Construct of the law Title I – Workforce Development Activities Subtitle A: System Alignment Subtitle B: Workforce Investment Activities and Providers

WIOA Overview – Rehabilitation-Centric

By Nick Loret de Mola, CWA

Construct of the law

• Title I – Workforce Development Activities• Subtitle A: System Alignment• Subtitle B: Workforce Investment Activities and Providers• Subtitle C: Job Corps• Subtitle D: National Programs• Subtitle E: Administration

• Title II – Adult Education and Literacy• Title III – Amendments to Wagner-Peyser Act• Title IV – Amendments to the Rehabilitation Act of 1973• Title V – General Provisions

Subtitle A – System AlignmentSec 101 – State Workforce Development BoardsMembership, appointed by Governor…majority reps from business

• The Governor• A member of each legislative chamber• Owners of business, CEOs • Representative of business in in-demand industries• Lead state officials of the core programs• CLEOs representing cities and counties

Not less than 20% shall be representatives of:• Shall include labor organizations• Shall include joint labor-management apprenticeship rep• May include CBOs

May include• Youth serving organizations • Other State officials that are one-stop partners• State agency officials responsible for economic development or juvenile justice• Representatives of tribal organizations• State officials representing education – community colleges, higher ed

Sec 102 – Unified State Plan

Shall outline a 4-year strategy. Initial plan due to DOL March 3rd, 2016Sec 102 (b) – Contents1) Strategic planning elements – vision and goals

A) Analysis of economic conditionsB) Current UI trends, LMI, Education and skill levelC) Analysis of State’s workforce development activitiesD) Vision for preparing an educated, skilled workforceE) Strategy for aligning core programs of WIOA

Sec 102 (b) – Contents continuedC) State Operating Systems and Policies

i. Description of State Boardii. How core programs will be assessed each year + one-stop partnersiii. The results of an assessment of the effectiveness of core programs in the

one-stop system in the preceding 2 yearsiv. Methods to distribute fundsv. How lead state agencies for core programs will align datavi. Implementation of the veterans priority of service provisionvii. How one-stop system will comply with Sec 188 of American with

Disabilities Act

Sec 102 (b) –(D) Program-Specific Requirements

(ii) With respect to Rehabilitation Act(fulfillment of 29 USC 721 – State Plan for Rehabilitation)

Chapter 2 – Local ProvisionsSec 106 – Workforce Development Areas(a) Regions

1) Before the 2nd full program year – State shall I.D. regions after consultation with CLEOs

(b) Local Areas(1) (A) Process – through consultation with State Board and after consultation with

CLEOs and after consideration of public comments the Governor shall designate(B) Considerations – areas need to be consistent with labor markets and

regional economic areas. Must have available Federal and non-federal resources to administer provisions of the Act.(2) Initial Designation – during the first 2 program years, the Gov shall approve requests from any area that was designated under WIA for the preceding 2 years who performed successfully and sustained fiscal integrity

Regional Planning

Sec 106 (c) Regional Coordination(1) Regional Planning – Local Boards and CLEO engage in planning that

results inA. Regional PlanB. Regional Service Strategies using coop. service agreementsC. Development and implementation of sector initiativesD. Collection of regional labor market dataE. Establishment of administrative cost arrangements – pooling of fundsF. Coordination of support servicesG. Coordination of services with economic development and providersH. Collectively negotiate and reach agreement on local levels of performance

Sec 107 - Local Workforce Development Boards(b) Membership – appointed by the CLEOs - (2) Composition:

(A) Majority shall represent business who:(i) owners, CEOs – optimum policy making/hiring authority(ii) represent business that provide employment in in-demand sectors or occupations

(B) Not less than 20% shall be representatives from the local area that:(i) Shall be representatives of labor organizations nominated by local labor federations(ii) Shall include a representative of joint labor-management apprenticeship program(iii) May include representatives of CBOs(iv) May include reps with experience in serving youth

(C) Shall include representatives of entities administering education and training who – (i) Shall include Adult Ed and Literacy(ii) Shall include institutions of higher ed – including community colleges(iii) May include local education agencies and CBOs with experience in training individuals with barriers to employment

