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Policies of the Workforce Development Council and Workforce Investment Act

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 WIA and the state designated as a single area state. The council meets the definitions as stipulated under WIA Sec. 111(e). Membership of this council remains the same as identified in the Executive Order and as grandfathered under WIA. 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 WIA Rules and Regulations Sec. 661.207, 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 Web page for this public information. The public information may also be requested by contacting:

South Dakota Department of Labor and Regulation
700 Governors Drive
Pierre, SD 57501
Phone: 605.773.5017

3. Conflict of Interest

In accordance with WIA Sec. 111(f), 117(g), and Sec. 667.200(4), members of the South Dakota Workforce Development Council may not cast a vote on the provision of services by the member, or organization which that member directly represents, on any matter which would provide any direct financial benefit to that member or the council member’s immediate family. Neither membership on the council nor the receipt of WIA funds to provide training and related services by itself violates this conflict of interest provision.

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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
• Identification of eligible providers of on-the-job training and customized training
• Performance and cost information about training providers
• A list of eligible youth providers
• Evaluations of workforce activities for adults, dislocated workers and youth
• Provision of technical assistance
• Assistance with the establishment of one-stop delivery systems and operating a fiscal and management accountability system

Allowable activities may include:

• State administration
• Capacity building and technical assistance
• Establishing innovative incumbent worker programs, programs targeted to Empowerment Zones and Enterprise Communities, innovative programs for displaced homemakers and to increase the number of individuals trained for non-traditional employment
• Carrying out adult and dislocated worker activities and youth statewide activities
• Preparing and submiting the WIA annual performance progress report

DLR will be responsible for the required statewide activities. The allowable activities may be provided by DLR or contracted for services. All appropriate WIA 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. An on-line application process is available on the South Dakota Department of Labor and Regulation (DLR) website.

Eligible training providers are:

• Post-secondary 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

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6. Ensure Accessibility of Facilities, Programs, Services,
    Technology and Materials for Individuals with Disabilities

Section188 of the Workforce Investment Act (WIA) of 1998 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 WIA Title I program.

In accordance with WIA Section 188, W-P Section 8(b), 29CFR Part 37, and 20CFR652.8(j) 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.

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 WIA title I activities. When a specific grant or contract is to be awarded, information on the process will be included with the public announcement.

References:

South Dakota Codified Law (SDCL) 5-18D

South Dakota Bureau of Administration

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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 WIA Section 184(a)(3)(4), 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. 667.400, 557.410) of the WIA Rules and Regulations, desk reviews and an on-site monitor will be conducted by state staff with the Local Offices. Half of the Offices are selected for the current year, the remaining half are reviewed the following year. Offices and programs may be selected for review more frequently if determined appropriate by the WIA 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 WIA and the accompanying federal regulations;
• Determining compliance with other provisions of WIA, WIA 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 WIA rules and regulations. Monitors will ensure compliance with the nondiscrimination and equal opportunity requirements of WIA Section 188. The reviews will evaluate adherence to USDOL uniform administrative requirements and applicable cost principles for all entities receiving WIA 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 WIA 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 WIA 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. Definitions and Documentation Requirements Regarding
    Additional Assistance

In addition to other eligibility criterion for WIA youth, an individual who requires additional assistance to complete an educational program or to secure and hold employment is an individual who may meet one or more of the following:

• Is currently attending an alternative educational program
• Has poor attendance and/or grade patterns in an educational program during the last 12 calendar months
• Has no vocational/employment goal
• Has limited employment opportunities as defined by not having been able to obtain employment after a four-week employment search (personal, behavioral or hygiene issues, etc.)
• Has a record of not being able to hold employment due to being fired, or quitting two or more jobs in the last six months.
  

10. Prioritizing Adult Funds for Recipients of Public Assistance
      and Other Low Income

In the event WIA Title I funds allocated to South Dakota for adult employment and training activities are limited, priority for intensive and training services must be given to recipients of public assistance and other low-income individuals. Eligibility and documentation of public assistance or low-income will be documented in the DLR data management system.

Individuals with Barriers
Individuals who meet WIA adult eligibility who are not recipients of public assistance or determined to not be low-income may be considered for service. Consideration for selection may be given to adults who have one or more barriers to employment. Such barriers may include: offender status, basic-skills deficient, homeless, disability, single parent, language or cultural barriers. The barriers used for this level of eligibility must be a substantial barrier to employment for the specific individual. Such situations must be verifiable and documented in the DLR data management system.

Underemployed
Adults who are determined to be underemployed may also be considered for service under WIA. Underemployed is defined as an individual who is working full or part-time in an occupation at a level below the person’s experience and education level, and for wages less than two times the annual figure for a family of one from the DLR income criteria. The underemployed situation must be documented in the DLR data management system.

Others
Eligible adults who are not recipients of public assistance or determined to not be low-income, or are not individuals with barriers, or are not underemployed individuals may receive services if funds are not limited. Individuals who may be considered under this category may include but are not limited to those with a poor work history, are long-term unemployed, or have a specific personal situation that warrants consideration of service. The “other” situations must be documented the DLR data management system.

