Workforce Investment Act Eligibility Guidelines

Workforce Innovation and Opportunity Act

Kansas WorkforceONE

Adults and Dislocated Worker

Training Manual

This manual is based on WIOA and the five notices of proposed rulemaking (NPRMs) spanning WIOA Titles IIV, which were published in the Federal Register on April 16, 2015. If necessary, guidelines will be updated upon the issuance of final rules, expected in January 2016.

TABLE OF CONTENTS TABLE OF CONTENTS2I. INTRODUCTION3II. WIOA GENERAL ELIGIBILITY ADULT & DISLOCATED WORKER4III. WIOA ADULT ELIGIBILITY8IV. WIOA DISLOCATED WORKER18V. SERVICES FOR ADULTS AND DISLOCATED WORKERS23V. WIOA ENROLLMENT PROCESS63VII. DEFINITIONS & RESOURCES68

I. INTRODUCTION

The Workforce Innovation and Opportunity Act (WIOA) offers an integrated and comprehensive range of services consisting of workforce development activities benefiting employers, job seekers, and communities. The purposes of WIOA are to:

increase, particularly for individuals with barriers to employment, access to and opportunities for the employment, education, training, and support services needed to succeed in the labor market;

support the alignment of workforce investment, education, and economic development systems for a comprehensive, accessible, and high-quality workforce development system;

improve the quality and labor market relevance of workforce investment, education, and economic development efforts to provide individuals with the skills and credentials necessary to secure and advance in employment with family-sustaining wages, and to provide employers with the skilled workers needed to succeed in a global economy;

promote improvement in the structure and delivery of services through the workforce development system to better address the educational and training needs of workers, job seekers, and employers;

increase the prosperity of workers and employers; the economic growth of communities, regions, and states; and the global competitiveness of the United States; and

provide workforce investment activities, through state and local workforce development systems, that increase participants employment, retention, earnings, and attainment of recognized postsecondary credentials, and as a result, improve the quality of the workforce, reduce dependency on public assistance, increase economic self-sufficiency, meet the skills requirements of employers, and enhance the productivity and competitiveness of the nation.

II. WIOA GENERAL ELIGIBILITY ADULT & DISLOCATED WORKER

All potential enrollees must document work authorization, age, and selective service registration.

Social Security (acceptable documentation)

DD-214 Report of Transfer or Discharge

Employment Records

IRS Form Letter 1722

Letter from Social Service Agency

Pay Stub

Social Security Benefits Records

Social Security Card

W-2 Form

Selective Service Registration (acceptable documentation) Males born after 1960

Every male citizen, and every other male residing in the United States, must register with the Selective Service System (SSS) between their 18th and 26th birth dates. Men born on or after January 1, 1960, are required to register with the Selective Service within 30 days of (i.e. within 30 days before or 30 days after) their 18th birthday.

This includes males who are:

U.S. citizens;

Non-citizens, including illegal aliens, legal permanent residents, seasonal agricultural workers and refugees who take up residency in the U.S. before their 26th birthday; and/or

Dual nationals of the U.S. and another country regardless of whether they live in the U.S. For U.S. citizens, Selective Service registration is not required if the man falls within one of the following categories:

Men who are serving in the military on full-time active duty;

Men attending service academies;

Disabled men who are continually confined to a residence, hospital, or institution; and/or

Men who are hospitalized, institutionalized, or incarcerated are not required to register during their confinement; however, they must register within 30 days after being released if they have not yet reached their 26th birthday.

For non-U.S. citizens, Selective Service registration is not required if the man falls within one of the following categories:

Non-U.S. male who came into this country for the first time after his 26th birthday. Acceptable forms of documentation include:

Date of entry stamp in his passport; o I-94 with date of entry stamp on it; or

Letter from the U.S. Citizenship and Immigration Services indicating the date the man entered the United States presented in conjunction with documentation establishing the individuals age.

Non-U.S. male who entered the U.S. illegally after his 26th birthday. He must provide proof that he was not living in the U.S. from ages 18 through 25.

Non-U.S. male on a valid non-immigrant visa.

This list is not intended to be exhaustive. Please visit the Selective Service website for more information about the Selective Service registration requirement at www.sss.gov. The Selective Service System also has a quick reference chart showing who must register located at: http://www.sss.gov/PDFs/WhoMustRegisterChart.pdf

Registration for Selective Service can be accomplished in four ways:

Complete a form at the post office.

Go to an armed forces recruiting station

Go online at internet site www.sss.gov, OR

By calling (847) 688-6888 between the hours of 9:00 a.m. to 4:30 p.m. Eastern Standard Time. Have the registrants date of birth and social security number available.

Selective Service registration can be verified at the online site www.sss.gov. You

will need the individuals name, date of birth, and social security number.

Allowable Documentation:

Acknowledgement letter / print out www.sss.gov

DD-214 Report of Transfer or Discharge

Selective Service registration Card

Selective Service System Contact

Selective Service Verification Form

Stamped Post Office Receipt of Registration

Determining Knowing and Willful Failure to Register

If the individual was required, but failed, to register with the Selective Service as determined by the Status Information Letter or by his own acknowledgement, the individual may only receive services if he can establish by a preponderance of the evidence that the failure to register was not knowing and willful. Employment Specialist must submitted a written detailed exception request which includes documentation to AAO for approval. If the AAO determines that the individuals failure to register was knowing and willful, WIOA services must be denied. Individuals denied services must be advised of available WIOA grievance procedures.

Work Authorization / Citizenship (acceptable documentation)

Alien Registration Card indicating Right to Work

Baptismal Certificate (if place of birth is shown)

Birth Certificate

DD-214 Report of Transfer or Discharge

Food Stamp Record

Foreign Passport Stamped Eligible to Work

Hospital Record of Birth

Naturalization Certification

Public Assistance Records

U.S. Passport

Voter Registration Card

Birth Date/Age - is based on time of enrollment and as long as the individual meets the age eligibility at time of enrollment they can continue to receive WIOA youth services until goals are accomplished. (acceptable documentation)

Baptismal Certificate

Birth Certificate

DD-214 Report of Discharge or Transfer

Driver's License

Federal, State, or Local Government ID Card

Hospital Record of Birth

Passport

Public Assistance/Social Service Records

Work Permit

An eligibility assessment and income test worksheet is not valid after 45 days if not submitted to the AAO for approval.

III. WIOA ADULT ELIGIBILITY

To be eligible to participate in the WIOA Title I Adult program, that is, to receive career services and to meet the eligibility requirements for training services, the individual must:

1. Be a citizen of the United States or an eligible non-citizen, and

2. Be registered with selective service (if applicable), and

3. Be 18 years of age or older.

Adult Program Eligibility Requirements

In addition, Adults meeting general eligibility requirements of 18 years of age or older, must fall into one or more of the following prioritization categories:

1. Unemployed individual is determined as low income (six (6) month family income does not exceed poverty guidelines).

2. Employed individual whose family income does not meet the self-sufficiency guidelines. Local Area 1 defines self-sufficiency through the use of the 125% of poverty guidelines.

3. Individual meets the definition of an underemployed worker. Underemployed means an individual who is working part time but desires full time employment, or who is working in employment not commensurate with the individuals demonstrated level of educational and/ or skill achievement.

4. Individual is receiving cash public assistance.

5. Individual is receiving food assistance.

6. Unemployed individual is below 200% of poverty and experiences one or more of the following barriers to employment:

Lacking High School Diploma or GED;

Indians, Alaska natives, and native Hawaiians;

Individual who is basic skills deficient;

Individuals with disabilities;

Older individuals (ages 55 or older);

Ex-offenders;

Homeless individuals;

Youth who are in or have aged out of the foster care system;

Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers;

Eligible migrant and seasonal farmworkers;

Single parents (including single pregnant women);

Long-term unemployed individuals unemployed for 20 weeks

Eligibility Definitions

Veterans Priority of Service

Under WIOA, as was the case under the WIA, veterans receive priority of service in all USDOL funded employment and training programs. The proposed WIOA regulations describe what is meant by priority of service, and is specific with guidance issued in Training and Employment Guidance Letter (TEGL) 22-04 that separating service members meet the eligibility requirements for Dislocated Worker activities.

