III.   Assessment

  1. Market Analysis

    1. Key economic trends over next five years

      The economic trends outlined below have shaped New York State's economy in recent years and will continue to exert a great deal of influence on the economy in the next five years.

      1. Ongoing structural change in the economy

        1. Continuing growth in the services industries

          • Services industries will continue to be the largest and fastest growing segment of the State's economy. Between 1990 and 1998, total services employment increased by 422,000, or 17.8 percent. Over this period, the fastest growing services industries were business, health, education and social services, all of which increased employment by 20 percent or more. This group will continue to be among the fastest growing services industries over the next five years.

          • computer- and health-related fields are expected to provide some of the fastest growing occupations in New York. The new media industry, which is comprised of computer-related enterprises such as Internet services, software developers for personal computers, multimedia and video games, and web site development, is also expected to generate a significant number of high-paying jobs. The aging of the 5.3 million Baby Boomers living in New York State, will lead to the need for a large increase in the number of trained health professionals.

          • Employment in the construction field has grown strongly over the last five years. The gain from 1998-1999 was the largest during that period.

        2. Manufacturing

          Despite many changes, the factory sector remains an important part of New York's economy. In an environment of increased global competition, New York's manufacturers will need workers who are rich in skills and able to learn new skills and new procedures as technologies emerge.

      2. The changing workplace

        Technology has and will continue to transform the workplace. Computer usage is nearly universal in almost all industries. The rapid expansion of e-commerce and information technologies will accelerate this trend.

      3. Population

        New York's population has remained relatively stable. The influx of foreign-born persons will continue.

      4. Changing composition of the labor force

        The New York labor force will include more women and more multi-cultural persons in the next five years. In addition, New York's labor force participation rate will rise as many persons enter the workforce for the first time. Many of these first-timers will lack the skills that employers need. Ongoing welfare reform efforts and foreign immigration will contribute to labor force growth.

    2. Implications of trends

      To minimize future labor shortages, it will be necessary to provide training for those in New York who cannot otherwise acquire suitable employment. Training will be especially important since New York's working-age population is expected to grow slowly. Workers, including incumbent workers, unemployed workers, displaced workers, and new entrants to the labor force, will require labor market information about available and emerging employment and training opportunities and opportunities for high wage, high skill employment.

      Local Workforce Investment Boards (LWIBs) will need information about occupations in demand to help them identify employers' training needs.

      Many new labor force entrants, including former public assistance recipients and recent immigrants, will require training in basic literacy (e.g., English as a second language), social, or job-specific skills.

      Upgrading the skills of incumbent workers will be required to keep New York State businesses competitive, minimize worker underemployment, and to keep pace with technological change.

      Worker training should reflect the increased use of technology and computer skills throughout nearly all industries.

      The workforce development needs of New York businesses, including those in emerging industries and key cluster industries, periodically should be identified via surveys. Accurate and timely identification of training needs will help LWIBs to provide the training required by local businesses.

      Creative skills related to the advertising field will be in demand. The State will need persons skilled in computer programming, data processing, and cutting edge computer-related fields. Skills in many health care fields will be in demand as the population ages and requires greater levels of health services. Individuals with skills in the construction trades and machine trades should have little trouble finding jobs. Teachers and trainers will be in demand as long-time teachers retire in great numbers and the workplace increasingly requires that workers learn new skills throughout their working lives. Social services workers will be in demand as well.

    3. Projected skill development needs

      Skill development will vary widely. There are three types of skills: work-readiness or social skills, basic educational skills, and job-related occupational skills. Examples of work-readiness or social skills include coming to work on time, dressing appropriately, and getting along with others. Examples of basic educational skills include reading, writing and math. Examples of job-related occupational skills include how to wire an electrical outlet, how to paint a car, and how to create a web page. Workers with no work experience and no high school diploma may need basic skill training, including literacy training.

      Basic and work-readiness skills development may be appropriate for customers with no work experience, an inadequate education, and a lack of work-readiness skills. Job specific training will be provided to customers who have basic and work- readiness skills, but lack all the job-specific skills needed to work in a demand occupation. For example, job-specific skill development would be appropriate for incumbent workers who need to update their technical skills to meet the new skill requirements of their current job.

      The projected skill development needs of customer segments vary according to the skills they possess when they access the Workforce Development System. There are a number of customer segments, including, but not limited to, dislocated workers, public assistance recipients, older workers, veterans, migrant and seasonal farm workers, Native Americans, persons with disabilities, women, minorities, businesses and youths.

      Individuals in each of these customer segments may need help finding and interpreting labor market/career information and planning and executing a job search. The table below shows which customer segments are most likely to require work-readiness, basic educational, and job-related occupational skills.

      Work Readiness Skills
      Public Assistance Recipients
      Youth

      Basic Skills
      Public Assistance Recipients
      Seasonal Farm Workers
      Speakers of Foreign Languages
      Youth

      Job-Related Occupational Skills
      Dislocated Workers
      Older Workers
      UI Recipients
      Youth

  2. State Readiness Analysis

    1. Leadership

      1. State Workforce Investment Board

        1. Describe the organization and structure of the State Workforce Investment Board. New board? Or “grandfathered-in” existing board? 111, 112(b)(1)

          New York State created a new board pursuant to legislation passed by both houses of the State Legislature and signed into law by Governor Pataki on November 10, 1999 (Senate Bill 3-B) in compliance with federal Workforce Investment Act requirements. This legislation defines the composition of the board, designates the New York State Department of Labor as the lead agency in WIA implementation, and stipulates that the State Department of Labor will provide staffing to the board. The Department will coordinate the necessary programmatic support for the Board through its Workforce Development & Training Division.

        2. Identify organizations or entities represented on the Board 111(a-c), 111(e), 112(b)(1)

          Per Section 111(b)(1), the Governor adhered to the requirements of this section to appoint the members of the State Board, including but not limited to the following:

          • 2 members of each chamber of the State legislature were appointed by the presiding officers of each chamber;
          • chief elected officials (representing both cities and counties, where appropriate), were appointed by the Governor based on the nominees' interest in workforce development issues;
          • 4 representatives of labor organizations, nominated by the NYS AFL-CIO, were appointed by the Governor;
          • 1 representative that has experience with respect to youth activities was nominated by youth organizations;
          • 2 representative that have experience and expertise in the delivery of workforce investment activities including CEOs of community colleges and CBOs within the state were nominated by the State University system and organizations representing a variety of CBO interests respectively;
          • 5 representatives of the lead State agencies with official responsibility for the programs and activities that are described in section 121(b)—
          • State WIA designated agency, Wagner Peyser, Welfare to Work, Veterans Employment, Trade Act, Unemployment Insurance programs are represented by State Department of Labor;
          • Activities under title V of the Older Americans Act of 1965 and employment and training activities under the Community Services Block Grant Act are represented by the Governor and his Office of State Operations, as these functions fall within the Executive Department;
          • Adult education and literacy activities under title II, Perkins Vocational and Applied Technology Education Act are represented by the State Education Department;
          • Programs authorized under title I of the Rehabilitation Act of 1973, represented by the State Education Department and Office of Children and Families Services;
          • HUD Employment and Training Activities are not administered at the state level, therefore, no representative is required nor necessary.

          State Board is composed of 41 members drawn from a cross-section of New York's industries and constituencies. Non-business members on the board include four representatives nominated by organized labor, two local chief elected officials, four representatives from the State legislature (two from each house), a community college president, and three representatives from community-based organizations (two of which are involved in youth activities). Board members were selected based on their level of experience in delivering workforce development services and their desire to create a seamless service delivery system. Close attention was paid to securing a diverse group of individuals representing the various sectors in New York State: urban, rural, suburban. In addition, because NY has two direct grant recipients of funds under Title 1 of the Vocation Rehabilitation Act of 1973, the Commissioners of both State agencies were selected as ex-officio members of the State Board. The Governor, along with three commissioners from his executive branch, and the Commissioner of Education (who is responsible to New York's Board of Regents), complete the non-business membership on the board.

          Governor's Appointments Office received over two hundred requests from CBOs, not-for-profit providers, and educators seeking appointment to the State Board. Selections for membership on the Board were based on qualifications, interest in developing a truly comprehensive system, and level of contribution to the development of the Design Team Report.

          State Education Department and the Office of Children and Family Services, are the umbrella agencies that oversee the State Vocational Rehabilitation Agency (VESID) and the State Commission for the Blind and Visually Handicapped, respectively. The Commissioner of the State Education Department, Richard Mills, and the Commissioner of the Office of Children and Family Services, John Johnson, have ultimate oversight of these programs and therefore will be responsible for effectively representing the interests, needs and priorities of these programs on the State Board. By ensuring that appropriate accommodations are available to deliver core, intensive and training services to individuals with disabilities, the employment and training needs of these individuals will be met.

          Client Assistance Program (CAP) in New York State is administered through the NYS Commission on Quality of Care for the Mentally Disabled (CQC). CAP is required under the Rehabilitation Act Amendments of 1984 (P.L. 98-221) and is intended to provide legal and non-legal services to protect the rights of persons receiving services under the Rehabilitation Act. The CQC is directly within the Executive Department; thus, CAP, within CQC, will be represented on the State Board by the Governor or his representative. NYSDOL is working with the Commission to assure that the interests of the special needs population are addressed within the context of local system building. In late October NYSDOL staff briefed the CAP audience on local MOUs, the integration of services, and how their role as an advocacy entity can be enhanced through providing the system with relevant data on customer needs.