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11. 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 WIA 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.

Definition of a Veteran for Priority of Service
Veterans and eligible spouses, including widows and widowers as defined in the statute and service regulations, are eligible for priority of service. For the purposes of implementing priority of service, the final rule requires that program operators use the broad definition of veteran found in 38 U.S.C. 101(2).

• Under this definition, the term “veteran” means a person who served at least one day in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2). Active service includes full-time federal service in the National Guard or a reserve component. This definition of “active service” does not include full-time duty performed strictly for training purposes (i.e., that which often is referred to as “weekend” or “annual” training), nor does it include full-time active duty performed by National Guard personnel who are mobilized by State rather than Federal authorities (State mobilizations usually occur in response to events such as natural disasters).
• “Eligible spouse” as defined at Section 2(a) of the JVA (38 U.S.C. 4215[a]) means the spouse of any of the following:
  1. Any veteran who died of a service-connected disability
  2. Any member of the Armed Forces serving on active duty who, at the time of application for the priority, is listed in one or more of the following categories and has been so listed for a total of more than 90 days:
     • Missing in action
     • Captured in line of duty by a hostile force
     • Forcibly detained or interned in line of duty by a foreign government or power
  3. Any veteran who has a total disability resulting from a service-connected disability, as evaluated by the Department of Veterans Affairs
  4. Any veteran who died while a disability was in existence.

A spouse whose eligibility is derived from a living veteran or service member (i.e., categories b. or c. above) would lose his or her eligibility if the veteran or service member were to lose the status that is the basis for the eligibility (e.g., if a veteran with a total service-connected disability were to receive a revised disability rating at a lower level). Similarly, for a spouse whose eligibility is derived from a living veteran or service member, that eligibility would be lost upon divorce from the veteran or service member.

A veteran or eligible spouse must first meet any and all statutory eligibility criteria in order to be considered eligible for enrollment in the program, receipt of priority for enrollment, and priority for receipt of services.

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12. Confidentiality

The term “confidentiality” is not defined under WIA, although WIA provides guidance and requirements on this issue. The WIA 136(f)(3) requires compliance with Title 20 of the U.S. Code 1232g (General Education Provisions Act 444). Similarly, WIA regulations (Title 20 of the Code of Federal Regulations Preamble) provide several discussions of confidentiality, and one reference specific to individual employment plans in Section 669.400. In general, WIA requires that any personal information that can directly or by reasonable inference identify a specific individual (e.g., a telephone number, a Social Security number):

• Is collected, used and stored in a manner that ensures that it will not be accessible to anyone not authorized access
• Is not collected unless needed for the provision of service or to determine eligibility for a program
• Is not used for any purpose other than the program or service for which it was collected, unless the subject of the information (if the subject is an adult) or a parent of the subject (if the subject is a minor or dependent) provides consent for the information to be shared
• Can be released to the subject of the information upon his or her request
• Is not accessible to anyone other than those authorized access
• Is made accessible to subcontractors and researchers only with the stipulation that they adhere to the same requirements that the direct recipients and higher-tier sub-recipients must follow, unless the information is provided in aggregate form only (thereby preventing the identification of any specific individual)
• Is published only in aggregate form, preventing readers from being able to identify, or reasonably infer the identity of, any individual subject

It is the policy of the South Dakota Department of Labor and Regulation and its partners to protect the confidentiality of all information regarding our customers to the fullest extent possible. DLR policy requires all information collected on applicants, registrants, eligible applicants/registrants, participants, employees and applicants for employment shall be maintained in such a manner as to assure their confidentiality. Access to the files (electronic and hard copy) shall be limited to such persons authorized by DLR who have legitimate need. Information collected by DLR shall be used only for the intended purpose under the respective program requiring the particular data. The state follows U.S. Department of Labor guidance for wage and education records as required.

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13. Youth Council

Executive Order 95-14 established the South Dakota Workforce Development Council (WDC) as the state’s Workforce Investment Board. The Executive Order designated the South Dakota Department of Labor and Regulation (DLR) as the fiscal, administrative and delivery agent for the board. DLR is the grant recipient for WIA Youth program funds. As a single area state, the WDC, with the DLR as the agent, assumes the functions of the Youth Council.

The WDC consists of state agencies, community based organizations, and private sector employers with an interest in broadening the youth employment and training focus to incorporate a youth development perspective, and to establish linkages with other organizations serving youth. The DLR brings local community connections with youth service providers including education agencies, juvenile corrections and law enforcement, public housing, Job Corps and other youth entities.

The DLR is responsible for coordinating youth activities, developing portions of the state plan related to eligible youth, recommending eligible providers of youth activities to be awarded grants or contracts, conducting oversight and other duties authorized by the WDC.

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For specific information on a program, division or council, click on one of the following links: