§463.220. Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?
34 C.F.R. § 463.220
If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 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.
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.
A State must establish the adjusted level of performance for a local area, using the statistical adjustment model described in § 463.170(c).
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.
The technical assistance may include:
Assistance in the development of a performance improvement plan;
The development of a modified local or regional plan; or
Other actions designed to assist the local area in improving performance.
If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 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:
Requires the appointment and certification of a new Local WDB, consistent with the criteria established under 20 CFR 679.350;
Prohibits the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or
Takes such other significant actions as the Governor determines are appropriate.
Notes, amendments, and revision history
Authority
Authority: Secs. 116, 189, and 503 of Pub. L. 113-128, 128 Stat. 1425 (Jul. 22, 2014).
Source
Source: 81 FR 56051, Aug. 19, 2016, unless otherwise noted.
Authority
Authority: 29 U.S.C. 102 and 103, unless otherwise noted.
Source
Source: 81 FR 55553, Aug. 19, 2016, unless otherwise noted.