34 CFR § 463.220 - Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?

---
identifier: "/us/cfr/t34/s463.220"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 463.220 - Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?"
title_number: 34
title_name: "Education"
section_number: "463.220"
section_name: "Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?"
chapter_name: "OFFICE OF CAREER, TECHNICAL, AND ADULT EDUCATION, DEPARTMENT OF EDUCATION"
part_number: "463"
part_name: "ADULT EDUCATION AND FAMILY LITERACY ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "29 U.S.C. 102 and 103, unless otherwise noted."
regulatory_source: "81 FR 55553, Aug. 19, 2016, unless otherwise noted."
cfr_part: "463"
---


# 463.220 Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?

(a) If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 for the primary indicators of performance in the adult, dislocated worker, and youth programs authorized under WIOA title I in any program year, technical assistance must be provided by the Governor or, upon the Governor's request, by the Secretary of Labor.

(1) A State must establish the threshold for failure to meet adjusted levels of performance for a local area before coming to agreement on the negotiated levels of performance for the local area.

(i) A State must establish the adjusted level of performance for a local area, using the statistical adjustment model described in § 463.170(c).

(ii) At least 2 years of complete data on any indicator for any local core program are required in order to establish adjusted levels of performance for a local area.

(2) The technical assistance may include:

(i) Assistance in the development of a performance improvement plan;

(ii) The development of a modified local or regional plan; or

(iii) Other actions designed to assist the local area in improving performance.

(b) If a local area fails to meet the adjusted levels of performance agreed to under § 463.210 for the same primary indicators of performance for the same core program authorized under WIOA title I for a third consecutive program year, the Governor must take corrective actions. The corrective actions must include the development of a reorganization plan under which the Governor:

(1) Requires the appointment and certification of a new Local WDB, consistent with the criteria established under 20 CFR 679.350;

(2) Prohibits the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or

(3) Takes such other significant actions as the Governor determines are appropriate.