TEGL_16-16_Acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION WIOA General Guidance for One- Stop Operations CORRESPONDENCE SYMBOL ETA-OWI DATE January 18 2017 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER ONE-STOP OPERATING GUIDANCE FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT NO. 16-16 TO STA TE AND LOC AL STAKEHOLDERS IN THE WORKFORCE INNOVATION AND OPPORTUNITY ACT STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS AMERICAN JOB CENTER DIRECTORS SECTION 166 INDIAN AND NATIVE AMERICAN GRANTEES NATIONAL FARMWORKER JOBS PROGRAM GRANTEES SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM GRANTEES YOUTHBUILD GRANTEES ALL DEPARTMENT OF LABOR GRANTEES STATE AND LOCAL VETERANS ADMINISTRATORS STATE APPRENTICESHIP AGENCY DIRECTORS TRADE ADJUSTMENT ASSISTANCE LEADS FROM PORTIA WU s Assistant Secretary SUB JECT One-Stop Operations Guidance for the American Job Center Network 1. Purpose. This Training and Employment Guidance Letter TEGL provides generalguidance for the implementation of operational requirements under the Workforce Innovation and Opportunity Act WIOA pertaining to the one-stop delivery system branded nationally as the American Job Center network. Due to the broad scope of the one-stop delivery system encompassing multiple programs administered by different Federal agencies this guidance provide s the primary components for understanding and implementing an integrated American Job Center network. Consistent with the requirement to promote increased public identification of the one-stop delivery system and the requirement for the use of a common identifier across the nation WIOA sec. 121 e 4 the U.S. Department of Labor DOL in coordination with the U.S. Department of Education ED established the American Job Center network a unifying name and brand that identifies online and in- person workforce development services as part of a single network of publicly-funded services. The use of the American Job Center network designation in this guidance establishes a framework for accentuating and implementing an integrated workforce delivery system. DOL and ED in partnership with the U.S. Department of Health and Human Services HHS collectively the Departments published the WIOA Joint Rule for Unified 2 and Combined State Plans Performance Accountability and the One -Stop System Joint Provisions Final Rule Joint WIOA Final Rule on August 19 2016 in the Federal Register at 81 FR 55791 . The Joint WIOA Final Rule which became effective on October 18 2016 can be found at https www.fed eralregister.gov documents 2016 08 19 2016 - 15977 workforce -innovation -and -opportunity -act -joint -rule -for -unified -and -combined -state - plans -performance . This guidance is being issued jointly by DOL s Employment and Training Administration ETA ED s Offi ce of Career Technical and Adult Education OCTAE and Office of Special Education and Rehabilitati ve Services Rehabilitation Services Administration RSA and HHS s Administration for Children and Families ACF . The guidance also links to other techn ical assistance resources that support States and local areas as they work to implement an integrated American Job Center network . 2. References . See Attachment I. 3. Background . The vision for the American Job Center network reflects the long -standing and ongoing work of dedicated workforce professionals to align a wide range of publicly - or privately -funded education employment and training programs while also providing high - quality customer service to all job seekers workers and businesses. The creation of the integrated one -stop locations was a cornerstone of the W orkforce Investment Act of 1998 WIA . In the years between the passage of WIA and WIOA the public workforce development system tested a variety of approaches to maximiz e the benefit s that customers and their communities receive from American Job C enters. In the last ten years technological advance s have opened up new methods of service delivery and evidence -based models to build upon our shared understanding of best practices . Fur ther during the past few years Federal agencies have worked collectively to reform Federal employment education and training programs to create a more integrated job -driven public workforce system . As a result of this work American Job C enters cont inue to be valued community resource s acknowledged both locally and nationally as a critical source of assistance for individuals looking for work or opportunities to grow in their career s and employers looking for human resource assistance . WIOA build s on the value of the American Job Center network and provides the workforce development system with important tools to enhance the quality of its American Job C enters. WIOA strengthens the ability of States regions and local areas to align investments i n workforce education and economic development to respond to regional job growth. WIOA also emphasi zes achieving results for all job seekers workers and businesses. Finally WIOA reinforces the partnerships and strategies necessary for American Job Centers to provide all job seekers and workers with the high -quality career training and supportive services they need to obtain and maintain good jobs . Such strategies help businesses find skilled workers and access other human resource assistance inc luding education and training to meet their current workforce needs . 1. American Job Center Network . A. Characteristics of t he American Job Center Network. The American Job Center network includes six core programs title I Adult Dislocated W orker and Youth 3 programs the title II Adult Education and Family L iteracy Act AEFLA program the Wagner -Peyser Act Employment Service ES program authorized under the Wagner - Peyser Act as amended by title III of WIOA and the Vocational Rehabilitation VR progr am authorized under title I of the Rehabilitation Act of 1973 as amended by title IV of WIOA . The American Job Center network also includes other required and additional partners identified in WIOA and discussed in section five of this TEGL . Through th e American Job Centers these partner programs and their direct service providers ensure businesses and all job seekers a shared client base across the multiple programs have access to information and services that lead to positive educational and employme nt outcomes. Under WIOA American Job C enters and partner staff strive to Provide job seekers with the skills and credentials necessary to secure and advance in employment with wages that sustain themselves and their families Provide access and opport unities to job seekers including individuals with barriers to employment as defined in section 3 24 of WIOA such as individuals with disabilities individuals who are English language learners and individuals who have low levels of literacy to prepar e for obtain retain and advance in high -quality jobs and high -demand careers Enable businesses and employers to easily identify and hire skilled workers and access other human resource assistance including education and training for their current wor kforce which may include assistance with pre -screening applicants writing job descriptions offering rooms for interviewing and consultation services on topics like succession planning and career ladder development and other forms of assistance . Part icipate in rigorous evaluations that support continuous improvement of American Job C enters by identifying which strategies work better for different populations and Ensure that high -quality integrated data inform decisions made by policy makers employe rs and job seekers. The management of the American Job Center network is the shared responsibility of States local workforce development boards WDBs elected officials the six WIOA core program partners required one -stop partners and other additional one -stop partners American Job C enter operators and service providers . Through the American Job Center the one -stop operator carries out the activities described below Facilitates integrated partnership s that seamlessly incorporate services for the common customers served by multiple program partners of the American Job Center . Develops and implements operational policies that reflect an integrated system of performance communication and case management and uses technology to achieve integration an d expanded service offerings. 