the workforce innovation and opportunity act ref. h.r. 803 rochelle daniels, attorney/consultant...

The The Workforce Innovation and Workforce Innovation and

Opportunity ActOpportunity ActRef. H.R. 803Ref. H.R. 803

Rochelle Daniels, Attorney/Consultant5301 North 36th Court Hollywood, FL 33021954 205 3582

What Does USDOL Say?What Does USDOL Say?They are in a listening modeSigned into law July 22, 2014, WIOA

reaffirms Congress’ support of the one-stop system

Law is to be implemented beginning July 1, 2015

State plans due 2016USDOL is looking for early

implementation statesFlorida wants to be an early

implementation state

Rochelle Daniels, Attorney / Consultant 2

What is covered by WIOA?What is covered by WIOA?Replaces the Workforce Investment Act

(WIA) – Adult, Dislocated Worker, YouthAmends Wagner PeyserAmends Adult and Family Literacy

Education ActAmends the Rehabilitation ActThe above programs are called the

core programs


What is covered by WIOA?What is covered by WIOA?Authorizes

◦Job Corps◦YouthBuild◦Indian and Native American Programs

◦Migrant and Seasonal Farmworker

◦DOL Evaluation and Research Activities


Questions – to keep in Questions – to keep in mindmind

Transition provisions in the areas of ◦Board membership◦Board Committees◦Regionalism◦Performance◦In school youth programs◦Out of school youth programs◦Expenditure of youth funds pursuant to

new guidelines◦Selection of one-stop operators◦Eligible training providers


What are we going to talk What are we going to talk about?about?

The state roleLocal area designation and

regionalismLocal board responsibilitiesOne stop activities and

organizationThe new performance measuresEligible training providersChanges to youth programs


WIOA Highlights - USDOLWIOA Highlights - USDOLThere is a strong emphasis on coordination and integration among workforce programs

◦ Intake◦ Case management◦ Reporting systems

Incorporates ◦ Sector strategies, ◦ Career pathways, ◦ Regionalism


WIOA HighlightsWIOA Highlights

States are required to align workforce programs

Promotes accountability and transparency

Fosters regional collaborationStreamlines and strengthens the strategic role of workforce boards


ObservationObservationMinimal streamlining or consolidation

◦Mostly discretionary grants which went away

◦Coordination is left to The governor The state board Local boards

Much more detail and direction than was written into WIA regarding◦Structure and content of state and local

plans◦Functions of state and local boards◦Performance reports

Rochelle Daniels, Attorney/ Consultant 9

ObservationObservationGovernors have much more latitude than

under WIAThe local delivery system is written into the

statute but may not continue as currently structured◦ Existing local areas can ask for designation ◦ The state board may subdivide the state into

regions ◦ The governor/state board can assign an area to

a region ◦ If assigned regional planning will be required ◦ If regional planning agreements cannot be

reached all bets are off on maintaining local boundaries


State BoardsState BoardsMajority private sectorMember of each House20% Organized Labor &

Apprenticeship ◦Optional: CBO’s serving those with

barriers and YouthLead Officials of Core ProgramsChief Elected Officials Others selected by the GovernorNo Double Hatting


State PlanState PlanEvery 4 yearsUpdated every 2 yearsThe plan must be a unified plan

for the 4 core programsCan be a combined plan with

respect to the one stop partnersMuch more detailed than WIARecognizes the employer as a

customerRochelle Daniels, Attorney/ Consultant 12

Local Area - Initial Local Area - Initial DesignationDesignation


Subsequent Designation Local Subsequent Designation Local AreasAreas

After the 2 year initial designation◦The Governor must approve Requests for subsequent designation

from any local area That performed successfullySustained fiscal integrity In the case of a local area in a planning region, the region met the requirements for regional planning


REGIONAL PLANNINGREGIONAL PLANNINGIf assigned to a region

◦Local boards and chief elected officials in the planning region must prepare and agree to a single regional plan that includes: Regional service strategies Use of cooperative service delivery agreements Sector initiatives for in-demand industry sectors

for the region Collection and analysis of regional labor market

data Administrative cost arrangements, including

pooling funds for administrative costs, as appropriate for the region


Local BoardsLocal Boards


Local Board – 19 or 22Local Board – 19 or 22Private sector chairSmallerMajority private sectorCore partners (4)20%

