SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ADMINISTRATOR S HANDBOOK

Transcription

1 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ADMINISTRATOR S HANDBOOK Dr. Sarah Armstrong Tucker, Chancellor WV Council for Community and Technical College Education 1018 Kanawha Boulevard, East Suite 700, Charleston, WV Phone (304) tucker@wvctcs.org Web

2 TABLE OF CONTENTS Page Academic and Student Support Services... 1 Enhanced Services Policy... 2 Individual Training Account (ITA) Policy... 3 Supportive Services Policy... 6 Alcohol/Drug Free Policy... 8 Prohibited Workplace Harassment... 9 Payment for Online Courses and Programs On-The-Job Training (OJT) Guidance On-The-Job Employer Reimbursement Procedure Title 135, Series 27, Workforce Development Initiative Program... 19

3 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ACADEMIC AND STUDENT SUPPORT SERVICES Eligible Participants Individuals attending West Virginia community and technical colleges who are enrolled in the Department of Labor (DOL) Sector Partnership NDWG through the Workforce Development Boards (WDBs) are eligible to receive wraparound on campus services such as Academic Support services and Student Support services: Amount Academic supports. Bridge programs, learning labs, online resource access, tutors, and other academic support services. Leveraging TAACCCT grant funding to maintain/expand these services for SP NDWG participants. Student supports. Implementation of BEACON student support model, including peer coaching and counseling services. Leveraging TAACCCT grant funding to maintain/expand these services for SP NDWG participants. The community and technical college where the SP NDWG participant is enrolled (academic or workforce programming) will receive a one-time $200 payment to use toward Academic supports and Student supports for each SP participant. Procedures for Processing Supportive Services In order to request payment from the appropriate WorkForce Development Board (WDB) for $200/participant, institutions must: Have an identified point of contact for the SP Project Director to send enrolled SP NDWG participant lists to each month, as well as an identified point of contact for SP at each community and technical college. Submit an invoice to the appropriate WDB (provided by the Project Director) listing the SP NDWG participants for the month. Provide documentation of how various wraparound services were implemented and funds were spent to serve the SP participant to the WDB and to CTCS. 1

4 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ENHANCED SERVICES POLICY Workforce Development Boards are allotted $1,000 of their award to cover Enhanced Services for Sector Partnership National Dislocated Worker Grant participants. These funds may be used to cover the following expenses and services: WIOA Career Planners/Case Managers - Provide enhanced services technical assistance, support, and monitoring for Sector Partnership participants (includes fringe benefits). Outreach/coordination - Outreach to potential participants and employers and coordination with other programs and services. Needs assessment - Comprehensive and specialized assessments, including diagnostic testing and in-depth interviewing, and individual employment/education plan development. Job assistance - Job placement, including search and relocation assistance as needed; career planning and job coaching. Supplies - General office supplies needed to better serve SP participants In-state travel - Trips to CTCS office or various Workforce Centers for technical assistance, support, and monitoring. 2

