Adult, Dislocated Worker, and Youth Activities

AOE  has established a competitive basis for awarding multiyear grants under Title II. The State Workforce Development Board (SWDB) will appoint a sub-committee to review applications submitted under Title II for alignment with the state plan. The committee will meet first to learn about their responsibilities and understand how Adult Education and Literacy (AEL) services are funded and delivered in Vermont. Committee members will review applications and provide recommendations for alignment with the state plan to the AOE. The established procedure and scoring rubric will be utilized.

Cooperative agreements between Title I and Title II programs exist through the three (including Vocational Rehabilitation and Division for Blind and Visually Impaired) core member data-sharing MOU and the complete One-Stop Partner MOU that describes how each programs’ services are administered in coordination.

One-Stop MOU is as follows: 

One-Stop American Job Center Services

Coordination and Deliverry in Vermont

Memorandum of Understanding

between

Vermont State Workforce Development Board

and the

Required and Additional Partners of the American Job Center Network

July 1, 2018 – July 1, 2019

• I. PARTIES

This Memorandum of Understanding (MOU) is entered into by Vermont’s State Workforce Development Board (“SWDB”); the Vermont Department of Labor (“VDOL”); Northlands JobCorps; ReSOURCE A Nonprofit Community Enterprise, Inc. (“ReSOURCE”); the Vermont Agency of Education (“AOE”); the Vermont Department of Disabilities, Aging, and Independent Living, Division of Vocational Rehabilitation (“DVR”); the Vermont Department of Disabilities, Aging, and Independent Living, Division for the Blind and Visually Impaired (“DBVR”); the Vermont Department for Children and Families, Economic Services Division (“ESD”); Vermont  Associates for Training and Development (“Vermont Associates”);  PathStone; Maquam Bay of Missisquoi, Inc.; and Champlain Valley Office of Economic Opportunity (“CVOEO”), as required one-stop partners under the Workforce Innovation and Opportunity Act (WIOA) of 2014, 29 U.S.C. §3151(b) and (c).

Other parties to this agreement are the Vermont Department of Corrections (“DOC”), Community College of Vermont (“CCV”), Vermont Technical College (“VTC”), and the Vermont Student Assistance Corporation (“VSAC”) who sign as additional partners without the obligation to contribute funding under section VI of this agreement.

• II. SCOPE

This MOU is intended to describe the roles and responsibilities of One-Stop partner programs in the Vermont American Job Center (AJC) Network generally and the Burlington comprehensive AJC specifically. The partners executing this MOU acknowledge and agree that this document is not a contract, and the MOU does not create, or otherwise give rise to, any contractual rights or obligations between the partners and their representatives.  Each partner’s responsibilities, which are generally summarized in this MOU, may only be legally enforced in the event relevant partners execute a separate contract. The MOU memorializes, in writing, the way the partners will work collaboratively together to satisfy the federal regulations for the Vermont AJC Network.

This MOU does not replace or supersede any prior agreements entered into by any partner described in the MOU, including but not limited to separate agreements partners have executed. 

• UTHORITY

The Workforce Innovation and Opportunity Act (WIOA) requires the SWDB, with the agreement of the Governor, to develop and enter into an MOU between the SWDB and One-Stop partners, concerning the operation and funding of Vermont’s AJC Network. 29 U.S.C §3151. This requirement is further described at 20 CFR §678.500, 34 CFR §361.500, and 34 CFR §463.500, and in federal guidance issued by the US Dept. of Labor, US Dept. of Education, and US Agency of Health & Human Services.

Additionally, the sharing and allocation of infrastructure costs among One-Stop partners is governed by 29 U.S.C. §3151(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200.

IV. INTENT

Parties intend for this MOU to serve as a framework for developing and aligning Vermont’s workforce preparation and employment system so that it meets the needs of businesses, job seekers, and those who want to further their careers. In designing a “one-stop” system of service delivery, program partners will become connected to one another in ways that will promote integration, innovation, and better employment outcomes for Vermont businesses and job seekers.  A closely aligned system of workforce development programs will help all of Vermont’s jobseekers and businesses access the broad array of services and supports available to them through a more robust and personalized delivery system. Partners believe the system will grow stronger as the network embraces best practices, makes evidence-based decisions, and stays accountable to customers by focusing on continuous improvement and soliciting feedback.

In general terms, WIOA is designed to increase access to opportunities for the employment, education, training, and support services for all citizens, particularly those with barriers to employment. The Vermont AJC Network will support the alignment of workforce investment, education, and economic development systems to create a comprehensive, accessible, and high-quality workforce development system. It will strengthen the quality and labor market relevance of workforce investment, education, and economic development efforts to provide Vermont’s workers with the skills and credentials necessary to secure and advance in employment with good-paying jobs to provide Vermont’s businesses with the skilled workers the employers need to succeed in a global economy.

• V. TERMS OF AGREEMENT
  1. American Job Center (AJC) Locations

Vermont’s sole comprehensive one-stop AJC is located at 63 Pearl St, Burlington, VT 05401 and is referred to in this MOU as the “Burlington AJC.” Other locations where one-stop services are delivered throughout the state are described in Table 5 (attached).

1. 2. Common Identifier for Branding

The required parties agree to use the federally designated branding protocols, either through use of the approved logo or printing “American Job Center network” or “A Proud Partner of the American Job Center network” on branded electronic resources and any newly printed, purchased or created materials. 