4 Organize s and integrate s American Job Center services by function rather than by program when permitted by a program s authorizing statute and as appropriate through coordinating staff communication capacity building an d training efforts. Functional alignment includes having American Job Center staff who perform similar tasks serve on relevant functional teams e.g. skills development team or business services team s . o Service integration focuses on serving all customer s seamlessly including targeted populations by providing a full range of services staffed by relevant functional teams consistent with the purpose scope and requirements of each program . o Integrated American Job Center s also ensure that Center staf f are trained and equipped in an ongoing learning environment with the skills and knowledge needed to provide superior service to job seekers including those with disabilities and businesses in an integrated regionally focused framework of service deliv ery consistent with the requirements of each of the partner programs . Center staff are cross -trained as appropriate to increase staff capacity expertise and efficiency. This allows staff from differing programs to understand other partner programs services and share their own expertise related to the needs of specific populations so that all staff can better serve all customers. Center staff are routinely trained so they are keenly aware as to how their particular work function support s and contri bute s to the overall vision of the Local WDB as well as within the American Job Center network . This enhances their ability to ensure that a direct linkage to partner programs is seamlessly integrated with in the center. B. Benefits of Participating in an Integrated American Job Center Network . There are significant benefits to partner participati on in the American Job Center network . The clear benefit is better outcomes for customer s both job seeker s and business es . The following is not an exhaustiv e list of benefits but provide s some of the many advantages inherent in partnering in an integrated one -stop delivery system Expanded workforce services for individuals at all levels of skill and experience. All customers including those with disabili ties or other barriers to employment have the opportunity to receive hard and soft skill s guidance career planning and job placement services particularly timely labor market demand and occupational information and a variety of job -driven training opti ons including work -based training opportunities such as registered apprenticeship on -the -job training OJT and incumbent work er training. 5 Access to multiple employment and training resources . Access to multiple program resources includ ing necessary supportive services that may not be offered by or available through one individual program . Access to multiple resources in one location also reduc es the travel and commuting distances for customers needing referrals to or the receipt of multiple service s. Access to multiple resources may also facilitate the leveraging and braiding of resources across systems for individual customers as appropriate. Integrated and expert intake process for all customers entering the American Job C enters . Frontline staff are highly familiar with the functions and basic eligibility requirements of each program appropriately assist customers and make knowledgeable referrals to partner programs as appropriate given the authorized scope of and eligibility requirements fo r each program. Integrated and aligned business services strategy among American Job Center partners . As part of an aligned team partners have access to a wider range of business engagement strategies increas ing the opportunity for better placement se rvices and outcomes for all customers. This partnership also allows for a unified voice for the American Job C enter in its communications with area employers. Expert advice from multiple sources . Customers including individuals with barriers to employme nt can benefit from multiple levels of staff expertise guidance and advice across programs . T his enhances job seek ers experience s and increases their chances for success in the evolving labor market . Relevance to labor market conditions. All workforc e development activities occur within the context of a regional economy. Services provided should be informed by data on labor market demand in the local area to ensure a positive impact or labor market outcome. This outcome results in a return on invest ment for the job seeker s time and efforts and for the workforce program resources expended. Expand ed community and industry outreach. The integrated nature of the American Job Center network extends the one -stop reach to increase customer participation and enrollments and to engage and support businesses . Strengthen ed partnerships . The integrated nature of the American Job Center network also helps in provid ing seamless workforce services that serve similar populations . Some examples include setting up common intake and assessment joint outreach activities and referral processes outlined in agreements implemented between partners in the American Job Center . Encourag ing efficient use of accessible information technology to include when possible t he use of machine readable forms and other features consistent with modern accessibility standards such as section 508 Standards 36 CFR part 1194 and the Worldwide Web Consortium s Web Content Accessib ility Guidance 2.0 as well as virtual services to e xpand the customer base and effectively deliver self -service s. 6 C. Comprehensive American Job Centers . A comprehensive American Job Center as described in 20 CFR 678.305 34 CFR 361.305 and 34 CFR 463.305 is a physical location where job seekers and employer customer s can access the programs services and activities of all required one -stop partners section 121 b 1 B of WIOA along with any additional partners as determined by the Local WDB. The one -stop delivery system must include at least on e comprehensive physical center in each local area . See subsection 5. B. below for a full list of required and additional partner programs. Comprehensive American Job Center s should reflect and exemplify the characteristics of a high -quality American Jo b Center as described in DOL s TEGL No. 4-15 and ED s RSA -TAC -15 -01 and OCTAE Program Memorandum 15 -3 en titled Vision for the One -Stop Delivery System under the Workforce Innovation and Opportunity Act . Comprehensive one -stop centers should reflect a we lcoming environment to all customer groups who are served by the American Job Center s. All American Job Center staff should be courteous and helpful to all job seekers businesses and others who interact with the American Job Center s in person by telep hone or online . A comprehensive American Job Center must have 1 At least one WIOA title I staff person physica lly present and the Center must provide the career services listed in 20 CFR 678.430 34 CFR 361.430 and 34 CFR 463.430 2 Access to training services described in 20 CFR 680.200 3 Access to any employment and training activities carried out under sec tion 134 d of WIOA 4 Access to programs and activities carried out by one -stop partners listed in 20 CFR 678.400 through 678.410 34 CFR 361.400 through 361.410 and 34 CFR 463.400 through 463.410 including the Wagner -Peyser Act ES program and 5 W orkforce and labor market information. Customers must have access to the se programs services and activities during regular business days at a comprehen sive one -stop center 20 CFR 678.305 c 34 CFR 361.305 c and 34 CFR 463.305 c . The Local WDB may establish other service hours at other times to accommodate schedules of individuals who work on regular business days or who because of life circumstan ces are not able to access the American Job Centers during regular business hours . The Departments encourage access to services outside of regular business hours i.e. nights and weekends when doing so is possible and best serves the needs of the Ameri can Job Center s customers . Centers not open outside of the regular business hours should have a plan for how they will provide services to individuals who cannot visit a center during regular business hours. It is important to note that providing car eer services in the comprehensive does not mean that each required partner must provide these services directly on -site at the comprehensive American Job C enter. However it does mean that some career services 7 must be provided directly on -site. Career se rvices may be provided through access to one -stop partner programs and activities which as described in 20 CFR 678.305 d 34 CFR 361.305 d and 34 CFR 463.305 d may be delivered in one of three ways Option 1 . Having a program staff member physicall y present at the American Job Center Option 2 . Having a staff member from a different partner program physically present at the American Job Center and appropriately trained to provide information to customers about the programs services and activitie s available through all partner programs or Option 3 . Making available a direct linkage through technology to a program staff member who can provide meaningful information or services. The options above offer a wide range of possibilities to partners. Option 2 could require varying levels of assistance depending on the program s needs but this could be as simple as having a n adequately trained Wagner -Peyser ES staff member providing basic program information to a one -stop customer regarding the Job Co rps program . In this example the partner staff member has been trained by someone from the Job Corps program on basic eligibility requirements as well a s how to access and complete an enrollment application. Once the application is completed the partner staff member will connect the customer to a Job Corps representative who can further assist the customer through the enrollment process. This option allows for the customer to receive high - quality service through the American Job Center in a timely manner . In this example it would be essential that the Wagner -Peyser Act ES staff person providing information about the Job Corps program document his or her time and effort to ensure that the charges to the appropriate program namely the Job Corps program for salaries and wages are based on records that accurately reflect the work performed consistent with Federal cost principles in the Uniform Guidance at 2 CFR 200. 