          New York State's Workforce Investment Board has two members representing youth activities, both of whom were appointed in accordance with federal and state law. They are Amalia Betanzos, of the Wildcat Service Corporation, and Dr. Sherryl Weems, of the Educational Opportunity Center.

          There is no state lead agency for HUD employment and training activities in New York State. These funds flow directly to local areas. Dr. Sherryl Weems, a State Board member, has operated several HUD employment and training programs in her capacity at the Educational Opportunity Center, and will represent those issues on the State Board.

          New York State's governmental activities are vested in twenty departments. Of these twenty departments, three have elective executives. They are the Executive, which is under the supervision of the Governor; the Department of Audit and Control, with the State Comptroller in charge, and the Department of Law, which is under the direction of the Attorney General. The heads of all other departments, with the exception of the Commissioner of Education, are appointed by the Governor with the advice and consent of the Senate. These programs CAP, Title V, Community Service Block Grant fall within the Executive Department. The Governor's Office of State Operations is responsible for the day to day direction of all entities within the Executive Department, which includes these programs. Thus, their interests will be represented by the Governor or the Governor's designee to the State Board. The Governor directly appoints these individuals on an “at will” basis and the Office of State Operations is the formal contact point between the agency heads and the Governor. Additionally each of these programs is part of the state-level Memorandum of Understanding. This MOU provides for a state-level partners roundtable which meets monthly and where program issues are identified and addressed.

        3. Describe the process New York used to identify its State Board members. Please indicate how the Office of the Governor and One-Stop partner programs are represented on the State Board. In addition, please indicate if business members constitute a majority of the State Board. How did NY select Board members, including business representatives who have optimum policy-making authority and who represent diverse regions of New York as required by WIA? Include how the Board's membership enables New York to achieve its vision, as described above. 111 (a-c), 112(b)(1)

          As defined in federal law, Governor Pataki is a member of the State Workforce Investment Board (SWIB). In his absence, Mr. William Howard, Deputy Secretary for State Operations, will represent the governor. All One-Stop partner programs are represented on the State Board by the Commissioners of the State-level umbrella agencies that oversee their programs or by the representatives of the Community Based Organizations (CBO). The agencies include: NYS Department of Education, NYS Department of Labor, Empire State Development, NYS Department of Family Assistance- Office of Children and Family Services (hereafter referred to as the Office of Children and Family Services) and the State University of New York. The CBOs that have representatives on the Board are the Consortium for Worker Education and the Wildcat Service Corporation. Additionally, Dr. Sherryl D. Weems, the Director of the Educational Opportunity Center in Buffalo, will represent youth issues on the State Board.

          Pursuant to both the federal and state-enabling legislation, business representation on the Board was secured from an array of sources. Statewide organizations representing various sectors of the economy were canvassed for potential representatives. Those organizations included the Business Council of New York State, the Manufacturing Association of Central New York, the Retail Council of New York State, the National Federation of Independent Business, the General Building Contractors of New York, the New York State Food Merchants Association, and the New York Farm Bureau. Business members on the State Board represent all regions of New York State, and all of New York's critical economic sectors: manufacturing, agriculture, high technology, hospitality and tourism, health care, telecommunications, transportation, construction, energy, and retail. The board member selection process paid critical attention to ensure both geographic representation as well as industry representation.

          Many of the business representatives on the State Board have responsibilities that are statewide in focus. A number are CEOs of their companies; several also have multi-state workforce responsibilities. The review and final appointment process, which included thorough background checks and personal interviews, ensured that all business members have optimum policy-making authority.

          Board members who represent the cross-section of New York's economy are well positioned to assist in achieving the vision articulated in Section II. Members bring a wealth of experience in business practice and commitment to workforce development issues. The implementation of our vision will be greatly aided by the practical, hands-on experience these individuals have, especially as they identify and work through the many barriers they have encountered with the fragmented system as it existed. Many of these members have shunned government-funded programs in the past but saw an opportunity with the creation of a new board to assist in building a system that will meet their needs while assisting all New Yorkers to achieve the goal of economic self-sufficiency.

          Business members constitute a majority of the State Board (presently 19 of 37).

        4. Describe how the State Board will carry out its functions. Include how the State Board is carrying out its function of assisting the Governor in reviewing local plans and how this Board will provide direction setting leadership for the statewide system? 111(d), 112(b)(1)

          Per section 111(d)(2)(A), the State Board shall assist the Governor in the development and continuous improvement of a statewide system of activities that are funded under this subtitle…including (B) review of local plans. Article 24a of the State Labor Law requires the State Board to assist the governor in fulfilling the requirements of the Workforce Investment Act, including the review of local plans. The State Law further requires the NYSDOL, as the Governor's designated WIA agency, to serve as the staff to the State Workforce Investment Board. In this capacity, the NYSDOL is reviewing and preparing summations of local plans for the State Workforce Investment Board deliberations, in the context of system continuous improvement, as defined in federal law.

          By statute, the Board must meet quarterly, at a minimum. It is anticipated that the Board meetings will be held more frequently until full implementation of the Workforce Investment Act is attained and in an effort to further develop and implement the strategic five year plan. The Board will assist the Governor in identifying innovative statewide activities for potential incumbent worker projects. Additionally, the Board in conjunction with the Governor will establish policies that will provide localities with the greatest amount of flexibility necessary to utilize the Workforce Investment Act as an economic development tool. Economic development and economic self-sufficiency are strategically linked goals and the Board intends to use its collective experience to provide guidance to the development of the statewide system. The assistance of the Commissioners from the most critical state-level partners will be essential as they work with their respective agencies to carry out the Board's mission.

        5. How will the State Board coordinate and interact with the local Workforce Investment Boards? 112(b)(1)

          The Board will utilize all means of communication to achieve and maintain an open dialogue with local boards: written, electronic, verbal and video. Board policies will be posted on the State's workforce development website (www.wdsny.org). Additionally, seminars, retreats and special conferences may be convened for all board members to ensure continuity as the State's vision is implemented.

        6. Please indicate specifically how members of the public will be made aware of State Board meetings and obtain information on Board activities (including people with disabilities). Please provide specific information on how people with disabilities will obtain information on State Board meetings in 'accessible formats'.

          The State Board will ensure that the public (including people with disabilities) has access to Board meetings and information regarding State Board activities, including membership and meeting minutes as affirmed in Assurance #19. State Board meetings will follow New York State's Open Meetings Law and the sunshine provisions of article 24a of the State Labor Law.

          Information on State Board meetings is made available through all media outlets, including print, television, radio and electronic. Additionally, information is posted on the State's workforce development website (www.wdsny.org).

          State Board Assurances can be found in Section VI. "Assurances".

      2. Conflict of Interest

        The New York State Department of State and the New York State Ethics Commission established a standard of conduct for officers and employees in State service. The standard pertaining to Conflict of Interest indicates that an officer or employee may not engage in activities that would create or appear to create a conflict with their public duties. Using this as a guide, the State has created a policy statement pertaining to the State Workforce Investment Board (SWIB).

        A member of the SWIB may not (a) vote on a matter under consideration by the SWIB (i) regarding the provision of services by such member or by an entity that such member represents; or (ii) that would provide direct financial benefit to such member or the immediate family of such member; or (b) engage in any other activity determined by the Governor to constitute a conflict of interest.

        Finally, while it is acknowledged that the majority of the SWIB is representative of the private sector business community and does not represent any particular State agency or Division, it is understood that they are serving on a board which represents the interests of the public in relation to workforce development. Therefore, each SWIB member should endeavor to pursue a course of conduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation of their public trust.

        The document providing the Local Board Appointment Criteria for New York State also requires that each LWIB establish by-laws that address conflict of interest procedures. Guidelines published by the State for completion of the Comprehensive Five-Year Local Plans call for a description of the process for dealing with actual and perceived conflicts of interest. A copy of the by-laws of the LWIB is required as an attachment to the local plan.

      3. Criteria established by NY for the CEOs in the Local Areas to use for Local Board member appointment in accordance with Section 117. 112(b)(6), 117(b) of WIA. How will CAP be represented on local Boards, and involved with the One-Stop Centers? Please provide information on CAP representation in the workforce development system.

        New York State has provided Chief Elected Officials in the Local Areas with criteria for appointment of members of the LWIBs. These criteria and the review/certification process for LWIB composition, assure compliance with both the statutory composition requirements [Sec. 117(b)] and related State policy.

        The law provides that the chief elected official at the local level selects representation of various one-stop partners on the local board. The law requires the business representatives of local boards to be nominated by business organizations and the labor representatives to be nominated by their central labor councils. All other members of the board are appointed at the discretion of the chief elected official.

        Nominations of business representatives must be sought from two or more local business organizations or trade associations. Appointments must be made of the “highest-level” private sector business representatives and should reflect local business and community demographics. The State encourages inclusion of representatives from high-tech, growing and emerging businesses. The criteria encourage the appointment of representatives who have an interest and background in youth issues for possible appointment to the Youth Council.

