Florida's
Methods of Administration
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State of Florida
Agency for Workforce Innovation
The Methods of Administration Under the Workforce Investment Act of 1998 (WIA)
Preface
Preface
In the three years since the Agency’s Methods of Administration (MOA) was approved by the U.S. Department of Labor’s Civil Rights Center, there have been changes in the State’s workforce programs, which, to varying degree, necessitate revision to the MOA. Some of these changes are a result of downturns in the economy; others are a result of programmatic and operational decisions. We believe now is an appropriate time to revise the MOA to reflect the changes. We believe the changes are constructive and positively reflect Florida’s commitment to continuous improvement.
The federal nondiscrimination regulations implementing Section 188 of the Workforce Investment Act of 1998 (Public Law 105-220, August 7, 1998) require that the governor of each state develop and implement a methods of administration (MOA). The MOA is designed to give a reasonable guarantee that all recipients of federal financial assistance under the Act will comply, and are complying with the nondiscrimination and equal-opportunity provisions of the Act and the referenced regulations.[1] The MOA must be reviewed biannually, at a minimum, and updated whenever necessary.
Since our MOA was last updated, in July 2004, we have made several revisions and additions, perhaps most notably to our discrimination-complaint procedures and to our guidance on confidentiality and limited-English proficiency. In addition, we discuss the posting of our nondiscrimination notice, discrimination-complaint and complaint-mediation procedures in audio format, on the Internet, and the availability of these documents in Braille, from the Office for Civil Rights.
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Office for Civil Rights April 2006
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State of Florida
Agency for Workforce Innovation
The Methods of Administration Under the Workforce Investment Act of 1998 (WIA)
Table of Contents
Section Page
Preface* i
Policy Statement on Nondiscrimination ix
Introduction xi
What is a Methods of Administration? xi
WIA Title I Program Administration and Oversight* xi
I. United States Department of Labor xi
II. State of Florida xii
The Agency for Workforce Innovation: Mission and Vision* xiv
The One-Stop Career Center System* xiv
Tabs
I-1 Workforce Florida, Inc. Board of Directors*
I-2 Agency for Workforce Innovation (operating organizational chart)*
I-3 One-Stop Center Directory
Element 1: Designation of State- and Local-Level Equal Opportunity Officers I-1
110 State Equal Opportunity Officer* I-1
120 The State Equal Opportunity Officer's Scope of Responsibilities* I-1
130 Professional and Administrative Support Staff Available to the State Equal
Opportunity Officer* I-2
140 Budget* I-2
150 Designation of an Equal Opportunity Officer by Workforce Investment Act Recipients (Local Workforce Investment Boards)* I-3
160 Notification of Designation of the Regional Workforce Board's
Equal Opportunity Officer I-4
170 Documentation by the Regional Workforce Boards* I-5
Tabs for Element 1
1-A State and Workforce Board Equal Opportunity Officers*
1-B OCR Training for EO Officers, One-Stop Disability Specialists and Disability Program Navigators*
Element 2: Notice and Communication II-1
210 Notice* II-1
211 Limited English Proficiency and Alternative Formatting for Individuals
with Disabilities* II-2
220 Publications* II-3
230 Equal Opportunity Training* II-5
231 Recipient Equal Opportunity Officer Training* II-5
232 New Employee Equal Opportunity Training* II-5
233 Basic Sexual Harassment Awareness and Prevention* II-6
* Contains revisions to information in the Methods of Administration prepared in July 2004.
234 Other Staff Training (new) II-6
240 Communiqué, Consultation Paper, and Guidance Paper Development
and Dissemination* II-7
250 Weekly Agency Newsletter (The Innovators)* II-7
260 Documentation by the Regional Workforce Boards II-7
Tabs for Element 2
2-A 1 - Equal Opportunity is the Law (poster, in English)
2 - Equal Opportunity is the Law (poster, in Spanish)
3 - Equal Opportunity is the Law (poster, in Haitian Creole)
4 - Equal Opportunity is the Law (poster, in French)
2-B Agency Equal Opportunity Policy
2-C Agency Policy on Sexual Harassment*
2-D Language-Identification (“I speak”) Cards (new)
2-E Brochure: Sexual Harassment . . . an Issue of Respect (new)
2-F Guide to Interview Questions (new)
Element 3: Review Assurances, Job Training Plans, Contracts, Policies and Procedures III-1
310 Assurance Statement III-1
320 Application for Financial Assistance: Written Assurance III-2
330 Notification of the Requirement III-2
340 Duration of Obligation III-2
350 Real Property III-3
360 Access to Information III-3
370 Review of Training Providers' Grant Applications and Requests for Approval III-3
380 Nondiscrimination Clause Review III-4
390 Timetable for Policy SubmittalPolicy Development and Review* III-4
Tabs for Element 3
3-A Memorandum to the Regional Workforce Boards (RWBs) Executive Directors: Contract Requirements
3-B Core Contract Form
3-C Contract/Grant Review Form and Instructions
Element 4: Universal Access IV-1
410 Outreach and Recruitment* IV-1
420 Limited English Proficiency and Alternative Formatting for Individuals
with Disabilities* IV-3
Tabs for Element 4
4-A Guidance Paper (draft): USDOL Guidelines to Language Assistance
for Individuals with Limited English Proficiency (LEP)Language Assistance for Limited English Proficient
(LEP) Persons
4-B Document Translation Assistance (new)
4-C Florida Unemployment Compensation Services for Customers with
Disabilities and Non-English Speaking Customers*
* Contains revisions to information in the Methods of Administration prepared in July 2004.