430. Option 3 a direct linkage can take many forms as well . A s described in 20 CFR 678 .305 d 3 34 CFR 361.305 d 3 and 34 CFR 463.305 d 3 a direct linkage means providing a direct connection at the American Job Center within a reasonable time by phone or through a real -time Web -based communication to a program staff member who c an provide program information or services including career services to the customer. Solely p roviding a phone number Web site information pamphlets or materials does not constitute a direct linkage . The flexibility provided through the three opt ional methods for assuring customer access to required one -stop partner services and activities at the comprehensive centers ensures that dispersed programs such as the National Farmworker Jobs Program Job Corps or Indian and Native American programs remain accessible through the American Job Center network. Local WDBs in conjunction with the partners and one -stop operator s must establish the method or m eans of providing access to partner programs and document such means or methods in their Memo randa of Understanding MOUs . All comprehensive American Job Center s must be physically and programmatically accessible to individuals with disabilities as described in section 188 of WIOA and its implementing regulations 8 at 29 CFR part 38 Final Rule p ublished at 81 FR 87130 Dec. 2 2016 . To ensure meaningful access to all customers American Job C enters should incorporate the principles of universal and human -centered design . These principles include for example flexibility in space usage the u se of pictorial written verbal and tactile modes to present information for customers with disabilities or English language learners providing clear lines of sight to information for seated or standing users providing necessary accommodations and pro viding adequate space for the use of assistive devices or personal assistants . D. Affiliate American Job Centers . Local WDBs may also choose to operate other access points to services in addition to comprehensive American Job Center s. Such access points are called affiliate or specialized American Job Center s and are created to supplement and enhance customer access to American Job Center services. These site s make one or more of the one -stop partners programs services and activities available to job seekers and employers . Public libraries are an example of an additional access point that Local WDBs can use as affiliate American Job Cente rs. In addition to offering public computers and Internet access for job seekers and individuals many libraries a lso provide space for bus inesse s to host career fairs and networking events. As trusted institutions within their communities libraries are often at the frontline of employment and training related inquiries. Additionally libraries also serve school -ag ed youth who can use public resources for career and education planning along with the traditional adult job seeker. Every day people in communities across the United States use libraries to access the Internet for career development boosting their skill s through online learning improving their English literacy and digital literacy and finding work. Public libraries can do even more with better collaboration with State and Local WDBs . WIOA explicitly identifies public libraries as potential partners o f the American Job Center network WIOA sec. 121 b 2 B vii which acknowledges a librar y s ability to provide an expansive array of job search services includ ing a remote location for filing for unemployment compensation. This also recognizes librar ies as important providers of Federally - supported training and employment for adult education and literacy. See T raining and Employment Notice 35 -15 - Encouraging Collaborations between the Workforce Investment System and Public Libraries to Meet Career and Employment Needs for additional information . Affiliated sites as described in 20 CFR 678.310 34 CFR 361.310 and 34 CFR 463.310 allow for more flexibility in terms of the services one -stop partner programs provide . These site s do not need to prov ide access to every required one -stop partner program . Just as is required of comprehensive A merican Job Center s a ffiliated sites must be physically and programmatically accessible to individuals with disabilities as required by section 188 of WIOA and its implementing regulations at 29 CFR part 38 . The frequency of program staff s physical presence in an affiliated site will be determined through partner MOU negotiations at the local level within the parameters of the Federal regulations at 20 CFR 678 .310 through 678.3 20 34 CFR 361.310 through 361.3 20 and 34 CFR 463.310 through 463.3 20 Based on local workforce needs the Local WDB in conjunction with the partners and 9 one -stop operator s may determine that a specialized center as described in 20 CFR 678.320 34 CFR 361.320 and 34 CFR 463.320 is more appropriate to serve a particular population and may choose to operate a specialized center s . For example a specialized center may be established to serve a specific group of dislocated wo rkers affected by a regional lay -off. In this example the specialized center would provide a variety of services tailored to the needs of the dislocated workers including career coaching networking opportunities comprehensive assessment and employer meetings. The specialized center could also provide flexible office hours such as evenings and weekends to support the job search needs of the dislocated workers served by that specialized center . Other specialized centers may be established for youth veterans or other specified group s as determined by the Local WDB . Specialized centers do not need to provide access to every required partner but should be knowledgeable about and prepared to make referrals to American Job Center partners in the co mprehensive or affiliate American Job Center s. Partner services provided through specialized one -stop centers must also be determined through partner negotiations at the local level and incorporated into the MOU. E. Co -location of W agner -Peyser Act ES Offices . WIOA recognizes the Wagner -Peyser Act ES program s role in the American Job Center network and as a result has made the Wagner -Peyser Act ES one of the six core programs. Accordingly the Departments recognize that Wagner -Peyser Act ES progr ams are vital to the successful operation of American Job Center s and strongly encourage access to these services throughout the workforce development system. A major change to the American Job Center network under WIOA is the discontinuance of separate stand -alone Wagner -Peyser Act ES offices that were permitted under WIA 20 CFR 678.315 34 CFR 361.315 and 34 CFR 463.315 . Under WIOA Wagner - Peyser Act ES programs must be co -located in comprehensive and or affiliate American Job Centers. If the Wagne r-Peyser Act ES is part of an affiliate American Job Center the affiliate American Job Center must include at least one or more other partners with a physical presence of combined staff more than 50 percent of the time the center is open. In other words if the Wagner -Peyser Act ES is located in an affiliated site there must be staff of at least o ne other partner in that affiliated site that is physically present more than 50 percent of the time the center is open. Additionally 20 CFR 678.315 b 34 CFR 361.315 b and 34 CFR 463.315 b specify that the partner program administering local veterans employment representatives disabled veterans outreach program specialists or unemployment compensation programs would not count as the other partner for purposes of this requirement. Therefore if Wagner -Peyser Act ES and any of these three programs are provided at an affiliated site an additional partner or partners must have a presence of combined staff in the center of more than 50 percent of the tim e the center is open. These and other Wagner -Peyser Act ES requirements will be addressed further in upcoming DOL - administered program -specific guidance. The Departments understand that States will need a reasonable amount of time to fully integrate the delivery of the Wagner -Peyser Act ES programs into the American Job 10 Center network . H owever States are required to co -locate Wagner -Peyser Act ES services as soon as reasonably possible. In response to its program -specific WIOA Notice of Proposed Rulem aking DOL received several comments asking how to operationalize the co -location