        With the cooperation of organized labor, including the AFL-CIO, NYS anticipates adequate nominations from local labor federations to meet the requirements of at least two such representatives on each LWIB. The State requires that, in the selection of representatives of community-based organizations, special consideration be given to including representatives of organizations representing individuals with disabilities, veterans and other populations that may have a significant presence in the Local Area. Local Board appointment criteria also call for staggered terms of office in order to ensure the continuity and stability required for successful Board operation.

        A copy of the complete “Local Board Appointment Criteria” is attached as “Attachment B.”

        Section 121(b)(1) of WIA lists the required One-Stop partners, all of whom have membership on the local board. Section 662.220 of the Regulations defines who shall serve as the One-Stop partner for a specified program in the local area. Consistent with federal law and regulations, the local chief elected official designates who will represent programs funded under Title I of the Vocational Rehabilitation Act. If CAP is not selected by the local chief elected official to represent vocational rehabilitation interests on the local board, it will be incumbent upon that entity to establish a communication network between and among the respective entities providing services to the vocational rehabilitation community. Federal law, nor state guidance on local board membership, does not permit for a process which would entitle the CAP to be chosen as the vocational rehabilitation representative. The law permits one seat to be represented by the vocational rehabilitation programs and as New York State has more than one 'lead' agency in this respect, strong lines of communication will have to be established among VESID, the Commission on the Blind & Visually Handicapped and the Client Assistance Program. NYSDOL will be working with all parties involved to ensure that the lines of communication are established and maintained.

        In New York State, there are two designated state agencies, the State Education Department (Vocational Education Services for Individuals with Disabilities) and the Department of Family Assistance (Commission on the Blind and Visually Handicapped). Both are represented on the State Workforce Investment Board and vocational rehabilitation issues are represented on all local boards.

        III.B.1.c

        Is local board representation required for the CAP?

        The WIA statute stipulates that programs under Title I of the Vocational Rehabilitation Act are a mandatory partner. Section 662.200(4) of the Regulations goes beyond the scope of the law to stipulate “Vocational rehabilitation programs authorized under parts A and B of Title I of the Rehabilitation Act…”. State guidance to local areas indicated that vocational rehabilitation programs were a mandatory partner at the local level and representation from vocational rehabilitation programs exists on all local boards. It is the choice of the local chief elected official who will represent vocational rehabilitation programs on the local board from among the programs within Title I of the Rehabilitation Act.

        The State will extend an invitation to CAP to join the State Partners Table, offer guidance to local boards on the involvement and value of CAP as a resource, and provide a list of the CAP partners to local workforce area contacts and on the NYS Workforce Development website.

      4. Allocation formulas

        1. Equitable distribution

          New York State will use the standard youth formula allocation, complying with WIA Section 128(b)(l) and 128(b)(2)(A)(i) and will use the standard adult formula allocation, complying with Section 133 (b).

          The State will allocate 85 percent of its Adult and Youth allotments to local Workforce Investment Areas. The chart below shows the allocation factors and their weights.

          The State will allocate adult and youth funds using the hold-harmless provisions of the law, and as authorized by the Secretary of Labor, so that every Local Area will receive an allocation percentage that is at least 90 percent of its average allocation percentages for the two preceding years. For Program Year 2000, the percentages for the two preceding years will be based on the JTPA formula allocations in Program Years 1998 and 1999. The hold-harmless shares for the four newly designated areas will be based on their share of the funds received by their former Service Delivery Areas. These are Tompkins County, Broome/Tioga, Dutchess County and the Balance of Putnam/Westchester County. The hold-harmless shares for Monroe County will be based on the sum of the shares of the former Rochester City and Balance of Monroe County Service Delivery Areas.

        2. Describe NY's allocation formula for dislocated worker funds. (Provide an explanation if the state opted to use other information sources to omit any of the information sources in Section 133 (b)(2)(B)(ii), the information sources required by the Act). 112(b)(12)(c), 133 (b)(2)(B)

          State will allocate WIA funds for services to dislocated workers in accordance with WIA Section 133(b). The State will allocate 60 percent of its Dislocated Worker allotment to local Workforce Investment Areas. The allocation formula is the formula specified in the State's Worker Adjustment Assistance Act enacted for the JTPA EDWAA Program. The State may be considering modifications to the formula. The chart below shows the allocation factors and their weights.

        3. For each funding stream include a chart that identifies the formula allocation to each Local Area for the first fiscal year. Provide a description of the State Board involvement in determining the allocation formulas.

          The attached chart that follows shows the PY 2000 allocations for local Workforce Investment Areas for the Adult, Youth and Dislocated Worker programs. Allocation formulas were discussed at some length at the first meeting of the State Board. The Governor has opted to use the Hold Harmless clause and, therefore, allocations were based on that.

          In addition, as an attachment to this document, we have included a description of the formula used to distribute Wagner Peyser funded DOL staffing levels to local workforce investment areas in New York State. Also attached is the estimated formula distribution based upon anticipated Wagner Peyser funding levels for PY 2000. Both of these can be found as Attachment C.

          As per sections 128(b)(1) and sections 133(b)(1) of WIA, local chief elected officials must be consulted with regard to determining formula allocation distribution for the youth, dislocated worker and adult funding streams. Many local chief elected officials offered comments and suggestions on the formula allocations. Consultation was conducted in writing, at public hearings on the state budget, and in meetings the Department of Labor's executive staff held with local legislators and local chief elected officials. These meetings were conducted by the Governor's WIA liaison on his behalf. These consultations occurred throughout most of 1999. The State's plan details the dates of both regional and chief elected official meetings.

        WIA Allocations for Local Workforce Investment Areas
        Adult, Youth and Dislocated Worker Formula Funds
        Program Year 2000
        New York State

        Local Workforce Investment Area Adult Youth Dislocated
        Worker
        Total
         
        Oyster Bay $ 512,793 $ 497,448 $1,582,937 $ 2,593,178
        Hempstead/Long Beach 1,115,638 1,075,691 2,485,533 4,676,862
        Suffolk County 2,527,500 2,489,581 5,257,467 10,274,548
        New York City 43,946,848 43,304,402 38,357,532 125,608,782
        Yonkers City 490,817 503,165 789,846 1,783,828
        Westchester County Bal./Putnam 977,336 938,483 2,346,731 4,262,550
        Rockland County 405,271 422,989 740,219 1,568,479
        Dutchess County 537,403 519,971 812,908 1,870,282
        Orange County 557,646 573,560 962,472 2,093,678
        Ulster County 383,364 360,171 647,713 1,391,248
        Sullivan County 302,740 305,067 401,543 1,009,350
        Albany/Rensselaer/Schenectady 1,061,635 1,134,927 2,177,094 4,373,656
        Columbia/Greene 260,799 274,623 475,001 1,010,423
        Fulton/Montgomery/Schoharie 607,837 584,236 879,960 2,072,033
        Saratoga/Warren/Washington 687,699 664,618 1,516,056 2,868,373
        Clinton/Essex/Franklin/Hamilton 985,170 920,505 1,304,053 3,209,728
        Jefferson/Lewis 823,574 863,129 1,124,251 2,810,954
        St. Lawrence County 681,251 709,528 827,173 2,217,952
        Herkimer/Madison/Oneida 962,085 1,019,417 1,698,591 3,680,093
        Broome/Tioga 625,653 608,964 1,078,639 2,313,256
        Tompkins County 89,013 98,911 260,349 448,273
        Chenango/Delaware/Otsego 430,505 456,671 859,204 1,746,380
        Cayuga/Cortland 530,401 536,640 846,135 1,913,176
        Onondaga County 849,086 885,102 1,627,354 3,361,542
        Oswego County 543,920 522,727 748,163 1,814,810
        Chemung/Schuyler/Steuben 626,624 694,167 1,034,137 2,354,928
        Ontario/Seneca/Wayne/Yates 503,503 509,639 1,373,753 2,386,895
        Monroe County 1,476,195 1,588,981 2,905,696 5,970,872
        GLOW 716,052 705,395 1,461,304 2,882,751
        Niagara County 944,407 922,503 1,850,120 3,717,030
        Erie County 3,036,064 2,974,768 5,291,719 11,302,551
        Allegany/Cattaraugus 721,321 752,440 858,691 2,332,452
        Chautauqua County 404,300 461,079 834,092 1,699,471
         
        LWIA Total $67,400,000 $68,879,498 $85,416,436 $223,620,384

        Factors Weight
        Adult Program
        Unemployed individuals in areas of substantial unemployment (Unemployment rate of at least 6.5%) (July 1998 – June 1999)
        331/3%
        Excess number of unemployed individuals (In excess of 4.5% of the civilian labor force) (July 1998 – June 1999) 331/3%
        Disadvantaged adults (1990 Census) 331/3%
        Youth Program
        Unemployed individuals in areas of substantial unemployment (Unemployment rate of at least 6.5%) (July 1998 – June 1999)
        331/3%
        Excess number of unemployed individuals (In excess of 4.5% of the civilian labor force) (July 1998 – June 1999) 331/3%
        Disadvantaged youth (1990 Census) 331/3%
        Dislocated Worker Program
        Unemployment Insurance beneficiaries (1998)

        Long term unemployed (1998)

        Combined 92%
        Unemployed individuals in areas of substantial unemployment (Unemployment rate of at least 6.5%) (July 1998 – June 1999) 2%
        Unemployed under the Mass Layoff Statistics program (October 1996 – September 1998) 2%
        Change in employment in industries with job losses in past five years (March 1992 – March 1997) 2%
        Farms with Net Losses (Number of Farms with Sales of $10,000 or more, with expenses in excess of sales) (1997 Census of Agriculture) 2%

      5. Describe the competitive and non-competitive processes at State level to award grants and contracts for activities under WIA Title 1. Include how potential bidders are being made aware.112(b)(16)

        The awarding of grants at the State level for youth, adult and dislocated worker activities will be primarily a competitive process. We do not anticipate any non-competitive grants except for specialized consultants on a limited basis. If the need arises to utilize consultants, justification will be provided and State Procurement Guidelines will be used. Any instance of sole source procurement will be dealt with in accordance with State Procurement Guidelines.