5 Sector Partnership (SP) National Dislocated Worker Grant (NDWG) Classroom and On-line Individual Training Account (ITA) Policy EFFECTIVE DATE: January 1, 2016 I. REFERENCE(S) Workforce Innovation and Opportunity Act (WIOA), Section 134 (Use of Funds) WIOA regulations at 20 CFR Part 680 Training and Employment Guidance Letter (TEGL) No and Changes 1-4, National Emergency Grant Policy Guidance Workforce Investment Act: National Emergency Grants - Application Procedures, 69 Fed. Reg (April 27, 2004) II. PURPOSE In May 2015, the CTCS of West Virginia applied for Sector Partnership National Emergency Grant funding from the U.S. Department of Labor which was awarded to WorkForce West Virginia and will be administered at the CTCS level by the Community and Technical College System to provide education and training, job coaching, Learn and Earn, and On-the-Job Training (OJT) with focus on West Virginia s energy, IT, advanced manufacturing, and health care sectors, and offer reemployment/retraining services. On June 30, 2015 the USDOL announced the CTCS of West Virginia will receive funding in the amount of $5.25 million for the Sector Partnership National Dislocated Worker Grant. The Period of performance for West Virginia s SP NDWG is July 1, 2015-June 30, III: BACKGROUND The Community and Technical College System will partner with local Workforce Development Boards (WDBs) statewide to offer education and training services at CTCS community and technical colleges for SP NDWG participants for in demand occupations in the energy, IT, advanced manufacturing, and health care sectors. The program will be in accordance with CTCS policy for SP NDWG ITA Contracts. SP NDWG ITA participants will chose an education or training program in a demand occupation. The training program must be administered by a CTCS community and technical college listed on the CTCS Eligible Training Provider List. The WDB s WIOA Case Managers/Career Planners will assist SP NDWG ITA participants in selecting the training program in accordance with the CTCS SP NDWG ITA policy. SP NDWG ITA participant will be co-enrolled with each region s WIOA- Dislocated Worker Programs. After SP NDWG ITA participant completes the training program, the WDBs will be responsible to provide services in accordance with the WIOA-Dislocated Worker Programs to provide continued job coaching and continued case management services. The ITA program design for the SP NDWG has been formatted to mirror the Workforce West Virginia statewide Jobs Driven (JD) NDWG ITA Program. 3

6 IV. PROCESS SP NDWG ITA Program: SP NDWG Individual Training Contracts (ITA) will be entered into MACC by WDB staff in accordance with CTCS policy. SP NDWG ITA must be reviewed by CTCS SP-NDWG State Unit to ensure the required information provided is in accordance with CTCS policy for the SP NDWG ITA services. As part of the SP NDWG referral process, tracking in the MIS, and collaboration between local WDBs and the CTCS will be a part of the signed Memorandum of Understanding (MOU) between the CTCS and local WDBs and must be met as part of the performance agreement as follows: The local WDBs will provide targeted recruitment efforts by focusing on individuals who meet the SP NDWG eligibility criteria and seeking training opportunities in a demand occupation. The WDBs must determine individuals eligible for this NDWG via an interview by WDB staff for WIOA-Dislocated Worker Programs /SP NDWG eligibility. Providing services, such as enrolling participants in classroom training or on-line training is not allowed, until the WIOA-eligibility process has been completed and the CTCS has reviewed and confirmed SP NDWG eligibility by registering the participant for the SP NDWG program. Each WDB will be required to serve SP NDWG eligible individuals in accordance with WIOA-Dislocated Worker Programs/SP NDWG eligibility criteria. The WDB must review the following required special eligibility criteria for SP NDWG in order to appropriately recruit potential SP NDWG participants: Long-term unemployed jobseekers (Unemployed for at least 27 weeks in aggregate in the past twelve months.) Dislocated workers UI recipients that have been profiled as likely to exhaust their benefits Displaced homemakers The WDB will receive auto generated MACC eligibility s verifying which individuals have been determined WIOA-Dislocated Worker Programs /NDWG eligible. WIOA staff will appropriately select the participants to be served through the SP NDWG from the eligibility list. The WDB will request WorkForce WV to register the NDWG participants to be served in the MACC (requiring co-enrollment as WIOA-Dislocated Worker Programs/NDWG) and determine what program services will meet the NDWG participant needs. The WDB will provide the customer with instructions on the Drug Screening Process in accordance with WorkForce West Virginia Guidance No /Workforce Investment Act Participant Drug Screening/Effective Date: July 16, The WDBs will offer case management services to SP NDWG participants with the provision of WIOA core and intensive services to determine which program services will meet the SP NDWG participant needs. 4

7 This process will include the following as well as entering all data into the appropriate MACC screens recognizing that all the participants will be co-enrolled as WIOA- Dislocated Worker Programs /SP NDWG participants: WIOA-Dislocated Worker Programs/SP NDWG Registration Intake Assessment/Testing (TABE) Labor Market Research for demand occupations through ONet Individual Counseling and Career Guidance Planning Individual Employability Plan (IEP) including training goals and job search activities Financial Aid Package (Pell Grants, etc.) SP NDWG ITAs (Individual Training Accounts) Monitoring SP NDWG participant training progress Individual SP NDWG Participant Files (Maintained in accordance with CTCS checklist requirements) Training Credential/Certification Complete all MACC NDWG Services Follow-up/Performance and Employment Outcomes The WDBs must negotiate SP NDWG ITAs up to $5,000 per participant in accordance with CTCS SP NDWG requirements for classroom/occupational skills training in demand occupation. SP NDWG participants can only attend training facilities identified on the WIOA CTCS Approved Training Provider List. WDBs must process invoice payments for all training facilities for all SP NDWG participants including the review of backup documentation, substantiating invoice requests, and processing payments for training in accordance with CTCS guidelines. The WDBs must submit to CTCS, their procedures for negotiating SP NDWG ITAs with training facilities, and invoice processes. Procedures for Reimbursement: Participants attending classroom occupational skills training or on-line training must have the training institution complete and sign the ITA contract prior to the training start date. WDBs must process payments for training vendor invoices for all SP NDWG participants including reviewing backup documentation substantiating invoice requests and must process payments for training in accordance with CTCS guidelines. WDBs will submit by the 10 th of each month all monthly participant programmatic and fiscal reports to CTCS to the appropriate SP contact via (Emily Ford, Interim Project Director This will include submitting a monthly spreadsheet of participants that will be reconciled monthly with the MACC. Any monitoring reports following any monitoring visits conducted by SP NDWG Project Operator/WorkForce WV will be submitted with the monthly programmatic reports. WDBs will submit all necessary documentation with each drawdown request, also to be submitted to CTCS by the 10 th of every month. MACC entry of participant data will be reviewed and approved by the CTCS before the drawdown request will be processed. 5

8 Revised: March 23, 2017 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP-NDWG) SUPPORTIVE SERVICES POLICY Eligible Participants Individuals enrolled in the Sector Partnership NDWG may be eligible to receive supportive services to assist in offsetting some of the expenses they will incur while participating in a NDWG-approved training program, such as travel expenses (gas), meals, childcare, and other various supplies and expenses that are deemed relevant in assisting a participant to complete training. In order to receive a training allowance, NDWG participants must meet the following criteria: 1. Participants must be registered in the Sector Partnership NDWG program and must be enrolled in NDWG-approved training at a state community and technical college that is also a WIOAeligible training program. 2. Participants must obtain verification from the community and technical college of their attendance on the Bi-Weekly Attendance Form. 3. Participants must submit Bi-Weekly Attendance Forms to their WIOA case manager. 4. Participants must be in good standing with the community and technical college, Workforce Development Boards (WBDs), and WorkForce West Virginia. 5. Participant must maintain satisfactory performance and progress in his/her training program. 6. Supportive Services will be paid to the NDWG participants as long as NDWG funds are available. Amount Participants will receive $20 per day for each day they attend NDWG-approved courses/programs until the completion of their training programs. This amount may be used for travel expenses, gas, meals, childcare, and other personal expenses. 6

9 Participants are also allotted a maximum of $50 of supportive services to cover additional training supplies costs that cannot be covered by education and training funds. These purchases must be approved as a justifiable need by either a representative of the respective Workforce Development Board or by SP CTCS staff. Purchases will be reimbursed by the respective Workforce Development Board after the participant provides a valid receipt for the purchase. These funds may only be utilized after all other SP funds relating to fees and supplies have been exhausted. Procedures for Processing Supportive Services: 1. In order to request supportive services, the participants must: o o o o o o All participants must have the faculty complete and sign the Bi-Weekly Attendance Form in addition to signing it themselves. Participants must submit the Bi-Weekly Attendance Form to a WIOA case manager. The WIOA case manager must complete and sign a Request for Reimbursement for each participant for each Bi-Weekly period. WDBs will issue supportive services payments to the participants once all paperwork is completed and approved. WBDs will process payments directly to participants. WDB s will provide attendance forms and back-up documentation of payments to CTCS at the end of each month for monitoring. 7

10 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ALCOHOL / DRUG FREE POLICY STATEMENT Any use, consumption, sale, purchase, transfer, or possession of any alcohol or controlled substance by any program participant, grantee employee, or employee of a subcontractor while on a training site or job placement site is prohibited. Program participants, grantee employees, and/or employees of a subcontractor are strictly prohibited from being under the influence of alcohol or any controlled substance while attending a grantee sponsored training sessions or meetings. Legally prescribed medications are excluded from this prohibition and permitted only to the extent that the use of such medications does not adversely affect the participants/employees work training ability, or the safety of the participant, employees, and others. As a condition of participation in the program, participants agree to abide by the terms of the prior paragraphs and to notify the grantee of any criminal drug statue conviction or violation. Policy Violations Any participant, grantee employee, or employee of the subcontractor who violates this policy shall be subject to disciplinary action up to and including immediate termination. Sanctions may include, but are not limited to, a requirement that the violators participate in a drug abuse or alcohol assistance or rehabilitation program. 8

11 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) PROHIBITED WORKPLACE HARASSMENT Nondiscrimination/Anti-harassment Policy The Community and Technical College System (hereafter collectively referred to as the Council ) is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, the Council expects that all relationships among persons in the work environment will be business-like and free of bias, prejudice and harassment. Definitions of Harassment Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Council Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: o o o (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or, (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature. Harassment on the basis of any other legally protected characteristic also is strictly prohibited. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion 9

12 toward an individual because of his/her race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is placed on walls or elsewhere on the employer's premises or circulated in the workplace, on company time or using company equipment by , phone (including voice messages), text messages, social networking sites, etc. 10

13 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) PAYMENT FOR ONLINE COURSES/PROGRAMS Individuals enrolled in the Sector Partnership NDWG may take online courses and programs. The tuition and fees for online courses and programs should be paid in full at the start of the program. Any action taken to refund tuition and fees will follow the refund policy of the college or third party provider. 11

14 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) ON-THE-JOB TRAINING GUIDANCE I. REFERENCE(S) Workforce Innovation and Opportunity Act (WIOA), Section 134 (d) (h), Section 181 WIOA regulations at 20 CFR Part Training and Employment Guidance Letter (TEGL) No and Changes 1-4, National Emergency Grant Policy Guidance Workforce Investment Act: National Emergency Grants - Application Procedures, 69 Fed. Reg (April 27, 2004) II. PURPOSE The Community and Technical College System has issued this policy guidance to ensure that a uniform process is used statewide for providing consistent OJT employer and participant contracts for the Sector Partnership National Dislocated Worker Grant (SP NDWG). This guidance provides the procedures for SP NDWG negotiating OJT contracts and processes to be followed in accordance State guidelines. III. BACKGROUND The United States Department of Labor (USDOL) recommends On-the-Job (OJT) Training for SP NDWG program eligible participants as it provides valuable training to the worker and leads to a more timely transition back into the work force. In accordance with the USDOL guidelines, all participants eligible for the SP NDWG Program are to be dual enrolled in both the Workforce Investment Opportunity Act (hereafter referred to as WIOA) and the SP NDWG Program. Therefore, Community and Technical College System s SP NDWG staff and the One-Stop Operations Division will work in conjunction with state approved energy, advanced manufacturing, IT, and allied health employers statewide in providing the OJT in accordance with the Roles and Responsibilities contained within this SP NDWG OJT Contract Agreement. 12

15 IV. PROCESS WorkForce WV Wagner Peyser Long Term Unemployed Specialist identify potentially eligible SP NDWG participants, dislocated workers or displaced homemakers who are in need training services to be appropriately trained for a career opportunity in the energy, advanced manufacturing, IT, or allied health sectors leading to a permanent job. WorkForce WV One-Stop WIOA Eligibility staff determines WIOA-Dislocated Worker and WorkForce WV SP NDWG Unit reviews and determines SP NDWG eligibility for potential participants. In addition to classroom occupational skills training, SP NDWG participants may participate in On-the-Job (OJT) training which is based upon an employer hiring the SP NDWG participant for up to six (6) months, 1040 hours or $10,000 whichever occurs first and providing skills training while employed based upon the type of training plans developed by the employer. The employer is reimbursed for a certain percentage of the SP NDWG participant wages in accordance with State guidelines. The employer is not required to retain the SP NDWG participant once the number of OJT training hours have been met, but the intent of OJT training is that once the employer has trained the SP NDWG participant and that individual is meeting the needs of the employer, the employer will hopefully retain the SP NDWG participant as a permanent employee. This is a win win situation for both the employer and the SP NDWG participant. Therefore, the SP NDWG provides funding for eligible SP NDWG participants to enroll in an OJT with energy, advanced manufacturing, IT, or allied health SP NDWG OJT Employers. However, SP NDWG participants must meet certain criteria to be eligible for this type of training service as explained in more detail on the following pages. OJT Contract Process: Employer Roles and Responsibilities: SP NDWG OJT employers will be required to provide a training plan to include an employer s minimum required qualifications for an individual to be hired into a training position. A Job Description will include specific basic or advanced skills; knowledge of specific tools; items of equipment or procedures; licensing requirements; and educational requirements for SP NDWG OJT participants SP NDWG OJT employers will be required to provide a Training Task Outline/Developing Specific Skill Sets which lists or describes each major area or position tasks consistent with the job description required before the trainee can become an employee. The listing should include specific required methods of performance or use of items of equipment. The Training Task Outline should not include general orientation the employer or training site would normally provide to each employee or trainee SP NDWG OJT employers will be required to abide by all guidelines, regulations, and requirements stated in the SP NDWG OJT contract 13

16 As a condition of entering into a SP NDWG On-the-Job (OJT) Contract, the employer will agree to the following stipulations: 1. No currently employed individual may be displaced, including partial displacement, such as a reduction in the hours of non-overtime work, wages or employment benefits. 2. Training does not impair existing contracts for services or collective bargaining agreement; 3. In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence has been obtained from the concerned labor organizations. 4. No other individual is on layoff from the same or any substantially equivalent job for which such eligible SP NDWG participant is being trained. 5. The employer has not terminated the employment of any regular employee, or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible SP NDWG participant; 6. The job for which the eligible participant is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of the currently employed individuals. 7. An employer may be reimbursed who agrees in the customary work environment to train and hire a SP NDWG participant who does not already possess all the skills necessary to perform a job. 8. Reimbursement rate will be 75%. 9. Reimbursement is compensation for the costs associated with training the SP NDWG participant and providing additional supervision related to training. 10. Training will not be allowed for a SP NDWG participant who already possesses the specific skills necessary for the occupation as identified in the training outline of the written SP NDWG OJT agreement and as determined in the assessment/approval process. 11. The employer agrees to offer full time employment to provide on-the-job (OJT) training to the SP NDWG participant. 12. The employer must provide no more than 1040 hours, six (6) months or $10,000 of reimbursable training. 13. The employer must provide assurances to document good standing with the State of West Virginia; 14. All SP NDWG OJT contracts must be reviewed and approved by the State SP CTCS Unit prior to the selected participant starting the OJT. If any modifications to the OJT contract are necessary, such as a change in the training end date, the OJT contract must be amended and approved by the State SP CTCS office. *Note: The employer must allow bi-monthly, on-site visits by an SP NDWG representative to monitor the progress of the OJT. 14

17 Participant Roles and Responsibilities: Participant will report to work as scheduled and complete all training hours Participant will follow all company policies and procedures Participant will abide by all guidelines, regulations, and requirements stated in the SP NDWG OJT contract Participant will maintain full time employment status based upon contract of $10,000 up to 6 months, or 1,040 hours whichever comes first Participant will participate in bi-monthly monitoring visits by phone or in person WV/WorkForce Development Boards Roles and Responsibilities Recruit SP NDWG OJT employers Review and submit potential SP NDWG OJT participants for potential OJT contracts based on the requirements of the available OJT positions submitted by SP NDWG OJT employers Write OJT contracts for a maximum of $10,000 up to 6 months or 1,040 hours and develop a skill set/training plan for the SP NDWG participant Determine SP NDWG and WIOA (WorkForce Investment Opportunity Act) Long-term Unemployed, Dislocated Worker, Displaced Homemaker, and/or Individuals identified as likely to exhaust Unemployment Insurance (UI) Benefit eligibility The state SP CTCS Unit will complete participant registration Enter OJT services and cost for SP NDWG Participants in the MACC for local and state approval, and indicate the number of training weeks and costs Monitor participant progress through on-site visits with the SP NDWG employer and conduct interviews with SP NDWG participants either in person or by phone depending upon the SP NDWG participant s work schedule Maintain SP NDWG OJT participant files in accordance with State SP NDWG checklist requirements WorkForce Development Boards will Process invoices and submit to CTCS to reimburse SP NDWG OJT employers based on number of employees in accordance with the SP NDWG OJT Employer Reimbursement Procedure WV SPNDWG OJT employers will be required to abide by all guidelines, regulations, and requirements stated in the SP NDWG OJT contract 15

18 SP NDWG OJT Participation WV SP NDWG OJT eligible participants who are interested in participating within a WorkForce Development Board Region not located in the participant s resident region will require a review. The State SP CTCS Unit, the resident WorkForce Development Board, and the selected WorkForce Development Board will discuss the situation and intention of the participant; once the review is complete the State SP CTCS Unit will make a determination and provide guidance on how to proceed. If the determination is made the participant can receive services through the selected region, the SP NDWG participant must sign and initial a SP NDWG Case Management Disclaimer. 16

19 SECTOR PARTNERSHIP NATIONAL DISLOCATED WORKER GRANT (SP NDWG) OJT EMPLOYER REIMBURSEMENT PROCEDURE Reinbursement Provisions: The employer will be reimbursed at a rate of 75% of the starting salary of the participant during the duration of the contract for specified the number of training hours, which shall not exceed 1,040 hours. The NDWG Program reimburses for a basic 40-hour week. The NDWG Program does not reimburse for overtime (hours over 40 hours), fringe benefits, or holidays, vacation days or any other type of non-training hours. Reimbursement will be made in accordance with the employer s payroll schedule, in the amount determined by dividing the total training amount of the contract by the number of months of approved training. The employer will submit an OJT invoice at the end of each payroll schedule with proof of worked attached, signed by both the participant and employer. The participant must start the training at the same wage rate as any other trainee in the same position hired by the employer. The NDWG training funds cannot be used to enable the participant to start at a higher than normal salary. Reimbursement Calculations: Training must be billed based on the payroll schedule of the NDWG OJT Employer at a rate of 75%. The reimbursement payment is based on the actual number of hours worked by the participant no reimbursement for overtime, fringe benefits, holidays, vacation days or any other type of nontraining hours. Maximum Allowable Reimbursement= (Total Hours =) x (75 % Starting Wage) = $ Special Employer Conditions: An employer must meet the following special conditions in order to be approved for an NDWG/OJT contract. These conditions are included in the NDWG/OJT contract, but the employer must be aware of these conditions and must agree verbally these conditions will be met before preliminary training approval can be given. 17

20 As a condition of entering into an NDWG On-the-Job (OJT) Training Contract, the employer agrees to the following stipulations: 1. No currently employed individual may be displaced, including partial displacement, such as a reduction in the hours of non-overtime work, wages or employment benefits. 2. Training does not impair existing contracts for services or collective bargaining agreement; 3. In the case of training which would be inconsistent with the terms of a collective bargaining agreement, written concurrence has been obtained from the concerned labor organizations. 4. No other individual is on layoff from the same or any substantially equivalent job for which such eligible NDWG participant is being trained. 5. The employer has not terminated the employment of any regular employee, or otherwise reduced the workforce with the intention of filling the vacancy so created by hiring the eligible NDWG participant; 6. The job for which the eligible participant is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of the currently employed individuals. 7. An employer may be reimbursed who agrees in the customary work environment to train and hire a NDWG participant who does not already possess all the skills necessary to perform a job. 8. Reimbursement is compensation for the costs associated with training the NDWG participant and providing additional supervision related to training. 9. Training will not be allowed for a NDWG participant who already possesses the specific skills necessary for the occupation as identified in the training outline of the written NDWG OJT agreement and as determined in the assessment/approval process. 10. The employer must provide no more than 1040 hours, six (6) months or $10,000 of reimbursable training. 11. The employer must provide assurances to document good standing with the State of West Virginia. 18

21 TITLE 135 LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION General Purpose. SERIES 27 WORKFORCE DEVELOPMENT INITIATIVE PROGRAM 1.1. Scope: The West Virginia Council for Community and Technical College Education (Council) consistent with provisions of West Virginia Code 18B-3D-2 and '18B-3D-6, adopts the procedures and guidelines for the administration of the Workforce Development Initiative Program Authority: West Virginia Code 18B-3D Filing Date: June 21, Effective Date: June 21, Repeal of Former Rule: Repeals and replaces Title 135, Series 27 which had an effective date of April 11, The purpose of this rule is to set forth provisions for the administration of grant funding, criteria for applications, determination and distribution of funds, and performance evaluation for the Workforce Development Initiative Program, including the Learn and Earn Program, that was created by the West Virginia Legislature with a mission to develop a strategy to strengthen the quality of the state s workforce by linking the existing postsecondary education capacity to the needs of business, industry and other employers by utilizing available funding to provide explicit incentives for partnerships between employers and community and technical colleges to develop comprehensive workforce development services Grant Eligibility Under the provisions of this rule, higher education institutions so designated by West Virginia Code '18B-1-2, as a community and technical college, are eligible to apply for grant funding. 1 19

22 3.2. To be eligible for a grant under this program, a community and technical college must: 3.2.a. Develop programs that meet documented employer needs; 3.2.b. Involve and collaborate with employers in the development of programs; 3.2.c. Develop customized training programs that provide for the changing needs of employers and are offered at flexible times and locations to accommodate employer scheduling; 3.2.d. Develop partnerships with other public and private providers; 3.2.e. Establish cooperative arrangements with public school systems for the seamless progression of students from the secondary level through the community and technical college level, particularly in the area of career-technical education; 3.2.f. Assist with the ongoing assessment of workforce development needs of the community and technical college consortia district; 3.2.g. Actively participate in a community and technical college consortia planning district and facilitate the involvement of consortia members in the development of applications for funding through this program; 3.2.h. Include in its institutional compact a plan to achieve measurable improvements in the quality of the workforce in the community and technical college consortia planning district; 3.2.i. Establish a special revolving fund under the jurisdiction of the community and technical college dedicated solely to workforce development initiatives; 3.2.j. Agree to put curricula developed with funding through this program into an electronic format for inclusion on a state-level database for sharing with other community and technical colleges; 3.2.k. Develop a specific plan outlining how the community and technical college will collaborate with local postsecondary institutions to maximize the use of existing facilities, personnel and equipment; and 3.2.l. Agree to adhere to all terms, conditions and deliverables as specified in the application for proposals and this rule. 2 20

23 ' Learn and Earn Program Under the following provisions, eligible community and technical colleges may partner with employers to provide cooperative education opportunities for students that meet at a minimum the following: 4.1.a. 4.1.b. 4.1.c. 4.1.d. 4.1.e. 4.1.f. 4.1.g. 4.1.h. Funding is limited to cooperative education programs for those career-technical programs in which documentation can be provided to validate the program is a high-demand occupation. The cooperative education program must be a paid work experience that pays the student no less than $10.00 per hour. The experience must provide the student with a supervised work experience in the student s expected career field or program of study and reinforce learning that has occurred in the academic program. The experience must have clearly stated measurable learning goals and objectives reflecting on what the student s expected learner outcomes will be throughout the experience. The experience must be part of the academic program and carry college credit as determined by program faculty. The experience must have an assessment component that documents the student has adequately mastered the expected learner outcomes. The experience must be for a defined period of time and may be on a part- or full-time work basis. Participation in at least one training session provided by the Council on developing and implementing cooperative education programs Grant Review The Chancellor of the West Virginia Council for Community and Technical College Education (Chancellor) shall provide grant applications to all eligible institutions with stated deadline dates for submission The Chancellor shall appoint an Advisory Committee consistent with the provisions of West Virginia Code to review applications and make recommendations to the Council for funding. 3 21