◦Required: Labor, representative of joint labor management, apprenticeship

◦Optional: CBO’s Serving youth Individuals with barriers to employment Serving veterans Serving individuals with disabilities


Local Boards Local Boards A representative of eligible providers

administering adult education and literacy

A representative of institutions of higher education - community colleges

May include representatives of local educational agencies, and of community-based organizations with experience serving education or training needs of individuals with barriers to employment


Local BoardsLocal BoardsRepresentatives of government,

economic and community development entities ◦A representative of economic and community

development entities◦A representative from the State employment

service under the Wagner-Peyser ◦A representative of the programs carried out

under title I of the Rehabilitation Act◦May include representatives of

Entities administering transportation, housing, and public assistance programs

Philanthropic organizations◦Appointments by the chief local elected

officialRochelle Daniels, Attorney/ Consultant 19

Standing CommitteesStanding CommitteesIt appears that the law suggests 3

standing committees◦One Stop◦Youth – may be the current youth

council◦Disabilities

However language in the bill – states “if appointed” –wait for the regulations to see if mandated


Local Board Local Board ResponsibilitiesResponsibilities

The local plan in partnership with the chief elected official

Analyses of the economic conditions in the region

Lead employer engagement effortsDevelop and implement career pathways

together with secondary and postsecondary education

Conduct oversight in partnership with the chief elected official over programs and funds

Negotiate performance

Rochelle J. Daniels, Attorney/Consultant, 21

Local Board ResponsibilitiesLocal Board ResponsibilitiesDesignate, certify and terminate one-stop

operators with the agreement of the chief elected official

Identify eligible youth providers based on the recommendations of the youth standing committee if established

identify eligible training providers If the one-stop operator does not provide

career services, select providers for those services

Rochelle J. Daniels, Attorney/Consultant 22

Local Board Local Board ResponsibilitiesResponsibilities

Develop a budget subject to the approval of the chief elected official.

Solicit and accept grants and donations from sources other than Federal funds

Annually assess the one stop


YouthYouthYouth Funds

◦Still formula allocated to local areas◦Must spend 75% of the funds on out

of school youth◦For small areas there will only be out

of school programs◦Relaxed income eligibility◦Requirement to spend 20% of youth

funds on work experience


YouthYouthSimplifies Income Eligibility for Out of School

Youth Includes Free or Reduced Lunch as part of the

definition of “low-income individual” Special rule allows eligibility based on where

youth live - i.e. from high poverty areasOut- of School youth – up to 24 years 75% of funds must be spent on out of school

youth Programs must be procuredRequires that 20% of $ be spent on work

experienceRochelle Daniels, Attorney/ Consultant 25

IN-SCHOOL YOUTH Ref §§ 129(a)(1)(c) A youth attending school as defined by State law, and 14 - 21 unless they are disabled & attending school under

State law Is low-income , and has one of the following barriers

◦ Basic skills deficient

◦ An English language learner◦ An offender◦ Homeless individual as defined by

Violence Against Women Act The McKinney-Vento Homeless Act

◦ A runaway◦ In foster care or has aged out of the foster care system◦ Eligible for foster care or in an out-of-home placement.◦ Pregnant or parenting◦ A youth who is an individual with a disability◦ An individual who requires additional assistance to

complete an educational program or to secure or hold employment.


OUT-OF-SCHOOL YOUTH Ref. §§129(a)(1)(B)

» Not attending any school (as defined under State law)» 16 to 24 and one of the following:

» A school dropout – no longer attending any school» A youth who is an age of compulsory attendance, but has

not attended school for the last school ¼» A recipient of a HS diploma or GED who is a low-income

individual and

Basic skills deficient

An English language learner

Subject to the juvenile or adult justice system

Homeless (as defined in the violence against women act of 1994)

Pregnant or parenting

Has a disability

A runaway

A homeless youth as defined in the Mckinney-Vento Homeless Assistance act

Foster care or aged out of foster care

Eligible for foster care or in an out-of-home placement

Requires additional assistance to enter or complete an education program or to secure or hold employment