requirement. Given the diversity of how States have previously structured their Wagner -Peyser Act ES the Departments are giving States discretion in determining how to oper ationalize the requirement for co -location . However States are required to include the steps they will take to co -locate the Wagner - Peyser Act ES into their Unified or Combined State Plan. 5. Partner Roles and Responsibilities in the American Job Cente r Network . A. One -Stop Partner s. Section 121 b of WIOA identifies the required and additional one - stop partner programs. Generally the entity that carries out the program serves as the one - stop partner . This may be the grant recipient administrativ e entity or organization responsible for administering the funds of the specified program in a local area. In some local areas t he partner program may be carried out by more than one grant recipient contractor or organization . If the Federal grant re cipient has issued or awarded part of or its entire program funds to a sub -recipient or subcontractor in accordance with program requirements the Federal grant recipient remains the entity responsible for fulfilling the roles and responsibilities of a one -stop partner program. It is the responsibility of the Federal grant recipient to ensure that the subrecipient who is provid ing services in that local area on its behalf participates in the one -stop delivery system. If a program does not have a local a dministrative entity the responsible State agency is considered the one -stop partner. The joint regulations at 20 CFR 678.415 34 CFR 361.415 and 34 CFR 463 .415 provide more specific information on which entities are the one -stop partners for the VR and AEFLA programs two of the six WIOA core programs as well as for certain other required partner programs. A program becomes a one -stop partner when it begins carrying out the program or activity in a local area. As explained in 20 CFR 678.415 34 CF R 361.415 and 34 CFR 463 .415 if a partner is not carrying out its program or activities in the local area the requirements relating to a required one -stop partner are not applicable to that partner program. Carrying out a program or activity means that the partner is providing any of the services its grant contract or program require s. One of the critical requirements that a one -stop partner must satisfy is signing the local MOU which describe s the services to be provided infrastructure and additio nal costs and contributions the duration of the agreement and other elements described in section 6 of this document and additionally outlined in section 121 c of WIOA and 20 CFR 678.500 34 CFR 361.500 and 34 CFR 463.500 . B. Required and Additio nal One -Stop Partner Programs . The chart below identifies the required one -stop partner programs followed by a section on the additional partners. Attachment II of this TEGL provides a brief description of the one -stop partner program s along with some options for aligning and integrating service delivery through the American Job Center network . 11 Required Department of Labor programs Adult WIOA title I formula Senior Community Service Employment Program title V of the Older Americans Act of 1965 Dislocated Worker WIOA title I formula Trade Adjustment Assistance activities Trade Act of 1974 as amended Youth WIOA title I formula Jobs for Veterans State Grants Chapter 41 of title 38 YouthBuild WIOA title I Unemployment Compensation prog rams Indian and Native American Programs WIOA title I Wagner -Peyser Act ES as authorized under the Wagner -Peyser Act as amended by WIOA title III National Farmworker Jobs Programs NFJP Migrant and Seasonal Farmworker Programs WIOA title I Reentr y Employment Opportunities REO program formerly referred to as the Reintegration of Ex -Offenders ReXO program Section 212 of the Second Chance Act of 2007 and WIOA sec. 169 Job Corps WIOA title I Required Department of Education programs AE FLA program WIOA title II Career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 State VR program authorized under title I of the Rehabilitation Act of 1973 as amended by WIOA title IV Required Department of Health and Human Services programs Programs authorized under the Social Security Act title IV part A TANF 1 Community Services Block Grant Employment and Training activities Community Services Block Grant Act Required Department of Housing and Urban Development HUD program Employment and training programs Required one -stop partner programs have specific governance operations and service delivery roles within the American Job Center network . In accordance with 20 CFR 678.420 34 CFR 361.420 and 34 CFR 463.420 e ach required one -stop partner program must Provide access to its programs or activities through the American Job Center network in addition to any other appropriate locations i.e. affiliate d or specialized sites 1 A Governor may determine that TANF is not a required partner in a State or in specific local area s in the State . If the Governor makes this decision the Governor must notify in writing the Secretaries of the U.S. Departments of Labor and Health and Human Services. Additionally the State should notify the Director of the Office of Family Assistance in the Administration for Children and Families in HHS. If a Governor determines that TANF is not a required one -stop partner loca l TANF programs may still elect to partner or work in collaboration with a one -stop center unless it is inconsistent with the Governor s direction . 12 Use a portion of its funds to the extent consistent with the relevant authorizing statute and with the Uniform Guidance at 2 CFR parts 200 2900 and 3474 requiring among other things that costs are allowable reaso nable necessary and allocable to o Provide applicable career services and o W ork collaboratively with the State and Local WDBs to establish and maintain the one -stop delivery system. This includes jointly funding the one -stop infrastructure costs through partner contributions. Enter into an MOU that meets the requirements of 20 CFR 678.500 b 34 CFR 361.500 b and 34 CFR 463.500 b with the Local WDB relating to the operation of the American Job Center network Participate in the operation of the Ame rican Job Center network consistent with the terms of the MOU requirements of authorizing laws and implementing regulations Federal cost principles and all other applicable legal requirements and Provide representation on the State WDB and Local WDBs as required and participate in Board committees as needed. The lead State official with primary responsibility for the c ore program partners must be represented on both the S tate and Local WDB s. While these entities are not required to serve on Local WDBs the Departments encourage them to have a voice in key Local WDB activities and notes that they are not precluded from serving on the Local WDB . For example the State entity for adult education and literacy activities may designate eligible providers to fulfill the role s and responsibilities of the required partner. Federal regulations at 20 CFR 679.320 d 1 require that at least one eligible provider of adult education and literacy activities under title II be on the Local WDB . A chief elected offic ial CEO may consider an eligible provider that has been designated to carry out roles and responsibilities of the one -stop partner from nominations for adult education and literacy membership on the Local WDB . Additional one -stop partners may include with the approval of the Local WDB and CEO s Social Security Administration employment and training programs i.e. Ticket to Work and Self Sufficiency programs Department of Agriculture s Supplemental Nutrition and Assistance Program SNAP employment a nd training programs the Client Assistance Program authorized under section 112 of the Rehabilitation Act of 1973 as amended by title IV of WIOA National and Community Service Act Programs employment and training programs carried out by the Small Busi ness Administration and other appropriate Federal State or local programs including but not limited to employment education or training programs such as those operated by libraries foundations community -based organizations or in the private secto r. Partnerships with the local mental health and transportation agencies also provide opportunities to complement and streamline supportive services through the American Job Center network. C. Career Services . The Joint WIOA Final Rule requires the pro vision of career services through the American Job Center network to support and empower customers in making informed decisions based on local and regional economic demand and in achieving their personal 13 employment and education goals 20 CFR 678.430 3 4 CFR 361.430 and 34 CFR 463.430 . All applicable career services must be made available i.e. provided in at least one comprehensive American Job Center in each local area. As stated in section 4.C. of this guidance t hese services also may be provid ed and accessed through one of the aforementioned method s. Some or all of the career services may also be available either at affiliated sites or