TITLE
11 LABOR AND WORKERS’
COMPENSATION
CHAPTER
2 JOB TRAINING
PART 5 WORKFORCE INNOVATION AND
OPPORTUNITY ACT ONE STOP SYSTEM AND
PARTNERSHIPS
11.2.5.1 ISSUING AGENCY:
New Mexico Department of
Workforce Solutions (DWS)
[11.2.5.1
NMAC - N, 7/1/2018]
11.2.5.2 SCOPE:
State workforce development board (state board), department of workforce
solutions (DWS), chief elected officials (CEOs), local workforce development
boards (local boards), local workforce system administrative entities (local
administrative entities), workforce system sub-recipients and workforce system
partners.
[11.2.5.2
NMAC - N, 7/1/2018]
11.2.5.3 STATUTORY AUTHORITY:
Title I of the Workforce
Innovation and Opportunity Act (WIOA), 29 U.S.C. Chapter 32, Subchapter
I, and 1978 NMSA Section 50-14-1 et seq.
[11.2.5.3
NMAC - N, 7/1/2018]
11.2.5.4 DURATION:
Permanent.
[11.2.5.4
NMAC - N, 7/1/2018]
11.2.5.5 EFFECTIVE
DATE: July 1, 2018, unless a later date is cited at
the end of a section.
[11.2.5.5
NMAC - N, 7/1/2018]
11.2.5.6 OBJECTIVE:
To provide guidance to local
boards and one-stop partners and operators regarding required and appropriate
partnering strategies within the one-stop delivery system.
[11.2.5.6
NMAC - N, 7/1/2018]
11.2.5.7 DEFINITIONS:
A. Infrastructure
funding agreement (IFA) is an agreement on shared infrastructure costs
negotiated among local boards, one-stop partners, and chief elected
officials. IFAs are a mandatory
component of the local memorandum of understanding, described in WIOA Sections
121(c), 20 CFR 678.500 and 678.755, 34 CFR 361.500 and 361.755, and 34 CFR
463.500 and 463.755. The IFA contains
the infrastructure costs budget, which is an integral component of the overall
one-stop operating budget.
B. Workforce connection
online system is a common management information system DWS makes available
to support business outreach and job seeker services. The system is utilized for all data
collection, performance monitoring, and reporting of all workforce development
activities.
[11.2.5.7
NMAC - N, 7/1/2018]
11.2.5.8 DESCRIPTION OF THE
ONE-STOP SYSTEM: The one-stop delivery system brings together
required partner agencies and organizations to collaboratively implement a
seamless, customer-focused approach to delivering workforce development, education,
and other related workforce development programs. Together these partners determine strategies
to best meet this mission, such as through co-location, shared case management,
coordinated and integrated communications and information, training and educational
activities, business services, and other means.
A. Each
local area is required to establish at least one comprehensive center that
includes access to all of the required partners.
B. Non-comprehensive
sites, or affiliate sites, where one or more of the required programs are
available, are permissible, as long as clear opportunities exist for connecting
partners, customers, and businesses to ensure coordination across programs.
C. Under
WIOA Title I, stand-alone sites offering only Wagner-Peyser employment
services-funded services, are prohibited.
[11.2.5.8
NMAC - N, 7/1/2018]
11.2.5.9 ONE-STOP PARTNERS
AND PARTNER RESPONSIBILITIES: WIOA establishes goals for the
integration of workforce development programs.
These goals are intended to maximize the value and benefits to customers
of services available to them under federally-funded workforce development
programs. Planning and coordinating
services among all federally-funded workforce development partners is necessary
in order to achieve the level of integrated services delivery required by
WIOA. This means that all
federally-funded workforce development programs must work in partnership to
optimize the quality of services provided.
Successful integration is directly related to coordinated and joint use
of resources.
A. These required
partners are entities responsible for administering the following workforce
development programs and activities in the local area:
(1) Title
I Programs (Adult, dislocated worker, youth, Job Corps, YouthBuild, Native
American and migrant and seasonal farmworker programs);
(2) Wagner-Peyser
Act employment service program authorized under the Wagner-Peyser Act (29 USC
49, et seq), as amended;
(3) Vocational
Rehabilitation program authorized under Title I of the Rehabilitation Act of
1973 (29 USC 720, et seq), as amended by WIOA Title IV;
(4) Adult
Education and Family Literacy Act programs under Title II of WIOA.
