Policy Issuances Questions and Answers
[Q&A Policy Issuances] [Q&A Information Issuances]
 
Q & A Policy Issuance 04-32
Fiscal Year 2005 Local Annual Workforce Development Business Plan Guidance
 
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Budget
Q Current WIA regulations dictate that program accruals, expenditures and obligations must total 80% of the program portion of the allocation after the first twelve months of operation. Does the 80% requirement also apply to WIA 173(e) funds as well?
A Yes, accruals, expenditures and obligations must total 80% of the program portion of the allocation after the first twelve months.
   
Q WIA Title I Dislocated Worker grants are two-year allocations. Does this same two-year period also apply to WIA 173(e) allocations as well?
A Yes, the same two-year period applies to WIA 173(e) funds.
   
Q Can FY 2004 Wagner-Peyser (ES) funds be carried into FY 2005?
A No (see revision below)
In accordance with WIA Communication 04-55 the carry-in of FY2004 ES funds is allowed.
   
Q If a move planned for FY 2004 will not take place in’04, can the ES funds budgeted for this move be carried into FY 2005 to pay for the move then?  If the ES budgeted funds are not expended in FY 2004 will they be lost?
A Allocated FY 2004 funds not expended during the current fiscal year can not be carried into FY 2005.(see revision below)
In accordance with WIA Communication 04-55 the carry-in of FY2004 ES funds is allowed.
   
Q Much of local lag is generated from unfilled DCS positions, is anything being done to make the DCS hiring process more efficient and timely?   This is a performance issue?
A DCS is giving priority status to the resolution of hiring issues.
   
Q Can FY 2005 Wagner-Peyser (ES) funds be carried into FY 2006?
A Yes
   
Q Will there be a limit as to the amount of FY 2005 ES funds carried into FY 2006?
A There will be no cap
   
Q Why is it necessary to increase the portion of ES 90 percent funds retained at the state level for FY 2005?
A Costs associated with the restructuring of DET into two distinct agencies with a shared infrastructure group along with increased state overhead, fringe, indirect and related charges and the on-going upgrade and maintenance of MOSES require additional financial resources that continue to challenge traditional distribution formulae.  New financial reporting tools currently being developed will improve the capacity of State and local managers to track costs
   
Q Will the “backup” percentages used to determine the local allocation of Wagner-Peyser funds for FY 2005 be issued or made available to the field?
A Yes, the methodology followed in determining local allocations will be made available.
   
Q Can the VETs portion of premises costs be charged against the VETs grant?
A Use of VETs Grant funds to cover premises costs is not an allowable DVOP/LVER support expenditure as delineated in Chapter 41 Title 38 U.S.C., as amended.
   
Q Why will DCS retain the share of premises costs for DCS/DUA owned or leased buildings that are to be covered by DCS administered funding sources instead of billing the local area for the full premises cost?  Since WIA Title I, Wagner-Peyser and other DCS administered funds constitute only a “portion” of the overall funding sources used to cover local premises costs DCS will still have to bill the local area, so why retain the DCS administered funds….it will not eliminate DCS’s need to bill for  premises costs?
A It makes little fiscal sense to disburse DCS-administered fund source revenue to the field, only to have DCS bill the field to retrieve these same funds, particularly when DCS is permitted to retain allocated ES funds for this same purpose.  Historically, some local areas have not provided funds as needed to meet the timing of State automatic loan payment schedules even when billing has occurred.  The continued need to bill local areas for funding from non-major grant sources is one, but not the only factor that must be considered when determining the system to be followed to assure timely adherence to  State payment obligations.  If the local cost allocation methodology must be used to budget the ES share of the lease cost that the LWIB then directs DCS to retain, then the same process should work for the identification and DCS retention of WIA funds.  Any reallocation of funds can be addressed through a simplified re-designation process that might affect use of ES funds as well.
   
Q Will WIA Title I funds be available to the field on July 1st?
A Funding contracts will be in place for July 1st.  Local areas will be informed as soon as Federal information regarding available FY 2005 cash is provided to the State.
   