        Competitive grants are awarded through the use of Requests for Proposals/ Applications (RFPs/RFAs). State acquisitions of services and technology are to fulfill programmatic needs and provide the State with the “best value,” ensuring open and fair competition. The State makes efforts to ensure that bidders are apprised of solicitation opportunities by arranging for notification in the State's Contract Reporter, by mailing Interested Parties letters to known bidders and industry associations, by disseminating Technical Advisories, and by posting on the Department of Labor's Workforce Development web site (www.wdsny.org). State procurement guidelines will be used.

        RFPs/RFAs set forth specifications and requirements that define services or technologies needed and do not favor a particular bidder, product or service. RFPs/RFAs state required qualifications of bidders and mandatory contract terms and conditions in a tailored, written application package.

        Proposals/Applications are evaluated according to written guidelines, and evaluation criteria are applied equally and uniformly. Performance and demonstrated effectiveness, while certainly not the only criteria for award, are requested in the RFP or Sole Source document and are part of the written evaluation. Weights of written evaluation criteria vary depending on the particular service and means of delivery sought. They are built into the formal evaluation guidelines. Examples might include, but not be limited to, geographic area, experience in delivery, or population served. Major disqualifying factors might include, but not be limited to: bids not received by the required date, inappropriate budgets, lack of demonstrated effectiveness, outstanding liabilities, or failure to provide appropriate information.

        Successful bidders will be posted on the Department's web site. Written contracts or agreements are developed including specific terms and conditions, budgets and program narratives.

      6. Identify criteria for Local Boards to use in awarding youth grants. Include criteria used by Governor and local WIBs to identify effective and ineffective youth activities and providers. 112(b)(18)(B)

        Local Boards will award grants and contracts for youth activities to fulfill programmatic needs and provide them with the “best value,” ensuring open and fair competition. Grants and contracting will be in line with established local procurement policies and based on the recommendations of the Youth Council. Effective programs typically will include the ability to:

        1. target specific populations;
        2. collect data on a regular basis to allow accurate tracking of progress toward outcomes;
        3. collect information on program cost to estimate return on investment;
        4. maintain a Management Information System;
        5. compare program progress against interim goals and modify delivery process as necessary to improve results;
        6. monitor and evaluate the individual progress of the participants and modify service delivery strategies accordingly;
        7. implement a program design that includes all elements of the required design framework and at least three of the required ten program elements other than follow-up;
        8. recruit and retain the required targeted population;
        9. adequately network to provide appropriate referrals as needed;
        10. recruit and hire professional staff that meet the needs of the targeted population to be served;
        11. build strong collaborative partnerships that foster coordination and non-duplication, to meet the needs of the targeted population;
        12. provide follow-up services for not less than 12 months;
        13. maintain an accounting system in accordance with Generally Accepted Accounting Principles (GAAP);
        14. properly maintain internal controls.

      7. If not delegated to Local Boards, provide NY's definition of the sixth youth eligibility criterion (an individual who requires additional assistance to complete an educational program or to secure and hold employment). 101 (13)(c)(vi) 101(13), 112(b)(18)(A)

        The requirements of Section 101(13) for eligible youth will be met. Local WIBs will be given the opportunity to define “an individual who requires additional assistance to complete an education program, or to secure and hold employment.” As they develop this definition according to the particular needs of youth in their area, the State suggests to Local Boards that they may want to consider the following characteristics as guidelines:

        Chronic absenteeism and truancy from school, or school dropout
        Chronic underachievement in school
        Chronic behavior problems or legal offenses
        Physical, mental, or social/developmental immaturity or impairment
        Substance abuse
        Deficiency in basic literacy skills
        Lack of occupational skills/goals
        Victim of physical/sexual/psychological abuse
        Status as a homeless, runaway, or foster child
        Pregnant, or a teen parent, or single parent status

        Educational assistance may include tutoring, vocational/occupational skill building or training, or an individualized program of study. Definitions will be required in local plans.

      8. State Policies and Requirements 112(b)(2)

        1. Describe State policies and requirements established to direct and support development of Statewide Workforce Investment System, not described elsewhere. Discuss State policy to insure the local Workforce Investment Boards are involved with the development of local plans. Discuss procedures to resolve impasse situations at the local level in developing MOUs to ensure full participation of all required partners in the One Stop delivery system. State the policies related to priority of services for recipients of public assistance and other low income individuals under WIA and veterans or other groups under the Wagner-Peyser Act.

          Describe State's process to work with Local Boards and local CEOs to certify the existing One-Stop operators. Indicate the policies related to displaced homemakers, nontraditional training for low income individuals, older workers, disabled individuals, and others with multiple barriers to employment and training.

          The New York State Department of Labor, as the designated State entity to administer and monitor the implementation of WIA in New York will continue to work with the State Workforce Investment Board, Local Workforce Investment Boards, and Chief Local Elected Officials to develop policies and requirements for the statewide Workforce Development System. A collaborative process will continue to be used to establish policies designed to build consensus around key issues pertaining to the delivery of services. The State of New York seeks to provide maximum flexibility to Local Areas in the design and operation of their programs and One-Stop systems in any policies that are developed.

          The initial draft local plans were viewed as compliance documents. The State's policy is that a local area must have a certified Local Workforce Investment Board and an approved local plan that reflects the vision of the local board. In addition, the local area must have the approval of the Local Board in order for the local area to be eligible to receive funding under Title I B of the Act. Through continuous improvement and evolving priorities for the local communities, the local board, in conjunction with the local chief elected officials, will modify the local plans as necessary and appropriate.

          The key role local boards can play in the development of the workforce development system, in their oversight capacity for the system, is to ensure that they lead and direct policy choices rather than getting caught up in program details. Local plans should reflect those choices; staff from the mandated programs should be charged with carrying out those policies. Board members, particularly business board members, should not be expected to become experts in each of the various funding streams. The local board's efforts should be on establishing the standards to which they would like these programs to attain in a demand-driven system.

          Some of the major policy areas and requirements initiated by the Department in support of the development of the Workforce Development System include:

          • Guidelines and template for the development of locally required Memorandum of Understanding (MOU). Local Workforce Investment Boards and One-Stop partners are required to address the specific elements identified in this template. State and local input was sought and incorporated into the final package.

          • Department definition for “participation” in the New York State Job Bank. The New York State Department of Labor will provide the technology to support/maintain the State Job Bank and Talent Bank System (WINS) application and database. As part of the MOU process, all One-Stop partners must provide assurance that they will participate in the WINS system as the official job placement and referral system for One-Stops. The NYSDOL has defined the parameters of what this participation does and does not entail, and has incorporated feedback from local partners.

          • Establishment and design of One-Stop Centers in New York State. As part of its federal One-Stop award, the Department developed a Request For Application (RFA) to competitively award funding to Local Areas for the development of comprehensive One-Stop centers. The Department's RFA contained minimum requirements for the design (partnership and services) of the One-Stop centers in New York State.

          • Technology requirements for the Case Management and Reporting system in the One-Stop system. The Department announced its intention to utilize the One-Stop Operating System (OSOS) and strongly encouraged Local Areas to also utilize it. The Department provided the specific technical requirements for the system as well as its capabilities. Local Areas that do not choose to utilize this system must assure that their system contains the same capabilities and is fully compatible with the State's system for all reporting requirements.

          • Availability and allowable use of WIA 2% Transition funds. State policy and procedures were developed and released in a Technical Advisory to Local Areas on the process for requesting these funds and allowable uses for these funds for various planning and transitional activities in preparation for WIA implementation.

          • Development of a Youth Tool Kit. This policy outlines the statutory and regulatory requirements for Youth Councils under WIA, the scope of work for the Youth Council, membership considerations, options for forming a Youth Council and the implementation of a Youth Council.

          • New York State Registered Apprenticeship Program Recognized as a State Credential. In calculating the adult employment and credential rate for WIA, New York will recognize the successful achievement by apprentices of their first wage progression milestone in a NYS Registered Apprenticeship Program as a credential. Apprentices receive sequentially prescribed on-the-job training in accordance with a written outline of specific work processes under the direct supervision of a journeyworker. In addition, they must participate in required, related supplemental instruction. Wage increments are granted upon the journeyworker's certification that the apprentice has satisfactorily mastered the required work skills during the time frame specified in a written apprenticeship agreement. The wage increase serves as an acknowledgement that the apprentice has attained a higher skill level and is therefore entitled to the pay increase.

          • Development of Local Planning Guidance. These guidelines for preparation of the required local planning document outline the State's requirement that Local Areas discuss the policies and definitions they have enacted in various prescribed areas with respect to implementing WIA and developing of their local One-Stop system.

