Located in:
- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
e. Waiver Requests (optional) (e1-e6)
States wanting to request waivers as part of their title I-B Operational Plan must include a waiver plan that includes the following information for each waiver requested:
1. Identifies the statutory or regulatory requirements for which a waiver is requested and the goals that the State or local area, as appropriate, intends to achieve as a result of the waiver and how those goals relate to the Unified or Combined State Plan;
2. Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers;
3. Describes the goals of the waiver and the expected programmatic outcomes if the request is granted;
4. Describes how the waiver will align with the Department’s policy priorities, such as:
A. Supporting employer engagement;
B. Connecting education and training strategies;
C. Supporting work-based learning;
D. Improving job and career results, and
E. Other guidance issued by the department.
5. Describes the individuals affected by the waiver, including how the waiver will impact services for disadvantaged populations or individuals with multiple barriers to employment; and
6. Describes the processes used to:
A. Monitor the progress in implementing the waiver;
B. Provide notice to any local board affected by the waiver;
C. Provide any local board affected by the waiver an opportunity to comment on the request;
D. Ensure meaningful public comment, including comment by business and organized labor, on the waiver.
E. Collect and report information about waiver outcomes in the State’s WIOA Annual Report.
7. The Secretary may require that States provide the most recent data available about the outcomes of the existing waiver in cases where the State seeks renewal of a previously approved waiver.
Current Narrative:
Waiver Request #1: Eligible Training Provider List
(1) The State of Maryland is seeking a waiver from the requirements outlined in WIOA Sections 116(d)(4)(A) and (B) and 122(d)(2)(A) and 20 CFR 677.230(a)(4) and (5), which require the collection and reporting of performance-related data on all students participating in training programs listed on the ETPL. Under this waiver, Maryland will continue to collect and report performance data for all WIOA-funded participants in accordance with the above regulations.
Background
Following the passage of WIOA, Maryland began working towards the implementation of the ETPL and in October 2017, the State issued its WIOA Title I Training & Maryland’s Eligible Training Provider policy. MD Labor developed the document in collaboration with representative from Local Areas, community colleges, training providers, and the Maryland Higher Education Commission. The policy includes eligibility guidelines, the approval/denial process, and annual reporting requirements.
While Maryland is proud of its efforts to deliver training opportunities to jobseekers and bolster customer choice, the State has learned that data collection requirements often prohibit quality providers from joining or remaining on the ETPL. Training sites do not always have the manpower or time necessary to report on all served participants.
In relation to this Combined Plan, this waiver will allow training programs, community colleges, EARN Maryland providers, etc. to more easily engage in the State’s workforce system. This additional participation will produce long-term solutions to sustained skills gaps and personnel shortages.
(2) There are no known state or local statutory or regulatory barriers in Maryland related to implementing the requested waiver.
(3) The goals of the waiver and expected programmatic outcomes include:
- Addition of new providers to further diversify programing offerings;
- Increased competition among providers that may lead to a decrease in associated training costs;
- Enhanced partnerships between Maryland State agencies, Local Areas, and community colleges that will allow for better customer service outcomes;
- Flexibility in assisting training provider who might not otherwise consider inclusion on the ETPL; and
- Increased customer choice.
(4) This waiver requests supports Maryland’s policies and the Benchmarks of Success for Maryland’s Workforce System, the State’s strategic framework to build system-wide effectiveness around WIOA. The Benchmarks of Success are built around five major strategic goals:
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to employment;
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to and use of skills and credentialing;
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to and use of life management skills;
- Increase the earning capacity of Maryland’s workforce system customers by eliminating barriers to employment; and,
- Strengthen and enhance the effectiveness and efficiency of Maryland’s workforce system.
The ETPL is a useful tool in reaching these goals as it allows customers to make informed choices about training that lead to good-paying jobs and self-sufficiency.
(5) The waiver will benefit all populations, regardless of whether individuals are disadvantaged or have multiple barriers to employment, but providing the ability for the State to include a wider array of providers on the Maryland ETPL. Additionally, the waiver will ease performance-reporting burdens on providers like community colleges who often opt not to participate on the ETPL.
(6)
(A) MD Labor’s Office of Workforce Information and Performance will evaluate the
impact implementing the waiver has on Maryland’s objectives and strategic goals.
(B) Maryland’s 12 Local Areas contacted MD Labor Secretary
Tiffany Robinson in October 2019 requesting that the State consider including the ETPL waiver request in the WIOA State Plan. The Local Boards are aware of aware of this request and were provided a draft via the Maryland Workforce Association president (the Maryland Workforce Association is a network representing the State’s 12 Local Boards).