1. 3. Career Services Coordination and Delivery

The following programs will offer services in the Burlington AJC and throughout the One-Stop AJC Network: (1) WIOA Adult Program, (2) WIOA Youth Program, (3) WIOA Dislocated Worker Program, (4) Wagner-Peyser Employment Services Program, (5) Trade Adjustment Assistance Program, (6) State Registered Apprenticeship Program, (7) State Unemployment Insurance Program, (8) Reemployment Services and Eligibility Assessments (RESEA) Program, (9) Jobs for Veterans Program, (10) Vocational Rehabilitation Program, Blind and Visually Impaired Services Program, (11) Senior Community Service Employment Program, (12) Training and Employment Support Programs offered through Champlain Valley Office of Economic Opportunity, (13) Migrant Seasonal Farmworker Program, (14) YouthBuild Program, (15) JobCorp Program,  (16) Adult Education and Family Literacy Programs, (17) Employment and Training Support Programs offered by Vermont Department of Corrections, (18) Assistance for Needy Families (a.k.a. Reach-UP), (19) Vermont Technical College Employment and Training Outreach Programs, (20) Community College of Vermont Employment and Training Outreach Programs, (21) Vermont Student Assistance Corporation Employment and Training Outreach and Support Programs, (22) WIOA Native American Training and Employment Support Programs, and (23) Supplemental Nutrition Assistance Program (a.k.a. 3SquaresVT).

At a minimum, parties agree that all of the required career services described in 20 CFR §678.430, access to training services described in 20 CFR §680.200, access to any employment and training activities carried out under 29 U.S.C. §3151(b)(1)(B), access to programs and activities carried out by one-stop partners listed in §§678.400 through 678.410, including the employment service program authorized under the Wagner-Peyser Act, as amended by WIOA title III, and workforce and labor market information will be available at the Burlington AJC.

Parties agree to provide applicable career services listed in Table 1 (attached) and defined in Table 2 (attached) and described in Table 5 (attached) through walk-in appointments, scheduled one-on-one appointments, group orientations, and self-service resources. Where appropriate, partners who provide the same career services agree to deliver those services in a coordinated manner and will involve the One-Stop Operator in the design of the process as needed. VDOL has been selected by the SWDB as the One-Stop Operator from July 1, 2017 – June 30, 2021. The duties of the One-Stop Operator are further described in subsection (e) of this agreement.

At least one Title I staff person will be physically present during regular business hours and customers will have access to all programs, services, and activities described in this section. For the purposes of this agreement, “access” means that a program staff member or a staff member from a different program who is appropriately trained, will be physically present at the Burlington AJC, or that a direct connection via phone or real-time Web-based communication will be available at the Burlington AJC to connect a customer with a program staff member who can provide information or services to the customer, within a reasonable time.

1. Infrastructure Cost Share Agreement

Required Partners. Section 121(b)(1)(B) of WIOA identifies the programs responsible for sharing the infrastructure costs of the Burlington AJC. The partners who administer these programs and carry this responsibility are as follows:

1. WIOA Title I Adult Program, VDOL;
2. WIOA Title I Dislocated Worker Program, VDOL;
3. WIOA Title I Youth Program, VDOL;
4. Job Corps, Northlands JobCorps;
5. YouthBuild, ReSource;
6. Migrant and Seasonal Farmworker Programs, PathStone;
7. Wagner-Peyser Act Employment Service Program, VDOL;
8. WIOA Title II Adult Education and Family Literacy Act program, AOE;
9. WIOA Title IV Vocational Rehabilitation Program, DVR;
10. WIOA Title IV Vocational Rehabilitation Program, DBVI;
11. Senior Community Service Employment Program, Vermont Associates;
12. Perkins Career and Technical Education Programs at the Postsecondary Level, AOE;
13. Title II Trade Act Trade Adjustment Assistance Activities, VDOL;
14. Jobs for Veterans State Grants Programs, VDOL;
15. Employment and Training Activities under the Community Services Block Grant, CVOEO;
16. State Unemployment Compensation Program, VDOL; and
17. Temporary Assistance for Needy Families, ESD.

Non-Required, Contributing Partners. The following programs voluntarily agree to share the infrastructure costs of the Burlington AJC:

1. RESEA, VDOL; and
2. State Apprenticeship Program; VDOL

Non-Required, Non-Contributing Partners. For the purpose of sharing infrastructure costs, the following program partners are not subject to cost assessments under this section for the reasons stated next to their name:

1. Native American Programs, Maquam Bay of Missisquoi, Inc., excluded from obligation under WIOA;
2. Second Chance Act, DOC, excluded from obligation because funding under this Act doesn’t currently exist in Vermont;
3. Supplemental Nutrition Assistance Program, ESD, excluded from obligation because it is not a federally required partner;
4. Vermont Student Assistance Corporation; excluded from obligation because it is not a federally required partner but will pay for use of space to deliver services under a separate agreement with VDOL as appropriate;
5. Community College of Vermont, excluded from obligation because it is not a federally required partner; and
6. Vermont Technical College, excluded from obligation because it is not a federally required partner.

Burlington AJC Programs. In addition to the required partner programs listed above, the following entities provide services out of the Burlington AJC: VSAC, and Vermont HITEC. In calculating the proportional infrastructure use of the Burlington AJC these programs will be included. VDOL agrees to assume financial responsibility for their proportional share of the infrastructure cost.

Use of Federal Funds to Maintain Burlington AJC. Each entity that carries out a program or activity in the Burlington AJC will use a portion of their available funds to maintain the one-stop delivery system, including payment of the infrastructure costs for the Burlington AJC. These payments will be in accordance with 20 CFR § Subpart E; federal cost principles, which require that all costs must be allowable, reasonable, necessary, and allocable to the program; and all other applicable legal requirements.

Shared Costs. Table 3 (attached) identifies three categories of costs that will be shared by the Burlington AJC required partners: Infrastructure, Shared Services, and Shared Costs.

Infrastructure Costs. The cost categories listed under Infrastructure represent the costs that will be billed proportionally to required partner programs and other co-located programs on a quarterly basis, as accrued. The total amount assessed to programs for the Shared One-Stop Space will not exceed sixteen percent of the total proportional amount budgeted for the Burlington AJC. Partner programs who are also co-located in the building, will be assessed an additional amount for their proportional square foot use.

Additional Costs. Table 3 (attached) limits the amounts and types of Shared Services and Additional Costs expenditures that may be proportionally assessed to the partner programs. Each program will be assessed their proportional share of the Additional Costs on a quarterly basis, after costs have been incurred.

Duration. Partners named in this section agree to share the cost of maintaining the Burlington AJC infrastructure, as outlined above, from July 1, 2018 to June 30, 2019.

1. Business Practices
2. Parties to this agreement will follow their agency’s or program’s business practices in the provision of services under this MOU. These practices include, but are not limited to, those related to auditing, employee personnel practices, employee and client confidentiality, insurance, procurement, record keeping and retention, and employee and client confidentiality.  
   1. Management of the Burlington AJC and Vermont’s AJC Network

Parties recognize and respect that each agency has different philosophies, policies, practices and day-to-day operation and supervision requirements.

Parties acknowledge that the role of the designated One-Stop Operator (“Operator”) is to coordinate the delivery of services by required One-Stop partners and service providers both within the Burlington AJC and across the Vermont AJC Network. Partners agree to assist the Operator in performance of its duties as necessary. Other responsibilities of the Operator include, but are not limited to:

• Providing reports and other information as required by the SWDB. The Operator will make available to the SWDB sufficient information to enable the SWDB to oversee the Vermont AJC Network, and to ensure that funds are appropriately used, managed, and invested in order to maximize performance outcomes. 
• Assisting in the development of MOUs between the SWDB and the One-Stop partners that fully describe the roles and responsibilities of each One-Stop partner, including sharing the infrastructure and additional shared costs related to Vermont’s AJC Network.
• Developing processes to ensure that all customers receive appropriate, timely, and effective career services.
• Coordinating reception and initial registration services for all customers.
• Coordinating access to virtual resources at appropriate partner locations, libraries, and other points.
• Identifying and recruiting additional system partners and resources.
• Performing continuous improvement activities to achieve high-level service quality and exceptional customer service, including: reviewing the various resources and services available to customers on an ongoing basis, and identifying additional services or enhancements; and measuring customer satisfaction, reviewing results, and making recommendations for improvement.
• Handling and resolving complaints related to the Burlington AJC and the Vermont AJC Network in accordance with an approved grievance procedure.
• Developing and implementing a coordinated staff development and training plan for the Burlington AJC and Vermont AJC Network.
• In coordination with the One-Stop partners, developing and implementing a formal referral process, including referral forms, as described in subsection (g) of this agreement.
• Ensure alignment of resources, services, and data as outlined in the State Plan.
• Monitoring compliance with all federal and state laws, regulations, policies, and procedures related to the Vermont AJC Network, including the Burlington AJC.
  2. Customer Referrals  

Vermont’s AJC Network is designed to share service delivery infrastructure, empowering all partner organizations to provide the widest array of high-quality services to meet customer needs. Parties agree to create a policy for making and following-up on referrals and review it annually to ensure that the system is effective, efficient, and helpful to customers.

In addition, parties agree to:

• Participate in a customer focused referral system that seamlessly accesses resources from involved partners to increase quality outcomes;
• Offer customers information on how to apply for a partner's services and arrange an appointment for the customer, if needed;
• Identify a partner referral liaison for each program partner;
• Provide ongoing training to all partner frontline staff in each program’s services and eligibility; and
• Establish a standard of real-time referrals to all applicable local program partners. 

1. 3. Confidentiality  

Customer information will only be shared in accordance with each partner’s respective confidentiality requirements. If shared, the information will be made available within a reasonable timeframe.

Information about Vocational Rehabilitation customers may only be shared if the customer has signed a written release. Information may only be shared for the period of time specified in the release and only with the persons identified in the release. 

Personally identifiable information obtained from customers of specific programs during outreach, intake, system orientation, initial assessment, referral to a partner programs, referral to supportive services, or otherwise is confidential and will not be released, disclosed or re-disclosed without obtaining the proper program specific release. Parties agree to work with the One Stop Operator to design information sharing protocols for one stop partners that complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Family Educational Rights and Privacy Act (FERPA), and any other relevant federal or state privacy laws.

