New Mexico Register / Volume XVI, Number 24 / December
30, 2005
TITLE 11 LABOR AND WORKERS’ COMPENSATION
CHAPTER 2 JOB TRAINING
PART 22 WORKFORCE INVESTMENT ACT (WIA) PROGRAMS OF DEMONSTRATED
EFFECTIVENESS
11.2.22.1 ISSUING AGENCY: The New Mexico
Office of Workforce Training and Development (OWTD).
[11.2.22.1 NMAC - N,
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11.2.22.2 SCOPE: The Workforce
Investment Act (WIA) state administrative entity (SAE), state workforce development board (SWDB), local workforce development boards (LWDBs), and all SAE WIA subrecipients.
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11.2.22.3 STATUTORY AUTHORITY: Workforce Development Act, Chapter 50,
Article 14, NMSA 1978
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11.2.22.4 DURATION: Permanent.
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11.2.22.5 EFFECTIVE DATE: December 31,
2005, unless a later date is cited at the end of a section.
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11.2.22.6 OBJECTIVE: Occupational training
for “low income individuals” that face multiple barriers to employment may be
provided through a contract directly with a community-based organization or
other private organization, which has an established program of demonstrated
effectiveness in serving these special participant populations. These occupational training contracts may be
used in lieu of an individual training account.
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11.2.22.7 DEFINITIONS: [RESERVED]
11.2.22.8 ACTION: References
include the following: Public Law
105-220, Workforce Investment Act (WIA), Section 101
(25), Section 134 (d) (4) (G), and 20 CFR Part 652,
et al., Section 663.430.
A. When
a local workforce development board (LWDB) determines
there is a training services program of demonstrated effectiveness offered in
the area by a community-based organization or other organization that serves
special participant populations who face multiple barriers to employment, the LWDB may contract for occupational training services. Procurement of the contract is conducted
through non-competitive negotiations.
Documentation detailing how the price was derived must be developed and maintained.
B. Criteria to be used by the LWDB to determine demonstrated effectiveness may include
the following:
(1) financial
stability of the organization;
(2) demonstrated performance in delivery of
services to hard-to-serve populations such as: a) program completion rates; b)
attainment of skills; c) certificates or degrees; d) placement in unsubsidized
employment; and
(3) how the program
relates to workforce needs identified in the local five-year plan.
C. LWDBs shall ensure that programs:
(1) are comprehensive
in nature;
(2) are geared to
occupations in demand in the local area or area where the participant is
willing to relocate;
(3) evaluate the participant’s specific
barriers to employment;
(4) access client
skill levels and develop appropriate employability development plans;
(5) result in employment;
(6) provide
assistance at the end of training; and
(7) provide a
credential upon successful completion of the program; credentials must meet the
employability development plan requirements such as: a certificate,
certification of completion, diploma, license, or degree.
D. LWDBs shall ensure that their training contracts for programs
of demonstrated effectiveness include, at a minimum, the following contract
elements:
(1)
job description (use of O Net
[http://online.onetcenter.org]), training outline or curriculum, including
provision for any required classroom/adult basic education/or vocational
training as established by the needs assessment;
(2) participant
hourly wage rate and allowable training hours (work zones as noted on O Net);
(3) provision for wage increases based upon
successful achievement of training goals as provided to other similar
employees, if applicable;
(4) provision for
assurances not to reduce wage rates after completion of training contract;
(5) agreement on the
maximum amount of reimbursement and/or allowable costs of training;
(6) provisions for
participant time off, if necessary, to attend WIA
sponsored meetings, workshops, classes or other events;
(7) duration of
contract;
(8) a provision for recoupment of overpayments;
(9) a provision for
termination due to lack of funds or lack of participant attendance or
unsatisfactory progress;
(10) a provision
allowing for LWDBs or their designee, state and
federal staff monitoring and review of training records;
(11) a provision for
meeting record retention requirement;
(12) employer
requirement to maintain attendance and payroll records to support requests for
reimbursement;
(13) provision for the
submittal of participant
reimbursement/progress evaluations on a timely basis;
(14) state taxpayer
identification numbers for payment of state gross receipts tax and unemployment
compensation tax;
(15) workers’
compensation coverage, if applicable;
(16) a provision for
equal employment opportunity;
(17) a provision for a
drug-free workplace;
(18) a provision for
debarment and suspension, where applicable; and
(19) other
provisions as required by local policies and procedures.
E. An
“occupation in demand” will be defined by the LWDB
and the method for identifying those occupations shall be documented. No documentation is required if the
occupation is listed as an “in demand” occupation by the economic research and
analysis bureau of the New Mexico department of labor, or its successor agency.
F. LWDBs shall make provisions for the maintenance and
retention of records of programs of demonstrated effectiveness, including
systems of issuance, funding obligations/expenditures, oversight and completion
in accordance with WIA record retention
requirements. Such records shall be
retained for a period of three (3) program years from the date the individual
participant exits, unless an unresolved audit is pending. In that case, records must be retained until
final resolution of the audit.
G. LWDBs shall ensure that, at a minimum, one core and one
intensive service are provided to each WIA
participant prior to their participation in any training activity. Documentation to support the provision of the
core and intensive services must be maintained in the participant folder.
H. LWDBs shall establish and collect relevant performance
criteria/programs outcomes for each contract provider.
I. A
“low income individual” is defined in WIA, Section
101(25). The special participant popula- tion eligible for a
training services program of demonstrated effectiveness is identified in 20 CFR 663.430(b). The
governor has determined that no additional groups, other than those defined by
the regulation, will be identified as hard-to-serve for purposes of granting
exceptions to individual training accounts.
J. LWDBs or their designee shall monitor each training
contract through attendance and completion records to determine that the
amounts claimed for reimbursement are substantiated and that training is being
provided in accordance with the contract.
Monitoring includes reviewing participant progress to ascertain that the
participant is gaining the necessary skills and to determine if supportive
services are needed. Upon placement, the
LWDB shall also monitor at the work site to determine
whether the participant is employed in the occupation for which training was
provided, and is earning a self-sufficient wage as defined by the LWDB. Annual
monitoring of the provider shall include administrative and fiscal records.
K. LWDBs or their designee shall ensure that selected service
providers are afforded appropriate training and technical assistance necessary to
deliver the required WIA services.
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11.2.22.9 CONTACT ENTITY: Inquiries
regarding this rule should be directed to the state administrative entity (SAE) in Santa Fe at (505) 827-6827.
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11.2.22.10 DISTRIBUTION: SWDB and LWDB chairpersons, LWDB administrative entities, all SAE
WIA subrecipients, SAE legal counsel, SAE EEO officer, USDOL federal
representative and New Mexico commission of public records.
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HISTORY OF 11.2.22 NMAC: [RESERVED]