The proposed regulations clarify that a notice of separation, a DD-214 from the Department of Defense, or other appropriate documentation that shows a separation from the Armed Forces qualifies as a notice of termination or layoff required for the dislocated worker definition.

Military/Eligible Spouse

The WIOA expands the definition of displaced homemakers to include the dependent spouses of the Armed Forces on active duty to ensure they have access to WIOA Title I services. As outlined in TEGL 22-04, issued March 22, 2005, a military spouse who leaves his/her job to follow his/her spouse to a new duty assignment can be served with WIOA Dislocated Worker formula grant funds in certain circumstances. When the spouse is unable to continue an employment relationship due to the service members permanent change of military station, or the military spouse loses employment as a result of the spouses discharge from the military, then the cessation of employment can be considered to meet the termination component of the WIOA definition of dislocated worker. Military spouses in such circumstances must still be determined to be unlikely to return to a previous industry or occupation, in order to qualify as a dislocated worker.

In the majority of cases, the circumstances in which a military spouse is required to leave a job/occupation as a result of the military members transfer does not position the spouse to return immediately to his/her previous occupation or industry, particularly at the same level for the following reasons:

Spouses are generally not resuming employment with the same employer.

Even if a spouse resumes employment with the same employer, the employment is in a new location, and occupations/jobs will generally not be the same structurally or organizationally as in the prior location.

When military spouses do obtain jobs in their new locations it is likely that as new employees they will start at lower levels of seniority than the levels of their positions in their prior locations.

There is frequently a gap in employment as spouses make the move and search for new employment, which may lessen their likelihood of returning to the same level of occupation or type of job.

Other factors to be considered include:

The skills of the spouse, e.g., obsolete or inadequate skills to meet the advancing competency needs of the 21st century workforce and economy;

The decline of the industry in which the spouse has prior work experience in the region to which the spouse has relocated; and

An excess number of workers with similar skill sets and experience seeking limited employment opportunities in the region.

Pursuant to 38 United States Code (U.S.C). 4215, all ETA workforce programs provide priority of service to veterans and certain spouses of veterans who qualify as covered persons. A covered person is defined in 20 CFR 1010.110 as a veteran or an eligible spouse. It further defines eligible spouse as the spouse of any of the following:

1. Any veteran who died of a service-connected disability;

2. Any member of the Armed Forces serving on active duty who, at the time of application for the priority, is listed in one or more of the following categories and has been so listed for a total of more than 90 days:

3. Missing in action;

4. Captured in line of duty by a hostile force; or

5. Forcibly detained or interned in line of duty by a foreign government or power.

6. Any veteran who has total disability status resulting from a service-connected disability, as evaluated by the Department of Veterans Affairs;

7. Any veteran who died while a disability, as indicated above in #3 of this section, was in existence.

Consistent with TEGL 26-13, the definition of eligible spouse includes same-sex spouses.

Low-Income Individuals

An individual who meets any one of the following criteria satisfies the low-income requirement for WIOA adult services:

Receives, or in the past six months has received, or is a member of a family that is receiving or in the past six months has received, assistance through SNAP, TANF, or the Supplemental Security Income (SSI) program, or state or local income-based public assistance;

Receives an income or is a member of a family receiving an income that, in relation to family size, is not in excess of the current combined U.S. Department of Labor (DOL) 70 percent Lower Living Standard Income Level and U.S. Department of Health and Human Services

Is a homeless individual as defined in 41403(6) of the Violence Against Women Act of 1994, or a homeless child or youth as defined in 725(2) of the McKinney-Vento Homeless Assistance Act;

Is an individual with a disability whose own income meets:

WIOAs income requirements, even if the individuals family income does not meet the income requirements; or

the income eligibility criteria for payments under any federal, state, or local public assistance program.

Family

A family is defined as two or more individuals related by blood, marriage, or decree of court, which are living in a single residence and are included in one or more of the following categories:

Two married individuals and dependent children;

A parent or guardian and dependent children; and

Two married individuals.

NOTE: In a situation in which a job seeker is claiming, for the purpose of defining his or her family, to be in a common-law marriage, written attestation must be obtained from both parties affirming the fact.

Individual Status/Family Size Family is defined as those living at the same address who are related by blood of decree of court.

Birth Certificates

Decree of Court

Divorce Decree

Landlord Statement or Lease Agreement

Marriage Certificate

Most Recent Tax Return

Public Assistance/Social Security Agency Records

Public Housing Authority Records

Written Statement from Care Facility or Institution

Individual/Family Income- Complete Income Test Sheet

Family income means all includable income received by all members of the family during the six-month period prior to application/registration, annualized by multiplying the six-month income by two.

The composition of the family is determined as of the date of the application/registration. Therefore, the income of prior family members who may have comprised part of the family during the past six months but are no longer members of the household (i.e., a divorced, separated or deceased spouse, or other family member) would not be counted for income determination purposes. Only the income of members of the current family should be counted and applied against the current family size.

For the purpose of determining WIOA income eligibility, the following are excluded from income:

Unemployment compensation

Needs-based scholarship assistance

Financial assistance under Title IV of the Higher Education ActPell Grants, Federal Supplemental Educational Opportunity grants, Federal Work Study Program, PLUS, Stafford loans, and Perkins loans

Child support payments

Cash assistance payments (including TANF, SSI, Refugee Cash Assistance, general assistance, emergency assistance, and general relief)

Onetime income received in lieu of TANF cash assistance

Income earned by a veteran while on active military duty and certain other veterans benefits, such as compensation for service-connected disability, compensation for service connected death, vocational rehabilitation, and education assistance

Regular payments from Social Security, such as Old-Age and Survivors Insurance Trust Fund

Lump sum payments received as assets in the sale of a house, in which the assets are to be reinvested in the purchase of a new home (consistent with IRS guidance)

Payments received as the result of an automobile accident insurance settlement that are being applied to the repair or replacement of an automobile

Foster care payments

Any withdrawal from an Individual Development Account for the purchase of a home, medical expenses, or educational expenses

Onetime cash payment, including tax refunds; loans, which are debt and not income; onetime insurance payments; gifts; and lump sum inheritances

Noncash assistance such as employer-paid fringe benefits, food, or housing received in lieu of wages, Medicare, Medicaid, SNAP, school meals, and housing assistance

Note: When a federal statute specifically provides that income or payments received under such statute shall be excluded in determining eligibility for the level of benefits received under any other federal statute, such income or payments shall be excluded in WIOA eligibility determination (for example, adoption subsidies).

Unemployed

At the time of application, the month, day, and year of the last day worked as well as the number of weeks the registrant has been unemployed in the immediate 26 weeks prior to application should be recorded.

When determining unemployed status, note the following situations:

A full-time student who was available for work during this seven-day period may be classified as unemployed.

Time spent in national guard, military, naval, or air force reserve activities are not to be counted as employment.

A person who is working part-time is considered employed.

A veteran who has not obtained permanent unsubsidized employment since being released from active duty shall be considered having met "unemployed" requirements regardless of the specific term of unemployment required.

Persons institutionalized in a prison, jail, or similar correctional institution are to be considered "unemployed" only when such persons have a reasonable expectation of release within 12 months of enrollment in activities under the Act.

Time spent in WIOA On-the-Job Training (OJT) and Work Experience is considered employment for application/reporting purposes. Time spent in classroom training services or holding may or may not be considered employment depending on the specific situation.