(5) Senior
community service employment program (SCSEP) authorized under Title V of the
Older Americans Act of 1965 (42 USC 3056, et seq);
(6) Career
and technical education programs at the postsecondary level, authorized under
Carl D. Perkins Career and Technical Education Act of 2006(20 USC 2301, et seq.);
(7) Trade
Adjustment Assistance authorized under Chapter 2 of Title II of the Trade Act
of 1974 (19 USC 2271, et seq);
(8) Jobs
for veterans state grants programs authorized under Chapter 41 of Title 38,
USC;
(9) Employment
and training activities carried out under the Community Services Block Grant
(42 USC 9901, et seq);
(10) Employment
and training activities carried out by the department of housing and urban
development;
(11) Programs
authorized under state unemployment compensation laws under 1978 NMSA 51-1-1,
et seq (in accordance with applicable federal law);
(12) Reentry
employment opportunities (REO) (formerly known as ex-offender programs)
authorized under Section 212 of the Second Chance Act of 2007 (42 USC 17532);
and
(13) Temporary
assistance to needy families (TANF) authorized under the Social Security Act,
unless exempted by the governor.
(14) Other
entities that carry out a workforce development program, including federal,
state or local programs, and programs in the private sector, may serve as
additional partners in the one-stop delivery system if the local board and
chief elected officials approve the entity’s participation, in accordance with
20 CFR 678.410.
B. Each required
partner must provide its workforce development programs or activities through
the one-stop delivery system.
C. Each local board
is mandated to establish a memorandum of understanding (MOU) with each of the
required one-stop partners in that local area that describes their programmatic
and fiscal contributions for infrastructure, and additional costs necessary to
support the one-stop delivery system.
D. WIOA and related
regulations outline the requirements for federally-funded workforce development
partners to contribute to infrastructure funding of the one-stop system in each
local area. Partner programs and
additional partners that carry out a program in the local area are required to
share infrastructure costs and certain additional costs. When two or more grant recipients or contractors
of a required partner program carry out a program in a local area, these
entities are considered one-stop partners, and they must reach out to the local
board to assist in carrying out the roles and responsibilities of the workforce
connection centers, including negotiating their share of the infrastructure
costs.
E. When one or more
required partners is the recipient of multiple federal grant awards, each grant
or contract recipient carrying out the workforce development program in that
local area must contribute towards the infrastructure costs. Contributions must be based on the
proportionate use and relative benefit received by those partners from the
workforce connection centers. As
required one-stop partners, Native American programs are strongly encouraged to
contribute to infrastructure costs, but they are not required to
contribute. Any agreement or
contribution or non-contribution to infrastructure costs by Native American
programs must be documented in the MOU carried out by the US department of
housing and urban development;
[11.2.5.9
NMAC - N, 7/1/2018]
11.2.5.10 MEMORANDUM OF UNDERSTANDING (MOU):
The MOU is the functional tool, as well as the visionary plan for how
the local boards and one-stop partners will work together to create and execute
a unified service delivery system that meets the needs of their shared
customers. The following additional
requirements for MOUs apply:
A. Local
boards may develop a single “umbrella” MOU that addresses overarching issues
for the local board, chief elected officials, and required one-stop partners as
they relate to the local one-stop delivery system. Alternatively, they may choose to enter into
a separate MOU with each individual partner, or group of partners;
B. Each required one-stop partner entering into
the MOU development and negotiation process designates a specific individual
with authority to commit financially and programmatically on behalf of the
required partner. This individual may be
staff from a state agency’s central, regional, or local office or a local
representative providing services for a state-level entity through a contract,
grant, or similar agreement.
C. MOUs must identify and detail how each
required partner will contribute its proportionate share of infrastructure
costs for the one-stop system.
D. The local board must report failure to
execute any MOU with a required one-stop partner to DWS. If DWS cannot assist the local board to
resolve the impasse, the failure to resolve the impasse will be reported to the
US Secretary of Labor and the head of any other agency with responsibility for
oversight of the required partner’s program.
[11.2.5.10
NMAC - N, 7/1/2018]
11.2.5.11 ONE-STOP OPERATING
COSTS: WIOA requires all one-stop partners to contribute
to infrastructure funding, which includes both facility and shared costs needed
to maintain operation of the one-stop delivery system.