1. 4. Accessibility   

Activities, employment, information and services available to job seekers and employers through the Vermont AJC Network and the Burlington AJC must be both physically and programmatically accessible to all people. A person’s race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, age, political affiliation or belief, disability, veteran’s status, or physical or mental condition will not impede their ability to access services, events, or programs.

Parties will comply with all relevant federal and state laws and regulations, including the Nondiscrimination and Equal Opportunity Provisions of WIOA, the Fair Employment and Housing Act; ADA Amendments Act of 2008, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and Title VI of the Civil Rights Act of 1964.

Parties will comply with all relevant federal and state laws and regulations, including the Nondiscrimination and Equal Opportunity Provisions of WIOA’ the Fair Employment and Housing Act; the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and Title VI of the Civil Rights Act of 1964.

Staff Training. Parties agree to assist the One-Stop Operator in coordinating ongoing trainings and sharing information so that program staff are trained in ways to modify environments, procedures, and information dissemination to avoid discrimination and to meet individual needs. Trainings will include instruction on how to provide services for all customers in compliance with the laws referenced above and best practices concerning accessibility, inclusiveness, and universal design.

Partners in Vermont’s AJC Network will ensure that all locations where program services are available to customers meet the standards of physical and programmatic accessibility described below.

Evaluations of the Burlington AJC’s physical and programmatic accessibility will include how customers with disabilities can access, fully participate in, or benefit from available services compared to customers without disabilities.

Physical Accessibility

Physical accessibility refers to the extent to which facilities are designed, constructed, or altered so they are accessible to and usable by individuals with disabilities. AJC partners will use universal design and human-centered design strategies to help all customers access services. Evaluations of physical accessibility will take into account exterior and interior accessibility and will include criteria evaluating how well the AJCs and delivery systems take actions to comply with disability-related regulations implementing WIOA section 188.

Location and Facility. The Burlington AJC is accessible by public transportation, driving, biking, or walking. The center’s sign is clearly marked and visible from a main road. The required number parking spaces are dedicated and marked for individuals with disabilities and are located closest to an accessible entrance.

The physical layout of the Burlington AJC eliminates structural barriers to mobility and is accessible to individuals of all capabilities. The building complies with the most recent ADA standards for Accessible Design and the Uniform Federal Accessibility Standards. The center’s layout supports a culture of inclusiveness, guided by laws and regulations referenced above.

Workspaces and Assistive Technology. All public workspaces will be physically accessible to all customers by July 1, 2018 and will include assistive technology for customer use. A plan will be implemented to select, install, maintain, and update assistive technology based on customer’s needs.  Staff will also be trained on the use of the assistive technology so they can support customers needing the tools to access services.

Hours of Operation. The Burlington AJC provides maximum access to partner program services during regular business hours. Partner staff will consider the unique work, childcare, or transportation needs of participants and try to offer flexibility in scheduling whenever possible.

Programmatic Accessibility

Programmatic accessibility means that services and activities provided through Vermont’s AJC Network, specifically those provided in the Burlington AJC, will be offered and delivered in a way that enables all eligible job seekers and employers to participate regardless of their range of abilities, age, culture, learning style, intelligence, or education level, in the most integrated setting appropriate.

All customers with disabilities will be reasonably accommodated so that they are able to interact and communicate with service providers in the most conducive environment available. Accommodations will also be made for individuals who have communication challenges, such as individuals who are deaf or hard of hearing, individuals with vision impairments, and individuals with communication disorders.

Communication. Staff will communicate with persons with disabilities as effectively as with others, and provide appropriate auxiliary aids, services, or other accommodations as needed. Individuals with disabilities seeking information or services from the Burlington AJC will have equal access to all information and data provided by the center.

Resources through the Burlington AJC will be accessible to individuals with disabilities and made available in multi-lingual versions. Translation services will be available, as needed, for all customers and service providers. All information, including that which is in digital format, will be clearly identified, communicated in a way that the public can understand and use, and fully accessible for individuals utilizing assistive technology tools.  Information will be presented in a way that is compliant with federal and state law. 

Virtual Accessibility. Customers will have access to all partner program services in the Burlington AJC onsite or via technology located at the center in compliance with WIOA’s “direct linkage” requirement further described in 20 CFR 678.305.  Phone, real-time web-based communications, or other technology will be physically present, enabling real-time interactions either on-demand or within a reasonable time. Parties agree to establish a policy that defines and describes a reasonable response time and protocol and agree that partner program staff located remotely and at the Burlington AJC will comply with the policy.

AJC partners will work to ensure that job seekers and businesses have access to the same information online as they do in a physical facility. All information kept virtually will be updated regularly to ensure dissemination of correct information. Partners will either have their own web presences via a website or social media, or will enter into a separate agreement with another partner program to post content through its website. Partners will assure that their websites are fully accessible for customers utilizing assistive technology tools.

• VII. ONE-STOP AMERICAN JOB CENTER (AJC) OPERATING BUDGET

29 U.S.C. §3151(h)requires that one-stop partners use a portion of the funds available to them to maintain a one-stop service delivery system. The required parties to this MOU agree to jointly fund Vermont’s AJC Network infrastructure and shared services out of the Burlington AJC. The shared services budget described in Table 3 (attached) was negotiated and agreed upon by all the required partners.

Table 4 (attached) totals the individual budgets for programs offering services through the Burlington AJC.

