South Dakota Workforce Development Council
1. Alternative Entity
The South Dakota Workforce Development Council was established under Executive Order 95-14 on June 19, 1995. The council was grandfathered under WIOA and the state designated as a single area state. The council meets the definitions as stipulated under WIA Sec. 101(b). Membership of this council remains the same as identified in the Executive Order and as grandfathered under WIOA. Unrepresented membership groups have the opportunity to attend open meetings of the council and have an opportunity for comment and input to the State Plan or other policy development. Council meetings are announced, agendas posted, and meetings are open to the public.
2. Open Meetings
In accordance with South Dakota Codified Law 1-25-1 and WIOA Rules and Regulations Sec. 679.140, meetings of the South Dakota Workforce Development Council are open to the public. Information on the activities of the council, the State Plan, membership, significant policies, guidelines, definitions and minutes of formal meetings are available to the public. Please visit our Workforce Development Council page for this public information. The public information may also be requested by contacting:
South Dakota Department of Labor and Regulation
123 W. Missouri Ave.
Pierre, SD 57501
3. Conflict of Interest
In accordance with WIOA Sec. 101(f), members of the South Dakota Workforce Development Council may not vote on a matter under consideration by the board
a) regarding the provision of services by such member (or by an entity that such member represents); or
b) that would provide direct financial benefit to such member or the immediate family of such member; or engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State Plan.
4. Statewide Funds
WIA Statewide funds may be made available by the South Dakota Department of Labor and Regulation (DLR) for employment and training activities for adults, dislocated workers and youth. Funds may be used for required and/or allowable activities.
Required activities include:
- Rapid response activities
- Dissemination of the state list of eligible providers for training services for adults and dislocated workers
- Performance and cost information about training providers
- Assisting local areas, including development of staff
- Evaluations of workforce activities
- Provision of technical assistance
- Carrying out monitoring and oversight of activities to youth, adults, and dislocated workers
- Operating a fiscal and management accountability information system
Allowable activities may include:
- State administration
- Capacity building and technical assistance
- Supporting the provision of career services in the local areas
- Developing and disseminating workforce and labor market information
- Carrying out adult and dislocated worker activities and youth statewide activities
DLR will be responsible for the required statewide activities. The allowable activities may be provided by DLR or contracted for services. All appropriate WIOA administrative rules and cost principles will be followed together with state requirements for procurement and oversight.
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5. Initial and Subsequent Eligibility of Training Providers
WIA requires training providers be approved and programs certified prior to commitment of funds.
Eligible training providers are:
- Postsecondary educational institutions eligible to receive funds under Title IV of the Higher Education Act (HEA) and providing a program leading to a certificate or an associate or baccalaureate degree
- An entity that carries out programs under the National Apprenticeship Act
- Another public or private provider approved to provide a program of training
Training services are one or more classes that, upon successful completion, lead to a certificate, associate or baccalaureate degree; a competency or skill recognized by employers; or a training agenda providing individuals with skills and competencies generally recognized by employers. Training services shall be directly linked to occupations that are in demand as determined by the Workforce Development Council and DLR. Programs may be approved for occupations determined to be in sectors of the economy that have a high potential for sustained demand or growth.
Training providers must submit subsequent annual applications for continued approval and certification. Continued approval will be based on performance. Performance data will include verifiable program specific information on completion rates, employment rates, training-related employment rates, wage rates, job retention rates and rate of attainment of degrees or certifications.
Eligible adults and dislocated workers will have access to funds through an Individual Training Account (ITA) to support the cost of training.
Approved training providers must agree to:
- Provide a financial need assessment to identify the total cost of attendance, available financial assistance and requirements for loan repayment if loans are a part of the package
- Assist participants with application for appropriate financial assistance and inform the U.S. Department of Labor (USDOL) of distribution of grants received
- Ensure USDOL funds do not duplicate funds otherwise available
- Ensure USDOL funds are used only for approved costs
- Maintain sufficient records of attendance, training progress and financial assistance, and provide USDOL access to these and other pertinent records
- Inform USDOL of changes in participants’ status in a timely manner
- Provide the participant with labor market information and assist with job search and placement activities
- Comply with nondiscrimination and equal opportunity provisions of USDOL
- Provide performance information as requested by USDOL
6. Ensure Accessibility of Facilities, Programs, Services, Technology and Materials for Individuals with Disabilities
Section188 of the Workforce Innovation and Opportunity Act (WIOA) prohibits against discrimination on the basis of age, disability, gender, race, color or national origin. This section further stipulates no individual in the United States may be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any Title I financially assisted program or activity, on the basis of race, color, religion, gender, national origin, age, disability or political affiliation or belief and for beneficiaries only, citizenship or participation in any WIOA Title I program.