24 Application Content At the call of the Chancellor, the Advisory Committee may meet as often as necessary to review grant proposals In evaluating grant proposals, the Advisory Committee shall give priority to proposals involving businesses with fewer than fifty employees, and grants will not be awarded that provide unfair advantage to employers new to the state that will be in direct competition with established local businesses Each proposal for a Workforce Development Initiative Program grant shall: 6.1.a. Identify the goals and objectives of the program, the specific business sector training needs, and the job market demand to be addressed; 6.1.b. Identify the number of participants to be served during the grant period, anticipated placement rate, and wage benefit of completers; 6.1.c. Identify private and public sector partners including those with public school career-technical education which minimizes duplication of programming and maximizes the use of existing facilities; 6.1.d. Provide a letter of support for the proposal from the local Workforce Investment Board; 6.1.e. Provide a detailed work plan, a budget and an evaluation plan to gauge the progress of the program; 6.1.f. Provide letters of commitment from private or public sector partners confirming actual funding amount provided for the match requirement; and 6.1.g. Provide a plan for sustaining the program after grant funding is exhausted In addition to the provisions of 6.1., those community and technical colleges applying for grant funding to support a Learn and Earn project shall: 6.2.a. Complete the Learn and Earn section of the application describing in detail the cooperative 4 22

25 Financial Match Requirements. education work experience reflecting the provisions contained in Section 4.1 of this Rule. 6.2.b. Provide a written agreement between the college and the participating employer describing a formalized work plan for the work experience component Each proposal must provide a commitment letter from private or public sector partners for a match of one dollar, cash and in-kind, for each dollar of state grant funding awarded An in-kind match shall not constitute more than fifty percent (50%) of the required match For the Learn and Earn Program, the paid work experience must have, at a minimum, a cash dollar-for-dollar match from the participating employer. No in-kind match can be used to meet the dollar match requirement for the Learn and Earn Program With the exception of the Learn and Earn Program, if previously used equipment is committed, the current market value of the equipment must be used in determining an in-kind match amount In cases where it can be documented that it is a hardship for a private sector partner to provide a dollar to dollar match, the required match may be reduced to one dollar for each three dollars of state funding awarded. Such cases meriting a reduction in the match requirement may include but are not limited to: 7.5.a. Private sector employers whose operations are located in rural areas of West Virginia; 7.5.b. Employers with fewer than fifty employees; 7.5.c. New start-up businesses operating five years or less in the state; and 7.5.d. Employers developing new or expanding operations in the state resulting in a minimum investment of two million dollars; 7.6. With the exception of the Learn and Earn Program, new equipment may be committed to meet cash match requirements based on the actual documented purchase price of the equipment. 5 23

26 7.7. If the grant award is solely for the purpose of modernizing equipment, the match requirement is one dollar for each two dollars in state funding awarded Match requirements may be provided by public sector partners utilizing state or federal dollars if funding for the Workforce Development Initiative Program for the current fiscal year exceeds six hundred and fifty-thousand dollars, and in which case one-half of the funded amount exceeding six hundred and fifty-thousand dollars may be granted utilizing a public sector match Accountability and Reporting Requirements A community and technical college receiving a grant under the provisions of this program shall submit to the Chancellor all requested programmatic accountability data and budgetary reports including but not limited to: 8.1.a Annual and final reports detailing program expenditures; 8.1.b Annual reports on activities conducted and dates completed; and 8.1.c A final report on goals achieved, number of participants served, number of completers, number of completers placed in employment or obtaining a wage increase, cost of training per participant, and other information deemed necessary by the Council Equipment purchased or upgraded with grant funds under this program may not be sold, disposed of, or used for purposes other than those specified in the grant proposal without approval of the Council Grant Extension and Renewal Generally, grants will be awarded on a one-year basis, but funding for the Learn and Earn program may be for multiple years reflecting the duration of the career-technical program The Chancellor may authorize the expenditure of carry-forward funds upon written request by the institution Subject to meeting stated goals, timeframes, cash match requirements, and with the recommendation of the Advisory Committee, the Council may renew a grant up to five years following the initial grant award. 6 24