specialized centers. Career services provide local areas and service providers with flexibility to target se rvices to the needs of the customer . For example a recently laid of f customer may only require local labor market information to prepare for a new job whereas an entry level worker may need a comprehensive assessment in order to establish a baseline for determining appropriate training options. There are three types of career services b asic career services individualized career services and follow -up career services . The distinction between basic career services and individualized career services is not intended to imply that there is a sequence of services which was eliminated under WIOA. Rather the distinction is to clarify that while basic career services are available to all participants individualized career services are available to partici pants after American Job Center staff have determined that such services are required to retain or obtain employment 1 Basic Career Services 20 CFR 678.430 a 34 CFR 361.430 a and 34 CFR 463.430 a At a minimum all of the basic career services de scribed in WIOA secs. 134 c 2 A i - xi and 20 CFR 678.430 a 34 CFR 361.430 a and 34 CFR 463.430 a must be provided in each local area through the one -stop delivery system. Basic career services must be made available and at a minimum must inc lude the following services Determinations of whether the individual is eligible to receive assistance from the adult dislocated worker or youth programs including co -enrollment among these programs Outreach intake including identification through the state s Worker Profiling and Reemployment Services system of Unemployment Insurance UI claimants likely to exhaust benefits and orientation to information and other services available through the one -stop delivery system . For the TANF program Sta tes must provide individuals with the opportunity to initiate an application for TANF assistance and non -assistance benefits and services which could be implemented through the provision of paper application forms or links to the application Web site Init ial assessment of skill levels including literacy numeracy and English language proficiency as well as aptitudes abilities including skills gaps and supportive service needs Labor exchange services including o Job search and placement assistance and when needed by an individual career counseling including the provision of information on in -demand industry sectors and occupations information on nontraditional employment information from career profiles and interest inventories and 14 Referrals to and coordination of activities with other programs and services including those within the American Job Center network and when appropriate other workforce development programs W orkforce and labor market employment information including accurate information relating to local regional and national labor market areas including o Job vacancy listings in labor market areas o Information on job skills necessary to obtain the vacant jobs listed o Information relating to local occupations in -demand an d the earnings skill requirements and opportunities for advancement for occupations in demand Provision of performance information and program cost information on eligible providers of training services by program and type of providers and workforce ser vices by program and type of providers Provision of information in usable and understandable formats and languages about how the local area is performing on local performance accountability measures as well as any additional performance information rel ating to the area s American Job Center network Provision of information in usable and understandable formats and languages relating to the availability of supportive services or assistance and appropriate referrals to those services and assistance in cluding child care child support medical or child health assistance available through the State s Medicaid program and Children s Health Insurance Program benefits under SNAP assistance through the earned income tax credit housing counseling and assi stance services sponsored through HUD 2 and assistance under a State program for TANF and other supportive services and transportation provided through other program s or agencies Assistance in establishing eligibility for financial aid assistance for tra ining and education programs not provided under WIOA and Provision of information and assistance regarding filing claims under UI programs including meaningful assistance to individuals seeking assistance in filing a claim o Meaningful assistance as described in Unemployment Insurance Program Letter UIPL 20 -15 and 20 CFR 678.430 34 CFR 361.430 and 34 CFR 463.430 means providing assistance as follows Only merit staff State government employees may in person at one -stop centers or remotely ans wer questions provide advice or make decisions that could affect claimants UI eligibility. However other one -stop staff may assist in claims by acceptance of information from claimants . If an individual in a one -stop center is referred to a telephone for UI claims assistance it must be a phone line dedicated to serving one -stop customers in a timely manner. Individuals must not simply be referred to a general information dial -in line with the state UI agency contact center where the individual is pla ced into a 2 HUD Approved Housing Counseling Agencies http www.hud.gov offices hsg sfh hcc hcs.cfm 15 phone queue along with all other claimants in the State. If the assistance is provided remotely using technology it must be a technology that enables trained staff to provide the assistance. Examples of technology that enables remote assistanc e include live W eb chat applications video conference applications or other similar technology. The costs associated in providing meaningful assistance may be paid for by the State s UI program the WIOA Adult or Dislocated Worker programs the Wagner -Pe yser Act ES or some combination of these programs . For purposes of the VR program basic career services may encompass some of the activities authorized under 34 CFR 361.48 b which must be provided under an individualized plan for employment for an elig ible individual with a disability e.g. assessments for determining VR needs . 2 Individualized Career Services 20 CFR 678.430 b 34 CFR 361.430 b and 34 CFR 463.430 b If one -stop center staff including designated partner program staff determ ine that individualized career services are necessary for an individual to obtain or retain employment these services must be made available to the individual. These services must be available in all comprehensive one -stop centers. American Job Center staff may use recent previous assessments by partner programs to determine if individualized career services are needed . Individualized career services include Comprehensive and specialized assessments of the skill levels and service needs of adults an d dislocated workers which may include o Diagnostic testing and use of other assessment tools and o In -depth interviewing and evaluation to identify employment barriers and appropriate employment goals Development of an individual employment plan to iden tify the employment goals achievement objectives and the combination of services for the participant to achieve his or her employment goals including the list of and information about eligible training providers Group counseling which involves two o r more participants addressing certain issues problems or situations that may be shared by the group members Individual counseling which is a one -on -one session that may go into greater detail for a participant regarding certain issues problems or si tuations Career planning e.g. case management see WIOA sec. 3 8 Short -term pre -vocational services including development of learning skills communication skills interviewing skills punctuality personal maintenance skills and professional conduc t services to prepare individuals for unsubsidized employment or training Internships and work experiences including transitional jobs that are linked to careers Workforce preparation activities see 34 CFR 463.34 16 Financial literacy services availab le through the WIOA title I youth program as described in WIOA sec. 129 b 2 D and 20 CFR part 681 including o Supporting the ability of participants to create household budgets initiate savings plans and make informed financial decisions about educati on retirement home ownership wealth building or other savings goals o Supporting the ability to manage spending credit and debt including credit card debt effectively Out -of-area job search assistance and relocation assistance and English languag e acquisition programs see 34 CFR 463.31 and integrated education and training programs see 34 CFR 463.35 . For purposes of the VR program and similar to basic career services individualized career services may encompass some of the activities author ized under 34 CFR 361.48 b which must be provided under an individualized plan for employment for an eligible individual with a disability e.g. vocational rehabilitation counseling and guidance vocational and other training services and rehabilitatio n technology . 