A person may meet the "made specific efforts to find a job" provision of the definition of "unemployed" by seeking either part-time or full-time work.

Cash Public Assistance

Copy of Authorization to Receive Cash Public Assistance

Public Assistance Records/Printout

Social Service Agency Letter of Confirmation

Food Assistance Recipient

Letter from Food Stamp Disbursing Agency

Public Assistance Records/Printout

Underemployed

Employer verification of hour reduction

Local labor market statistics illustrating inability to find full-time work.

Lack High School Diploma or GED

Dropped Letter

School Letter of Verification

Self-Attestation

Indians, Alaska or native Hawaiians

Self-Attestation

Deficiency in Basic Literacy Skills

An individual who is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individuals family, or in society satisfies the basic skills deficient requirement for WIOA adult services.

"Deficient in basic literacy skills" is defined as "an individual who computes or solves problems, read writes or speaks English at or below grade 8.9." Any assessment instrument used to determine an individual's basic literacy skills must be generally accepted and must provide results in (or can be converted to) a grade/year and grade/month format.

Assessment Scores by a generally accepted standardized test (TABE, CASAS,

BSLT or COMPASS)

School Records

Disabled

Letter from Drug or Alcohol Rehabilitation Agency

Letter from IEP Team Stating Specific Disability

Medical Records

Physician's Statement

Psychiatrist's/Psychologist's Diagnosis

Rehabilitation Evaluation

School Record Stating Specific Disability

Social Service Records/Referral

Social Security Administration Disability Records

Veterans Administration Letter/Records

Vocational Rehabilitation Letter

Workers Compensation Record

Older Worker

Baptismal Certificate

Birth Certificate

DD-214 Report of Discharge or Transfer

Driver's License

Federal, State, or Local Government ID Card

Hospital Record of Birth

Passport

Public Assistance/Social Service Records

Work Permit

Offender

Court Documents

Letter of Parole

Letter from Probation Officer

Police Records

Halfway House Verification

Homeless / Out of Home Placement

Written Statement from Individual Providing Temporary Shelter

Written Statement from Shelter

Written Statement from Social Service Agency

Youth In or Aged Out of Foster Care

Court Records

School Records

English Language Learner

School Records

Employment Specialist Statement

Eligible for Migrant Seasonal Farmworker

MSFW Enrollment Verification

Single Parent

Birth Certificate

Hospital Record of Birth

Physician's Verification

School Records

Statement from Social Service Agency

Child's Social Security Cards

Long-Term Unemployed

Employment Plan

IV. WIOA DISLOCATED WORKER

The WIOA dislocated worker program offers employment and training services for eligible workers who are unemployed through no fault of their own or who have received an official layoff notice. WIOA expands the definition of dislocated worker to include the spouse of active military who lost employment as a result of a permanent change in duty location or is unemployed or underemployed and experiencing difficulty in obtaining or upgrading employment.

WIOA Dislocated Worker Eligibility

To be eligible to receive WIOA services as a dislocated worker in the adult and dislocated worker programs, an individual must:

be a citizen or noncitizen authorized to work in the United States;

meet Military Selective Service registration requirements (males only); and

meets the definition of dislocated worker at WIOA 3(15).

Definition of Dislocated Worker

A dislocated worker is an individual who meets one of the following five sets of criteria:

1. The individual:

has been terminated or laid off, or has received a notice of termination or layoff, from employment;

is eligible for or has exhausted entitlement to unemployment compensation, or has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a states UI law. Local Area I defines Attachment to Workforce as someone who has worked consistently over the previous six months. Only those participants who do not qualify for Unemployment either due to insufficient wages or wages that are not reported to Unemployment Insurance must document Attachment to Workforce. and

is unlikely to return to a previous industry or occupation (permanent layoff with no recall date).

Temporary or Seasonal WorkersIndividuals laid off or terminated because of the cyclical, intermittent, or seasonal nature of their employment may be provided individualized career services and training services under the dislocated worker program. However, such services should be available only to those individuals interested in developing skills in non-seasonal occupations rather than in continuing as temporary or seasonal workers.

2. The individual:

has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise;

is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or

for purposes of eligibility to receive services other than training services, career services, or support services, is employed at a facility at which the employer has made a general announcement that such facility will close.

3. The individual was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters. This includes individuals working as independent contractors or consultants but not technically employees of a firm.

4. The individual is a displaced homemaker, as defined in WIOA 3(16). A displaced homemaker is an individual who:

has been providing unpaid services to family members in the home;

is unemployed or underemployed and experiencing difficulty finding or upgrading employment; and

meets one of the following:

has been dependent on the income of another family member but is no longer supported by that income; or

is the dependent spouse of a member of the Armed Forces on active duty and whose family income is significantly reduced because of a deployment, a call or order to active duty, a permanent change of station, or the service-connected death or disability of the member.

A displaced homemaker may lose support income due to divorce or the death of a spouse. In addition, the loss of support income may be the result of a former wage earners job loss and that former wage earner may still be living in the home.

5. The individual is the spouse of a member of the Armed Forces on active duty who:

has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or

is unemployed or underemployed and experiencing difficulty finding or upgrading employment.

Dislocated Worker Eligibility Documentation

Dislocated Worker (Other than SelfEmployed) Category 1

Letter of Verification from Employer OR

Newspaper Article (for Business Closing-must include check stub) OR

Written Notice from Employer OR

WARN Notice to State AND

Unemployment Insurance Printout

Dislocated Worker (Self-Employed)

Issuance of a Notice of Foreclosure or Intent to Foreclose

Bankruptcy filing/order

Letter from Lending Institution denying credit to obtain operating capital necessary to continue operations

Most Recent IRS Form 1040 (indicating income is at or below 100% Lower Living Standard Income Level (LLSIL)

Letter of Self-Declaration indicating, one or more of the following:

Inability to make further payments on loans secured by tangible assets.

Current Ratio (Total Current Assets to Total Current Liabilities) is at or below the lower quartile for the type (S.I.C.) and size (current assets) as listed in the RMA Annual Statement Studies

A Natural Disaster, including, but not limited to, any hurricane, tornado, storm, flood, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mud slide, drought, fire, or explosion (i.e., events of nature that caused adverse conditions to cause this business failure). (Note: conditions or disasters must have occurred and must have caused a sufficient impact on business operations to demonstrate cause and effect relative to the permanent dislocation and subsequent unemployment of the self-employed individual).

Eligible for or Exhausted Entitlement to Unemployment Compensation

Unemployment Benefits Check Stub

Unemployment Compensation Determination Letter

Unemployment Insurance Printout

Has been employed for duration sufficient to demonstrate attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that was not covered under a State unemployment compensation law

Copy of Unemployment Compensation Determination Letter

Letter of Verification from Employer

Unemployment Insurance Printout AND

Prior work history demonstrating at least 26 weeks of cumulative full time employment in the same industry or occupation with not more than two employers in the last 24 months.

Unlikely to Return to Previous Industry or Occupation- Labor market information indicating the following:

no open job orders or there is excess registrants (10 or more) for available jobs the applicant is qualified for within the applicants primary occupation or industry and within a reasonable commuting distance of where the applicant lives.

recent decrease in the number of job orders listed with the local One-Stop Center/Job Service Career Center in the area for the occupation

there are ten or more dislocated workers currently seeking employment within the same labor market area in the same industry or occupation as the applicant.

Displaced Homemaker

Document Indicating Separation from Spouse

Obituary Notice Indicating Death of Spouse

Spouse lay-off notification

Non-Eligible Dislocated Worker Circumstances:

Retirement Issues - Dislocated workers do not include workers who are likely to retire and leave the labor market. However, a worker who is eligible for retirement benefits due to tenure with an employer but who will remain in the labor force at a level comparable to their pre-dislocation employment may be eligible.

Likely to Return Issues - Dislocated workers do not include workers who are likely to remain with the layoff employer. A determination of whether an individual is likely to be recalled will be based upon the best available information from the worker and the employer at the time the layoff notice or closure is received.

Look-Back Period - A look-back period of five years will be used to establish the previous occupation for people who may have accepted stopgap employment. The predominant occupation during that time, or the occupation of initial dislocation, may be considered the previous occupation.

Stopgap Employment - Stopgap employment means work an individual does only because he has lost the customary work for which his training, experience or work history qualifies him. Employment would be considered "stopgap" if the salary were substantially below the salary of the individual's primary occupation and if he is working substantially under the skill level of his customary occupation.

V. SERVICES FOR ADULTS AND DISLOCATED WORKERS

WIOA removed the sequence of service requirement established under WIOA, which required that an individual complete an intensive service before receiving training services. Other than a determination of need made using an employment plan, there is no requirement that additional career services be provided before an individual enrolls in training. If individuals are determined to be in need of training consistent with WIOA 134(c)(3), then they may be placed in training services.

WIOA establishes two levels of employment and training services for adults and dislocated workers: career services and training services.

Required and Permitted Activities

WIOA Title I formula funds allocated to Local Area I for adults and dislocated workers must be used to provide career and training services through KANSAS WORKS centers.

WIOA Title I funds may also be used to provide the additional services described below:

Job Seeker Services

Customer support to enable individuals with barriers to employment (including individuals with disabilities) and veterans to navigate among multiple services and activities

Training programs for displaced homemakers and for individuals training for nontraditional occupations (as defined in WIOA 3(37) as occupations or fields of work in which individuals of one gender comprise less than 25 percent of the individuals so employed), in conjunction with programs operated in the workforce area

Work support activities for low-wage workers that will provide opportunities for these workers to retain or enhance employment

Work support activities may include any activities available under the WIOA adult and dislocated worker programs in coordination with activities and resources available through partner programs. These activities may be provided in a manner that enhances the workers ability to participate, for example by providing activities during nontraditional hours or providing on-site child care.

Employer Services

Customized screening and referral of qualified participants in training services to employers

Customized employment-related services to employers, employer associations, or similar organizations on a fee-for-service basis that are in addition to labor exchange services available to employers under the Wagner-Peyser Act

Activities to provide business services and strategies that meet the workforce investment needs of employers in accordance with Boards strategic plan.

Coordination Activities

Employment and training activities in coordination with any of the following:

child support enforcement activities, as well as child support services and assistance activities, of the state and local agencies carrying out part D of title IV of the Social Security Act (42 USC 651, et seq.);

cooperative extension programs carried out by the U.S. Department of Agriculture;

activities to facilitate remote access to services provided through the Kansas workforce system, including facilitating access through the use of technology

Activities to:

improve coordination between workforce development and economic development and to promote entrepreneurial skills training and microenterprise services; and

improve services and links between the local workforce system and employers, including small employers

Improving coordination between employment and training activities and programs carried out in the workforce area for individuals with disabilities

Other Allowable Activities

Technical assistance for staff, partners, and eligible training providers on the provision of service to individuals with disabilities in workforce areas, including the following:

Staff training and development

Provision of outreach and intake assessments

Service delivery

Service coordination across providers and programs

Development of performance accountability measures

Activities to adjust the economic self-sufficiency standards referred to in WIOA 134(a)(3)(A)(xii) for local factors or activities to adopt, calculate, or commission for approval, economic self-sufficiency standards for workforce areas that specify the income needs of families, by family size, the number and ages of children in the family, and sub-state geographical considerations

Implementing promising service to workers and businesses, which may include support for education, training, skills upgrading, and statewide networking for employees to become workplace learning advisors and maintain proficiency in carrying out the activities associated with such advising

Incumbent worker training programs, as described in WIOA 134(d)(4)

Career Services

Career services for adults and dislocated workers must be available at all Local Area I KANSASWORKS Centers.

There are three types of career services, as identified in 678.430 of the NPRMs:

Basic career services;

Individualized career services; and

Follow-up services.

Basic Career Services

Basic career services must be made available and, at a minimum, must include the following services, as consistent with allowable program activities and federal cost principles:

Determinations of whether the individual is eligible to receive assistance from the adult, dislocated worker, or youth programs;

Outreach, intake (including worker profiling), and orientation to information and other services available through the Local Area I workforce system;

Initial assessment of skills levels, including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and support service needs;

Labor exchange services, including:

job search and placement assistance, and, when needed by an individual, career counseling, including the provision of information on nontraditional employment and in-demand industry sectors and occupations; and

appropriate recruitment and other business services on behalf of employers, including information and referrals to specialized business services not traditionally offered through the Local Area I workforce system;

Provision of referrals to and coordination of activities with other programs and services, including programs and services within the Local Area I workforce system and, when appropriate, other workforce development programs;

Provision of workforce and labor market employment statistics information, including information relating to local, regional, and national labor market areas, including:

job vacancy listings in labor market areas;

information on job skills necessary to obtain the vacant jobs listed; and

information relating to local occupations in demand and the earnings, skills requirements, and opportunities for advancement in those jobs;

Provision of performance information and program cost information on eligible providers of training services by program and provider type;

Provision of information, in usable and understandable formats and languages, about how the Board is performing on local performance accountability measures, as well as any additional performance information relating to the Local Area I workforce system;

Provision of information, in usable and understandable formats and languages, relating to the availability of support services or assistance, and appropriate referrals to those services and assistance, including:

child care;

child support;

medical or child health assistance available through the states Medicaid program and Childrens Health Insurance Program;

benefits under the Supplemental Nutrition Assistance Program (SNAP);

assistance through the earned income tax credit; and

assistance under a state program for Temporary Assistance for Needy Families (TANF), and other support services and transportation provided through that program;

Provision of information and assistance regarding filing claims for unemployment compensation, by which the Board must provide assistance to individuals seeking such assistance.

Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not provided under WIOA.

Individualized Career Services

Individualized career services must be made available if determined to be appropriate in order for an individual to obtain or retain employment. These include the following services, as consistent with WIOA requirements and federal cost principles:

Comprehensive Assessment

Definition - Participation in a comprehensive and specialized assessment in order to determine participants skill level and service needs. This may include diagnostic testing and the use of other assessment tools. It may also include in-depth interviewing and evaluation with supporting documentation, to identify employment barriers and appropriate employment goals.

Policy An MOU must be in place with all assessment vendors prior to conducting the assessment. The assessment results must be placed in the participants file.

Funding Limit - $600 per assessment

Documentation Required

Budget

MOU

Employment Plan Development and Career Planning

Definition - Joint development of a complete Employment Plan by the participant and the case manager, identifying employment goals, appropriate achievement objectives, and an appropriate combination of services to allow the participant to achieve his/her employment goals must be developed for WIOA Title IB participants. Participants work history should be considered when creating the employment plan. The employment should also include Labor Market information.

Policy All participants who are receiving individual career services must have an employment plan.

Documentation Required

Employment Plan

Labor Market Statistics

Financial Assessment

Workforce Preparation Activities and Prevocational Service

Definition - This service may include life skills workshops, financial literacy workshops, workshops dealing with the world of work, or workshops to remove barriers to employment. Each workshop should be directly related to the individual participants goals and barriers. Workshops are usually short-term 1 to 2 days. Prevocational Services are designed to help prepare the participant for unsubsidized employment or training. These services may include the development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct. These services may also include a single course that does not lead to a credential or meet the criteria for being considered a program of occupational skills training conducted by an eligible training provider, but will assist the individual in securing a particular job. Participation in Pre-vocational Services is typically longer than workshops.

Policy - An MOU must be in place with all workshop vendors prior to conducting the workshop/prevocational services. Documentation of participation and evaluation must be placed in the participants file. If a prevocational service is an approved training course through the Kansas Board of Regents or Board of Education an MOU is not required.

Funding Limit - $600 per workshop or prevocational service. Exceptions may be granted by AAO for prevocational services in a Local Area I demand occupation.

Documentation Required

Budget

MOU

Individual and Group Counseling

Definition - Helping participants deal with a variety of personal problems that occur during participation.

Policy Participants have the ability to choose where they would like to receive counseling assistance; therefore, an MOU would not be required. However, a detailed plan including billing information should be provided prior to the start of the counseling. The counseling center must be an accredited center.

Funding Limit - $500 per customer

Documentation Required

Budget

Counseling Plan

Case Management

Definition - Case management is a process to determine an individuals needs and develop a plan to meet those needs. It involves assessment, planning, decision making and problem solving. It may involve frequent contacts, either in person or by phone, for the purposes of sharing information, making decisions, solving problems that may arise, monitoring progress, and motivating the participant. Case management is an ongoing process, depending on the needs of the individual.

Policy - The employment specialist enrolling the individual agrees to:

case manage the individual as a participant in WIOA Title IB services,

ensure that the experience is a positive one for the participant

facilitate the eventual placement into unsubsidized employment that meets or exceeds Local Area I performance standards, and

provide follow-up services.

Out-of-Area Job Search Expenses

Definition - An allowance to help the participant find employment outside the normal commuting area (50 Miles one-way). May be used to pay for travel, lodging, and meals while attending job interviews.

Policy

Total Maximum Reimbursement per out-of-area job search is $300.00. Gas Allowance rate is .30 per mile. Reimbursement of meals and/or lodging is for the participant only. The LWDB per diem rate will be applied to overnight trips only. An actual interview must be scheduled and documentation provided.

Advances will not be provided unless fully justified and approved by the LWDB Staff.

Documentation Required

Budget

Map

Interview documentation

Relocation Assistance

Definition - An allowance to help move an individuals household due to employment outside the normal commuting area, normal commute is less than 50 miles one-way.

Policy

Maximum Reimbursement is $500.00.

Documentation of employment must be provided.

Allowable expenses:

Gas Allowance - $.30 per mile

Rental of moving truck and supplies

Purchase of Boxes

The LWDB per diem rate will be applied to overnight trips only. Advances will not be provided unless fully justified and approved by the LWDB Staff.

Documentation Required

Budget

Map

Employment documentation

Internships and Work Experience

Definition - Internships and work experience are planned, structured learning experiences that take place in a workplace for a limited period of time. Work experience may be paid or unpaid, as appropriate. An internship or work experience may be arranged within the private for-profit sector, the nonprofit sector, or the public sector. Labor standards apply in any work experience setting where employee/employer relationships, as defined by the Fair Labor Standards Act (FLSA), exist. There shall be an agreement with an employer to provide structured on-site exposure to work. Work experience should be designed to reinforce good work habits and basic work skills.

Policy

Internships should be injunction with Occupational Skills Training.

Eligible Client Meets Poor/No Work History or has substantial barriers to employment. An individual is deemed to have a poor work history if they havent worked but sporadically in the last few years, has a significant lapse in employment, or if they have been fired from their last 2 or more jobs, have a history of quitting jobs with less than a couple of years at any of them or has no work history

Work Experience - Maximum length of time is 30 days

Internship Maximum length of time is 90 days.

High risk occupations would not be considered for the work experience as the LWDB is responsible for maintaining Workers Compensation.

Find those occupations listed at www.doleta.gov. Examples include:

Mining

Oil and Gas Distribution

Structural Iron and Steel Workers

Refuse and Recyclable Collectors

Drivers

Farming

Electrical Power Line installers and repairers

Required Work Experience documentation:

Worksite Agreement

Worksite Safety Agreement

Contractual Provision and Attachment

1-9 with documentation

W-4

Budget

Prevailing Wage Calculator print out

Individual Services Strategy

Note: In determining prevailing wages, if similar work cannot be found in the area defined by the geographic labor market (the vicinity), the closest comparable community should be used. The prevailing wage may not be lower than the applicable statutory minimum wage. Calculator found at http://www.dol.gov/whd/sec14c/calculators/StraightAverage.htm

The prevailing wage is not an entry-level wage or a training wage, but the wage rate paid experienced employees after completion of any training or probationary periods. An experienced worker is one who has learned the basic elements or requirements of the work to be performed, ordinarily by completion of a probationary or training period. Typically, such a worker will have received at least one pay raise after successful completion of the probationary or training period.

When contacting employers for prevailing wage calculation, Employment Specialist should ask:

What wage do you pay the entry level position? This amount is used for entry level wage in the prevailing wage calculator.

What wage do you pay upon successful completion of the probationary period for the same position? This amount is used for the experienced worker wage in the prevailing wage calculator.

Job Coaching

Definition - Professional job coaching provides assistance in developing good work habits and basic work skills. The degree of job coaching will be determined based on the clients needs.

Policy - An MOU must be in place with all job coaching vendors prior to starting the job coaching. Documentation of participation and evaluation must be placed in the participants file.

Funding Limits - $500 per Program Year

Documentation Required:

MOU

Budget

Individual Job Coaching Plan/Schedule

Tutoring

Definition Professional tutoring provides assistance in improving basic skills such as math or reading.

Policy - An MOU must be in place with all tutoring vendors prior to starting the tutoring. Documentation of participation and evaluation must be placed in the participants file. If an agency is not available an individual may enter into a MOU with the following additions to the MOU; resume, list of references, Kansas Bureau of Investigation and Child Abuse and/or Neglect Central Registry background check.

Funding Limit - $500 per Program Year

Documentation Required:

MOU

Budget

Individual Tutoring Plan/Schedule

Basic Skills and Literacy Activities GED/ Alternative High School Diploma/ English as a Second Language /Integrated education and training programs Stand Alone

Definition Educational services for those in need of additional educational assistance to improve their general competencies and develop their readiness for skill training or work. Basic remedial education includes preparation for a high school equivalency certificate, basic literacy skills, bilingual education or English as a second language (ESL). Basic developmental education includes non-credit courses required to prepare people for vocational or technical training such as pre-requisite courses.

Policy LAI will pay for fees related to taking the Test and required study books. Supportive services are not paid while client is participating in GED/Alternative Education/ESL courses.

Funding Limit - $150 per lifetime of the customer

Documentation Required

MOU

IEP should explain timeline for attainment of the credential.

Any exceptions to this amount must be approved by the AAO who has the option to approve additional career services expenditures based on need and performance. AAO must approve the exception prior to the start of the service.

Follow-Up Services

Follow-up services must be made available, as appropriateincluding counseling regarding the workplacefor participants in adult or dislocated worker activities who are placed in unsubsidized employment for a minimum of 12 months after the first day of employment.

Follow-up services During Enrollment

Definition Services provided during enrollment to ensure customers success in other services.

Policy Employment Specialists should contact customers on a regular basis while they are participating in other services. Employment Specialist may need to coordinate additional services to compliment the services they are already participating in. All services should be added to the Individual Service Strategy and in Kansas Works.

Funding Limit Funding should not be required unless additional services are necessary. Funding limits for those services should be followed.

Documentation Required

Individual Service Strategy Addendums/ Individual Employment Plan.

Case Notes

Kansas Works entry

Follow-up services Post Enrollment

Definition Services provided after exit to ensure customer maintains success after enrollment.

Policy

Adult Participants must receive follow-up services 12 months after exit.

All services should be added to the Individual Service Strategy and in Kansas Works.

Follow-up services requiring additional WIOA Title IB funds must be provided prior the Exit in the Kansas Works System.

