Michael Brustein, Esq.mbrustein@bruman.com

Brette Kaplan, Esq.bkaplan@bruman.com

Brustein & Manasevit, PLLCSpring Forum 2011

Helpful ResourcesWIA ReauthorizationWIA & ARRATrade Adjustment Assistance

Community College and Career Training Grants

Career Pathways Innovation FundFunding Levels

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Workforce Investment Act (WIA) statute: http://www.doleta.gov/usworkforce/wia/wialaw.txt

WIA Regulations: http://www.doleta.gov/usworkforce/wia/finalrule.pdf

Department of Labor, Employment and Training Administration’s WIA helpful materials: http://www.doleta.gov/usworkforce/wia/act.cfm

DOL ETA’s Find Grants Website: http://www.doleta.gov/grants/find_grants.cfm

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TAA Community College & Career Training Grants Program: Full Announcement: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-03.pdf Amendment One: http://www.doleta.gov/grants/pdf/SGA-DFA-10-03-AMENDMENT1_2-8-11.pdf

Career Pathways Innovation Fund Grants Program: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf

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1998 Law with 5 year authorization WIA is 8 years overdue for

reauthorization House and Senate leaders say:

They would take up WIA reauthorization early this year

They’ve been saying this since 2003 Still waiting for hearings Legislative language is possible, but

momentum will build ONLY if Congressional leaders believe they have enough votes for a quick passage

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FundingGreater collaboration with business

and education community Increasing efforts to educate the

workforce regarding training services

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Expanding access to training services Rural access, One-Stop effectiveness, etc.

Participation of faith-based organizations

Democrats want more collaboration between Education and Labor Departments

Rigidity of Tiered Approach ▪ Core, Intensive, Training

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Contributions of One-Stop partners Coordination of Federal, State, and

local levels Role of community colleges on local

WIBs Eligibility requirements for training

providers too cumbersome

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Tension Between FERPA and Participants’ Personally Identifiable Information

Allowing for Contracting under ARRA Applicability to Title VII to Faith

Based Providers Who Will Drive the Agenda? Elimination of “Work First”

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State level unified planning among participating State Agencies on all four Titles

Common definitions across all programs

Common performance measures across all programs

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Questions of EffectivenessSlim down State boards and local

boards100% transfer between Title I Adult

and Title I Dislocated Workers

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Consolidate funding to streamline program administration and enhance efficiency at the state and local levels Possibly only 1 WIA Title I funding stream

Provide greater representation on state and local WIBs for local business reps, education officials, community groups, & reps of employees

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Require each mandatory partner program to contribute a portion of its funds toward one-stop infrastructure funding

Incorporate current employment service functions into a new category description “Work Ready Services” Ex: Require One-Stop centers to provide

labor exchange services, including job search, placement assistance, recruitment services for employers

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Allow states to determine required standards for eligible training providers Streamline bureaucratic requirements

that force many community colleges and other training providers out of the system

Allow FBOs to participate in the nation’s job-training system

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Democrats seeking more funding for One-Stops, and greater participation by businesses, education officials, and community entities

Biggest differences between Republicans & Democrats Participation of FBOs and Consolidating funding Streams

Universal Priority (Republicans, Democrats & Obama Administration) Greater collaboration between labor and

education sectors

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Grants for Department of Labor Training & Employment Services

Formula grants to StatesLocal WIBs may contract with IHEs if:

It would facilitate worker training for high-demand occupations, and

If such contract limits customer choice

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To provide training services, an IHE must: Be eligible to receive federal funds

under HEA Title IV, and provide a program leading to an associate or baccalaureate degree, or certificate;

Carry out programs under the National Apprenticeship Act; OR

Be another public or private provider of training service programs

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FY 2010: $3.83B for Department of Labor & Employment Services

FY11: ??? House Republicans are proposing

$2.43B, but this will likely change Possible elimination of WIA Title I

FundingFY 2012: President requests $3.83B

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Youth ActivitiesFY 2010: $924M FY 2011: ???

House Republicans looking to cut funding

FY 2012: President requesting $156,000 funding cut

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Adult Employment & TrainingFY2010: $826 millionFY 2011: ???

House Republicans proposing cuts FY 2012: President requesting $1

million cut

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Dislocated Worker Employment & Training Activities

FY 2010: $1.4B FY 2011: ???

House Republicans proposing cutsFY 2012: President requesting $9.2

million cut

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TAA Community College & Career Training Grant Program

Authorized in ARRAFunded under the Health and

Education Budget Reconciliation BillPromised: $12 billion for American

Graduation InitiativeReality:$2 billion for TAA

4 year grant; $500 million per year24

Competitive grant Administered by DOL ETA Assists workers at firms who are, or

threatened to be, separated from employment due to trade with foreign countries

Eligibility expanded to workers in the service & public sectors, and not only manufacturing workers

Workers may use benefits to pursue postsecondary degree programs at IHEs

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FY 2011 - FY 2014: $500 million annually Maximum grant: $5 million per institution or

$20 million per consortium annually Grants may exceed this amount under

certain circumstances (See grant solicitation) IHE’s can apply for competitive grants for

training programs for TAA eligible workersEligible IHEs meet the requirements of HEA

Section 102, but only with respect to a program that can be completed within 2 years

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Applicants are encouraged to work with content experts such as: Cognitive scientists, Human-computer interaction experts, Information technologists, Program evaluation experts, and Others as appropriate to the

development and implementation of the project.

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Institutions are strongly encouraged to engage in outreach and coordinate with broad networks of education and training institutions in the implementation and adoption of materials to ensure widespread use and encourage continuous improvement of the courses and learning materials created by these projects.

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Eligible institutions must involve at least one employer that is actively engaged in the project in one or more of the following ways: Defining the program strategy and goals, Identifying necessary skills and competencies, Providing resources to support education/training

(such as equipment, instructors, funding, internships, or other work-based learning activities),

Providing assistance with program design, and Where appropriate, hiring qualified participants who

complete grant-funded education and training programs.

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While only one employer is required, the Department encourages applicants to collaborate with multiple employers within a sector, ensuring that program graduates will be prepared with the skills needed in the applicant’s region

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Eligible institutions must consult the public workforce system (e.g., Local Workforce Investment Boards, One-Stop Career Centers, or State agencies that administer the TAA for Workers program) in the project, and the Department encourages applicants to actively engage the system in one or more of the following ways: Identifying, assessing, and referring candidates

for training; Connecting workers with employers; and Providing support services for qualified

individuals, where appropriate.31

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$122 million available for CPIF grants $65 million for health care sector projects 40 to 50 grants ranging from $1M to $5M $6.25M of total appropriation to support grantee

efforts to conduct third party evaluation of grant activities

Eligible entities: Local WIBs, individual community and technical colleges, community college districts, and state community college systems

Grant Announcement: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf

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FY 2010: $125 millionFY 2011: NothingFY 2012: Nothing

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This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct. 

Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should

not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances.

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