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11.11 Determining and Addressing At-risk Performance

11.11 Determining and Addressing At-risk Performance1

Effective date: August 7, 2017

Revised date: March 3, 2022

States must address Title 1 program state and local area performance levels that are considered "At-risk". Performance levels are considered "At-risk" when a primary indicator of performance is not met. The primary indicator of performance will be considered to have "not met" performance if the individual indicator score is less than 50%.

"At-risk" local areas will be subject to the sanctions as described in WIOA sec. 116(g).

Sanctions for local area failure to meet local performance accountability measures.

  • Technical Assistance. If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan or the development of a modified local plan (or regional plan).
  • Corrective Actions.
    • In General. If such failure continues for a third consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor shall
      • require the appointment and certification of a new local board, consistent with the criteria established under section 107(b);
      • prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or
      • take such other significant actions as the Governor determines are appropriate.
    • Appeal By Local Area.
      • Appeal To Governor. The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal.
      • Subsequent Action. The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to the preceding clause, appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal.
    • Effective Date. The decision made by the Governor under subparagraph (Appeal to Governor) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (Subsequent Action).