3 Follow -up Career Services 20 CFR 678.430 c 34 CFR 361.430 c and 34 CFR 463.430 c Follow -up services must be provided as appropriate for Adult and Dislocated Worker program participants who are placed in unsubsidized employment for up to 12 months after the first day of employment. Counseling about the work place is an appropriate type of follow -up service. States and local areas should establish policies that define what are considered to be appropriate follow -up s ervices for the Adult and Dislocated Worker programs . Follow -up services do not extend the date of exit in performance reporting. For purposes of the VR program follow -up career services are similar to post -employment services as defined in 34 CFR 361. 5 c 42 and are provided subsequent to an individual with a disability achieving an employment outcome. Post -employment services under the VR program are necessary in assisting an individual with a disability in maintaining regaining or advancing in employment consistent with the individual s unique strengths resources priorities concerns abilities capabilities interests and informed choice. D. Business Services 20 CFR 678.435 34 CFR 361.435 and 34 CFR 463.435 The Joint WIOA Final Ru le requires the provision of business services through the American Job Center network to support a local workforce development system that meets the needs of businesses in the local area 20 CFR 678.435 34 CFR 361.435 and 34 CFR 463.435 . Through th e American Job Center s applicable one -stop partners develop offer and deliver quality business services that assist businesses and industry sectors in overcoming the challenges of recruiting retaining and developing talent for the regional economy. To support area employers and industry sectors most effectively American Job Center staff includ ing designated partner program staff must Have a clear understanding of industry skill needs 17 Identify appropriate strategies for assisting employers and coordinate business services activities across American Job Center partner programs as appropriate and Incorporate an integrated and aligned business services strategy among American Job Center partners to present a unified voice for the American Jo b Center in its communications with employers. Certain career services must be made available to local employers specifically labor exchange activities and labor market information as described in 20 CFR 678.430 a 4 ii and a 6 34 CFR 361.430 a 4 ii and a 6 and 34 CFR 463.430 a 4 ii and a 6 . Local areas must establish and develop relationships and networks with large and small employers and their intermediaries. Local areas also must develop convene or implement industry or sector partnerships. Customized business services may be provided to employers employer associations and other such organizations . These services are tailored for specific employers and may include Customized screening and referral of quali fied participa nts in career and training services to employers and Writing reviewing job descriptions and employee handbooks . Local areas may also provide other business services and implement strategies that meet the workforce development needs of area employers in accordance with partner programs statutory and regulatory requirements and consistent with Federal cost principles. Allowable activities include but are not limited to developing and implementing industry sector strategies including strategies involvi ng industry partnerships regional skills alliances industry skill panels and sectoral skills partnerships . WIOA also allows customized employer -related services to be provided on a fee -for - service basis. The joint regulations at 20 CFR 678.440 34 CF R 361.440 and 34 CFR 463 .440 clarif y that there is no requirement that a fee -for -service be charged to employers but there is no prohibition against doing so either. However no fee may be charged for the career services that must be made available to l ocal employers . The Local WDBs however should examine available resources and assets to determine an appropriate cost structure for those services for which it is permissible to charge a fee - for -service . The Departments consider a ny fees earned for the se services to be program income and the one -stop partners must expend the program income in accordance with the partner program s authorizing statute implementing regulations and Federal cost principles in the Uniform Guidance. More detailed informati on regarding specific business engagement strategies includ ing Rapid Response strateg ies and activities necessary to p lan for and respond as quickly as possible following an annou ncement of a permanent closure mass layoff or natural or other disaster w hich results in mass job loss and work -based training options i.e. incumbent worker training and Registered Apprenticeship will be further addressed in upcoming DOL program -specific guidance. 18 Note This is not an exhaustive list of business servi ces available through the American Job Center network but is meant to illustrate some of WIOA s flexibilities and services to improve business and employment opportunities . For example American Job Centers may offer rooms for interviewing provide human resource consultation services such as succession planning and staffing and retention assistance for small businesses and start - ups help employers develop career ladders within their organizations etc. 6. Memorandum of Understanding MOU . The MOU is an agreement developed and executed by the Local WDB and the one -stop partners with the agreement of CEO and the one -stop partners relating to the operation of the one -stop delivery system 20 CFR 678.500 34 CFR 361.500 and 34 CFR 463.500 . As the ma nagement of the American Job Center network is the shared responsibility of States Local WDB s elected officials the WIOA core programs the required one -stop partners as defined at 20 CFR 678.400 34 CFR 361.400 and 34 CFR 463.400 other entities tha t may serve as additional one -stop partners as defined at 20 CFR 678.410 34 CFR 361.410 and 34 CFR 463.410 and American Job Center operators the Departments expect local areas to use a collaborative and good -faith approach to negotiations and encoura ge all of these entities to work together in developing a n MOU that demonstrates the spirit and intent of WIOA thereby ensuring the successful integration and implementation of partner programs in American Job Center s. A. Types of Memorandum of Unders tanding To facilitate transparent and flexible agreements the Departments encourage L ocal WDB s to develop a single umbrella MOU that address es issues relat ed to the local American Job Center network its CEO and all partner s. Local WDBs with the agr eement of the CEO may still enter into separate agreements between each partner or groups of partners however t he aim of the umbrella MOU is to allow partner programs to focus on service delivery and not the process of negotiating several MOUs 20 CFR 678.50 5 a 34 CFR 361.505 a and 34 CFR 463.505 a . B. Key Elements of a Memorandum of Understanding . The MOU is the product of local discussion and negotiation. The Local WDB with the agreement of the CEO develops and enters into a signed MOU with the one -stop partners as described above . MOUs must at a minimum describe the services to be provided and contain agreement on funding the costs of services and the operating costs of the system as well as several other elements outlined in secti on 121 c of WIOA and 20 CFR 678.500 34 CFR 361.500 and 34 CFR 463.500 . The MOU must include the following Services The MOU must include a description of the services provided through the American Job Center network which include s the method or me ans of providing partner access to those services the frequency of program staff s physical presence in an affiliated site and how specialized one -stop centers as needed will be implemented . The MOU also must include a description of the coordinated d elivery of services in the system and methods for referring individuals between the one -stop operators and partners for appropriate services and activities . One -Stop Operating Budget The one -stop operating budget is the financial 19 plan that the one -sto p partners and Local WDB agree will be used to achieve the MOU s goals of delivering services in a local area. The MOU must contain among other things provisions describing how the costs of services provided by the one -stop system including career ser vices and other shared services and the operating costs of such system will be funded including the infrastructure costs for the one -stop system WIOA sec. 121 c 2 A . The one -stop operating budget may be considered the master budget that contains a set of individual budgets or components that consist of two types of costs that are specifically outlined in the statute infrastructure costs defined in WIOA sec. 121 h 4 and additional costs which consist of shared operating costs and shared servic es that are related to the operation of the one -stop delivery