(D) Shall include representatives of governmental and economic and community development who – (i) Shall include economic and community development(ii) Shall include representatives from EDD – Wagner Peyser(iii) Shall include representatives of DOR(iv) May include representatives of agencies serving the area relating to transportation, housing, and public assistance(v) My include representatives of philanthropic organizations

Chapter 4 Performance Accountability(a) Purpose – to establish performance accountability measures across all

core programs(b) State Performance Measures consist of

• Primary indicators• Additional indicators identified by state• State adjusted level of performance for each indicator

Core Programs• Adult and Dislocated Worker Programs• Adult Ed and Literacy services under Title II• Employment services authorized in sec 1-13 of Wagner-Peyser Act• Programs authorized under Title I of the Rehabilitation Act

Indicator/ProgramTitle IIAdult

Education

Title IVRehabilitative

Services

Title IAdults

Title IDislocatedWorkers

Title IYouth

Title IIIWagner-Peyser

Average Indicator

Score

Employment 2nd Quarter After Exit 1

Employment 4th Quarter After Exit 2

Median Earnings 2nd Quarter After 3

Credential Attainment Rate N/A 4

MeasurableSkills Gain

Phased-in Phased-in Phased-in Phased-in Phased-in N/A 5

Effectiveness in Serving Employers

Phased-in Phased-in Phased-in Phased-in Phased-in Phased-in 6

AverageProgram Score 7 8 9 10 11 12 -

Proposed WIOA State Performance Assessment – 13 Measurements!


Education


Services

Title IAdults


Title IYouth


Average Indicator

Score










Proposed WIOA Performance Assessment


Education


Services

Title IAdults


Title IYouth


Average Indicator

Score












Education


Services

Title IAdults


Title IYouth


Average Indicator

Score











NPRM - State Performance Feedback From the Field

• All programs will be measured on all indicators, but some will pick up the slack for the rest of the programs on certain indicators (ie – Adult Ed on skills gain, Title I on entered employment and retention measures).

• With that said, weighing the measures makes sense, but how to weigh? By total participants in denominators? Adjust for program alignment with each specific measure?

• DOL mentions 90 percent of negotiated goals as being the threshold for performance failure. That number seems high, especially initially as programs come together in a revamped system.

• If the state fails on any of the 13 measurements, they fail. Is this a sensical approach to take in a system that will not have quality benchmarks to assess before entering into negotiations?

Workforce Investment

Activities and Providers

Subtitle B

Sec 121 (b) One-Stop Partners

(1) Required Partners(A) Roles and Responsibilities – each required partner shall

(i) Provide access through the one-stop system to program services, including applicable career services available at the one-stop centers;

(ii) Use a portion of available funds for programs to maintain one-stop system, including payment of infrastructure costs

(iii) Enter into MOU, relating to one-stop operation(iv) Participate inn the operation of the one-stop system(v) Provide representation to State board to extent outline on WIOA

Sec 121 (b) One-Stop Partners(b) One-Stop Partners(B) Programs and Activities – the programs referred to in (A) above are

I. Programs authorized in Title 1 of WIOAII. Programs authorized under Wagner-PeyserIII. Adult Ed and Literacy – Title IIIV. Programs of Title I of Rehabilitation ActV. Title V of the Older Americans ActVI. CTE programs at postsecondary level – Carl Perkins ActVII. Activities of Chapter 2 of Title II of the Trade Act - TAAVIII. Veteran Services - chapter 41, Title 38 of the United States CodeIX. E&T activities under CSBGX. E&T activities under HUDXI. Programs authorized under State unemployment compensationXII. Programs authorized under section 212 Second Chance Act of 2007 – exoffenders XIII. Programs authorized under TANF

Sec 121 (c) Memorandum of Understanding(2)(A) Provisions Describing –

(i) Services to be provided and how they are provided(ii) How the costs of services and operating costs will be funded

(I) Funding through cash and in-kind contributions(II) Funding of the infrastructure of system

(iii) Methods of referrals between partners(iv) Methods to ensure individuals with barriers (disabilities) are served –

including access(v) The duration of MOU, procedures for amending, reviewed every 3 years

Sec 121 (g) Certification and Continuous Improvement(1) In order to receive infrastructure funding, the State board in

consultation with CLEO and local boards shall establish criteria and procedures to be used in assessing effectiveness, physical and program accessibility relating to ADA and continuous improvement of the One-Stop system.