Q How may 173(e) funds be used?
A They are to be used in compliance with existing dislocated worker regulations and only for providing services to dislocated workers.
   
Q What are the reporting requirements for 173(e) funds?
A TEGL 20-03 only references financial reporting requirements.  It states however, that detailed reporting instructions will be included as part of the Federal grant award document.
   
Q Can the Workforce Training Fund allocation for WIB support be contracted directly to the WIBs?
A Yes.  It is intended that the local area’s response to Question 1(e) in the plan narrative will serve as the required Scope of Work for a direct contract with a local WIB for use of the WTF funds.  Therefore a full, detailed description of how the local area intends to use its allocation of Workforce Training Funds must be submitted in the response to Question 1(e).
   
Q May a competitive area choose not to take employee “support” funds because it prefers that the state cover those costs?
A The employee support package is specific to the support of DCS employees.  It is not an option that is available to support competitive area, non-DCS employees.
   
Q The FY ‘04 Budget form included a line entitled “Capital Exp – FY 2005”.  It has been eliminated in the FY 2005 WIB Business Plan Budget form.  If a local area plan for FY ’04 reflected capital expenditures for FY ’05, will the use of those planned ’04 funds in FY 2005 be allowed, despite the announced policy of no “carry-in” for FY ‘05?
A No…..allocated FY 2004 funds not expended during the current fiscal year are not exempt from the ES carryout prohibition. (see revision below)
In accordance with WIA Communication 04-55 the carry-in of FY2004 ES funds is allowed.
   
Q How should an area account for other funding sources contributing to local workforce development services that are not currently included in the Annual Workforce Development Business Plan Budget form?
A Local planners may use additional WIB Annual Business Plan spreadsheet pages to account for “other” program funding sources utilized by their area (such as Rapid Response, MRC, etc.).
   
Q Do Summer Employment program costs have to be reported separately?
A Yes, they must be reported separately. CommCorp will provide additional information as to what specifically constitutes “summer employment” costs.
   
Q How are Youth “program” and “administration” costs differentiated?
A CommCorp will provide additional information regarding the differentiation between Youth “program” and “administration” costs.
   
Q How can 173(e) funds be used?
A The 173(e) funds are National Emergency Grant funds.  Per statute, a state must distribute these funds based on either the federal formula methodology for distributing Adult Title I funds [§133 (b)(i)(2)(A)] or for distributing Dislocated Worker funds [§133 (b)(ii)(2)(B)].  For FY 2005, the Commonwealth chose to distribute its 173(e) allotment following the Dislocated Worker formula which was determined to provide the most equitable statewide distribution.   
Once a state chooses the methodology to distribute the 173(e) funds, the FY 1999 Appropriations Act on WIA §173(e) Additional Assistance, §(4)(B) clearly states that the funds should be used “in the same manner as the State uses other funds allocated under the appropriate paragraph of §133(b).”  Therefore, for FY 2005 the local allocation of
173(e) funds will be used in the same manner as Dislocated Worker funds.  

Since the 173(e) funds are from the National Emergency Reserve funds, they are not “transferable” with Adult funds as they are not Title I funds.
   
Q Must the local allocation of 173(e) be included in the integrated budget?
A Yes, the 173(e) funds need to be included in the integrated budget.  It was an oversight that a column heading for the funds was not included on the FY 2005 Annual Workforce Investment Area Business Plan Budget form.  Local planners must either add a column or use the “Other” column for these funds (only).  The 173(e) funds must be used in the same manner as the local allocation of Title I Dislocated Worker funds.  They are not, however, “transferable” with Title I Adult funds.
   
Q How must the use of 173(e) funds be reported?
A According to Training and Employment Guidance Letter (TEGL) 20-03, the local allotment of 173(e) grant funds must be reported separately.  Specific reporting instructions were not included in the TEGL but will be provided in the grant award document.  The Commonwealth has not yet received the grant award document.  Upon receipt of the document, local areas will be instructed as to the specific reporting requirements.
   
Forms & Signatures
Q Are all the signature entries on the “Signature Page” required?
A All designated signatures included on the FY 2005 Annual Workforce Development Business Plan Signature Page are required by the Commonwealth.  To limit the potential issues of timely signature by all parties, individual copies of the Signature Page may be forwarded to each signatory and then collated for submission with the Business Plan.
   
Misc
Q If a local area’s Labor Market conditions have not changed appreciably from last year, may the local area submit a “No Change” response to the Part II Labor Market Analysis section of the local plan?
A A “No Change” response for the FY 2005 Labor Market Analysis section of the plan, or for any part of the local plan is not acceptable.
   
Q What is the status of career center “evening” hours for FY 2005?
A For FY 2005, career centers will no longer be required to schedule “extended” operating hours for two evenings each week that are in addition to their regular, full time business hours.   However, to provide flexibility and to promote greater customer access, career centers will be required to implement, as part of their regular, full time business hours a schedule that includes either one evening or a Saturday morning each week.  Because the FY 2005 hours of operation schedule will not require any business hours “above and beyond” the regular, full time schedule no additional financial resources beyond the regular local allocation are available to support each center’s chosen hours of operation.
   
Q Is the DCS “MOU” included as part of the “Annual Local Workforce Development Business Plan”?
A Yes.
   
Q When will the plan go to the Governor?
A The Department of Workforce Development is designated by the Governor to review and approve the local plans consistent with requirements of the Workforce Investment Act.  Submission of the Local FY 2005 Annual Workforce Development Business Plan to the Division of Career Services constitutes submission to DWD and satisfies the requirement to submit local plans to the Governor for review and approval.
   
Q Given that completed plans are due on June 10th, how do local areas meet the 30-day comment period requirement?
A Submitting a detailed Executive Summary of the local plan for public comment will satisfy the requirement.
   
Narrative
Q Can a local area provide services to youth who are not eligible under WIA Title I?
A Local areas may not utilize WIA title I funds to provide services to non-WIA eligible Title I youth.
   
Performance Measures
Q Regarding data included in the Performance Charts, are “individuals” or “transactions” being counted?
A The performance data included in the planning package charts is a count of “Individuals”.  It should be noted that in terms of reporting service activity for individuals, if an individual has been served at two (or more) centers, the individual is counted in both (all) centers’ statistics for “career center” level reports, but counted only once in the roll-up to the “area” level performance.
   
Q The March 31st data for the number of employer customers appears incorrect and appears to be a “cumulative” problem.  Can this be checked and corrected, if necessary?
A The data will be reviewed and corrected, if necessary, in the official posting of the WIA Issuance?
   
Q The field has traditionally received a 3rd Qtr. report of WIA Title I customer “characteristics” for use in annual planning, will we receive a “characteristics” report for ’05 planning?
A DCS will distribute the 3rd Qtr. Title I and Title III Participant Summary report within 30 days of the end of the quarter.
   
Q The Employer Services section of the March 2004 OSCCAR shows incorrect numbers for “New to Career Center” and “Repeat” employers.  What should I use for the historical information that is needed in the “July-June FY2004” column of Chart 1: FY2005 Labor Exchange Program and Performance Summary for OSCCs?
A At the April 22 Performance Management meeting in Marlboro we discussed the errors in the counts of “New to Career Center” and “Repeat” employers in March 2004 OSCCAR reports.  At that time we indicated that those two items could be left blank in the FY2004 column, or that accurate numbers developed at the local level could be used in the FY2004 column.  Since the meeting the errors have been corrected and accurate numbers should appear on the April 2004 OSCCAR.  The April numbers may also be used in Chart 1.  To summarize, these are the three alternatives that local planners may use to complete the historical data in the rows “New to Career Center” and “Repeat” employers in the FY2004 column of Chart 1: FY2005 Labor Exchange Program and Performance Summary for OSCCs:

Leave the “New to CC” and “Repeat” cells blank or enter n/a; or
Enter the “New to CC” and “Repeat” data based on local estimates; or
Enter the “New to CC” and “Repeat” data from the April 2004 OSCCAR.

Please note that plan approvals will not be affected by the choice of or lack of entries “New to CC” and “Repeat” in the FY2004 column of Chart 1.