system but do not constitute infrastructure costs described in WIOA sec. 121 i . The information required to be included in the infrastructure funding agreement IFA is found in 20 CFR 678.7 55 34 CFR 361.755 and 34 CFR 463.755 and the information required for an interim IFA is described in 20 CFR 678.715 c 34 CFR 361.715 c and 34 CFR 463.715 c . The Departments will soon issue joint guidance providing more detailed information on one -stop operating costs. Access The MOU must include methods to ensure the needs of workers youth and individuals with barriers to employment including individuals with disabilities are addressed in providing access to services including access to tec hnology and materials available through the one -stop system . Referral The MOU must include methods for referral to appr opriate services and activities between one -stop operators and partner programs . Duration - The MOU must include provisions specifyin g its duration and the procedures for amending it. The MOU must contain assur ances that it will be reviewed and if substantial changes have occurred be renewed . The MOU must be renewed not less than once every three years. Other Contributors - The MO U must also include contributions made to the one -stop system through other avenues such as donations made by a non -partner entity e.g. a local business donating computers for a learning lab . Third -party in-kind contributions made to supplement the op eration of the American Job Center must also be documented. Modification process - The MOU must include a description of the process for amending it. See section C. below . Signatories The MOU must contain signatures of the CEO Local WDB director and authorized representatives of each partner program. Appeals - If a one -stop partner s appeal to the State regarding infrastructure costs results in a change to the one -stop partner s infrastructure cost contributions the MOU must be updated to reflect the final one -stop partner infrastructure cost contributions . C. Modification of the Memorandum of Understanding . The joint regulations at 20 CFR 20 678.500 b 5 34 CFR 361.500 b 5 and 34 CFR 463.500 b 5 require the MOU to contain a description o f the procedures for amending it. Further 20 CFR 678.500 b 6 34 CFR 361.500 b 6 and 34 CFR 463 .500 b 6 require renewal of the MOU in certain circumstances. Renewal of an MOU requires all parties to review and agree to all elements of the MOU and re- sign the MOU. Amendment or modification of the MOU only requires the parties to review and agree to the elements of the MOU that changed. Just as t he Departments expect local areas to use a collaborative and good -faith approach with respect to negotia ting the development of the MOU the same is expected with respect to its modifications. Non -substantive changes to the MOU such as minor revisions to the budget or adjustments made due to the annual reconciliation of the budget do not require renewal of the MOU . These changes may occur through the local MOU amendment procedures established at the local l evel 20 CFR 678.500 b 5 34 CFR 361.500 b 5 and 34 CFR 463.500 b 5 . S ubstantial changes such as changes in one -stop partners or a change du e to the election of a new CEO will require renewal of the MOU 20 CFR 678.500 b 6 d and e 34 CFR 361.500 b 6 d and e and 34 CFR 463.500 b 6 d and e . A change to the MOU due to the election of a new CEO would ensure that th e newly - elected official is aware of the local one -stop partners as well as the terms and conditions of the MOU . When the local area has created a new IFA the MOU must be updated in accordance with 20 CFR 678.500 e 34 CFR 361.500 e and 34 CFR 463.50 0 e . For example a partner s appeal to the State regarding infrastructure costs that results in a change to the one -stop partner s infrastructure cost contributions requires updating the MOU. Updating the MOU does not require renewal of the MOU. 7. One -Stop Operator Competition . A one -stop operator is the entity or consortium of entities that coordinates the service delivery of required one -stop partners and service providers and that is selected consistent with the requirements of section 121 d of WIOA 20 CFR 678.600 through 678. 635 34 CFR 361.600 through 361.635 34 CFR 463.600 through 463.635 . WIOA requires the selection of a one -stop operator through a competitive process consistent with the Uniform Guidance . Competition provides the bes t method of ensuring that L ocal WDBs examine operator effectiveness on a periodic basis. Additionally regular competition allows L ocal WDBs to make improvements based on their one -stop certification process particularly in regards to the role of the ope rator and other service delivery performance and performance metrics that may shift or change as one -stop partners and the L ocal WDBs update their MOUs. The Joint WIOA Final Rule requires that States follow the same policies and procedures they use for procurement with non -Federal funds and requires L ocal WDBs to use a competitive process consistent with the Uniform Guidance at 2 CFR part 200 including the DOL -specific requirements at 2 CFR part 2900 and the Local WDBs local procurement policies and procedures that are consistent with the Uniform Guidance . The Uniform Guidance may be found here http www.ecfr.gov . Additionally the Joint WIOA Final Rule requires that a competitive process be conducted at least o nce every four years. The requirement to use a competitive process for one -stop operator selection is found in section 121 d 2 A of WIOA . W hile the L ocal WDB must select the one -stop operator through a competitive process at least once every four year s a State may require or a L ocal WDB may choose to implement a 21 competitive selection process more often than once every four years. DOL will soon issue guidance providing more detailed information on the one -stop competition requirements . 8. One -Stop Operating Costs . The one -stop operating budget consists of two types of costs -- infrastructure costs and additional costs which must include career services and may include other shared costs and shared services . WIOA introduced mandatory funding agr eements with particularly detailed requirements for the funding o f infrastructure costs 20 CFR 678.700 34 CFR 361.700 and 34 CFR 463.700 . To help the local areas develop their infrastructure costs budgets the Governor is required to issue guidance o n one -stop infrastructure funding . Infrastructure costs are defined as non -personnel costs necessary for general American Job Center operations including facility rentals utilities and maintenance equipment including assessment -related products and as sistive technology for individuals with disabilities and technology to facilitate access to the American Job Center including planning and outreach and may include costs associated with the common identifier i.e. American Job Center signage and sup plies as defined in the Uniform Guidance at 2 CFR 200.94 to support the general operation of the one -stop center. This list is not exhaustive. All one -stop partner programs are required to contribute to the infrastructure costs and certain additional costs of the one -stop delivery system in proportion to their use and relative benefits received as required in 20 CFR 678.700 and 678.760 34 CFR 361.700 and 361.760 and 34 CFR 463.700 and 463.760 . The sharing and allocation of infrastructure costs bet ween one - stop partners is governed by WIOA sec. 121 h Native American programs are not required to contribute to infrastructure funding but as required one -stop partners they are encouraged to contribute. Any agreement regarding the contribution or non -contribution to infrastructure funding by Native American programs must be recorded in the signed MOU WIOA sec. 121 h 2 D iv . The Departments will soon issue joint guidance providing more detailed information on one - stop operating costs. 