Sec 121 (h) One-Stop Infrastructure

(A)(i) Local Options – WIB, CLEO and one-stop partners can fund costs through

(I) Methods agreed to by parties above and described in MOU(II) If no consensus – then the State funding mechanism

(ii) Beginning July 1, 2016 – if the locals cannot reach consensus on methods for funding infrastructure, the State funding mechanism will apply to each local area for every program year there is no local decision


(D) Limitations(i) Provisions from Administrative Funds – funds shall come from

funds available from organizations allowable administrative costs(ii) Cap on Required Contributions

(I) WIA Formula Funds – funds from programs authorized in chapters 2 or 3, or Wagner-Peyser shall not exceed 3%

(II) Other One-Stop Partners – shall not exceed 1.5% of available funds(III) Vocational Rehabilitation – not to exceed .75% for the 2nd year, 1% year 3,

1.25% year 4, 1.5% year 5 and after of the amount of Federal funds provided to carry out such a program in the state


(4) Costs of Infrastructure – means nonpersonnel costs that are necessary for general operation including:

• Rental costs of the facilities• Utilities and maintenance• Equipment (including assessment related products and assistive technology)• Technology to facilitate access to center

Center’s planning and outreach activities

Adult and Dislocated Worker Employment and Training Activities

Chapter 3

Sec 134 Use of Funds for Employment and Training Activities

(ii) Redesignation assistance(iii) Operating a fiscal and management accountability info system(iv) Carrying out monitoring and oversight(v) Disseminating

(I) ETPL(II) Identifying eligible providers of other training – OJT, IWT, etc(III) Info on effective outreach to business(IV) Info on effective service delivery strategies for job seekers(V) Performance info and info on cost of attendance for training providers(VI) Information on physical and programmatic accessibility for ADA

(vi) Conducting evaluations

Sec 134 Use of Funds for Employment and Training Activities(a)(3) Allowable Statewide Activities(i) Implementing innovative programs to meet needs of employers(ii) Developing strategies for serving those with barriers(iii) Development or identification of training programs that are flexible,

efficient and demand driven(iv) Strategies for training and placing people in non-trad work(v) Facilitating remote access to services through technology(vi) Supporting the provision of career services in the one-stop(vii)Coordinating activities with child welfare

Sec 134 Use of Funds for Employment and Training Activities(viii) Activities – (I) Improving coordination with economic development(II) Improving coordination with

(aa) Child support services(bb) Cooperative extension programs with Dept. of Agriculture(cc) Serving individuals with disabilities, including learning, ILC, centers for independent living(dd) Adult ed and literacy activities, including public libraries(ee) Linkages with correction system and ex-offenders(ff) Financial literacy activities

(III) LMID

Sec 134 Use of Funds for Employment and Training Activities

(xii) Services for an individual to obtain or retain employment that consist of –

(I) Comprehensive skills assessment(II) Development of an IEP(III) Group counseling(IV) Individual counseling(V) Career planning(VI) Short-term prevocational services – communication skills, interviewing, job prep(VII) Internships and work experience(VIII) workforce preparation(IX) Financial literacy services(X) Out-of area job search(XI) English language acquisition and integrated training programs

Sec 134 Use of Funds for Employment and Training Activities(3) Training Services – (A)(i) funds shall be used to provide training services to adults and DW respectively – (I) Who, after an interview, evaluation, or assessment and career

planning, have been determined, to – (aa) Be unlikely or unable to obtain employment from career services(bb) Be in need of training services to obtain employment(cc) Have the skills and qualifications to successfully participate in training

(II) Who select programs of training that are directly linked to employment opportunities in the local area or planning region

Sec 134 Use of Funds for Employment and Training Activities(D) Training services may include –