A. Contributions by
required one-stop partners to the facility funding costs of a comprehensive
workforce connection must be monetary.
B. Contributions by both required and other
partners for shared costs may be in cash, or in a fairly evaluated in-kind
contribution. However, said
contributions must demonstrate the contribution impacts and benefits all
partners and the overall one-stop delivery system.
C. Each local board is required to establish an
MOU with each partner in that local area that includes how infrastructure
funding will be allocated and contributed.
D. DWS is responsible for providing ongoing technical
assistance and written guidance describing the required workforce system
partners, example tables, and funding structures to aid in the overall planning
and development of the infrastructure funding agreements (IFAs). DWS is also responsible for advocacy and
communication with state partner organizations and agencies as needed to
support local board negotiations.
E. If
consensus cannot be reached when developing the IFA, local boards are required
to notify DWS at least 60 days prior to the deadline set by DWS. DWS will then assume responsibility for
reviewing negotiated costs and processes used to determine the IFA, providing
further guidance to local boards and the partners. The funding mechanism imposed by DWS is a
last resort effort. The local board and
the required partners are required to continue to negotiate in good faith to
avoid a funding mechanism imposed by DWS.
[11.2.5.11
NMAC - N, 7/1/2018]
11.2.5.12 ONE-STOP OPERATORS:
A. At a minimum, the one-stop operator
(operator) must coordinate the service delivery of required one-stop
partners. The operator works with all
the required workforce development partners to coordinate effective strategies
and systems necessary to build and sustain a cohesive, seamless one-stop
delivery system that engages all the partners in planning, goal setting, and
implementing activities. The operator is
primarily responsible for organizing and facilitating partner discussions
surrounding the MOU, IFA, and shared work responsibilities needed to implement
and sustain a customer-centered approach focused on improving employment
outcomes for job seekers and business outreach to employers. Additionally, the operator must oversee
implementation and compliance of these activities to ensure effective
programmatic and physical access at each of the workforce connection centers to
ensure they are in compliance with WIOA regulations, and state and local
policies related to nondiscrimination and equal opportunity.
B. The following requirements apply to the local
board and operator:
(1) WIOA requires each local board to
issue a competitive process for the selection of the operator for the local
area on a regular basis.
(2) A sole source selection option is
allowed, but only after an attempt to competitively procure does not result in
a responsive or reasonable offer. A
local board may also be selected as an operator through sole source
procurement, but only with an agreement of the chief elected officials in the
local area and DWS. In instances where
the local board is selected as the operator, sufficient conflict of interest
policies and procedures must be established by the local board and these
policies and procedures must be approved by DWS.
(3) An operator may be a single public,
private, or nonprofit entity, or a consortium of entities. If a consortium of entities is used, it must
include a minimum of three of the required one-stop partners.
(4) Elementary schools and secondary
schools are not eligible as operators, except that a non-traditional public
secondary school such as a night school, adult school, or an area career and
technical education school may be selected.
[11.2.5.12
NMAC - N, 7/1/2018]
11.2.5.13 ONE-STOP CERTIFICATION: Local boards must certify their workforce
connection centers at least once every three years.
A. The state workforce development
board, in consultation with chief elected officials and the local board must
establish objective criteria and procedures for the local board to use when
certifying the workforce connection centers.
B. Local boards must develop and include in
their local plan, a certification policy and procedure that contains the
criteria for assessing each workforce connection center and the one-stop
delivery system.
C. Local board certification policies
must be consistent with the criteria for assessing each local workforce
connection center and one-stop delivery system.
This must include an evaluation of the workforce connection centers and
one-stop delivery system for effectiveness, physical and programmatic accessibility,
and continuous quality improvement, as well as any additional criteria as
determined by the local board.
D. Local boards must submit their
certification policies to DWS for review and approval. These certification policies will be incorporated
into the compliance review and audit procedures conducted by state monitors.
E. In cases where a local board is
selected to act as the operator, DWS must review the assessment and make the certification
determination for those workforce connection centers and the one-stop delivery
system.
F. If local board certification is not completed
within the timeframes set by DWS, the workforce connection centers and the
one-stop system become ineligible to receive infrastructure funding from
partners or the state funds for those areas that rely on state infrastructure
funding.
