WIOA Negotiations and Sanction Guidance
TEGL 11-19, Change 1: Negotiations and Sanctions Guidance for the Workforce Innovation and Opportunity Act (WIOA) Core Programs (May 10, 2023)
This guidance supersedes Training and Employment Guidance Letter (TEGL) 11-19, published February 6, 2020, and developed jointly by the U.S. Departments of Labor and Education (the Departments). Through this updated guidance, the Departments:
- Revise their approach to using the statistical adjustment model for the purpose of assessing state performance;
- Clarify the implementation of potential financial sanctions for consecutive performance failures occurring across multiple State Plan periods; and
- Clarify that states can be sanctioned up to 10 percent of the Governor’s Reserve Allotment if there is consecutive performance failure and a failure to report for the same program year.
This guidance also continues to delineate the process for negotiating levels of performance, as required by section 116(b)(3)(A)(iv) of the Workforce Innovation and Opportunity Act (WIOA), and explains the two instances in which a state may be sanctioned, namely for performance failure or for failure to report (section 116(f) of WIOA).
This tool aims to aid in the negotiation process of setting negotiated levels of performance for Program Years 2022 and 2023. It provides users with benchmarks provided by the statistical adjustment model (SAM)--as required by WIOA--along with an analysis of historical performance that shows both actual levels of performance as well as historic WIA performance outcomes viewed through a WIOA lens.
PY 2022 - 2023 State Model Summaries
These are state-specific summaries of the key elements derived from the statistical adjustment models developed for PY 2022-2023. For each individual performance indicator there are plots that show how the actual level of performance for the specific state in PY 2020 compared to all states and how the predicted level of performance (i.e., Estimate0) for the specific state in PY 2022 compares to the predicted levels for all states. There are also tables that give all the relevant model estimates and pre-PY 2022 data for all of the model variables. In addition, the last tab has a table that identifies all the variables included in each individual indicator model.
WIOA State Negotiated Levels of Performance
These are the negotiated levels of performance agreed to by the Department of Labor and respective state agencies.
The module is intended for state and local workforce boards, administrators, and policy and operations staff. It walks the user through basic elements of the negotiations process using a narrative that follows a fictional state through each step of the cycle.
WIOA Statistical Adjustment Model Resources
This document provides an overview of the statistical analysis that was conducted in developing and evaluating the statistical adjustment models that will be used for the 2022 and 2023 program years (PY).
This document shows which variables are in each of the models and provides additional definitions of how the variables are calculated.
Economic Data Resources
The WIOA Statistical Adjustment Models include variables that accounts for the economic conditions of states. The data sources for the economic conditions variables are below.
- Bureau of Labor Statistics
- U.S. Census Bureau
- Guide to State and Local Workforce Data
- Center for Economic Studies (CES)
Performance Negotiations Archive
This archive includes:
- Prior Model Selection Papers
- Original WIOA Statistical Model Methodology Report
- Prior Negotiations Tools & Resources