          Other policies that the State will be or currently is developing include reallocation policies for unobligated local funds and intertitle transfer authority between local Adult and Dislocated Worker funding streams. State policies and procedures in these areas will, for the most part, mirror the requirements of the Act. Other pertinent State policies and requirements such as Local Board appointment and certification criteria, local area designation procedures, performance information requirements for local providers of training services, are discussed in the other sections of this plan. In addition, the State has included policy decisions and requirements in the Local MOU Toolkit, State MOU Agreement, Local MOU template, cost allocation T.A.G., Services and Funding Toolkit and adopted the JTPA Hold Harmless Provision for WIA.

          The Department has developed an MOU self-assessment tool that relates to the development process of the MOU. This tool was sent to all local areas, and distributed through State agencies for mandated partner programs. The self-assessment tool mandates the use of the One-Stop System Building Tool Kit and the seven strategies it describes in the development of the MOU. The Department will make available both program and fiscal staff to those areas that have at least completed the initial four steps of the process. If after following these guidelines, a failure to reach agreement still exists, the Local Board must document its efforts to bring all of the required partners together and report to the NYSDOL Workforce Development & Training Division. If the Department is unable to resolve this impasse through technical assistance, the matter must be reported to the State Board and the Governor. If such impasse is still not resolved after involvement of these parties, the matter will be referred to the Secretary of Labor for appropriate action. Any partner failing to execute an agreement with the Local Board will not be permitted to sit on such Local Board.

          Using the expanded definitions for TANF and WtW (TANF eligibility now includes those within 200% of poverty), the State believes that there is sufficient funding available, and thus it will not require the automatic targeting of WIA resources for public assistance recipients and other low income individuals. While the State has not effectuated a priority of service determination policy for these groups, local areas may still choose to do so to address local needs. Local Plans must describe whether such priority of service determination is in effect and if so, how it will be administered consistent with the Act. Veterans will continue to be targeted and given priority service consistent with federal law under the Wagner Peyser Program.

          Per section 121(d)(1) of WIA, "Designation and Certification, consistent with paragraph (2) and (3), the local board, with the agreement of the chief elected official, is authorized to designate or certify One-Stop operators and to terminate for cause the eligibility of such operators.”

          Section 121(d)(2)(A), further states, “shall be designated or certified as a one-stop operator—

          • through a competitive process; or
          • in accordance with an agreement reached between the local board and a consortium of entities that, at a minimum, includes 3 or more of the One-Stop partners described in subsection (b)(1);”

          Based on the above citation from WIA, the selection of local One-Stop providers will be a local decision.

          The State had no "existing One-Stop operators" in a literal reading of the term. Any One-Stop established under New York's One-Stop grant will be required to adhere to the additional requirements for WIA, including the participation of the mandated partners in the One-Stop Center. The Department will provide assistance to local areas by helping to identify any partners that may be missing from the local One-Stop, as well as to identify any other areas that may be lacking in accordance with the requirements from the One-Stop Grant and WIA.

          New York's policies relating to special populations will be grounded in collaboration among the partners of the One-Stop system. To assist locals in achieving the level of cooperation and collaboration intended by the law, Governor Pataki convened 13 State agencies to develop a Memorandum of Understanding around the principles within WIA. Many of those thirteen agencies represent special needs populations. This MOU serves as guidance to the local areas on how best to achieve increased access to the system and to ensure that all customers are being served. Subsequent to the signing of this MOU, the New York State Department of Labor, as the lead WIA agency, convened an all day WIA training session for over 100 State agency staff, including both field and central personnel. A partners' table was convened pursuant to the MOU to establish next steps, and identify cross-training needs to ensure the broadest possible service within the One-Stop system. It is worth noting that neither the MOU nor the State-level partners table was required by federal law but represents the commitment of all the State agencies to the principles of WIA.

          At the local level, initially all One-Stop staff will receive training relating to the sensitivity of such special populations and their needs. A continuous monitoring of the percentage of special populations served in relation to the available workforce will take place. If the percentage served falls below the available workforce percentage than the system will be adjusted to concentrate additional resources on these clients. Performance and outcome measurements will need to be flexible as those with barriers to employment traditionally take longer to place into employment that leads to self-sufficiency. A holistic and individualized approach will be necessary with this population from assessment to placement to ensure the individual is placed into an appropriate occupation. Finally the system will be developed from the grassroots up and utilize the best practices of existing programs and eliminate programs that do not add value to the system.

        2. Define “deficient in base literacy skills” for the purpose of youth eligibility

          The Secretary's Commission on Achieving Necessary (SCAN) skills provides the framework for the definition of “deficient in base literacy skills” for the purpose of youth eligibility as it relates to workforce development. Any youth lacking in one or more of the skills mentioned below will be faced with a barrier to finding employment that leads to self-sufficiency. The literacy skills necessary to be successful in today's competitive workplace are much more involved than those of past years. The youth of today need to be proficient in a variety of skills including basic reading, writing and mathematical skills, but they also must develop skills beyond the basic level as more technology is introduced in the workplace. Communications, problem solving, teamwork and evaluation skills also are now vital to ensuring that youth are making progress in their educational and occupational goals. As the computer revolution continues to change the way the world operates it is necessary to expose youth to technology, and have them develop a working knowledge of how it operates.

        3. Describe any State policy that might be an obstacle to developing the workforce investment system.

          There are no State policies or requirements that obstruct the State or local areas from developing a Workforce Investment system

    2. Services - current status of One Stop implementation statewide

      1. Actions NYS has taken

        At present 20 One-Stop Centers are in operation. These are located in 13 different counties throughout the State.

        The New York State Department of Labor has sent out Requests for Applications (RFAs) to Service Delivery Areas/local governments for the creation of One-Stop Career Centers in each area. The RFAs were sent out in three rounds: April 1998, May 1999 and October 1999.

        The RFA provided information on One-Stop criteria, required partners, technology guidelines, accountability and other related matters.

        The applicants were required to form Steering Committees, provide certain assurances and agreements on the creation of the One-Stop Centers, show proof of readiness for implementation, provide a detailed program narrative describing the proposal, and submit a detailed budget that included matching and in-kind funds from the partners.

        The Round One RFA (April 1998) awarded $2,998,678 through a total of 15 grants. Implementation Grants were awarded to areas that were fully ready to establish an integrated local Workforce Development System within the first year of operation. Demonstration Grants were awarded to areas that were not yet fully ready to implement, but could use these funds on one or more aspects of their Workforce Development System to move toward full readiness. Of the 15 grants, eight were Implementation Grants.

        The Round Two RFA (May 1999) awarded $3,761,241 through a total of 13 grants, all of which were Implementation Grants. Six of these grants went to Round One Demonstration Grant award recipients.

        In the Round Three RFA (October 1999 - Final Round), 13 grants were awarded, totaling $3,799,579.

        Funds provided to local sites are being used to foster service consolidation/integration, expand existing services, enhance universal access and establish/support area-wide technology infrastructure. The grants are vital to ensuring that all Local Areas establish One-Stop systems as we move toward full implementation of the Workforce Investment Act by July 1, 2000.

      2. Degree of existing collaboration for WIA, Wagner Peyser Act (WPA) and all other required optional partners 112(b)(8)(A), 121(b)(1-2), 134(c)

        Wagner-Peyser programs in New York State are administered by the NYSDOL Division of Employment Services (DOES). State policy established the Wagner-Peyser funded Job Bank and Talent Bank as the statewide system that will be used in the One-Stop system. DOES staff will be located at each of the One-Stop Centers. Customers will be able to receive information about unemployment insurance, including how to apply, at any One-Stop Center. There will be a regular, automatic download of the information on all new Unemployment Insurance (UI) claimants into the One-Stop system. UI claimants will be called into the One-Stop Center for orientation to employment related services and assistance available. UI claimants will be referred to appropriate services among partner agencies as needed.

        The New York State Department of Labor has also taken numerous steps to ensure that existing collaboration between the partners in the One-Stop system continues to grow. The following is a list of some of these steps:

        • Development and dissemination of a Local Memorandum of Understanding (MOU) template. This template provides Local Boards and Chief Elected Officials with the guidance they need to develop a working MOU with the partners within their One-Stop system. The template, along with the guidelines and cost allocation guides, was developed by the Department and shared with local and State partners. These materials were presented and discussed last fall at several roundtable and workshop sessions at a statewide conference for training and employment professionals (State and local partners). Comments from this conference along with others that were e-mailed, faxed or mailed to the Department were considered. A revised template and guidelines, along with documents detailing the comments and recommendations, was then released as an official Workforce Development System Bulletin to all One-Stop partners.

        • Development of a Toolkit for Local Areas. Based on the work of several facilitated State/Local workgroups, materials were developed on strategies to design and build a One-Stop system and strategies to develop and negotiate local MOUs. The materials that were developed and the process used to develop them were discussed in a series of interactive report-out sessions across the State.

        • Collaboration with Wagner-Peyser funded programs. Wagner-Peyser programs in New York State are administered by the New York State Department of Labor's Division of Employment Service (DOES). State policy establishes that the Wagner-Peyser funded job bank and talent bank will serve as the statewide system. In the areas that have set up pilot One-Stop Centers DOES is playing a key role in implementation and operational procedures and is leading the partners in the transition to the new system.

