(a) The Governor of each State must submit a State Workforce
Investment Plan (State Plan) in order to be eligible to receive funding
under title I of WIA and the Wagner-Peyser Act. The State Plan must
outline the State's five year strategy for the workforce investment
system.
(b) The State Plan must be submitted in accordance with planning
guidelines issued by the Secretary of Labor. The planning guidelines
set forth the information necessary to document the State's vision,
goals, strategies, policies and measures for the workforce investment
system (that were arrived at through the collaboration of the Governor,
chief elected officials, business and other parties), as well as the
information required to demonstrate compliance with WIA, and the
information detailed by WIA and these regulations and the Wagner-Peyser
Act and the Wagner-Peyser regulations at 20 CFR part 652.
(c) The State Plan must contain a description of the State's
performance accountability system, and the State performance measures
in accordance with the requirements of WIA section 136 and 20 CFR part
666.
(d) The State must provide an opportunity for public comment on and
input into the development of the State Plan prior to its submission.
The opportunity for public comment must include an opportunity for
comment by representatives of business, representatives of labor
organizations, and chief elected official(s) and must be consistent
with the requirement, at WIA section 111(g), that the State Board makes
information regarding the State Plan and other State Board activities
available to the public through regular open meetings. The State Plan
must describe the State's process and timeline for ensuring a
meaningful opportunity for public comment.
(e) The Secretary reviews completed plans and must approve all
plans within ninety days of their submission, unless the Secretary
determines in writing that:
(1) The plan is inconsistent with the provisions of title I of WIA
or these regulations. For example, a finding of inconsistency would be
made if the Secretary and the Governor have not reached agreement on
the adjusted levels of performance under WIA section 136(b)(3)(A), or
there is not an effective strategy in place to ensure development of a
fully operational One-Stop delivery system in the State; or
(2) The portion of the plan describing the detailed Wagner-Peyser
plan does not satisfy the criteria for approval of such plans as
provided in section 8(d) of the Wagner-Peyser Act or the Wagner-Peyser
regulations at 20 CFR part 652.
