reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.11 - LOCAL BOARD MEMBERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
The local board is appointed by the CEOs in each local area
				  every two years. All members must be individuals with optimum policy-making
				  authority within the entities they represent. An individual may be appointed as
				  a representative of more than one entity if the individual meets all the
				  criteria for representation; however, individuals representing more than one
				  category must have the optimum policy-making authority within each of the
				  entities they are representing. All required local board members must have
				  voting privileges. The CEO may convey voting privileges to non-required
				  members. The local board must elect a chairperson from among the business
				  representatives on the local board.
A.
				Representatives of business. The majority (fifty-one percent) of the members of
				the local board must be representatives of business in the local area. At a
				minimum, two members must represent small business as defined by the US small
				business administration. Business representatives serving on local boards may
				also serve on the state board. Each business representative must meet the
				following criteria:
(1) be an owner, chief
				executive officer, chief operating officer, or other individual with optimum
				policymaking or hiring authority;
(2) provide employment opportunities in
				in-demand industry sectors or occupations, as those terms are defined in WIOA
				section 3, and provide high-quality, work-relevant training and development
				opportunities to its workforce or to the workforce of others; and
(3) are appointed from among individuals
				nominated by local business organizations and business trade
				associations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.12 - LOCAL BOARD ROLES AND RESPONSIBLITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The local board must perform the following functions per
				  WIOA section 107 and must describe the implementation of these functions in the
				  agreement with its CEOs, including:
A.
				develop and submit a four-year local plan for the local area, in partnership
				with the CEO per WIOA section 108;
B. conduct workforce research and regional
				labor market analysis to include:
(1)
				analyses and regular updates of economic conditions, needed knowledge and
				skills, workforce and workforce development, including:
(a) education and training
				activities;
(b) strengths and
				weaknesses; and
(c) the capacity to
				provide services to address the identified education and skill needs of the
				workforce and the employment needs of employers.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.13 - BYLAWS

Current through Register Vol. 35, No. 13, July 16, 2024
The local board must establish bylaws that include, at a
				  minimum, the following sections:
A.
				Establishment. Acknowledge that the local board is established in accordance
				with WIOA section 107;
B. Name.
				Identify the name of the local board.
C. Purpose. Acknowledge the establishment of
				the local board consistent with WIOA sections 107;
D. Duties and responsibilities. Acknowledge
				the duties and responsibilities as outlined in WIOA and in the partnership
				agreement between the CEOs and the local board.
E. Membership. Include a description of
				membership as outlined in WIOA section 107 and in the CEO agreement, as
				required by this rule.
F. Local
				board chair election. Describe the process used to elect a local board chair,
				including term details.
G. Election
				of officers. Outline officer positions, the process used to elect officers,
				officer terms, removal of officers, and specific officer roles and
				responsibilities.
H. Meetings.
(1) Information on how often local board and
				committee meetings will be held.
(2) Acknowledgement of open meeting
				requirements and compliance.
(3)
				Description of the process of announcing regular and special
				meetings.
(4) Acknowledgement that
				a quorum shall consist of at least a simple majority of the currently appointed
				membership.
(5) Clarification as to
				whether phone and web-based meetings will be permitted.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.14 - LOCAL BOARD CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Initial certification. DWS must certify the composition of each local board in
				the state.
B. Subsequent
				certification. Upon completion of initial certification, DWS must recertify
				local boards every two years.
C.
				Certification criteria.
(1) Initial
				certification criteria. Initial certification shall be based on criteria
				established under WIOA section 107, including compliance with membership,
				appointment process, chairmanship, and standing committee
				requirements.
(2) Subsequent
				certification criteria. Subsequent certification shall be based on the initial
				certification criteria, as well as the extent to which the local board has
				ensured that workforce investment activities carried out in the local area have
				enabled the local area to meet the corresponding performance accountability
				measures and achieved sustained fiscal integrity, as defined in WIOA section
				106, and as outlined in the local board grant agreement.
(a) If a local board meets all membership
				requirements, but fails to meet performance measures and outcomes,
				certification will be granted for only a one-year review period, instead of a
				two-year period.
(b) At the end of
				the one-year review period, the recertification process will be repeated with
				an updated review of performance and membership composition. If this review
				shows the local board is meeting all performance measures and outcomes, a
				two-year certification will be granted.
(c) During the two-year certification period,
				if more than ten percent of the local board membership is removed for cause, a
				recertification shall occur to ensure membership compliance and board
				stability.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.15 - Planning Regions

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Background
(1) WIOA envisions a
				workforce development system that is customer-focused on both the job seeker
				and business, and is able to anticipate and respond to the needs of regional
				economies. Strong collaboration among government, local employers and industry,
				training providers and educational institutions, service and advocacy
				organizations, philanthropy and other local organizations is often needed to
				support and deliver effective workforce services. It requires Chief Elected
				Officials (CEOs) and local workforce development boards (LWDB) to design and
				govern the system regionally, to align workforce policies and services with
				regional economies, and to support service delivery strategies tailored to
				these needs. To support this regional approach, WIOA requires States to
				identify planning regions. Per section 106 (a)(2) of WIOA, the State shall
				identify:
(a) which regions are comprised of
				one local workforce development area (local area) that is aligned with the
				region;
(b) which regions are
				comprised of two or more local areas that are collectively aligned with the
				planning region; and
(c) which, of
				the planning regions, are interstate areas contained within two or more states,
				and consist of labor market areas, economic development areas, or other
				appropriate contiguous sub-areas of those States.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE › Section 11.2.4.16 - DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
State board chair, DWS/state administrative entity, local
				  board chairs, local administrative entities, local board sub-recipients,
				  DWS/state administrative legal counsel, United States department of labor
				  employment and training administration federal representative, and the New
				  Mexico commission on public records.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions
				  (DWS)
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide guidance to local boards and one-stop partners and
				  operators regarding required and appropriate partnering strategies within the
				  one-stop delivery system.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.8 - DESCRIPTION OF THE ONE-STOP SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.10 - MEMORANDUM OF UNDERSTANDING (MOU)

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.11 - ONE-STOP OPERATING COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.12 - ONE-STOP OPERATORS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.13 - ONE-STOP CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.14 - COMMON IDENTIFIER

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.15 - DWS RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.16 - COMMON INFORMATON AND MANAGEMENT SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 5 - WORKFORCE INNOVATION AND OPPORTUNITY ACT ONE STOP SYSTEM AND PARTNERSHIPS › Section 11.2.5.17 - DISTRIBUTION

Current through Register Vol. 35, No. 13, July 16, 2024
State board chair, DWS/state administrative entity, local
				  board chairs, local administrative entities, local board sub-recipients,
				  DWS/state administrative legal counsel, United States department of labor
				  employment and training administration federal representative, and, the New
				  Mexico commission on public records.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions
				  (DWS)
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Title I of the Workforce Innovation and Opportunity Act
				  (WIOA), 29 U.S.C. Chapter 32, Subchapter I; and NMSA 1978 50-14-1
et
				  seq.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2018, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide guidance to local boards and other WIOA
				  sub-recipients regarding the appropriate selection of service providers,
				  participant eligibility, provision of career and training services for eligible
				  adults, dislocated workers, and youth, appropriate use of training accounts,
				  provisions of work-based training, incumbent worker training, supportive
				  services, priority of service, co-enrollment and performance.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.8 - SELECTION OF SERVICE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
Local boards must select the following providers in the
				  local area, and where appropriate, terminate such providers in accordance with
				  Section 2 CFR 200:
A.
Providers
				of youth services.
Providers of youth workforce investment activities
				through competitive grants or contracts based on the recommendations of the
				youth standing committee (if such committee is established), in accordance with
				WIOA Section 107(d)(10)(E), and local area grant agreements. The local board
				may implement a WIOA pay-for-performance contract strategy for youth program
				elements described in
				20
				CFR 681.460, for which the local board may
				reserve and use not more than ten percent of the total funds allocated to the
				local area under WIOA Section 128(b).
B.
Providers of adult and dislocated
				worker services.
Providers of WIOA Title I adult and dislocated worker
				career services through the award of contracts in accordance with local board
				grant agreements.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.9 - ELIGIBILE TRAINING PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
DWS, in partnership with local boards, identifies eligible
				  training providers and programs that are qualified to receive WIOA Title I-B
				  funds to train adults, dislocated workers and out-of-school youth ages 16-24,
				  including those with disabilities. DWS administers and provides access to the
				  eligible training provider list in accordance with WIOA Sections 116, 122, and
				  134, and Sections
				  20
				  CFR 677.230, 679.370-380, 680.400-530, and
				  683.630.
				  This state-approved list identifies appropriate providers and programs for
				  eligible WIOA participants in the local areas who are seeking training, as well
				  as cost and program performance information for each of the providers'
				  programs, to allow participants to make informed consumer choices. DWS
				  administers the application procedure for training providers and programs to
				  maintain their eligibility.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.10 - WIOA PARTICIPANT ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Local boards are required to establish and formally approve a
				  local policy for making eligibility determinations for the three WIOA finding
				  streams under Title I - adult, dislocated worker, and youth. Local board policy
				  must also include guidance on the use of self-attestation as a last resort when
				  other documentation cannot be found or accessed.