I. Occupational skills trainingII. On-the-job trainingIII. Incumbent worker trainingIV. Programs that combine workplace training with related instructionV. Training programs operated by private sectorVI. Skill upgrade training and retrainingVII. Entrepreneurial trainingVIII. Transitional jobsIX. Job readiness training in combination with other training (i-viii)X. Adult ed and literacy activities including English acquisition, in combination with other

training (i-viii)XI. Customized training conducted with a commitment by an employer(s)

Sec 134 Use of Funds for Employment and Training Activities(E) Priority – with respect to local adult employment and training activities, priority should be given to recipients of public assistance, other low income individuals, and individuals who are basic skills deficient for receipt of career and training services. The local board and Governor shall direct the one-stop operators with regard to making this determination

Youth Workforce InvestmentActivities

Chapter 2

Sec 129 Use of Funds for Youth Activities(a) Youth Participant Eligibility(1)(B) Out-of-School Youth – an individual who is(i) Not attending any school (as defined by State law);(ii) Not younger than age 16 or older than age 24; and(iii) One or more of the following:

I. School DropoutII. Not attended school for a least a quarter III. High school grad or GED who is low income and is

(aa) Basic skills deficient(bb) An English language learner

IV. An individual in the juvenile or adult justice systemV. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child eligible

for child welfareVI. Pregnant or parenting VII. Youth with disabilityVIII. Low income individual who need additional assistance to enter or complete an educational

program or to secure or hold employment

Sec 129 Use of Funds for Youth Activities(C) In-School Youth – means and individual who is – (i) Attending school(ii) Between 14-21(iii) Low-income individual; and(iv) One or more of the following

I. Basic skills deficientII. English language learnerIII. An offenderIV. Homeless individual, homeless youth, a runaway, in foster care or aged out, a child

eligible for child welfareV. Pregnant or parenting VI. Youth with disabilityVII. Low income individual who need additional assistance to enter or complete an

educational program or to secure or hold employment

Sec 129 Use of Funds for Youth Activities(a)(4) Out-of-School Priority – (A) General – 75% of funds for statewide and local activities must be

spent on out-of-school youth(B) Exception – A State may decrease the percentage to not less than

50% for a local area if – (i) If after analysis, the State determines the local area will be unable to use at

least 75% of funds on OSY due to a low number(ii) The State submits to the Secretary, for the local area, a request included a

proposed percentage decreased to not less than 50% and a summary of the analysis – must be approved by Secretary

Sec 129 Use of Funds for Youth Activities(2) Program Elements – the programs described above shall provide elements consisting of- (A) Tutoring, study skills training, drop out prevention strategies(B) Alternative secondary school services, or dropout recovery(C) Paid and unpaid work experiences that have an academic and

occupational component which may include – (i) Summer employment (ii) Pre-apprenticeship programs(iii) Internships and job-shadowing(iv) On-the-job training opportunitiesNOTE: (c)(4) – not less than 20% of funds shall be used for this

Sec 129 Use of Funds for Youth Activities(D) Occupational skills training – priority for recognized credentials aligned with sectors in-demand(E) Education offered concurrently with workforce preparation activities for specific occupation or cluster(F) Leadership development – community service and peer-centered activities(G) Supportive services(H) Adult mentoring(I) Follow up services for not less than 12 months after exit(J) Comprehensive guidance and counseling – drug and alcohol,etc.(K) Financial literacy(L) Entrepreneurial skills training(M) Labor market information – career awareness and exploration(N) Activities to help youth prepare for and transition to postsecondary education

Amendments to Rehabilitation Act

Title IV

Highlights of Amendments to the Rehabilitation ActIncreases Services to Youth with Disabilities: Throughout WIOA, especially in the amendments to the Rehabilitation Act, there is a significant emphasis on the provision of services to youth with disabilities. • Emphasizes the need for youth with disabilities to have more opportunities to practice and improve

their workplace skills, to consider their career interests, and to get real world work experience. • Requires VR agencies to make “pre-employment transition services” available to all students with

disabilities. • Requires VR agencies to set aside at least 15 percent of funds to provide pre-employment transition

services to assist students with. • Allows State VR agencies to prioritize serving students with disabilities. • Allows State VR agencies to support advanced training in STEM and other technical professions. • Dedicates half of the Federal Supported Employment program funds to provide youth with the most

significant disabilities with the supports they need, including extended services, to enable them to obtain competitive integrated employment.