Element 5: Compliance with Laws Concerning Individuals with Disabilities V-1
510 Communication* V-1
520 Programmatic Accessibility* V-3
530 Architectural Accessibility* V-3
540 Reasonable Accommodation* V-4
545 Reasonable Modification* V-5
550 Employment-Related Provisions* V-5
560 Confidentiality of Information* V-6
570 State-Level Public- and Private-Sector Program Coordination (new) V-7
575 Training* V-8
580 Resources on Line V-8
590 Documentation by the Regional Workforce Boards* V-8
Tabs for Element 5
5-A Agency Policy on Program Accessibility and Services to Individuals with Disabilities
5-B Guidance Paper 042 (draft, revised): Guidelines for Compliance with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, and Section 188 of the Workforce Investment Act of 1998*
5-C Workforce Investment Act (WIA) Section 188 Disability Checklist
5-D Guidance Paper 033 (draft, revised): Confidentiality of Records and Public Records Requests and Subpoenas*
Element 6: Data and Information Collection and Maintenance* VI-1
610 Demographic Information VI-1
620 Data Confidentiality* VI-1
630 Data Analysis* VI-2
640 Retention of Information VI-3
650 Sample Reports and Forms VI-3
660 Census Data* VI-4
670 Medical Information VI-4
Tabs for Element 6
6-A 1 - First-Tier Comparative Analyses
2 - Second-Tier Data Analyses
6-B Data Analyses
6-C Sample Analysis
6-D Medical Certification (form)
* Contains revisions to information in the Methods of Administration prepared in July 2004.
Element 7: Monitoring Recipients for Compliance* VII-1
710 Phase One: Planning and the Desk Review* VII-1
720 Phase Two: The Site Review* VII-2
730 Phase Three: Report Preparation and Compliance Monitoring* VII-4
740 Conciliation VII-4
750 Review Scheduling VII-5
760 Documentation by the Regional Workforce Boards* VII-5
Tabs for Element 7
7-A Compliance-Review Notification (sample letter)*
7-B 1 - WIA Title I Programs Compliance-Review Questionnaire: Recruitment
2 - WIA Title I Programs Compliance-Review Questionnaire: Assessment
7-C Equal Opportunity Survey (staff questionnaire)(removed)
7-D Participant Questionnaire: WIA Title I Programs
7-E 1 - One-Stop Customer Questionnaire (in English)
2 - One-Stop Customer Questionnaire (in Spanish)
3 - One-Stop Customer Questionnaire (in English, larger print)
7-F Community-Based Organization Questionnaire
7-G Facility Accessibility Survey
7-H Civil Rights Program Review ChecklistGuide to Conducting Equal Opportunity Monitoring Reviews (new)
7-I Sample Report (new)
7-J 1 - The Corrective-Action Plan is Satisfactory (letter to the workforce board) (new)
2 – The Corrective-Action Plan is Satisfactory (internal memorandum)*
3 - The Corrective-Action Plan Requires Clarification (sample letter)*
4 - The Corrective-Action Plan Has Not Been Received (sample letter)*
7-J Proposed Corrective-Action Plan (sample form)
7-K Compliance Review Evaluation (sample form)
7-L Program Monitoring Process: Nondiscrimination Program Monitoring (charts)
Element 8: Discrimination-Complaint Processing Procedures* VIII-1
810 Filing and Investigating Discrimination Complaints* VIII-1
820 Alternative Dispute Resolution: Mediation VIII-2
830 Intimidation and Retaliation Prohibited VIII-2
840 Record Keeping VIII-3
850 Dissemination of Procedures and Forms* VIII-3
860 Complaint-Investigation and Mediation-Program Time Lines VIII-3
* Contains revisions to information in the Methods of Administration prepared in July 2004.
Tabs for Element 8
8-A 1 - Discrimination-Complaint Procedures*
2 - Procedimientos para la Presentación de Quejas por Discriminación (new)
8-B 1 - Discrimination Complaint Forms Package
2 - Paquete de Formularios de Reclamo por Discriminación
8-C Discrimination Complaint Procedures (excerpt)(removed)
Procedimientos para iniciar un Reclamo por Discriminación (extracto)
8-D 1 - Discrimination-Complaint Resolution through Mediation*
2 - Resolución de Quejas por Discriminación a través de la Mediació (new)
8-E Communiqué (draft): Discrimination-Complaint Record Keeping:
the On-line System
8-F Memorandum (draft): Log-on and Use of the Office for Civil Rights On-line Discrimination-Complaint System
8-G Discrimination-Complaint Investigation and Mediation Time Lines (chart)
Element 9: Corrective Actions and Sanctions (General Provisions) IX-1
910 Corrective Action IX-1
920 Remedial Action IX-1
930 Procedures IX-2
940 Monitoring IX-3
950 Sanctions IX-3
Tab for Element 9
9-A Corrective Actions and Sanctions: Procedures*
Tables
4.1 Languages Spoken at Home IV-6
8.1 Prohibited Discrimination Under Laws Applicable to Selected programs of the
Agency for Workforce Innovation, the Local Workforce Investment Boards
and Service Providers VIII-3
8.2 Whom to Contact for Information or to File a Discrimination Complaint VIII-4
9.1 Potential Sanctions IX-4
* Contains revisions to information in the Methods of Administration prepared in July 2004.
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Office for Civil Rights April 2006
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State of Florida
Agency for Workforce Innovation
The Methods of Administration Under the Workforce Investment Act of 1998 (WIA)
Introduction
Introduction
What is a Methods of Administration?
A Methods of Administration is a document that is prepared and submitted to the United States Department of Labor by each state that receives federal financial assistance under TitleI of the Workforce Investment Act of 1998 (WIA). The document, commonly referred to as an MOA, is designed to give a reasonable guarantee that all recipients of federal financial assistance under TitleI of the WIA will comply, and are complying, with the nondiscrimination and equal opportunity provisions of the WIA. These provisions are described in Section 188 of the WIA. The governor must sign the Methods of Administration.
Federal regulations, in the form of a rule, implement the nondiscrimination and equalopportunity provisions of Section188 of the WIA. These regulations are codified as 29CFRpart37: Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998. It is these regulations that establish the requirement for the Methods of Administration, and reference is made to various sections of 29CFRpart37 throughout Florida’s MOA. [2]
WIA Title I Program Administration and Oversight
The following is an overview of the public- and private-sector partnership in the administration and oversight of federal financially assisted programs under Title I of the WIA in Florida.
I. United States Department of Labor
The United States Department of Labor is responsible for the authorization and appropriation of such funds as may be necessary for any fiscal year to the states to carry out the programs and activities under Title I of the WIA.
Office of the Secretary
The Secretary of the United States Department of Labor reviews and approves the State Plan for overall compliance with Sections 111 and 112 of the WIA.
Employment and Training Administration
The Employment and Training Administration (ETA) has, as one of its responsibilities, the review and approval of the states’ five-year strategic plans for programs under the WIA. Florida’s initial five-year plan was approved by the ETA on March 3, 2000.[3]
Civil Rights Center
The Civil Rights Center (CRC), in the Office of the Assistant Secretary for Administration and Management, is responsible for administering and enforcing Section188, the nondiscrimination and equal opportunity provisions of the WIA, and 29CFRpart37, the implementing regulations, and for developing and issuing policies, standards, guidance, and procedures for effecting compliance. The Director of the CRC is responsible for ensuring that each state complies with the provisions of Section188 and, to that end, maintains a staff that provides oversight and technical assistance as well as complaint investigation and resolution. The Director also reviews and approves the Methods of Administration for the WIA Title I programs for each state, and works with the state’s governor and equal opportunity officer for the WIA programs to ensure the state's programs are carried out in a nondiscriminatory manner.
II. State of Florida
The Governor
The WIA and its regulations at 29CFRpart37 designate the governor as responsible for oversight of all WIA Title I-financially assisted state programs. The governor must establish and adhere to a Methods of Administration for state programs as defined in the regulations.
The Workforce Innovation Act
In May 2000, the Florida Legislature passed the Workforce Innovation Act to provide the structure for administration and oversight of federally assisted job programs in Florida. Among the key provisions of this landmark legislation was the establishment of the following:
State Workforce Investment Board
The state's workforce investment board was established to provide program oversight. Board membership, which was established to comply with Section 111 of the WIA, reflects the partnership between the public and private sectors and is drawn from all regions of the state. The board includes representatives from business and industry, the state community-college and university systems, as well as the several state agencies whose membership is mandated. (See Tab I-1)
Workforce Florida, Inc.
Workforce Florida, Inc. (WFI) is the state's chief workforce policy organization. Created by the Workforce Innovation Act of 2000, WFI is the principal architect in the state's efforts to develop and retain a highly competitive workforce responsive to the needs of employers. To improve performance and accountability, the legislation establishing WFI consolidated various workforce programs and funding streams, including Florida's pacesetting welfare reform initiative, under a single umbrella.
The Workforce Florida Board is comprised of three standing committees—Executive, Finance, and One-Stop—and three standing councils that are tasked with developing strategies to target the needs of job seekers and employers across the employment spectrum--from entry into the workforce to cultivating workers to fill coveted high-skill/high-demand jobs. On an as-needed basis, the board may form task forces or other special groups to focus on specific issues.