Example:

Exit Quarter

1st QTR. F/U

2nd QTR. F/U

3rd QTR F/U

4th QTR F/U

January 30, 2015

April 2015

July 2015

October 2015

January 2016

Funding Limit Funding should not be required unless additional services are necessary. Funding limits for those services should be followed.

Documentation Required

Individual Service Strategy Addendums.

Case Notes

Kansas Works

NOTE:

Individuals seeking services through the One-Stop in Local Area I will be entered into the Kansas Works System.

If the Employment Specialist determines that the client is in need of additional services the case manager must document that the client is unable to obtain and/or retain employment after receiving basic services.

Training Services

WIOA is designed to increase participant access to training services. Training services are provided to equip individuals to enter the workforce and retain employment.

Examples of training services include:

occupational skills training, including training for nontraditional employment;

on-the-job training (OJT), including registered apprenticeship;

incumbent worker training in accordance with WIOA 134(d)(4);

workplace training and cooperative education programs;

private sector training programs;

skills upgrading and retraining;

entrepreneurial training;

transitional jobs in accordance with WIOA 134(d)(5);

job readiness training provided in combination with other training described above;

adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, in combination with training; and

customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.

WIOA funding for training is limited to participants who:

are unable to obtain grant assistance from other sources to pay training costs; or

require assistance beyond that available under grant assistance from other sources to pay training costs and related support services.

Local Area I staff and training providers must coordinate funds available to pay for training and must consider the availability of other grant assistance to pay for training costs, such as TANF, Vocational Rehabilitation, state-funded training funds, and federal Pell Grants, so that WIOA funds supplement other sources of training grants.

WIOA funds are not used to pay training costs:

for any portion or term of training for which the participant has signed a loan as part of financial aid; or

that were paid by the participant (or other source) prior to WIOA program registration.

Before receiving training services under WIOA:

eligibility determination is required; and

a determination of need must be made using an employment plan, as set forth in WD Letter 35-10, issued on October 12, 2010, and entitled Workforce Investment Act Individual Employment Plan for Adults and Dislocated Workers Enrolled in Training.

Eligibility for Training Services

Training services may be made available to employed and unemployed adults and dislocated workers who:

are unlikely or unable to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment through career services;

are in need of training services to obtain or retain employment leading to economic self-sufficiency or wages comparable to or higher than wages from previous employment;

and have the skills and qualifications to participate successfully in training services;

have selected a program of training services that is directly linked to:

occupations that are on the demand occupations list; or

occupations that have been determined on a case-by-case basis to have a high potential for sustained demand and growth in the workforce area, based on sufficient and verifiable documentation.

Labor Market Information can be found on the following websites:

http://stats.bls.gov

http://laborstats.hr.state.ks.us

http://kansasworks.com

http://www.onetonline.org/

are unable to obtain grant assistance from other sources to pay the costs of such training and related support services, including such sources as state-funded training funds, Trade Adjustment Assistance (TAA), and federal Pell Grants or require WIOA assistance in addition to other sources of grant assistance, including federal Pell Grants.

Other considerations such as financial capabilities, personal motivation, family responsibilities, training schedules and the availability of funds also play a major role in the type and number of program services and the length of service.

Undergone a comprehensive assessment, including testing and interviewing

Completed an employment plan in conjunction with an Employment Specialist.

Has attended job search and career success workshop.

Possess necessary interest and skills demonstrated by assessment results using the Basic Skills Test and an Interest Assessment.

If the client has chosen to attend CDL Training, the case manager must supply the AAO with a copy of the clients Motor Vehicle Record (MVR) and Department of Transportation (DOT) physical if required by the school.

All requests for training must include a copy of the schools confidentiality release.

All requests for independent study, on-line course, or open-entry/open-exit courses must include a plan for the employment specialist and school to track participation and progress. *NOTE- supportive services will not be available for these types of courses.

Specific Training Services Policies:

1. Classroom Training:

Occupational Skills Training: Occupational skills training or classroom training (CRT) consists of basic or advanced formal training for acquiring skills in a specific occupation. The training is provided at an approved vocational/technical institution, high school, proprietary school or college. The training offered is targeted to in-demand occupations in the local area.

Local Area I will provide ITAs for qualified adults and dislocated workers who have not been able, following receipt of career services, to obtain and/or retain employment, and are in need of financial assistance to enable them to obtain the education and/or job skills necessary to establish a career.

Duration:

Maximum length of time allowed for training is 2 years.

Exceptions may granted for required pre-requisites.

Cost:

Maximum reimbursement to the training/services provider is $3,000 per participant per participant year for tuition, fees, books and $1,000 for materials and supplies. Pell Grant will be applied to Tuition, tools, fees and books prior to applying WIOA funds. Tools may also be purchased if required for classroom training. Tools must be required for the course. LAI will purchase no more than 2 uniforms and 1 pair of shoes (maximum amount for shoes is $60) for courses that require these items for participation. Any exceptions to this amount must be approved by the AAO who has the option to approve additional training expenditures based on need and performance. AAO must approve the exception prior to the start of the course.

Training Providers:

All training providers and programs must be on the Approved Eligible Training list. See www.kansasworks.com for list of Approved Training Providers.

Individual Training Account (ITA) System:

The ITA, an individual training account voucher, was created with the intent to give the individual the major responsibility and personal decision-making power to purchase training services from Eligible Training Providers selected in consultation with their Employment Specialist.

The AAO will provide ITAs for qualified adults who have not been able, following receipt of career services, to obtain and/or retain employment, and are in need of financial assistance to enable them to obtain the education and/or job skills necessary to establish a career.

The ITAs may be used at any approved training institution for the payment of tuition, books, fees and supplies.

ITAs will be issued on a semester, program or class basis.

Verification of Pell Grant application and/or award letter must be documented with all training requests. Award status must be documented on the ITA or documented with an award letter prior to reimbursement being made by Local Area I.

ITA must be received and approved prior to the participant starting class.

The ITA will not cover classes previously failed.

Training provider agrees to notify Local Area I immediately if the participant drops from the program or has other attendance problems.

All clients regardless of whether or not the LWDB will be providing tuition assistance or not must have an ITA in place prior to the start of the courses.

ITAs will be issued in the form of a voucher that will be carried to the training institution by the customer.

Exceptions to ITAs - There are three exceptions in which a mechanism other than an ITA may be used to finance training services. Contracts for services can be used only under the following circumstances:

When the services provided are on-the-job or customized training

When the Local Area I LWDB determines that there are an insufficient number of eligible training providers in the area to accomplish the purpose of the ITA system

When the Local Area I LWDB determines that there is a local program of demonstrated effectiveness offered by a local community-based organization or another private organization, serving a low-income target population facing one (1) or more of the following barriers to employment:

Individuals with substantial language barriers

Offenders

Homeless individuals

Other hard-to-serve populations as defined by the Governor

2. On-The-Job Training:

Local Area I Umbrella Policy:

On-the-job training (OJT) may be provided to the eligible WIOA participants who demonstrates a need for OJT during the development of the employment plan.

Local Area I OJT reimbursement rate may not exceed 50% of the individuals wages

The minimum entry wage for an OJT enrollment will be no less than $10.00 for an adult enrollment and $12.00 for a dislocated worker enrollment per hour or an amount that will, according to the size of the participant family, provide wages that meet or exceed the self-sufficiency level in Local Area I. Ending wage upon successful completion of the OJT is $12.00/adult and $15/dislocated worker per hour.

Maximum of $3,000 per individual may be leveraged for OJTs. The employer and Employment Specialist should design a reimbursement plans based on the following:

Training Objectives for each individual.

Percentage of Wage

Experience and Skill Level of the individual

Specific Vocational Preparation Code for Occupation

Local Area I determines the maximum duration of an OJT by use of the Department of Labors Specific Vocational Preparation (SVP) estimates for occupations in the Dictionary of Occupational Titles. The SVP numbers, based on the complexity of a job, range from one (1) through nine (9) and indicate a time span normally required to learn a job through education on-the-job training or a combination of both. Employment Specialists will collaborate with the employer to negotiate the duration of training within the parameters of the SVP code. Consideration is also given to the skills a person may already possess and how this should impact the length of training. Case managers are required to match customer skills, aptitudes, and interests with appropriate OJT site. SVP can be found at http://online.onetcenter.org.

Specific Vocational Preparation Estimates

Level

Duration

1&2

Not to be contracted

3

1 month up to and including 3 months

4

Over 3 months and including 6 months

5

Over 6 months and up to and including 1 year

6

Over 1 year and up to and including 2 years

7

Over 2 years up to and including 4 years

8

Over 4 years up to and including 10 years

9

Over 10 years

OJT proposals involving participants who possess significant previous work experience in the same or similar occupation will be highly scrutinized. Participants will not be enrolled unless there are substantial differences between previous work experience and the OJT proposal.

OJT contracts (40) hours per week. The reimbursement hours should be negotiated with each employer. Disabled persons, a person with specific needs to work fewer hours or older workers may be exempt from the general rule, upon approval of the AAO.

With the approval of the AAO, a participant may be eligible for limited Occupational Skills Training in addition to OJT. All Occupational Skills Training policies and funding levels must be adhered to. Conversely, participants who have completed classroom training may transition into a short-term OJT position. Such cases will be allowed only where significant justifications exist. Sequential or concurrent OJT/CRT enrollments will be allowed only where there is a clear indication that skills critical to the performance of a specific occupation cannot be acquired through a single mode of training, or where the participant fails to meet minimum qualifications for the occupation in question.

In order to maximize customer choice the AAO will maintain a list of previous and current OJT contractors which will be made available to case managers upon request. Requests should be made when OJT has been determined necessary during the development of the employment plan.

Referrals from employers may be accepted for OJT only if the customers assessment and employment plan documents that an OJT would be an appropriate training activity.

The participant cannot be a previous employee.

A participant should not be placed on more than two (2) OJTs. A second OJT is allowable only with the AAOs approval and will be determined on a case-by-case basis. Justification for a second OJT contract must be specifically documented (laid-off, fired, inappropriate job training match, company closing, etc.)

AAO will reimburse employers on a monthly basis according the submitted timesheet. (See timesheet policy)

The final work site evaluation must be completed and submitted to the AAO once the OJT has been completed. The final work site evaluation will be considered a credential.

Local Area I Conflict of Interest policy must be strictly adhered to. Local Area I Conflict of Interest Policy:

Avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain;

Exercise due diligence to avoid situations which may give rise to an assertion that favorable treatment is being granted to friends, family, or associates; and

Not solicit or accept any money or any other consideration from any person for the performance of an act reimbursed in whole or part with any public or private funds.

Business Eligibility Requirements:

An existing Kansas Business will be eligible to participate in training if the business:

Is current on all federal, state and local obligations

Is compliant with existing employment, health and safety laws and regulations

Demonstrates a commitment to retaining operations and employees in Kansas; and

Is willing to support and build the local workforce investment system through continued use of programs and services under the oversight of the Local Board.

A company who has filed, or is in the process of filling, for bankruptcy protection under U.S. Code is not eligible for LAI Incumbent Worker Funds.

The employer has a grievance procedure and agrees to follow such procedures in matters related to the OJT participant (if the employer does not have a procedure, the employer must agree to follow the procedure developed by Local Area I)

A company who has experienced lay-off or reduction in force of any size over the last twelve months is not eligible to receive LAI OJT funds. Exceptions to this policy are seasonal lay-offs or projects which will prevent/divert further lay-offs.

No current employee(s) have been displaced, experienced a reduction in hours or denied promotional opportunities as a result of entering into this On-the-Job Training contract.

Funds provided will not be used to directly or indirectly assist, promote or deter union organizing and is in accordance with any collective bargaining agreements that may apply.

The company has operated in its current location for 120 calendar days; and that the

Participant is not a member of the employer or its representatives immediate family.

If a company is located in Kansas but also has locations in other states, Local Area I funds will not be used to train employees from outside of the State of Kansas.

The employer agrees to:

Provide benefits, wage increases and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same work;

Provide the training as specified in the attached OJT Training Outline

Be responsible for keeping accurate time sheets and attendance of each participant under your supervision and timely transmittal of time sheets to the WIOA Employment Specialists. Unworked hours or recreational activities are not to be reported for payment to the participant (includes vacation, personal leave and/or sick leave). Overtime is not reimbursed.

Retain the participant at the end of the training period provided the participant achieved satisfactory or better job performance evaluations during the training period. Successful completion is to be documented with final training evaluation;

Provide workers compensation coverage and contribute to unemployment insurance for the participant;

Communicate to the WIOA representative any issues surrounding the performance of the participant in order to allow for intervention and additional training if necessary to ensure successful completion; and

Comply with all applicable laws, ordinances, codes of State, Federal, and local government as well as any special provisions pertaining to the WIOA regulations; to be monitored by State, Federal, and Local Area Representatives.

Local Area I Responsibilities:

Track OJT Performance according to the Local Area I Pattern of Failure:

Local Area I Pattern of Failure: The granting of further agreements to existing OJT employers will be based on the performance of that employer as it relates to previous OJT contracts and to current laws and policies. The AAO has the ultimate authority to deny OJT contracts to an employer who has not demonstrated acceptable performance standards OJT agreements generally will not be written with employers who have exhibited a pattern of failing to provide OJT participants with continued, long-term employment or employers who have:

Terminated two (2) or more participants within thirty (30) days of the end of their OJT contract period for reasons other than those which apply to regular employees

Had two (2) or more participants who failed to compete contracts due to discharge by the employer, or by the participant quitting, because of conflicts between the employer and the participant

The work-site has been determined to be unsuitable for WIOA participants due to adverse employer/employee relations or working conditions

There is participant retention level below 80%.

Employment Specialist Responsibilities are to:

Negotiate the OJT contract shall negotiate the training outline based on the participants past work experience and skills acquired through education and other learning environments. The negotiation shall also include the employers description of the job as listed on the OJT agreement, skills required to perform the job, an appraisal of the skills the participant already possesses and the new skills the participant will acquire during the OJT.

Review the Timesheet policy with the participant and employer prior to the start of the OJT.

Complete the OJT contract and outline as well as the General Contract prior to the start of the OJT.

Remain in contact with the employer and participant to ensure performance and all conditions of the contract are adhered to.

Required documentation:

OJT Contract

OJT Training Outline

Contractual Provisions and Attachment

Budget

Employment Plan

3. On-the-Job Training Economic Development:

OJT for Economic Development is on-site, industry-specific and for industrial or economic development. OJT for Economic Development must meet the same requirements as the OJT.

4. Workplace and Cooperative Educational Training:

Local Area I will work with local schools and employers to foster a work/educational component in the form of internships.

5. Skill Upgrade and Retraining:

Skill upgrading and retraining is defined as short-term training for dislocated workers to obtain skills to enable them to reenter the workforce as soon as possible

6. Private Sector Training Programs:

See On-the-Job Training

7. Entrepreneurial Training:

Due to lack of funding the Local Area will not fund.

8. Job Readiness Training:

An assessment by Employment Specialist will determine if a participant is in need of job readiness training. Job readiness training is to take place over a long period of time and may include:

Basic skills workshops

Employment counseling

Life skills training

Organized support groups

Substance abuse assessment and treatment

9. Adult Education and Literacy Enhancement Activities:

Adult education and literacy enhancement activities include educational services for those in need of additional educational assistance to improve their general competencies and develop their readiness for skill training or work. Basic remedial education includes preparation for a high school equivalency certificate, basic literacy skills, bilingual education or English as a second language (ESL). Basic developmental education includes non-credit courses required to prepare people for vocational or technical training such as pre-requisite courses. In accordance with the Act, adult education and literacy enhancement activities will not be offered through WIOA funding as a stand-alone activity. To be considered training it must be offered in conjunction with other training.

All adult education and literacy enhancement activities must adhere to all Classroom training policies and processes.

10. Customized Training:

Local Area I Umbrella Policy:

Customized training is formal training provided by institutional and/or private sector entities which are designed to meet specific needs of a particular employer or group of employers. Customized training is conducted with a commitment by the employer/group of employers to hire trainees upon successful completion of the training. Employers must provide at least 50% of the total cost of such training. Incumbent workers may be eligible to participate in customized training if they are not currently working for a self-sufficient wage.

Customized training contracts will be negotiated by the LWDB Administrative Office in conjunction with the Service Provider. If local funds are not available the LWDB Administrative Office will submit a request to KDOC for additional set-aside funds.

If a company is located in Kansas but also has locations in other states, Local Area I funds will not be used to train employees from outside of the State of Kansas.

The participant cannot be a previous employee.

Local Area I Conflict of Interest policy must be strictly adhered to. Local Area I Conflict of Interest Policy:

Avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain;

Exercise due diligence to avoid situations which may give rise to an assertion that favorable treatment is being granted to friends, family, or associates; and

Not solicit or accept any money or any other consideration from any person for the performance of an act reimbursed in whole or part with any public or private funds.

The minimum entry wage for an OJT enrollment will be no less than $10.00 per hour for an adult enrollment and $12.00 for a dislocated worker or an amount that will, according to the size of the participant family, provide wages that meet or exceed the self-sufficiency level in Local Area I. The Self-Sufficiency (100% of Lower Living Income Standard) Income Guidelines distributed by the Department of Labor will be used to make wage determinations. The minimum ending wage should be no less than $12.00 per hour for adults and $15.00 for dislocated workers.

Business Eligibility Requirements:

An existing Kansas Business will be eligible to participate in training if the business:

Is current on all federal, state and local obligations

Is compliant with existing employment, health and safety laws and regulations

Demonstrates a commitment to retaining operations and employees in Kansas; and

Is willing to support and build the local workforce investment system through continued use of programs and services under the oversight of the Local Board.

A company who has filed, or is in the process of filling, for bankruptcy protection under U.S. Code is not eligible for LAI Incumbent Worker Funds.

The employer has a grievance procedure and agrees to follow such procedures in matters related to the OJT participant (if the employer does not have a procedure, the employer must agree to follow the procedure developed by Local Area I)

A company who has experienced lay-off or reduction in force of any size over the last twelve months is not eligible to receive LAI OJT funds. Exceptions to this policy are seasonal lay-offs or projects which will prevent/divert further lay-offs.

The company must commit to retaining employees once the individual has successfully completed the training. The training must result in obtaining or retaining full-time employment.

No current employee(s) have been displaced, experienced a reduction in hours or denied promotional opportunities as a result of entering into this On-the-Job Training contract.

Funds provided will not be used to directly or indirectly assist, promote or deter union organizing and is in accordance with any collective bargaining agreements that may apply.

The company has operated in its current location for 120 calendar days; and that the

Participant is not a member of the employer or its representatives immediate family.

The employer agrees to:

If participants are employed during the training, provide benefits, wage increases and working conditions at the same level and to the same extent as other trainees or employees working a similar length of time and doing the same work;

Provide the training as specified in the attached Customized Training Contract

Be responsible for keeping accurate time sheets and attendance of each participant under your supervision and timely transmittal of documentation to the LWDB Administrative Office.

Retain the participant at the end of the training period provided the participant achieved satisfactory or better job performance evaluations during the training period. Successful completion is to be documented with final training evaluation;

Provide workers compensation coverage and contribute to unemployment insurance for the participant if participants are being trained while employed.;

Communicate to the WIOA representative any issues surrounding the performance of the participant in order to allow for intervention and additional training if necessary to ensure successful completion; and

Comply with all applicable laws, ordinances, codes of State, Federal, and local government as well as any special provisions pertaining to the WIOA regulations; to be monitored by State, Federal, and Local Area Representatives.

Local Area I Responsibilities:

Track OJT Performance according to the Local Area I Pattern of Failure:

Local Area I Pattern of Failure: The granting of further agreements to existing OJT employers will be based on the performance of that employer as it relates to previous OJT contracts and to current laws and policies. The AAO has the ultimate authority to deny OJT contracts to an employer who has not demonstrated acceptable performance standards OJT agreements generally will not be written with employers who have exhibited a pattern of failing to provide OJT participants with continued, long-term employment or employers who have:

Terminated two (2) or more participants within thirty (30) days of the end of their OJT contract period for reasons other than those which apply to regular employees

Had two (2) or more participants who failed to compete contracts due to discharge by the employer, or by the participant quitting, because of conflicts between the employer and the participant

The work-site has been determined to be unsuitable for WIOA participants due to adverse employer/employee relations or working conditions

There is participant retention level below 80%.

Required Documentation:

Customized Training Contract

Contractual Provision and Attachments

Employment Plan

Budget

11. Registered Apprenticeship Training:

Apprenticeship is a process through which individuals learn to become skilled journey-level workers through full time employment. www.kansasappreticeship.org The apprenticeship program combines OJT with theory taught through job-related instruction. Apprentices are taught such job-related courses as drafting, blueprint reading, mathematics and science through vocational and trade schools or community colleges. Current announcements of the various available apprenticeship programs are on file in the one-stop career centers. In order to receive training, an individual must select a program of service that is directly linked to an occupation in demand in the area based on information in the Kansas Occupational Outlook.

Supportive Services

Supportive services may be provided adult and dislocated worker who are participating in WIOA services and are unable to obtain supportive services through other programs.

WIOA regulations encourage the use of supportive services to enable participants to successfully complete individual service plans. In the absence of alternative resources, supportive service payment may be made to address the financial needs of a participant.

General Policy:

Adult and dislocated workers who fall below the LAI self-Sufficiency Guidelines (125% of the Poverty Guidelines) will be eligible for childcare and basic allowance. The participants entire family income will be considered. Financial Status will be reviewed at enrollment and prior to each semester to ensure the most in need are receiving supportive services. The Income Test Worksheet and required documentation must be completed on a semester basis.

Training Feasibility Assessments should be completed for all customers attending school.

Participants who are not eligible for childcare and basic allowance may be eligible for emergency payment and transportation allowance which, if not addressed would prevent the participant from successfully completing the WIOA service plan.

Participants must maintain a full-time and acceptable grade/attendance status to receive any supportive services (no online or self-guided courses).

All exceptions to LAI spending limits must be submitted to the AAO for approval prior to the start of the service being requested. The Employment Specialist must provide ample documentation and justification for the exception.

Timesheets will be used to track the attendance of each client. If the time sheet indicates that the participant is not attending school regularly all supportive services will be suspended and the Employment Specialist will be notified. The Employment Specialists are then required to follow-up with the participant and submit a report to the AAO. Once attendance has improved and verified supportive services may resume. If the participant is struggling the Employment Specialist will be required to intervene and provide additional services to assist the client.

Once approved, a Client Services Approval Form signed by the participant and Employment Specialist must be submitted to the AAO prior to the first payment of supportive services.

Classroom Training Breaks Childcare and Needs Related Payments will not stop during a regularly scheduled school break, if client is attending regularly otherwise. Breaks include but are not limited to, Thanksgiving, Christmas, and Spring Break regardless of length of time. Thes