        • Participation and development of conferences relating to WIA and One-Stop systems. Working with the New York Association of Training and Employment Professionals (NYATEP) and the New York Employment and Training Institute (NYETI), the Department of Labor brought together all of the partners and programs involved in workforce development for educational conferences. These conferences provided the foundation for partners to recognize and actively begin developing their role in the One-Stop system.

        • Brokered training on WIA. Additional statewide and regional training on WIA transition and implementation strategies was conducted through various nationally renowned brokered trainers such as Greg Newton & Associates, Sandra Hastings, John Chamberlin and Rochelle Daniels. This training provided Department of Labor staff and partner agencies with a preview of what can be expected as the transition takes place, and what activities need to be focused on in developing their One-Stop systems.

        • Development of a State level Memorandum of Understanding (MOU). The purpose of this Agreement is to establish a cooperative and mutually beneficial relationship among the State agency partners and to set forth the responsibilities of the agencies related to planning and implementation of individual and mutual duties, obligations and responsibilities under WIA.

        New York State Department of Labor organized a training session for local partners and their staff with Greg Newton Associates to address the issue of collaboration among partners. Regional meetings were held from June of 1999 to March of 2000 with local partners to discuss implementation efforts and best practices. Technical assistance was also provided, as well as an opportunity for feedback on draft policy proposals. All local areas are either negotiating or have completed negotiations and submitted their Memorandum of Understanding (MOU) among partners in each local One-Stop System. Representatives from the New York State Department of Labor's Workforce Development and Training Division continue to provide presentations on the Workforce Investment Act to other potential partners such as the Division of Criminal Justice Services, Department of Corrections, Office of Probation and Correctional Alternatives, the Office of Mental Health, the Office of Mental Retardation & Developmental Disabilities and the Office of Alcoholism and Substance Abuse Services. This exceeds the suggestions for optional partners as put forth by USDOL. In many areas, TANF will also be a partner. We continue to increase the number of optional partners.

    3. System Infrastructure

      1. Local Workforce/Investment areas

        1. Identify areas: include those automatically designated and those temporarily designated. How do these compare in size and numbers with the SDAs under JTPA? 112(b)(5)

          Designated Local Workforce Investment Areas (LWIAs) in New York State are listed below by category:

          CATEGORY I (over 500,000):

          • Suffolk
          • Monroe (now including Rochester)
          • Erie
          • New York City

          CATEGORY II (JTPA/SDA over 200,000):

          • Genesee/Livingston/Ontario/Wyoming
          • Finger Lakes (Ontario, Seneca, Yates, Wayne)
          • Oneida/Herkimer/Madison
          • Oyster Bay
          • Niagara
          • Syracuse/Onondaga
          • Albany/Schenectady/Rensselaer
          • Chemung/Schuyler/Steuben
          • Hempstead
          • Rockland
          • Saratoga/Warren/Washington
          • Orange

          CATEGORY IIIA (JTPA/SDA Over 200,000; Failed Performance Standards):

          • None

          CATEGORY IIIB (JTPA/SDA Under 200,000):

          • St. Lawrence
          • Cattaraugus/Allegany
          • Ulster
          • Jefferson/Lewis
          • ACCESS (Clinton, Franklin, Essex, Hamilton)
          • Sullivan
          • Cayuga/Cortland
          • Fulton/Montgomery/Schoharie
          • Chenango/Delaware/Otsego
          • Yonkers
          • Oswego
          • Columbia/Greene
          • Chautauqua

          CATEGORY IIIC (New Local Areas):

          • Broome/Tioga
          • Tompkins
          • Dutchess
          • Balance of Westchester/Putnam

          Minor changes occurred in the makeup of a few WIAs from SDAs; the number remains the same, 33.

        2. Describe process to designate such areas. Describe how NY considered the extent to which such Local Areas are consistent with labor market areas, geographic areas served by local and intermediate educational agencies, post secondary educational institutions and other area vocational schools, and all other criteria in 116 (a)(1) in establishing area boundaries to assure coordinated planning.

          Describe the SWIB's role, including all recommendations made on local designation requests. 116(a)(4)

          Chief Elected Officials were contacted and a standardized “Request for Designation as a LWIA” was sent to them with instructions on completion. Requests included information on the following: counties/cities included in the proposed Local Area, Chief Elected Officials, current SDA status, category under which designations were requested, previous performance, financial integrity, and status of One-Stop implementation in the area. The minimal shifts that occurred were consistent with labor market and geographic areas served by pertinent agencies.

          Local designation requests were reviewed, verified and organized by Department of Labor staff and presented to the State Board for consideration and approval in concert with the Governor. All LWIA requests for designation were approved.

        3. Describe appeals process used by NY to hear appeals of Local Area designations. Identify any appeal made and status of that appeal. 112(b)(15), 116(a)(5)

          No appeals were necessary initially since all designation requests were approved. However, an appeals process is in place for any future appeals. Any appeals from units not designated will be directed to the State Board for review in conjunction with the Governor. If the designation request is still denied, an appeal may be made to the Secretary of Labor for decision.

          Local area designations have been made. To date, no appeals have been received and none is anticipated at this time since designations were approved based on the requests received from local chief elected officials. For future reference, the State's appeal process is as follows:

          An appeal of a negative determination on a request for designation as a local workforce investment area will be accepted from any, or all, of the chief local elected officials who had requested the designation. The appeal must be:

          1. postmarked within 30 days of the issuance of the notice of disapproval.
          2. submitted to the Director, Workforce Development & Training Division.
          3. provided concurrently to any other chief local elected officials affected but not parties to the appeal.

          For the appeal to be most effective, it should clearly address the question of how the decision being appealed is contrary to the best interest(s) of the businesses and residents of the local area. It should provide supportive documentation dealing with:

          1. geographic areas served by local educational agencies and intermediate educational agencies.

          2. geographic areas served by post-secondary educational institutions and area vocational education schools.

          3. the extent to which the proposed local area is consistent with the labor market area.

          4. the distance that individuals would need to travel to receive services provided in the proposed local area.

          5. the resources of the local area that are available to effectively administer the activities carried out under Title I, Subtitle B, of WIA.

          The State will respond to the appeal, after consultation with the Chair of the State Workforce Investment Board (WIB), and, if appropriate, the full State WIB. If a response in not possible within 30 days, the State will notify the appellant (and any other affected chief local elected officials) of the reason for the delay and a reasonable date by which a decision will be issued.

      2. Regional Planning (112(b)(2), 116(c))

        1. Describe any interstate or intrastate regions and their corresponding performance measures.

          This plan does not include any formal intrastate or interstate regions.

        2. Include a discussion of the activities (such as regional planning, information sharing, and/or coordination activities) that will occur to help improve performance. (e.g., regional planning efforts could result in the sharing of labor market information or in the coordination of transportation and support services across the boundaries of Local Areas.)

          New York State is encouraging geographic areas to form partnerships and to work together in self-organizing systems to address cross-over issues, such as regional transportation, support services and economic development. These partnerships will be encouraged to investigate the value of cost sharing/pooling arrangements between and among counties. The State expects that the regional partnerships will be a valuable tool in assessing economic development and workforce development needs throughout their communities, identifying service gaps and emerging trends and for recommending a strategy to target resources. The partners may also be instrumental in setting outcomes for the local system, including entered and retained employment, wage levels for training program graduates, decreased welfare dependency, attainment of industry recognized credentials, and in collecting and making public outcome results for all workforce development programming.

          In fact, the Clinton, Essex, Franklin, Hamilton Counties formed their Local WIB as a regional entity. This WIB serves a large geographic area, comprised of more than 1/8th of the land area of NYS, a North-South Interstate on its eastern side, and state and local roads connecting other communities. Formation of a regional WIB was deemed necessary in this particular local area to accommodate the differences inherent in a large, rural geographic area and its considerable differences in workforce needs and workforce assets. This WIB intends to empower local planning entities, county level workforce boards and a structure of committees that reflect the major policy areas of the WIB, whenever possible.

          The three Long Island WIBs have formed the Long Island Regional Skills Assessment and Planning Consortium. The purpose of this group is to work together to identify employer skill needs, determine the gap between employers' needs and the available worker skills, and develop regional plans to fill the identified gaps.

        3. For interstate regions, describe the role of the Governors, SWIBs and LWIBs.

          • N/A

      3. Selection of service providers for ITAs 112(b)(17)(A)(iii), 122, 134(d)(2)(F)

        Individuals determined to be eligible for training services through the Adult and Dislocated Worker Programs will access training funds through an Individual Training Account (ITA), and select a training program from the State List of eligible training programs (ETPs). The State delegates the responsibility for defining ITA policies and procedures to the LWIB (e.g., prioritizing who receives ITAs, and procedures on how ITAs are utilized and tracked).

        The LWIB's plan must assure that written policies and procedures are developed, communicated to all local One-Stop operators and are available for State review. Agreements may be entered into on a reciprocal basis to permit eligible training programs to accept money from ITAs from another state.

        1. Policies to determine initial eligibility

          The WIA automatically grants initial eligibility to all entities that carry out programs under the Higher Education Act of 1965 and the National Apprenticeship Act. Thus, New York State automatically will grant initial eligibility status to such programs upon receipt of a completed initial eligibility application for the program.