9. American Job Center Certification . WIOA requires the S tate WD B in consultation with CEOs and L ocal WDB s to establish objective criteria and procedures to use when certifying its American Job Centers 20 CFR 678.800 34 CFR 361.800 and 34 CFR 463.800 . The certification process establishes a minimum level of quality and consistency of services in American Job Centers across a State . The certification criteria allow States to set standard expectations for customer -focused seamless services from a netw ork of employment training and related services that help individuals overcome barriers to obtaining and maintaining employment . The S tate WDB must establish objective criteria and procedures for the Local WDB s to use in evaluat ing the effectiveness p hysical and programmatic accessibility and continuous improvement of American Job Centers . L ocal WDBs must follow procedures and criteria established by the State WDB and certify its American Job C enters and its American Job Center network at least once every three years 20 CFR 678.800 34 CFR 361.800 and 34 CFR 463.800 this i ncludes comprehensive as well as affiliat e American Job Centers . Local WDBs may establish additional criteria relating to service coordination achieved by the one - stop delivery system . For example this may include establishing more flexible business hours to meet the range of customer needs or increasing staff competencies to promote higher level 22 service coordination to more vulnerable populations. Both the S tate WDB and L oca l WDB must review and update the criteria every two years as part of the review and modification of the State and local planning process. The Departments expect that all local area core program partners will complete the certification process using the State -developed criteria and procedures by the end of Program Year PY 2016 June 30 2017 . A. Example of One -Stop American Job Center Certification Criteria . The joint regulations at 20 CFR 678.800 34 CFR 361.800 and 34 CFR 463.800 describe the specific requirements for the certification process . The Departments will not issu e further requirements for certification and will not issu e a single national certification checklist. However below are some previously -used criteria that might guide the develop ment of WIOA one -stop certification standards The use of customer -focused processes such as integrated and expert welcoming and intake for all customers who enter the American Job Center that consider how front -desk staff and counselors provide seamless and coordinated customer - centered services. The frequency and quality of cross -training from differing programs to share expertise about integrated customer flow needs of specific populations business engagement expertise or understanding of different programs offered in the American Job Center and in the community. The extent to which staff members can work together across programs on similar functions. Regular processes for examining what processes are in place for identifying and responding to tech nical assistance needs. Regular processes of continuing professional staff development to promote high quality staffing. The extent to which systems are in place to capture and respond to specific customer feedback. B. Physical and Programmatic Accessibilit y. Evaluations of physical and programmatic accessibility must include how well the American Job Center ensures equal opportunity for individuals with disabilities to participate in or benefit from American Job Center services. Physical accessibility ref ers to the extent to which facilities are designed constructed or altered so they are accessible and usable by individuals with disabilities. Evaluations of physical accessibility should take into account both external accessibility and internal accessi bility. For example evaluations of external accessibility could include a review of the availability of transportation to th e American Job Center and access into the site locatio n via ramps consistent with the Americans with Disabilities Act s ADA stan dards . On the other hand an evaluation of internal accessibility could include a review of the center s access to bathrooms adjustable work stations and appropriate signage including signage to meet multilingual needs common to the specific region of the State . Programmatic accessibility refers to the extent to which the full range of services is available to all one -stop customers regardless of disability or cultural background . The 23 implementing regulations of s ection 188 of WIOA require that Amer ican Job Centers provide programmatic accessibility. As such American Job Center s must provide reasonable accom modations for individuals with disabilities administer programs in the most integrated setting appropriate communicate with persons with disab ilities as effectively as with others and provide appropriate auxiliary aids or services 29 CFR 38 .7-38.9 . The evaluations of effectiveness must include criteria evaluating how well the centers and delivery systems take actions to comply with disabili ty-related regulations implementing WIOA section 188. In addition to ensuring compliance with WIOA and the ADA accessible American Job Centers maximize usage by and benefit all customers. The use of universal design and human -centered design often ben efit all customers accessing services. For example closed captioning provides a critical link to information for individuals who are deaf or hard -of-hearing but can also be a link for those without deafness sitting in the same noisy lobby to get updates . For additional exemplary customer service and service design principles and resources on accessibility see DOL s Training and Employment Notice TEN No. 01 -15 Promising Practices in Achieving Universal Access and Equal Opportunity A Section 188 Dis ability Reference Guide 3 and ETA s Disability and Employment Community of Practice. 4 Also see the evaluation of American Job Center accessibility 20 CFR 678.800 34 CFR 361.800 and 34 CFR 463.800 . 10 . Common Identifier . Section 121 e 4 of WIOA requires each one -stop delivery system to use a common identifier on all products programs activities services electronic resources facilities and related property and new materials . States and local areas are also permitted to use any State - or loc ally -developed identifier . The Departments established the American Job Center network a unifying name and brand that identifies online and in -person workforce development services as part of a single network of public ly-funded service s 20 CFR 678. 900 34 CFR 361.900 and 34 CFR 463.900 . The one -stop delivery system must use either that common identifier as its name or use the tag line phrase a proud partner of the American Job Center network. Either the plain text or one of the logos may be used. If a logo is used it must be used in accordance with the guidelines contained in the Graphics Style Guide for Partners and with the terms of use for the logos all of which are available at https www.dol.g ov ajc . DOL provide s a toolkit on the https www.dol.gov ajc and on the Innovation and Opportunity Network ION https ion.workforcegps.org resources 2016 09 30 12 11 AJC - Common -Identifier -and -Branding so that states and local areas can proactively identify one - 3 For additional information visit http wdr.doleta.gov directives corr doc.cfm DOCN 3182 . The direct link to the Disability Reference Guide is located at https www.dol.gov oasam programs crc Sec tion188Guide.pdf https www.dol.gov oasam programs crc Section188 Guide.pdf . 4 For additional information visit https disabili ty.workforcegps.org . 24 stop centers as American Job Centers in outreach materials Web sites and ot her communications. The toolkit can be used as an easy way for job seekers and employers to locate recognize and access workforce development services and are appropriate for physical one -stop centers or W eb sites . DOL announced t he American Job Center brand first in Training and Employment Guidance Letter No. 36 -11 available at http wdr.doleta.gov directives corr doc.cfm DOCN 7695 and DOL and ED required its use in the Joint WI OA Final Rule 20 CFR 678.900 34 CFR 361.900 and 34 CFR 463.900 . Key Dates The timeframe for adopting the required rebranding varies depending on the type of material. The Joint WIOA Final Rule at 20 CFR 678.900 b 34 CFR 361.900 b and 34 CFR 463 .900 b requires As of November 17 2016 each one -stop delivery system must include the American Job Center identifier or a proud partner of the American Job Center network on all primary electronic resources used by the one -stop delivery system an d on any newly printed purchased or created materials. The Joint WIOA Final Rule at 20 CFR 678.900 c 34 CFR 361.900 c and 34 CFR 463.900 c further requires as of July 1 2017 each one -stop delivery system must include the American Job Center identifier or a proud partner of the American Job Center network on all products programs activities services electronic resources facilities and related property and new materials used in the one -stop delivery system. Finally as the Departments stated in the Preamble to the Joint WIOA Final Rule T he Departments will not object if the one -stop centers continue to use materials not using the American Job Center branding which are created before November 17 2016 until those supplies are exha usted. 11 . Action Requested . State agencies State WDBs L ocal WDBs and one -stop partner programs must follow the requirements described in this guidance consistent with the specific requirements of the partner programs statutory authority as they develop their policies and procedures related to the operation of the one -stop service delivery system. 12. Inquiries . Please direct questions and comments regarding this guidance to the appropriate ETA regional or national office or through the ETA e mail address established for this purpose DOL.WIOA dol.gov . ETA monitors this account daily and may respond to inquiries directly or through general communications such as official guidance webinars and public Q A documents. Questions and comments from ED -funded grantees may be directed to the appropriate RSA State Liaison or OCTAE Area Coordinator. 13. Attachments . Attachment I References Attachment II Coordination with Partner Programs