OPERATIONS BULLETIN
WORKFORCE INNOVATIONS AND
OPPORTUNITY ACT
Policy Number ETPxx-xxx/xxxx
Revised Date:
RWDB Board Approval Date: 9/14/23
Local Board Determination Policy
Local Board Determination Policy
PURPOSE
The purpose of this policy is to provide updated guidance regarding the Richmond Workforce Development Board’s ability to fund WIOA career training through Local Board Determination (LBD) as well as the use of CalJOBS Enrollment Activity Code 330 -Local Board Determination Training.
The CalJOBS Enrollment Activity Code is allowable for WIOA -funded Adult and Dislocated Worker programs and in some instances for programs funded through discretionary or special project grants.
BACKGROUND
On September 29, 2017, the State of California, Employment Development Department (EDD) issued WSIN 17-09 regarding the use of CalJOBS Enrollment Activity Code 330-Local Board Determination Training which is defined as follows:
Workforce Innovation and Opportunity Act (WIOA)-funded training opportunities have been restricted to training providers who have been vetted and included on the State of California’s ETPL. The process to apply and be approved for inclusion on the ETPL has been cumbersome including maintenance of a 70% job placement rate. Generation of the placement rate would require local education agencies to track and report job placements for all individuals who attended any program they wished to include on the ETPL. This type of tracking and reporting is not standard for local education agencies and presents a general hardship for training providers - especially for adult education institutions whose primary focus is not necessarily workforce development programs. As a result, the California ETPL has far fewer programs and providers available to WIOA participants.
However, the WIOA permits local workforce development boards to bypass the State ETPL using certain training providers when circumstances warrant it.
POLICY
Use of CalJOBS Enrollment Activity Code 330-Local Board Determination Training will be allowed for WIOA-funded Adult and Dislocated Worker programs and in some instances for programs funded through discretionary or special project funds.
CalJOBS Enrollment Activity Code 330-Local Board Determination Training may be used when either of the following two conditions have been met:
Condition #1:
A. When the training leads to the attainment of an industry-valued certificate, credential, or degree; and
B. When the training is focused toward one of the RWDB’s priority sectors, industries or occupations; and
C. When there is a general lack or limited number of training providers listed on the ETPL that are located in RWDB’s Local Area or within a reasonable travel distance for the participant; and
D. When the training provider is a local education agency (LEA) such as:
i. A community college
ii. An adult school
iii. A Regional Occupation Center/Program (ROC/P)
iv. A school in the UC or CSU systems, including extension courses Condition #2:
A. When the training leads to the attainment of an industry-valued certificate, credential, or degree; and
B. When the training is focused toward one of the RWDB’s priority sectors, industries or occupations; and
C. When the individual participant has significant barriers to employment that can be more effectively addressed during training by an institution or training provider that possesses specialized knowledge or has built-in capacity to provide the assistance required in order for individuals with special needs to succeed.
Cohorts:
This LBD Training policy applies to training cohorts as well. A cohort may be established when the LBD Training is being requested on behalf of more than one participant.
Waivers:
The RWDB may issue a waiver for these conditions as long as:
1. The training is focused toward one of the RWDB’s priority sectors, industries or occupations; and
2. The training leads to the attainment of an industry-valued certificate, credential, or degree; and
3. No more than one other condition criterion is unmet.
Consideration for approval of requested waivers will take several factors into account which may include, but are not limited to:
Any barriers to employment being experienced by the participant(s) The availability of employment opportunities for successful completion of the proposed training program that pay a wage meeting or exceeding the current RWDB’s Self-Sufficiency Wage Threshold.
The availability (or lack) of training providers on the ETPL The training providers’ level of engagement within industry sector circles or tables The location of the training program or provider and accessibility via transportation or through distance learning (virtually)
Other benefits or wrap-around services offered through the training provider Employment Program Specialists wishing to request a waiver of one of the requirements on behalf of their participants, should submit the attached Waiver Request Form to Program Managers for approval.
Blanket Waivers:
Once a waiver has been granted for a specific training program as offered by a specific training provider, and a second participant has been determined appropriate and qualified for a referral to that same program, then the RWDB may issue a blanket waiver allowing any subsequent participants be allowed to attend that program without requiring the specific program to be subject to the entire LBD Training Waiver process.
A blanket waiver may be granted for a specified period of time as long as there are no substantive modifications to the training program content, duration, or cost. The timeframe during which the blanket waiver will be valid will be either: 1) six months from the date the blanket waiver was issued; or 2) the end of the program year – whichever comes first.
Blanket Waivers may not be used if there have been substantive modifications to the training program content, duration, or cost since it was last approved. Blanket Waivers will be granted on a case-by-case basis and are not guaranteed.
LBD Training Approval and Limits
An LBD training may be request by staff by completing the LBDT Request Form. Requests will be reviewed by Program Management and either approved or denied. Once a Provider or Program has received an LBDT approval, the approval remains in effect until one of the following occur:
1. The program or provider makes substantive modifications to the training program content, duration, or cost; or
2. the end of the program year
3. Staff reevaluate the value proposition of the provider or program and determine that it no longer meets the needs of the RWDB and its participants
Local Area Monitoring Responsibilities:
Trainings provided to WIOA participants through the enrollment activity code 330-Local Board Determination Training will be subject to the same forms of monitoring as all other WIOA-funded trainings.
CITATIONS:
Employment Development Department’s (EDD) Workforce Services Information Notice (WSIN) 17-09
Attachments
Local Board Determination Training Request Form
LBD Modification
LBD Cancellation/Refund
LBD Blanket Waiver Request Form