          Initial eligibility status for all other programs will be determined by the NYSDOL in consultation with LWIBs. The State will provide opportunity for all LWIBs, education and training bodies, and community-based and faith-based organizations to recommend training providers for initial eligibility status.

          Providers must submit an initial eligibility application for each program they wish to be considered for initial eligibility status. The application must be submitted to the LWIB in the area in which the training program is offered. The LWIB will process the application, recommend whether to accept or deny initial eligibility status, and forward this information to the NYSDOL within 30 days of submission of an initial eligibility application. The NYSDOL will confirm LWIB recommendations within 30 days of receipt of an initial eligibility application from the LWIB.

          An expedited application process will be developed to ensure that the listing of providers/programs is responsive to changes in the list of occupations in demand. Initial eligibility applications will be accepted on an ongoing basis throughout the year. The application and approval process has been designed to be relatively simple, with appropriate safeguards against abuse and fraud.

          To be included on the State List, a training program must be granted initial eligibility status by both the LWIB and the NYSDOL.

          The LWIBs are responsible for:

          • Notifying training entities in their area of the opportunity to apply for initial eligibility status under Title I. This will be done through a combination of direct mailings, newspaper notices and other means. The LWIB, at its discretion, may also solicit training providers from outside their Local Area, including training providers located in other states.

          • Creating an initial eligibility application for their area. Since initial eligibility applications will be used to populate the State List consumer reports database of eligible programs, NYSDOL will establish core statewide data elements. LWIBs will incorporate these core elements in their initial eligibility application. Local customization is allowed, i.e. LWIBs may collect data beyond the State's core elements.

          • Ensuring that the training providers have access to the initial eligibility application and to a list of demand occupations for their area. In an effort to make training even more relevant to the needs of the local businesses, the Local WIB in Clinton, Essex, Franklin, and Hamilton Counties, working with its local training providers, has introduced the idea of training modules. The experience of the Local WIB members is that class-sized programs operating over a long period of time quickly saturate the market, and are not targeted to the needs of the employers. The training agencies in this local area are converting their industry specific training programs to modular form. This will allow a company to choose the modules that benefit their specific jobs, and to skip those that are not directly relevant.

          • Setting levels of expected performance for each program. It is anticipated that performance levels may differ by program in consideration of the kind of service provided and the target group served. Program performance levels for the Local Area below the performance levels negotiated between the State Workforce Investment Board (SWIB) and the LWIB must be explained, approved by the LWIB, and forwarded to the NYSDOL.

          • Insuring that for subsequent eligibility, providers submit performance and cost information for trainees in each applicable program of training services to the appropriate LWIB in such time and manner as required by the Governor's policy. To remain eligible, training programs must achieve specific performance criteria.

          Procedures will be established by the SWIB for providers of training services to appeal a denial of eligibility or termination of eligibility. (See vii.)

        2. How did state solicit recommendations? Have you met with or received comments from business or labor organizations with regard to ITA policy or procedure?

          Since February of 1999, NYSDOL staff actively traveled throughout the State to meet with local partners and training providers in order to collaborate on a variety of ETP/ITA issues and topics that LWIBs, partners, programs and providers must consider and understand. Community colleges, community-based organizations, and vocational-technical schools were particularly sought out for comment. In addition, draft policies and procedures were shared with all interested parties in the early stages of development to allow for their input and to gain consensus.

          Topics/issues which NYSDOL raised for comment include: operating systems, the ITA and ETP (initial and subsequent) approval process, distribution of a draft initial eligibility application for review and beta testing, the training market, demand occupations/skills, collecting and reporting program and performance information, and how to respond to new labor market conditions. NYSDOL will work closely with partners to identify data needs and facilitate data sharing arrangements to support the ETP function, to inventory and understand ITA/ETP models currently being used or considered, and to understand the specific needs of each Local Area and partner.

          On July 13, 1999, David Smith, Public Policy Director for the AFL-CIO, submitted comments on the Interim Final Regulations to Eric Johnson at the Employment and Training Administration. We received a copy of these comments that included specific comments on ITAs. No comments were received from business or labor organizations in response to New York State's Plan with regard to the ITA policy or procedure.

          NYSDOL also places draft materials on its home page for review by the constituents. Comments that are submitted are considered for inclusion in modifications and revisions to the State Plan.

        3. How will the State maintain provider list?

          The NYSDOL will maintain the State List of Title I eligible programs and assist in carrying out the eligibility process. The State List provides identifying information and specific performance and cost information on each provider.

          NYSDOL has committed to using the One-Stop Operating System (OSOS). The State List will be available through the OSOS.

        4. What performance information will be available at every One-Stop Center?

          NYSDOL, together with LWIBs and other One-Stop partners will develop a plan to put all the WIA information requirements, to the extent practical, into an Internet-based State List consumer reports database application. Performance information on all eligible Title I programs should include completion rates, placement rates, wage information and customer satisfaction measures, as well as other information about the provider and the specific training course, in order to maximize informed choice. Such information may also be provided in hard copy, disk storage, and multimedia (CD).

        5. Describe New York State's current capacity. Is the State putting limits on the duration or amount of the ITA? Please clarify if this will be left to localities or if there is a State policy with regard to this issue.

          At this time, New York State has made a decision not to place limits on the duration or amount of the ITAs. Each Local Area will be responsible for such decisions. The New York State Department of Labor will assist Local Areas that cannot make their ITA payments due to financial system adjustments at the outset of implementation but will not make Local Area policy decisions.

          As New York implements the ETP, basic administrative data will be collected from each funding stream. Wage record data is used to fill in the required information on wages.

          Whereas much of the information was maintained on paper with some computer support, the process is moving to a computerized list of training providers.

        6. Describe process for removing providers

          The recommendation to deny the eligibility status of a program can originate from either the LWIB or NYSDOL. However, both the LWIB and NYSDOL must agree to deny eligibility status (initial or subsequent) for such action to take place. If, within 30 days of receipt of the application by NYSDOL, consensus is not reached between the LWIB and NYSDOL, the application will be denied.

          Training providers will be notified in writing of the decision to deny eligibility (a denial notice).

          Eligibility may be denied/removed for the following reasons:

          1. The application is not complete or is not submitted in a timely manner.
          2. The program does not meet the definition of WIA training services.
          3. The performance data is not included with the application or the performance data does not meet established performance levels. (Note: The performance data may be waived for the year of initial eligibility.)
          4. The training provider is delinquent in delivery of reports, payment of debt, or otherwise out of compliance with the Act, regulations, or any agreement executed under WIA.
          5. The training provider is not current in the payment of unemployment insurance contributions or reimbursements, or
          6. Any other requirement for training program under the Act is not met.
          7. The training provider intentionally supplied inaccurate information.
          8. The training provider substantially violated any requirement under the Act.

        7. Describe appeals process for providers that are denied eligibility status.

          Training providers have the right to appeal denial of eligibility status. A provider has 15 working days from the date of a denial notice in which to file an appeal.

          The request for appeal must be in writing, be signed and be submitted to both the LWIB and the NYSDOL.

          The LWIB and NYSDOL may reverse their original denial if an administrative error was made or if additional information submitted by the training provider changes the basis on which the original decision was issued.

          If the LWIB and NYSDOL do not reverse their original denial within 10 working days from receipt of the appeal, they will forward the appeal to the SWIB. The SWIB will have 15 working days to conduct a formal review where the training provider and the LWIB and NYSDOL will be allowed to present their cases.

          If the SWIB reverses the denial, the LWIB and NYSDOL will comply with the decision in a prompt and efficient manner. The SWIB's decision will be final. There is no appeal to the USDOL.

          Once the appeal is denied by the SWIB, the program will not be able to reapply for eligibility for a 24-month period from the date of the initial denial notice.

        8. Describe the State's capacity to disseminate a list of eligible providers of youth activities

          The State intends to disseminate a list of eligible providers of youth activities through the State List consumer reports database application.

      4. What is NY's current capacity to deliver high quality employment statistics to customers of the O/S system?

        The Governor designated the Division of Research and Statistics of the NYSDOL as the employment statistics agency for New York State. The Department of Labor has a network of Local Labor Market Analysts located in 10 geographic regions across the State. These analysts are economists/information specialists who provide detailed, localized information such as labor market conditions and trends, skills and occupations in demand, labor availability, occupational and industry wages and more. Statewide labor market information is also available from the central Labor Market Information Office in Albany.

        Labor market information (LMI) is also available to customers through the Department's Internet home page. The web site is designed to give users easy access to the information best suited to their needs. Major economic statistics generated through the federal-state cooperative programs are currently available on-line and are accessible by LMI customers far more quickly than in the past. In addition, to maximize penetration and availability, many of the Department's career planning information and job seeking resources, including publications, are now available on the Internet. The site also includes links to New York's Job Bank and America's Job Bank.

        CareerZone provides career and labor market information. Originally designed as a tool for career exploration by students, CareerZone appeals to a broader audience. The current version contains a wealth of LMI, including wage and occupational projection data and career videos. The Internet version includes a link to New York's Job Bank.

        Labor market information is also distributed through traditional print media. Included among the Department's publications are occupational projections and wages, resume writing guides, job search tools and information resources designed for the particular needs of displaced workers, the formerly incarcerated, public assistance recipients and other target groups. Many print publications are being converted to an electronic format for distribution through the Internet, and print-on-demand technology enables the Department to produce print publications more rapidly and cost effectively.