A.
Adult and dislocated worker
				eligibility.
Eligibility criteria vary according to each type of career
				or training service, in accordance with Sections
				20
				CFR 680.120,
				680.130,
				and
				680.210.
(1) To be eligible to receive career services
				as an adult in the adult and dislocated worker programs, an individual must be
				18 years of age or older, and meet the criteria of Section 680.120.
(2) To be eligible for any dislocated worker
				program, an eligible adult must meet the criteria of section
				20
				CFR 680.130.
(3) Eligibility criteria for training
				services are found at Sections
				20 CFR
				680.210 and
				680.220.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.11 - ADULT AND DISLOCATED WORKER SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
WIOA Title I formula funds allocated to local areas for
				  adults and dislocated workers must be used to provide career and training
				  services through the one-stop delivery system, in accordance with Section 20
				  CFR 680.
A.
Career
				services.
Career services consist of three categories, including basic
				career services, individualized career services, and follow-up services. Local
				boards determine the mix of these services but both types must be available for
				eligible adults and dislocated workers. Requirements on who may provide career
				services for adults and dislocated workers and how those services are to be
				provided are located in Section
				20 CFR
				680.160.
(1)
Basic career services
. At a
				minimum, all of the basis career services described in WIOA Sections
				134(c)(2)(A)(i)-(ix) and
				20 CFR
				678.430(a) must be provided
				in each local area through the one-stop delivery system.
(2)
Individualized career
				services.
Individualized career services described in WIOA Section
				134(c)(2)(A)(xii) and Section
				20 CFR
				678.430(b) must be made
				available, if determined appropriate in order for an individual to obtain or
				retain employment.
(3)
Follow-up services.
Follow-up services, as described in WIOA
				Sections 134(c)(2)(A)(xiii) and
				20 CFR
				678.430(c) must be made
				available, as determined appropriate by the local board for a minimum of 12
				months following the first day of employment, to participants who are placed in
				unsubsidized employment.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.12 - PRIORITY AND SPECIAL POPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
According to WIOA Section 134(c)(3)(E), local boards must
				  establish a policy with criteria by which the workforce connection center will
				  apply the priority of service in assisting individuals. Requirements governing
				  priority of service, including the order in which priority is given, are locate
				  in Sections 20 CFR 680.600-660, local board grant agreements and the WIOA state
				  plan.
A. Priority for individualized
				career services and training services funded with WIOA Title I adult funds must
				be given to recipients of public assistance, other low-income individuals, and
				individuals who are basic skills deficient in the local area.
B. Veterans, as defined under WIOA Section
				(3)(63) and
				38
				USC 101, and eligible spouses receive
				priority of service in all US department of labor-funded training programs, in
				accordance with Sections 20 CFR 680.650-660.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.13 - YOUTH SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Youth program design.
Section
				20
				CFR 681.420 describes the design framework
				services of local youth programs that must be met, including but not limited
				to, objective assessments, individual service strategies, case management,
				local plan content requirements, linkages to appropriate entities, and referral
				requirements. Program design requirements are also agreed to in the local board
				grant agreements. Local youth programs must provide services to a participant
				for the amount of time necessary to ensure successful preparation to enter
				postsecondary education or unsubsidized employment. Programs must link
				participation to the individual service strategy and not the timing of youth
				service provider contracts or program years.
B.
Youth elements.