[11.2.5.13
NMAC - N, 7/1/2018]
11.2.5.14 COMMON IDENTIFIER: In accordance with WIOA and 20 CFR, 678.900, the US Department of
Labor’s Employment and Training Administration, Education’s Office of Career,
Technical and Adult Education, Office of Special Education and Rehabilitative
Services’ Administration, and Health and Human Services Administration for
Children and Families established the “American Job Center” network as a
unifying name and brand that identifies online and in-person workforce
development services as part of a single network of publicly funded
services. The one-stop delivery system
must use either that common identifier as its name, or use a tag line phrase,
“a proud partner of the American Job Center network”. As such, DWS has adopted the tag line phrase,
“a proud partner of the American Job Center network”. All New Mexico workforce connection centers
are required to:
A. adopt
the new logo and branding practices with timeframes and procedures established
in accordance with state technical assistance guidance;
B. replace existing logos and incorporate the
tagline phrase;
C. adhere
to the logo and branding practices for all printed materials that are copied
and distributed for specific events and meeting, and all related publications
and handouts which include references to the workforce connection centers in
New Mexico;
D. adhere
to state technical assistance guidance regarding the common identifier.
[11.2.5.14
NMAC - N, 7/1/2018]
11.2.5.15 DWS
RESPONSIBILITIES: DWS, under the direction of the governor and
the state workforce development board, is designated as the state
administrative entity responsible for the implementation and oversight of WIOA
in New Mexico. DWS’s responsibilities
include, but are not limited to:
A. developing
statewide policies and written guidance letters;
B. ensuring
each local board develops and maintains a single umbrella or individual partner
memorandum of understanding;
C. ensuring each local board develops an
infrastructure funding agreement with the WIOA required partners that is
monitored, reviewed, and updated at least quarterly;
D. reviewing
and approving local board workforce development plans;
E. preparing
New Mexico’s WIOA state plan and submitting it to the US department of labor
(USDOL), as directed
F. preparing
an annual report in coordination with the state workforce development board on
workforce system activity and performance;
G. negotiating
statewide performance measures with the USDOL, and subsequently negotiating
local area performance measures with local boards;
H. providing
oversight and administration for the eligible training provider certification system;
I. preparing
and initiating grant agreements with each local board;
J. monitoring
and evaluating the one-stop delivery system to ensure compliance with state and
federal policies and directives;
K. providing
or contracting for technical assistance and training to ensure performance
measures and outcomes are met;
L. ensuring
the one-stop delivery system includes all required partners, and that
continuous quality improvement activities are developed and implemented;
M. requiring
corrective action or imposing sanctions on a local board or other WIOA
sub-recipient for significant inability or failure to perform as required;
N. evaluating
the effectiveness of the one-stop delivery system, including qualitative and
quantitative program analysis of program goals, performance success indicators,
outcomes, cost-efficiencies, seamless service delivery, partner contribution
and collaboration, and customer satisfaction; and
O. compiling
and submitting data and reports on program outcomes and performance of the
one-stop delivery systems as required by the USDOL, which may also include
compilation of data and reports related to common performance measures and
outcomes related to WIOA core partners.
[11.2.5.15
NMAC - N, 7/1/2018]
11.2.5.16 COMMON
INFORMATON AND MANAGEMENT SYSTEM: Local boards and their
sub-recipients are required to use the workforce connection online system,
which tracks participants and individual services and is used to track and
monitor performance outcomes. Partners
co-located in the comprehensive and affiliate centers, or partners engaged in
shared case management and referral, may enter into data sharing agreements
with DWS to support access to this system, and its related data, in accordance
with the provisions of a data sharing agreement.
[11.2.5.16
NMAC - N, 7/1/2018]
HISTORY
OF 11.2.5 NMAC:
History
of Repealed Material:
11.2.5 NMAC, Workforce Investment Act (WIA) State Workforce Development
Board, filed 6-16-2000 - Repealed effective 8-15-2012.
11.2.6
NMAC, Workforce Investment Act (WIA) One-Stop Delivery System, filed 6-16-2000
- Repealed effective 8-15-2012.
11.2.5
NMAC, Workforce Investment Act (WIA) One-Stop Delivery System, filed 8-15-2012
- Repealed effective 8-1-2018.