In accordance with WIA Section 188 it is the policy of the South Dakota Workforce Development Council and the South Dakota Department of Labor and Regulation (DLR) to ensure compliance with nondiscrimination and affirmative action requirements. It is our policy to ensure the physical, programmatic, and communications accessibility of facilities, programs, services, technology, and materials for individuals with disabilities in our network of local offices (one-stop career centers). Programs and activities under the council and DLR are required to abide by this policy. Specific nondiscrimination language will be included in contracts with sub-recipients, in the WIA operational manual and monitoring guides.
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7. Competitive Process to Award Grants and Contracts
The South Dakota Department of Labor and Regulation (DLR) follows South Dakota Codified Law and Administrative Rules of South Dakota in awarding grants and contracts for WIOA Title I activities. When a specific grant or contract is to be awarded, information on the process will be included with the public announcement.
South Dakota Codified Law (SDCL) 5-18D
South Dakota Bureau of Administration
8. Compliance with Uniform Administrative Requirements Onsite Monitoring
South Dakota is designated as a single area state. To ensure the integrity of the employment and training programs as stipulated under WIOA Section 183, the state will conduct desk reviews and on-site monitors for compliance with state policy and federal regulations. In conformance with Subpart D, Oversight and Monitoring (Sec. 683.410 of the WIOA Rules and Regulations, desk reviews and an on-site monitor will be conducted by state staff with the Local Offices. One-third of the local offices are selected for the current year, one-third the second year, and the remaining third are reviewed the following year. Offices and programs may be selected for review more frequently if determined appropriate by the WIOA Administrator. Sub-recipients are to be monitored annually.
Monitors will be conducted to review the program activities and operations to identify existing and potential deficiencies, as well as promising practices. Significant findings will be reported and corrective actions will be requested to maintain compliance. Oversight and monitoring will consist of:
- Determining expenditures have been charged against the appropriate cost categories and within the cost limitations specified in WIOA and the accompanying federal regulations;
- Determining compliance with other provisions of WIOA, WIOA federal regulations and other applicable laws and regulations; and
- Providing technical assistance as needed and when appropriate.
Monitors help to ensure program quality and outcomes meet the objectives of WIOA rules and regulations. Monitors will ensure compliance with the nondiscrimination and equal opportunity requirements of WIOA Section 183. The reviews will evaluate adherence to USDOL uniform administrative requirements and applicable cost principles for all entities receiving WIOA Title I funding. Corrective action will be taken if substantial violation of standards is identified. Sanctions will be imposed in the event sub-recipients fail to take required action.
The methodology for conducting the review is efficient and effective and carried out by state DLR program and fiscal technical assistance staff. This system is used for all WIOA youth, adult and dislocated worker programs in the state. This system ensures compliance and integrity of the program. Reviews are structured to scrutinize the following:
- Program administration
- Eligibility determination process
- Eligibility verification
- Payment systems
- Client and management information systems
- Equal opportunity
- Participant files
- Fiscal records
- Performance measures
- Data validation
Monitoring and evaluation reviews may also include surveys or interviews with participants, staff and employers. Results of the monitoring will be documented and submitted to the state WIOA administrator. A written report of the monitoring will be sent to the management authority of the site reviewed. This report will indicate required or suggested actions to be taken by the entity. Issues that arise from the monitoring may be subject to corrective action or sanctions.
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9. Prioritizing Adults that are Low Income and/or Basic Skills Deficient
WIOA sec. 134(c)(3)(E) states that priority for individualized career services and training services funded with title I adult funds must be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient I the local area. Eligibility and documentation of public assistance or low-income will be documented in the DLR data management system.
10. Priority of Service for Veterans and Eligible Spouses
South Dakota employment and training programs are committed to assisting veterans and eligible spouses. Priority of service will be provided by South Dakota Department of Labor and Regulation and any sub-recipients of WIOA funding. All program activities will be administered in compliance with priority of service requirements. Processes are in place to identify veterans and eligible spouses so they may take full advantage of the available programs and priority of service.
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