8. CONFLICT RESOLUTION

Parties agree to attempt in good faith to resolve disputes regarding policy or practice among themselves. If policy or practice disputes cannot be resolved at this level, parties will work with the One-Stop Operator to settle the disagreement. If necessary, parties may solicit support from the SWDB to resolve outstanding disputes. The SWDB shall be the final arbiter of disputes related to the funding and operation of the Vermont AJC Network and Burlington AJC. 

• IX. INDEMNIFICATION

Nothing in this agreement shall be deemed to constitute a waiver of the sovereign immunity of the State. Each non-state party to this agreement shall defend, indemnify and hold harmless the State, its officers and employees, from and against any and all losses suffered by the State, its officers and employees, from and against any and all claims, liabilities or penalties asserted against the State, its officers and employees, by or on behalf of any person, arising out of the acts or omissions of the non-state party.

• X. AMENDMENTS

This agreement may be modified or amended at any time, provided that all parties are in mutual agreement.  Modifications or amendments shall be in writing, signed by the parties to this agreement, and attached to the original agreement

• XI. DURATION

The term of the MOU is from July 1, 2018 to July 1, 2019 and shall be effective upon signature by the parties’ authorized representatives.

The organizations listed below are required partners of Vermont’s AJC Network, unless otherwise noted.

__________________________________________________________                                           ______________________

Frank Cioffi                                                                                                                                     Date

Chair, State Workforce Development Board

__________________________________________________________                                           ______________________

Lindsay Kurrle                                                                                                                             Date

Commissioner, Vermont Department of Labor

WIOA Title I Youth Program, WIOA Title I Dislocated Worker

Program , WIOA Title I Adult Program, Jobs for Veterans State

Program, State Unemployment Insurance Program, RESEA*,

State Apprenticeship Program*, Trade Assistance Program, and

Wagner-Peyser Employment Services Program.

__________________________________________________________                                           ______________________

Heather Bouchey                                                                                                                       Date

Acting Secretary, Agency of Education

Carl D. Perkins Post-Secondary Career and Technical Education

Programs and WIOA Title II Adult Education and Family Literacy

Act Programs

__________________________________________________________                                           ______________________

Diane Dalmasse                                                                                                                          Date

Director, Division of Vocation Rehabilitation

WIOA Title V Vocational Rehabilitation Programs and

Senior Community Service Employment Program

__________________________________________________________                                           ______________________

Fred Jones                                                                                                                                       Date

Director, Division for Blind and Visually Impaired

WIOA Title V Vocational Rehabilitation Programs

__________________________________________________________                                           ______________________

Sean Brown                                                                                                                                    Date

Deputy Commissioner, Economic Services Division Director

Temporary Assistance for Needy Families (TANF) Programs

Supplemental Nutrition Assistance Program (SNAP)*

__________________________________________________________                                           ______________________

Pat Elmer                                                                                                                                         Date

President and CEO, Vermont Associates for Training & Development

Senior Community Service Employment Program

__________________________________________________________                                           ______________________

Jan Demers                                                                                                                                     Date

Executive Director, Champlain Valley Office of Economic Opportunity

Community Services Block Grant Employment and Training

Program Activities

__________________________________________________________                                           ______________________

Jeff Lewis                                                                                                                                          Date

Vice-President, Pathstone

WIOA Title I Migrant and Seasonal Farmworker Programs

__________________________________________________________                                           ______________________

Alicia Grangent                                                                                                                           Date

Center Director, Northlands JobCorps

WIOA Title I Job Corps

__________________________________________________________                                           ______________________

Louise Larivee                                                                                                                             Date

WIOA Director, Maquam Bay of Missisquoi, Inc.

WIOA Title I Native American Programs

__________________________________________________________                                           ______________________

Thomas Longstreth                                                                                                                 Date

Executive Director, ReSOURCE A Nonprofit Community Enterprise, Inc. 

WIOA Title I YouthBuild Programs

__________________________________________________________                                           ______________________

Lisa Menard                                                                                                                                   Date

Commissioner, Department of Corrections*

__________________________________________________________                                           ______________________

Joyce Judy                                                                                                                                        Date

President, Community College of Vermont*

__________________________________________________________                                           ______________________

Pat Moulton                                                                                                                                   Date

President, Vermont Technical Center*

_______________________________________________________                                                 ______________________

Patrick Leduc                                                                                                                               Date

Vice-President, Vermont Student Assistance Corporation*

*  = Not a required partner or partner program under 20 CFR §678.400

Table 2: Definitions of Services

In the following definitions, “customer” is equivalent to participant, consumer, client, student, or recipient, as used by the various partners.

 Basic Career Services (20 CFR §678.430(a) and §678.435)

Individualized Career Services (20 CFR §678.430(b))

Follow-Up Services (20 CFR §678.430(c))

Table 5: Vermont’s One-Stop Programs and Service Locations

* = Program & services offered at a different local location

Adult Education and Family Literacy:

CVABE = Central Vermont Adult Basic Education

NEKLS = Northeast Kingdom Learning Services

The Tutorial Center

VAL = Vermont Adult Learning

The Core Partner Data Sharing MOU is as follows:

1. PARTIES

This Agreement is entered into by the Vermont Agency of Education ("AOE"), the Vermont Department of Labor ("VDOL"), and the Vermont Agency of Human Services, Division of Vocational Rehabilitation ("VR") for the purpose of sharing protected personally identifiable information ("Protected PII"), Unemployment Compensation (UC) information, and other personal information, in order to comply with the State performance accountability and reporting requirements of the Workforce Innovation and Opportunity Act of 2014 ("WIOA").

