---
kind: "section"
citation: "34 C.F.R. § 361.220"
title: "34"
number: "361.220"
heading: "Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?"
url: "https://uscodex.org/cfr/34/361.220"
---

# §361.220. Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?

- (a) If a local area fails to meet the adjusted levels of performance agreed to under [§ 361.210](/cfr/34/361.210.md) for the primary indicators of performance in the adult, dislocated worker, and youth programs authorized under WIOA title I in any program year, technical assistance must be provided by the Governor or, upon the Governor's request, by the Secretary of Labor.
  - (1) A State must establish the threshold for failure to meet adjusted levels of performance for a local area before coming to agreement on the negotiated levels of performance for the local area.
    - (i) A State must establish the adjusted level of performance for a local area, using the statistical adjustment model described in [§ 361.170(c)](/cfr/34/361.170.md?p=c).
    - (ii) At least 2 years of complete data on any indicator for any local core program are required in order to establish adjusted levels of performance for a local area.
  - (2) The technical assistance may include:
    - (i) Assistance in the development of a performance improvement plan;
    - (ii) The development of a modified local or regional plan; or
    - (iii) **Other actions designed to assist the local area in improving performance.**
- (b) If a local area fails to meet the adjusted levels of performance agreed to under [§ 361.210](/cfr/34/361.210.md) for the same primary indicators of performance for the same core program authorized under WIOA title I for a third consecutive program year, the Governor must take corrective actions. The corrective actions must include the development of a reorganization plan under which the Governor:
  - (1) Requires the appointment and certification of a new Local WDB, consistent with the criteria established under [20 CFR 679.350](/cfr/20/679.350.md);
  - (2) Prohibits the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or
  - (3) **Takes such other significant actions as the Governor determines are appropriate.**

## Notes

### Authority

Authority: Secs. 116, 189, and 503 of Pub. L. 113-128, 128 Stat. 1425 (Jul. 22, 2014).

### Source

Source: 81 FR 56026, Aug. 19, 2016, unless otherwise noted.

### Authority

Authority: Section 12(c) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c); Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

### Source

Source: 81 FR 55741, Aug. 19, 2016, unless otherwise noted.