Local
				programs must make each of the 14 youth services available to youth
				participants as described in Section CFR 681.460, which include:
(1) tutoring, study skills training,
				instruction and evidence-based dropout prevention and recovery strategies that
				lead to completion of the requirements for a secondary school diploma or its
				recognized equivalent or for a recognized postsecondary credential;
(2) alternative secondary school services, or
				dropout recovery services;
(3) paid
				and unpaid work experiences that have as a component academic and occupational
				educational;
(4) occupational
				skills training;
(5) education
				offered concurrently with and in the same context as workforce preparation
				activities and training for specific occupational cluster;
(6) leadership developmental
				opportunities;
(7) supportive
				services;
(8) adult
				mentoring;
(9) follow-up
				services;
(10) comprehensive
				guidance and counseling;
(11)
				financial literacy education;
(12)
				entrepreneurial skills training;
(13) services that provide labor market and
				employment information about in demand industry sectors or occupations
				available in the local area; and
(14) activities that help youth prepare for
				and transition to postsecondary education and training.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.14 - INDIVIDUAL TRAINING ACCOUNTS (ITAs)

Current through Register Vol. 35, No. 13, July 16, 2024
Training services for eligible individuals are typically
				  provided by training providers who receive payment for their services through
				  an ITA. The criteria for establishing an ITA, including how these services are
				  provided, limitations on the duration and amounts of ITAs, under what
				  circumstances mechanisms other than ITAs may be used to provide training,
				  coordination of ITAs with grant assistance, the appropriate use of ITAs and
				  supportive services related to registered apprenticeships, and requirements
				  around consumer choice and in-demand occupations, are located in Section 20 CFR
				  680.300-330, and further discussed in federal and state technical assistance
				  guidance. Additionally, WIOA ITAs are allowable for out-of-school youth, ages
				  16-24 using WIOA youth funds when appropriate, to enhance individual
				  participant choice in their education and training plans and provide
				  flexibility to service providers. Local boards must establish a policy on the
				  use of ITAs based on the criteria in state technical assistance guidance.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.15 - SUPPORTIVE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Local boards, in consultation with the one-stop partners and
				  other community service providers, must develop policies on supportive
				  services, payments, and other compensation that ensures resource and service
				  coordination in the local area for participating youth, adults, and dislocated
				  workers. The supportive service policies, at a minimum, must address the
				  following in accordance with 20 CFR 680, subpart G:
A. coordination with partners and other
				entities to ensure non-duplication of resources and services;
B. define the types of WIOA-funded supportive
				services that may be made available to eligible participants;
C. establish or provide the workforce
				connection centers with the authority to establish limits on the amount and
				duration of funding to be made available for participants, including any
				procedures for granting exceptions to these limits;
D. provision of needs-related payments, which
				may only be provided to participants enrolled in training, requires
				verification of any unemployment insurance claim and benefits status, and must
				adhere to the requirements of Section 20 CFR 680.930-970, and federal and state
				technical assistance guidance; and
E. procedures for referral to supportive
				services, including how they will be funded and what documentation will be
				required to indicate no other resources are available. The need for supportive
				services must be documented in the individual employment plan or individual
				service strategy prior to the provision of WIOA-funded supportive
				services.
F. Awards of incentives
				to youth, in accordance with Sections
				20 CFR
				681.640 and 20 CFR part 200, for recognition
				and achievement directly tied to training activities and work experiences, as
				well as to the goals of the specific program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 8 - WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) TITLE I, ADULT, DISLOCATED WORKER, AND YOUTH PROGRAM SERVICE DELIVERY › Section 11.2.8.16 - CO-ENROLLMENT AND COORDINATED SERVICE DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
WIOA provides a significant opportunity for coordination
				  across all of the core programs, and any coordination or co-enrollment
				  activities must adhere to the service delivery provisions of federal
				  regulations, Sections 20 CFR 651, 652, 653, 358, and 680.
A.
Coordination between adult
				dislocated worker and youth programs.
Individuals aged 18-24 may be
				eligible for both the WIOA youth and adult programs and can be co-enrolled in
				the two programs.
B.
Coordination with Wagner-Peyser employment services.
Universal
				access to basic career services must be achieved through close integration of
				Wagoner-Peyser, WIOA programs, and other partners in the New Mexico workforce
				connection centers. Basic career services offered by the WIOA programs must be
				made available by the Wagoner-Peyser program in coordination with other
				workforce connection center partners.
C.
Coordination with adult education.
Individuals who meet the respective program eligibility requirements for
				WIOA youth Title I and Title II may participate in Title I and Title II
				concurrently. WIOA Sections 134(c)(2) authorizes career services to be provided
				with Title I adult and dislocated worker funds.
D.
Coordination with vocational
				rehabilitation.
Individuals with disabilities are identified as
				individuals with barriers to employment under WIOA, and should be able to
				access all workforce connection center services. Funds allocated to a local
				area for adult and dislocated worker activities may be used to improve
				coordination between employment and training programs carried out in the local
				area for individuals with disabilities through the workforce connection
				centers.
E.
Coordination with
				trade adjustment assistance (TAA).
TAA eligible workers can be
				co-enrolled with the WIOA dislocated worker or adult programs to allow for the
				timely provision of individualized services through the workforce connection
				center network. The Trade Act, as amended, contains provisions allowing the
				costs of a training program approved under the Trade Adjustment Act to be paid
				by TAA funds or from other sources, but does not allow duplication of payment
				in training costs. Those authorities and restrictions are governed by Section
				20 CFR
				617.25(b).