2. BACKGROUND

AOE, VDOL, and VR, in their capacity as administrators of the WIOA Core Programs in Vermont, are required to report their program performance to their respective federal agencies: U.S. Departments of Education and Labor ("USDOE" and "USDOL"), and the Rehabilitation Services Administration ("RSA"). Each Core Program must collect and report its performance data according to a different schedule, either on a quarterly or an annual basis. Under the performance measures established in section 116(b) of WIOA and 20

C.F.R. § 677.155, all Core Programs are required to report the employment status of program participants, namely retention in unsubsidized employment and median earnings. Pursuant to section 116(i)(2) of WIOA and 20 C.F.R. § 677.175, where available, the use of wage records is required t<:> fulfill these reporting requirements.

3. PURPOSES AND SCOPE

The purposes of this agreement are the following:

1. 1. to authorize, in a manner compliant with the requirements of the Family Educational Rights and Privacy Act of 1974 (FERPA), 34 C.F.R. § 99.35, and 9 V.S.A. § 2440, sharing of Protected PII, including SSNs, from AOE to VDOL, as AOE's authorized representative;
   2. to authorize, in a manner compliant with the requirements of 34 C.F.R. § 361.38(d) and 9 V.S.A. § 2440, sharing of personal information, including SSNs, from VR to VDOL;
   3. to authorize, in a manner compliant with the requirements of 20 C.F.R. § 603, 21

V.S.A. § 1314, and 9 V.S.A. § 2440, sharing of UC information, including SSNs, wages, and the name, address, state, and Federal Employer Identification Number (FEIN) of the employer, from VDOL to AOE and VR; and

1. 4. to clarify that the authorized uses of the information shared under this Agreement are solely for the purpose of complying with the State performance accountability and reporting required under WIOA.

LEGAL AUTHORITY

SHARING OF SSNs UNDER VERMONT LAW

13. Vermont law sets out broad prohibitions against revealing PII, including SSNs, in 9 V.S.A. §§ 2430-2445.  However, multiple exceptions exist.  Under 9 V.S.A. § 2440(d)(l),  the prohibition against revealing PII does not apply when the State and any State agency are authorized by law, State or federal regulation to collect SSNs, or when the collection of SSNs is related to the performance of that agency's duties and responsibilities as prescribed by law. Additionally, under 9 V.S.A. § 2440(e)(l) these prohibitions do not apply when SSNs are disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities. Lastly, under 9 V.S.A. § 2440(e)(4), the collection, use, or release of a SSN is permissible when "reasonably necessary for administrative purposes or internal verification. Internal verification includes the sharing of information for internal verification between and among governmental entities and their agents, employees, contractors, grantees, and grantors."

Subsection 116(i)(2) of WIOA and 20 C.F.R. § 677.175 not only authorize, but also obligate Core Partner Programs to use wage records, where possible and available, to report performance reporting. This means that AOE, VDOL, and VR are generally required to collect, share, and disclose SSNs in order to perform their duties and responsibilities prescribed by law. In doing so, they disclose SSNs to another governmental entity: initially from AOE and VR to VDOL, and then from VDOL to AOE and VR in return. This sharing  is reasonably necessary for both administrative purposes and "internal verification" between and among governmental entities. Therefore, the purposes and uses of SSNs under this agreement are permissible under Vermont law.

• 2. DISCLOSURE OF PII FOR AUDIT AND EVALUATION
     1. FERPA: AUTHORIZED DISCLOSURE OF PII FOR AUDIT OR Ev ALUATION
• XIV. FERPA describes circumstances under which a State Educational Agency (SEA), such as AOE, is authorized to release data from an education record. The SEA must designate an authorized representative, such as VDOL, to receive the Protected PII from education records under 34 C.F.R. § 99.35(a). Protected PII may be disclosed to organizations for the audit and evaluation of federal or state supported education programs, and for conducting evaluative studies on behalf of SEAs, provided that federal, state, or local law authorizes the evaluation in question.

AOE is an SEA. Under this Agreement, AOE authorizes VDOL as its representative to receive PII for the purpose of matching that data with wage records, which is necessary for reporting performance under WIOA. WIOA authorizes the performance reporting for purposes of conducting audits and evaluations of the Core Programs. Therefore, the purpose for disclosure of PII by AOE to VDOL under this Agreement is permissible under 34 C.F.R.§ 99.35.

n.      AUTHORIZED RELEASE OF PII FOR AUDIT AND EVALUATION DIRECTLY CONNECTED TO VR PROGRAM ADMINISTRATION

• XV. Under 34 C.F.R. § 361.38(d), personal information may be released to an organization, agency, or individual engaged in audit, evaluation, or research only for purposes directly connected.with the administration of the Vocational Rehabilitation program.

WIOA requires VR to report its performance to the RSA according to the statutory performances measures. In order to report on these measures, VR must obtain wage records for individual participants, which requires sharing those participants' personal information, including SSNs, with VDOL to enable VDOL to match SSNs with individual wage records. The purpose of this sharing is directly connected with the administration of the VR program. Therefore, the purpose for disclosure of PII by VR to VDOL under this Agreement is permissible under 34 C.F.R. § 361.38.

• 3. UC INFORMATION
• XVI. The requirements regarding sharing and confidentiality of Vermont UC information are governed at the federal level through 20 C.F.R. § 603 and at the state level through 21 V.S.A.

§ 1314. These provisions authorize the use of UC information to a public official for the purposes of public administration.

1.         AUTHORIZED DISCLOSURE OF UC INFORMATION TO PUBLIC OFFICIALS FOR PUBLIC ADMINISTRATION

• XVII. Pursuant to 20 C.F.R. § 603.S(e), disclosure of confidential UC information to a public official for use in the performance of his or her official duties is permissible. "Performance  of official duties" means administration or enforcement of law or the execution of the official responsibilities of a Federal, State, or local elected official.

"UC information" is defined in 20 C.F.R. § 603.2(i) as information in the records of a State or State UC agency that pertains to the administration of the state UC law... which includes those State wage reports collected under the IEVS (Section 1137 of the Social Security Act (SSA)) that are obtained by the State UC agency.

"Public official" is defined in 20 C.F.R. § 603.2(d) as an official, agency, or public entity within the executive branch of Federal, State or local government who (or which) has responsibility for administering or enforcing a law, or an elected official in the Federal, State, or local government.  Disclosure of confidential UC information to an agent or contractor  of a public official to whom disclosure is permissible is allowable pursuant to 20 C.F.R. § 603.2(e).

21 V.S.A. § 1314(e)(l) states:

Subject to such restrictions as the Board may by regulation prescribe, information from unemployment insurance records may be made available to any public officer or public agency of this or any other state or the federal government dealing with the administration or regulation of relief, public assistance, unemployment compensation, a system of public employment offices, wages and hours of employment, workers' compensation, misclassification or miscoding of workers, occupational safety and health, or a public works program for purposes appropriate to the necessary operation of those offices or agencies.

ii.       AGENCY QUALIFICATIONS FOR RECEIVING UC INFORMATION

• XVIII. In order to disclose confidential UC information, VDOL shall ensure that the receiving entity is a public official, and that the public official's purpose for receiving the information  is for use in the performance of his or her official duties. AOE is a State agency responsible for administering the adult education and family literacy act programs and funds amended in Title II of the WIOA. VR is a division of the Vermont Agency of Human Services, a State agency responsible for administering the vocational rehabilitation programs and funds amended in Title IV of the WIOA. The purpose for disclosure of UC information to AOE  and VR is for the administration of federal law at the state level. Therefore, disclosure of UC information to AOE and VR is permissible, because both agencies meet the definition of a "public official" as defined in 20 C.F.R. § 603.2(d), and the purpose is to use the UC information disclosed for the performance of their official duties.

5. AGREEMENT TERMS

1. No INDIVIDUAL IDENTITY REVEALED

• XIX. AOE, VDOL, and VR shall not publicly report any assessment or accountability results based on the Protected PII, UC information, or other personal information shared under this Agreement except when permissible under the applicable federal and State privacy laws. In particular, AOE, VDOL, and VR shall not publicly report performance results when there are less than 11 participants in a category.

Federal Privacy Standards

Under 34 C.F.R. § 99.35(b)(l), disclosed PII shall be protected in a manner that does not permit personal identification of individuals by anyone other than the SEA or  their  authorized representatives. Under 34 C.F.R. § 361.38(d)(5), personal information  released for purposes directly connected with the administration of the vocational rehabilitation program is permissible only if the final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative. Under 20 C.F.R. § 603.4(b), States shall maintain the "confidentiality of any UC information which reveals the name or any identifying particular about any individual or any past or present employer or employing unit, or which could foreseeably be combined with other publicly available information to reveal any such particulars".

Under 20 C.F.R. § 677.175(c)(3) the Governor or other appropriate State entity designated to assist in carrying out the WIOA performance requirements is responsible for preventing disaggregation that would violate applicable privacy standards. Section 116(d)(6)(C) WIOA exempts the requirement for disaggregation of data for reporting purposes when "the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant."

Vermont Privacy Standards

In addition to the broad protections against revealing PII, including SSNs, established in 9 V.S.A. §§ 2430-2445, the protection of student privacy in the context of performance reporting is set out in 1 V.S.A. § 317(c)(11) and the Vermont State Board of Education Rule 2555. Rule 2555 states that to "ensure the confidentiality of individual students' results, public reporting of any assessment or accountability result shall require a minimum of 11 students."

2. No INFORMATION RELEASED TO VRPARTICIPANTS

Pursuant   to  34·   C.F.R.   §  361.38(d)(4),   the  personal   information   shared   under   this Agreement shall not be released to the individual involved in the VR program.

3. NEED-TO-KNOW ACCESS

Pursuant to 20 C.F.R. § 603.l0(b)(ii), those parties who request or receive UC information under this Agreement, AOE, VR, or their contractors, shall be limited to those with a need to access that UC information for purposes listed in this Agreement.

AOE, VDOL, and VR shall ensure that the PII, UC information, and other personal information shared under this Agreement will be accessed only by those individuals given express authorization to do so by their respective agencies, or by the individual's release granted through written consent, and that the PII, UC information and other personal information received will be used only for the specific purposes authorized in that release.

4. METHOD, TIMING, AND FORMAT OF REQUESTS

Pursuant to 20 C.F.R. § 603.l0(b)(iii), the methods and timing ofrequests for UC information and responses to those requests, as well as the format to be used for those requests shall be determined cooperatively by VDOL, AOE, and VR in order to ensure the ongoing efficiency and security of the data transfers, including best practices for security and data encryption.

On an exceptional basis, authorized individuals may have cause to contact either the VDOL Director of Operations and Information Technology or the VDOL Employer Services Chief for information authorized under this agreement. If, in VDOL's opinion, such contacts are more than occasional and incidental, additional cost reimbursement consistent with the terms set forth in the following section will be required.

5. COST REIMBURSEMEN

Pursuant to 20 C.F.R. §§ 603.l0(b)(iv) and 603.8, VDOL may not use any UC grant funds to pay any of the costs associated with making disclosures or furnishing UC information under 20 C.F.R. § 603.5.

VDOL, AOE and VR as administrators of the WIOA Core Programs in Vermont agree to a reciprocal cost sharing agreement for disclosure of data between the three state entities to

accomplish each program's respective performance measures reporting requirements. VDOL, AOE and VR agree to a reciprocal cost reimbursement schedule as follows in accordance with 20 C.F.R. §603.8:

Individual Record Request

1-10,000

10,000 - 50,000

50,001 or more

Flat Fee per Request

$200- Includes admin. costs

$250 - Includes admin. costs

$300 - Includes admin. costs

INFORMATION SAFEGUARDS

20 C.F.R. § 603.9 requires this Agreement to include provisions for safeguarding disclosed UC information. 21 V.S.A. § 1314(d)(l) requires that VDOL maintain confidentiality with regard to UC information, except for the limited purposes referenced in Section IV (Legal Authority) of this Agreement. In addition, the information transmitted pursuant to this agreement is personally identifiable information subject to the protections of 9 V.S.A. §§ 2430-2445.

All AOE and VR employees and all AOE and VR contractors shall be regularly reminded of the need to keep client data confidential, including UC information regarding individuals and employers, and that information may only be accessed on a need-to-know basis in the administration of programs. Expectations regarding confidentiality, use, and access to information for Vermont Agency of Human Services (AHS) employees are clearly specified in AHS Rule No. 08-048, "Consumer Information and Privacy Rule".

Information shall be maintained and accessed in a secure manner, meeting guidelines published in IRS Publication 1075, Sections 3.0-5.0 and 9.0, and the provisions ofFERPA.

Information shall be destroyed in a secure manner, meeting guidelines published in IRS Publication 1075, Section 8.0, and 34 C.F.R. § 99.35(b)(2).

Employees of AOE and VR with access to VDOL information shall receive annual training in the protection of federal tax information consistent with the requirements of IRS Publication 1075.

Pursuant to 34 C.F.R. §99.35(a)(3)(v), VDOL shall maintain policies and procedures, consistent with FERPA and other Federal and State confidentiality and privacy provisions, to protect PII contained in education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting use of PII from education records to only authorized representatives with legitimate interests in the audit or evaluation of a federal or state supported education program or for compliance or enforcement of federal legal requirements related to these programs.

7. INSPECTIONS

At its discretion, VDOL may conduct on-site inspections of AOE and VR or their contractors who receive UC data to ensure that the requirements of Vermont law and this Agreement are being met.

8. AMENDMENTS

This Agreement may be modified or amended at any time, provided that all parties are in mutual agreement. Modifications or amendments shall be in writing, signed by the parties to this Agreement, and attached to the original agreement.

1. SEVERABILITY

If any part of this Agreement is found to be null and void, or is otherwise stricken, the rest of this Agreement shall remain in force.

10. BREACH AND CANCELLATION

Pursuant to 20 C.F.R. § 603.lO(c), if AOE or VR or their contractors fails to comply with any provision of this Agreement required by 20 C.F.R. § 603.10, including timely payment of VDOL's costs billed to those parties who request or receive UC information, then this Agreement shall be suspended as it relates to that party, and further disclosure of information (including any disclosure being processed) to such party is prohibited, until VDOL is satisfied that corrective action has been taken. In the absence of prompt and satisfactory corrective action, this Agreement shall be canceled, and AOE or VR or their contractors shall surrender to VDOL all confidential UC information (and copies thereof) obtained under this Agreement that has not previously been returned to VDOL.

Pursuant to 20 C.F.R. § 603.I0(a), VDOL reserves the right to terminate this Agreement at any time, if VDOL determines that the safeguards in this Agreement are not adhered to by those parties who request or receive UC information.

In the event of a security breach for UC data held or transported by AOE or VR or their contractors, AOE or VR or their contractors shall comply with the State of Vermont's Security Breach Notice Act, 9 V.S.A. § 2430 and§ 2435, shall notify VDOL of the security breach as soon as possible, but no less than 10 business days of its discovery of that event, and shall reimburse VDOL for mitigation expenses related to that breach of security on the part of AOE or VR or their contractors.

In the case of any use or disclosure of data by VDOL that is not provided for by this Agreement, VDOL shall make a report to the AOE within 24 hours of the discovery of such unauthorized use or disclosure of data. In the event that such unauthorized use or disclosure does occur, VDOL shall take all reasonable steps to mitigate the unauthorized use or disclosure of data.

11. EFFECTIVE DATE

This Agreement shall be effective upon signature by the parties' authorized representatives.