(C) and (D) All Local Boards, as well as workforce system stakeholders, constituents, and businesses were given an opportunity to provide feedback on this waiver request during a public comment period for the updated WIOA State Plan over two weeks in January and February 2020. Additionally, MD Labor Secretary Tiffany Robinson discussed the waiver request during the December 2019 meeting of the GWDB.
(E) Maryland will update its ETPL policy to reflect guidelines and processes for data collection. The WIOA Training Program Manager in MD Labor’s Office of Workforce Information and Performance will continue to request relevant items from training providers and outcomes will be included in the WIOA Annual Report.
Waiver Request #2: Out-of-School Youth Expenditures
(1) The State of Maryland is seeking a waiver from the requirements outlined in WIOA Section 129(a)(4) and 20 CFR 681.410 requiring that “not less than 75 percent of funds allotted under Section 127(b)(1)(c), reserved under Section 128(a), and available for statewide activities under subsection (b), and not less than 75 percent of funds available to Local Areas under subsection (c), shall be used to provide youth workforce investment activities for out-of-school youth.” Maryland requests that both the required state and local percentage for Out-of-School youth expenditures be lowered to 50 percent.
Background
Since the implementation of WIOA, Maryland’s Local Areas have reported that the restructuring of WIOA Title I youth programs has enabled them to provide more meaningful work experiences for youth. Local Plans adequately address the 14 required service elements of youth programming, but some Local Areas recognize the need to further invest in at-risk in-school youth. Additionally, Maryland’s diverse geographic makeup often makes engagement in more rural parts of the State a challenge.
Related to this Combined Plan, a waiver for the out-of-school youth expenditure would allow Maryland to build upon the successful AMP. In June 2018, MD Labor and MSDE announced the implementation of AMP as a new Career and Technology Education Program of Study. Because of combined efforts, 15 of Maryland’s 24 local school systems have adopted the model. Moving forward, members of the MD Labor Apprenticeship and Training Program and the MSDE’s Career and College Readiness teams continue to meet with officials at Maryland K-12 public schools systems that express interest in this youth apprenticeship model. An approved waiver may continue to bolster youth participation.
(2) There are no known state or local statutory or regulatory barriers in Maryland related to implementing the requested waiver.
(3) The goals of the waiver and expected programmatic outcomes include:
- Increased services to at-risk in-school youth throughout Maryland’s 12 Local Areas;
- Increased investment and participation in the AMP, the State’s initiative to connect 11th and 12th grade youth to Registered Apprenticeship and career pathway opportunities; and
- Enhanced partnerships with the State’s 24 local public school systems to ensure graduates are workforce-ready and prepared to meet the demands of local employers.
(4) This waiver requests supports Maryland’s policies and the Benchmarks of Success for Maryland’s Workforce System, the State’s strategic framework to build system-wide effectiveness around WIOA. The Benchmarks of Success are built around five major strategic goals:
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to employment;
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to and use of skills and credentialing;
- Increase the earning capacity of Maryland’s workforce system customers by maximizing access to and use of life management skills;
- Increase the earning capacity of Maryland’s workforce system customers by eliminating barriers to employment; and,
- Strengthen and enhance the effectiveness and efficiency of Maryland’s workforce system.
Additional support for in-school youth and at-risk in-school youth will provide for earlier interventions and seamless access to career pathways.
(5) The waiver will benefit all populations, regardless of whether individuals are disadvantaged or have multiple barriers to employment. It will especially benefit at-risk in-school youth.
(6)
(A) MD Labor’s Disability and Youth Services Coordinator and the Office of Workforce
Information and Performance will evaluate the impact implementing the waiver has on
Maryland’s objectives and strategic goals.
(B) Maryland’s 12 Local Areas contacted MD Labor Secretary
Tiffany Robinson in October 2019 requesting that the State consider including the youth expenditure waiver request in the WIOA State Plan. The Local Boards are aware of aware of this request and were provided a draft via the Maryland Workforce Association president (the Maryland Workforce Association is a network representing the State’s 12 Local Boards).
(C) and (D) All Local Boards, as well as workforce system stakeholders, constituents, and businesses were given an opportunity to provide feedback on this waiver request during a public comment period for the updated WIOA State Plan over two weeks in January and February 2020. Additionally, MD Labor Secretary Tiffany Robinson discussed the waiver request during the December 2019 meeting of the GWDB.
(E) The MD Labor Disability and Youth Services coordinator will stay abreast of waiver impact and all outcomes will be included in the WIOA Annual Report.
MD Labor submitted additional information on these waiver requests to the USDOL via email and is awaiting review.