      5. Describe how work test and feedback (under WPA) for UI claimants are met. How is info provided to the UI agency regarding claimant registration, claimant job referrals, and the results of the referrals? 112(b)(7) Please provide a brief description of the Periodic Employment Eligibility Review Program (PEER).

        The Division of Employment Services has the responsibility under the WPA to administer the UI Work Test, insuring that claimants in continued claims benefit status meet the eligibility conditions prescribed by Unemployment Insurance law. Early contact with claimants, orientation to services, work search requirements, labor market information and targeted reemployment services will ensure that claimants meet eligibility requirements. The Periodic Employment Eligibility Review (PEER) Program will serve as the work test benefit control mechanism.

        The PEER Program serves as a benefit payment control for claimants in continued claims status. The program requires that UI claimants who are job ready and not in case management are randomly selected to report to a DOES office for a UI eligibility review to ensure that they continue to meet work search availability and capability requirements prescribed by law. DOES advises claimants of work search requirements and counsels claimants regarding restrictions and/or barriers to employment such as travel distance, salary, and hours. An individual work search agreement is completed to document compliance issues.

        Potentially disqualifying issues are immediately reported to the TCC. DOES staff issue an automatic Stop Payment and then e-mail the details to the TCC. Standardized electronic forms are used to communicate between DOES and TCC offices to log and track communications.

        At the time of filing, the Telephone Claims Center (TCC) initial claims process automatically generates a partial employment service registration in the labor exchange system.

        Establishing and maintaining a strong linkage between the DOES offices and the UI TCC is a key component of this plan. DOES will have access to the TCC system and the TCC will have access to the Labor Exchange System. Electronic linkages between the two systems will be created. Standardized electronic forms are used to communicate between TCC/DOES offices to log and track communications. Potentially disqualifying issues are immediately reported to the TCC.

      6. How do Wagner-Peyser staff participate (if applicable) in the conduct of the Eligibility Review Program reviews?

        Describe the follow-up that occurs to ensure that UI eligibility issues are resolved in accordance with WPA (Section 5 (b)(2))112(b)(7)

        The Periodic Employment Eligibility Review (PEER) Program continues to serve as a benefit payment control for claimants in continued claims status.

        UI claimants who are job ready and not in case management are randomly selected to report to a DOES office for a UI eligibility review to ensure that they continue to meet work search availability and capability requirements prescribed by law.

        DOES will advise claimants of work search requirements and counsel claimants regarding restrictions and/or barriers to employment such as travel distance, salary, and hours. An individual work search agreement is completed to document compliance issues.

        DOES will electronically inform the UI Division of any potentially disqualifying information to ensure proper benefit payment.

  3. Assessment of Strengths and Improvement Opportunities

    1. How closely aligned is your current system to your vision? Assess current system's ability to meet the customer and economic needs identified above. Please identify weaknesses that need to be addressed and opportunities to eliminate weaknesses.

      New York State's current Workforce Development System is moving towards the State's vision for its system. The current system has a number of strengths built into it. Local Boards have the ability to exercise an unprecedented degree of local flexibility and decision making authority over a broad array of employment and training resources. This authority is resulting in a greater degree of private sector involvement on the Boards and increasing employers' confidence that the public employment system is able to serve the needs of business. The result is expected to be an increase in the quantity and quality of jobs that employers make available through the system.

      An important strength of the system is the structure of the Local Boards themselves. The structure allows those closest to the labor market-- local businesses, local elected officials and labor representatives--to make informed decisions regarding identification of the needs of the Local Area, and coordinate the resources and services to meet those needs. As indicated in its vision, the State does not prescribe the activities of the system, but rather sets the benchmarks for achievement and then crafts policies to maximize local flexibility and creativity to allow the Local Boards to design ways to accomplish the results.

      Another strength of the system is the vast array of experienced professionals dedicated to improving the Workforce Development System. Another strength is the understanding of all of the partners of the need to move forward in redesigning the way we all do business and their willingness to sit down at the table and discuss issues and potential solutions. This collaborative process began several years ago and was further accelerated with the process to develop One-Stop sites under the State's federal One-Stop grant award. The collaborative process is now well underway. In addition, New York State is currently developing and will have in place by July 1, 2000 a basic technology infrastructure to meet the needs of its Workforce Development System.

      New York State has recently initiated several new programs, which provide additional opportunities to help New York achieve its vision to enhance or expand economic development through the Workforce Development System. Two of these programs are the InVest Program and the Strategic Training Alliance Program (STRAP).

      The InVest Program is focused on meeting the demands of a specific business' need for a skilled/prepared workforce. Training can be specifically developed to meet that need or existing training (that already meets the need) can be utilized. The InVest model pools various federal, state and local funding streams into a single source of funding to support the cost of training. An important element in the successful implementation is the cooperative linkage that must be established among all the partners who will play an important role in the program at the State and local level. InVest is an Individual Training Account process in which eligible participants are provided a voucher account with a stated cash value to be used toward approved training. The 1999-00 State Budget appropriated $25M in federal TANF funding to support InVest as part of an overall plan to assist the Department and social services districts in designing work programs and initiatives that meet local economic demands and employee skill requirements. To further support this initiative, the Department has set aside JTPA/WIA and Welfare-to-Work Block grant funds to augment local funding.

      The STRAP Program is an effort to support business strategies and local efforts for lifelong learning through the development of the incumbent worker. This program seeks to fund projects that are structured to address identified skill shortages within an industry or within a single employer's establishment. It also seeks to promote skills upgrading for incumbent workers, particularly skills for high-technology jobs, and to ensure that New York State businesses are provided with a skilled and qualified workforce. $34M in State funding has been set aside under the 1999-00 State Budget to fund projects under STRAP. The Empire State Development Corporation and the Department of Labor jointly will administer the program.

      New York views past weaknesses of the JTPA system as opportunities for improvement. We expect the Workforce Development System in NYS to evolve into a truly integrated system to serve both the business and job-seeking customers as it evolves. The workforce development system will address the following areas:

      • increasing local flexibility/ decision-making authority
      • increasing private sector involvement
      • increasing employers' confidence that the public employment system is able to serve its needs
      • increasing the quantity and quality of jobs that employers make available through the system
      • better coordination of resources and services to meet the needs of the local area.
      • basic technology infrastructure
      • enhancing and expanding the continued economic vitality of the state's economy
      • pooling federal, state and local funding streams into a single source of funding to support the cost of training
      • promoting skills upgrading for the incumbent worker, particularly skills for high technology jobs
      • ensuring that NYS businesses are provided with a skilled and qualified workforce

    2. State Priorities

      New York's Workforce Development system is based on the principles outlined in the State's Design Team Report to Governor Pataki. This report outlined a strategic plan to build a workforce development system in New York. While the State's system reflects the requirements of WIA, the principles of the Design Team Report form the basis for this system. In this report, the system partners identified several priorities for the system and the programs that encompass it. These include: adopting a customer driven focus in all partner programs and the system as a whole, developing a system that is demand-side led and responds to the needs of the workplace, being able to provide multiple initial access points for all system programs and services, providing a value added dimension to services and activities for the customer, and having a system and programs that are performance driven and that use customer input and data to continuously improve.

      A priority for all programs in the system, and the system as a whole, is to quickly respond to the needs of the local communities, its business and workforce, and to continuously evolve. The further consolidation of programs and activities, and the identification of areas where further sharing and coordination of efforts can occur will continue to be a priority of the programs in the system. A priority of the Youth Program is the identification and provision of age-appropriate services to this group of emerging workers. The State's Workforce Investment Board will be providing policy guidance for the long-term priorities for emerging workers in its regularly scheduled deliberations.

      In moving the current system towards the State's vision, the following are the State's major priorities:

      • Develop private sector confidence in the ability of the system to meet the needs of business. In doing so, make the local One-Stop systems the place businesses will want to come to fill job vacancies, and obtain information on job training programs, the local labor market, and any other information involving workforce issues. Some Local WIBs are already taking steps to support this. For example, the Suffolk LWIB is sending a quarterly newsletter to all participating employers to ensure that they have the information that they need about new and existing programs and the services available through the O/S System. This is one avenue created at a local level to bring service providers and business customers together.

      • Ensure that Local Boards are given the flexibility to design and develop service strategies that best meet the needs of their local communities. The Town of Oyster Bay Consortium LWIB has developed a Newsletter that is mailed to each active customer to encourage its customers to actively use the System to achieve their individual objectives. The Newsletter highlights specific features of the system such as up-coming workshops, hot job leads, Job Fair announcements, rotating spotlights on partner agencies, success stories and labor market information.

      • Maximize customer choice by developing, maintaining and disseminating an extensive list of eligible training providers and an Individual Training Account process.

      • Encourage and effectuate structural change in the operation of the system, moving it toward the provision of more comprehensive, effective and efficient services and improved customer satisfaction.

      • Work with Local Boards through capacity building efforts to better coordinate efforts among workforce partners to address the needs of all customers. In doing so, make universal access a reality and not just a catch phrase.

      • Continue to roll out and further develop potential uses for partner participation in the One-Stop Operating System (OSOS). This system will serve as the Reporting and Management Information System for New York State.

      • Work with education and training partners to develop training that integrates literacy, basic skills and occupational/technical skill training.