Rehabilitation Act

Supports Employer Engagement: WIOA contributes to economic growth and business expansion by ensuring that the workforce is job-driven, matching employers with skilled individuals. • There are increased opportunities under the VR program to assist

employers in providing work-based learning experiences for individuals with disabilities, including participation in apprenticeships and internships.

• VR will describe in their State plans how they will work with employers to identify competitive integrated employment opportunities for individuals with disabilities.

Rehabilitation Act

Emphasizes Competitive Integrated Employment: WIOA places significant emphasis on obtaining competitive integrated employment, especially in the amendments to the Rehabilitation Act. • VR program services are designed to maximize the ability of individuals with

disabilities, including individuals with the most significant disabilities, to achieve competitive integrated employment through customized employment, supported employment, and other individualized services.

• The VR State plan must ensure that priority is given to individuals who are otherwise eligible for VR program services and who are at imminent risk of losing their jobs unless they receive additional necessary post-employment services.

• An Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities is established to develop strategies for improving opportunities.

Rehabilitation Act

Promotes training and technical assistance for grantees: • WIOA adds a 1.8 to 2 percent set-aside in the American Indian

Vocational Rehabilitation Services program for training and technical assistance to grantees.

• WIOA adds a 1.8 to 2 percent set-aside in the Independent Living Services for Older Individuals Who Are Blind program for training and technical assistance to grantees.

Rehabilitation Act

Transfers Programs: WIOA transfers certain programs from ED to the Department of Health and Human Services (HHS) and gives the Secretaries of ED and HHS authority to ensure an orderly transition as they implement these changes. • WIOA transfers the following programs from ED to the Administration for Community Living (ACL)

in HHS: o State Independent Living Services Program (IL, Part B), o Centers for Independent Living Program (IL, Part C), o National Institute on Disability and Rehabilitation Research; and o Programs under the Assistive Technology Act of 1998.

• ED retains the administration of the Independent Living Services for Older Individuals Who Are Blind program, and it continues to reside in State VR agencies (blind or combined agencies) at the state level.

• The transfers will be managed in a manner that minimizes any disruption to the provision of services by the grantees under these programs and to the individuals with disabilities who are served by those programs.

Rehabilitation Act

Repeals Programs: WIOA repeals several programs, including the following programs under the Rehabilitation Act. • In-Service Training Program. • Migrant and Seasonal Farmworker Program. • Recreational Programs. • Projects with Industry.

WIOA NPRMs Around the Department of Rehabilitation

VR Participant34 CFR 361.150(a): “Participant” for the purposes of the Vocational Rehabilitation Program is an individual who has an approved and signed Individualized Plan for Employment and has begun to receive services.

Program Exit or Common Exit Approach?34 CFR 361.150(c): “Exit from Program” for the purposes of the Vocational Rehabilitation Program is when a participant’s record of services is closed because he or she achieved an employment outcome, has not achieved an employment outcome, or has been determined ineligible for services.

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Competitive Integrated Employment WIOA defines “Competitive Integrated Employment” to include a location where the employee interacts with other persons who are not individuals with disabilities to the same extent that other employees without disabilities in comparable positions interact with other persons. (29 USC 705(5).)

34 CFR 361.5(c)(9): Imposes an additional requirement that the location be “typically found in the community.”

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Supported Employment• WIOA defines “Supported Employment” to

include employment in an integrated setting, in which the individual with the most significant disability is working on a short-term basis toward competitive integrated employment. (29 USC 705(38).)

• 34 CFR 361.5(c)(53): Defines “short term basis” to mean that the individual is reasonably anticipated to achieve competitive integrated employment within six months.

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CWA Comments• Regs should support co-enrollment of common customers

across programs

• Clarify the process for case closure and exits. VR exit is "hard", Title I is "soft"

• CWA will request maximum flexibility in the implmentation of competitive integrated employment especially around supportive employment

Documents

Construct of the law Title I – Workforce Development Activities Subtitle A: System Alignment Subtitle B: Workforce Investment Activities and Providers