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Policy Guidance

For a complete listing of RSA policy guidance, please visit Sub-Regulatory Guidance

The following guidance documents implement the WIOA performance accountability system for the State VR Services Program, as required by section 116 of WIOA and the joint regulations in Subpart E of 34 CFR 361: Performance Accountability Under Title I of WIOA. RSA developed several of these guidance documents jointly with its Federal partners at the U.S. Department of Labor's Employment and Training Administration and the U.S. Department of Education's Office of Career, Technical, and Adult Education. Joint policy guidance is labeled as such and these documents also apply to the other five WIOA core programs. 

Joint WIOA Core Program Performance Accountability Assessments in PY 2o22

On August 11, 2023, DOL and ED issued joint policy guidance related to PY 2022 performance assessments. The Departments have determined it is appropriate and reasonable to assess performance for the WIOA title I, III, and IV core programs for PY 2022 for the following performance indicators, as applicable:

  • Employment Rate 2nd Quarter after Exit;
  • Median Earnings 2nd Quarter after Exit;
  • Employment Rate 4th Quarter after Exit; and
  • Credential Attainment Rate.

The Departments have determined that the available baseline data are not sufficient to produce reliable estimates using the required statistical adjustment model for the remaining performance indicators. Therefore, the Departments have determined it is necessary to delay assessment of:

  • Measurable Skill Gains Rate for the WIOA titles I and IV core programs;
  • All performance indicators for the WIOA title II core program;
  • The Overall State Indicator Scores; and
  • The Overall State Program Scores for the WIOA titles I, II, and IV programs.

Joint Guidance on Negotiations and Sanctions 

On May 10, 2023, RSA reissued TAC 20-02: Negotiations and Sanctions Guidance for WIOA Core Programs. This joint policy guidance rescinds and replaces the joint policy guidance published on February 6, 2020. Through this revised guidance, the Departments: 

  • Revise their approach to using the statistical adjustment model for the purpose of assessing state performance;
  • Clarify the implementation of potential financial sanctions for consecutive performance failures occurring across multiple State Plan periods; and
  • Clarify that states can be sanctioned up to 10 percent of the Governor’s Reserve Allotment if there is consecutive performance failure and a failure to report for the same program year.

The joint policy guidance also continues to delineate the process for negotiating levels of performance and explains the two instances in which a state may be sanctioned. 

Joint Guidance for the WIOA Performance Accountability System

On September 15, 2022, RSA reissued TAC 17-01: Performance Accountability Guidance for WIOA Core Programs. This joint policy guidance elaborates on the performance accountability requirements in section 116 of WIOA, the Joint WIOA Final Rule, and performance reporting requirements.

Post-Employment Services FAQs

On March 14, 2022, RSA issued FAQ 22-03: Post-Employment Services in response to questions VR agencies have asked regarding how to provide post-employment services to individuals with disabilities who have achieved employment outcomes and how to report these services on the Case Service Report (RSA-911), particularly because of the reporting requirements in Section 116 of the WIOA and its regulations. Specifically, VR agencies have asked how to report post-employment services since, as explained in these FAQs, VR agencies cannot reopen the service records of “participants” whose “exits” from the VR program have been reported through the RSA-911 under WIOA’s performance accountability system.

Joint WIOA Core Program Performance Accountability Assessments in PYs 2020 and 2021

On October 27, 2021, RSA issued issued FAQ 22-01 announcing that the U.S. Departments of Labor and Education (the Departments) determined it is appropriate and reasonable for the Department of Labor to begin assessing performance for two performance indicators under WIOA title I and III core programs for PYs 2020 and 2021 in accordance with the phased-in approach to performance assessments described in TAC-20-02. The Departments, as permitted under section 503(a) of WIOA, have determined it reasonable to delay assessing performance for the purpose of imposing sanctions for the remaining performance indicators to ensure an orderly transition from the requirements of the Workforce Investment Act of 1998 to those of WIOA.

COVID-19 FAQs related to Performance Accountability 

On May 14, 2020, RSA issued this FAQ document to respond to two questions VR agencies posed related to implementation of the Case Service Report (RSA-911) outlined in PD 19-03 and the VR program's Statistical Adjustment Model for Measurable Skill Gains Rate.

On March 26, 2020, RSA issued this FAQ document to respond to two questions VR agencies posed related to the WIOA performance accountability provisions. 

Joint Guidance for Data Validation

On December 19, 2018, RSA issued TAC 19-01: Guidance for Validating Jointly Required Performance Data Submitted under WIOA. This joint policy guidance provides States with a general framework for data validation. Specifically, RSA and its Federal partners developed this joint policy guidance pursuant to section 116(d)(5) of WIOA, which requires the establishment of data validation guidelines to ensure the information contained in program reports is valid and reliable. States, including the VR programs, must develop data validation procedures consistent with these guidelines.

Joint Guidance related to WIOA Annual Performance Report Submission

On September 11, 2017, RSA issued TAC 17-05: WIOA Annual Performance Report Submission in which the U.S. Departments of Labor and Education (collectively, Departments) exercised their transition authority under section 503(a) of WIOA to inform States that the Departments will consider Program Year (PY) 2016 WIOA Statewide and Local Performance Reports (form ETA-9169) submitted by October 16, 2017, as being timely. For all subsequent PYs, States must submit the WIOA Statewide and Local Performance Report by October 1 to be considered timely, pursuant to the “WIOA Performance Accountability, Information and Reporting System” information collection request. 

Joint Guidance on the Use of Supplemental Wage Information 

On June 1, 2017, RSA issued TAC 17-04: Guidance on the Use of Supplemental Wage Information to Implement the Performance Accountability Requirements under WIOA. This joint guidance clarifies the use of supplemental wage information related to verifying and reporting on the three employment-related performance indicators (employment rate during the second quarter after exit from the program; employment rate during the fourth quarter after exit from the program; and median earnings during the second quarter after exit from the program). The guidance also applies to the employment-related portion of the credential attainment indicator.

Joint Guidance on Data Matching to Facilitate WIOA Performance Reporting and Evaluation 

This joint guidance provides information to assist State agencies, educational agencies and institutions, and service providers regarding performance reporting and evaluation requirements under WIOA. Under WIOA, States are required to use education information and quarterly wage records to measure performance of the six core programs and other title I programs authorized by WIOA, which raises complex issues related to data sharing and privacy. This guidance provides States with information about applicable requirements for, and procedures and options for, matching confidential Unemployment Compensation information from wage records with personal information from VR records, and personally identifiable information from education records, and for protecting the confidentiality of information contained in such records.

RSA-911 Supporting Documentation Requirements 

On March 31, 2017, RSA issued guidelines for Supporting Documentation for Case Service Report (RSA-911) to assist VR agencies with maintaining appropriate supporting documentation in service records. The examples of supporting documentation in these guidelines illustrate the types of documents RSA would consider to demonstrate the validity and accuracy of certain key data reported through the RSA-911.