PROGRAM ELEMENTSPROGRAM ELEMENTS

Program services provided must support◦Attainment of a HS diploma or its equivalent

◦Entry into postsecondary education

◦Career readiness


WIOA HighlightsWIOA HighlightsEnhances services to job seekers and

employersProvides access to “high quality” trainingPromotes work-based trainingReinforces connections with registered

apprenticeship programsHeavy emphasis on services to out of

school youthEmphasizes the importance of services to

the disabledImproves services to employersIncreases performance of Job Corps

Rochelle Daniels, Attorney / Consultant

29

Some ObservationsSome ObservationsOne stop partners

◦Are not exactly the same ◦Most one stop partners are not on the

local board◦The one stop system is firmly

entrenched as a path to employment◦Infrastructure costs

Negotiated, or Determined in accordance with formulas set

in legislationA lot of emphasis on service to

individuals with barriers, disabilities and ex-offenders


One Stop PartnersOne Stop PartnersAdds TANF Adds Ex Offender ProgramsCurrent required partnersSuggests

◦The Small Business Administration◦Ticket to Work◦SNAP – Food Stamps◦National Community Service Act

Governors can write to the appropriate Secretary explaining why a funding stream is not an appropriate partner


WIOA HighlightsWIOA HighlightsNew oversight for one-stops

◦One-stops will have to be recertified every 3 years Continuous improvement Physical and program access for

individuals with disabilities In person and virtual services Integrated service delivery Infrastructure funding

◦ Common brand – American Job Centers


One StopOne StopCombines core and intensive services Career services

◦Old core services◦Greatly expanded

Requires the Employment Service to co-locate

Infrastructure costs◦Partners can agree on infrastructure costs or ◦Use formula administrative funds◦described in the law governing their

programsRochelle Daniels, Attorney/ Consultant 33

WIOA HighlightsWIOA HighlightsUnemployment Insurance services,

information and claims are to be provided through the one-stop

USDOL, an advisory council, other federal agencies and states are to work and improve the labor market information system

A Native American Council shall make recommendations to USDOL on their programs


WIOA Highlights – Adult WIOA Highlights – Adult LiteracyLiteracy

The programs will be a part of the Unified State Plan

Must align content standards for adult education with state academic standards

Must plan on funding programs for corrections education, English literacy and civics education, and integrated education and training

Must assess adult education providers

Will be subject to new measures Rochelle Daniels, Attorney / Consultant 35

Observations - Observations - PerformancePerformance

Performance measures are changing

The three common measures are replaced with six measures

They apply to all the core programs

Adults, Dislocated Worker, Youth Wagner Peyser Adult Literacy Vocational Rehabilitation

There is an employer measure still to be developed Rochelle Daniels, Attorney/

Consultant 36

The Measures - State and The Measures - State and LocalLocalAll Core ProgramsAll Core Programs PLACEMENT: The % of participants in unsubsidized employment in the 2nd quarter after exit

RETENTION: The % of participants in unsubsidized employment during the 4th quarter after exit

WAGE: The median earnings of participants in unsubsidized employment the second quarter after exit

The % of participants obtaining a postsecondary credential, or a HS school diploma /GED during the program or within 1 year after exit and are placed or go into post secondary training

The % of participants in an education or training program for a postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and

The indicators of effectiveness in serving employers to be developed by the Secretaries of Labor and Education


The Measures State and Local The Measures State and Local -Youth-Youth PLACEMENT: the % of participants in education,

training or jobs, during the 2nd quarter after exit RETENTION: the % of participants in education,

training or jobs, the 4th quarter after exit; and WAGE: The median earnings of participants in

unsubsidized employment the 2nd quarter after exit

The % of participants obtaining a postsecondary credential, or a HS diploma /GED in the program or within 1 year after exit who ALSO are placed or go into post secondary training

The % of participants in education or training for a postsecondary credential or employment and who are achieving measurable skill gain

Effectiveness in serving employers developed by the Secretaries of Labor and Education


Factors Impacting Factors Impacting Measures Measures

There is the opportunity for a regression model to be incorporated◦How will it work?

States may petition for performance relief◦Expected economic conditions ◦Expected participant characteristics ◦Using the statistical adjustment model

developed by the feds◦Actual economic conditions ◦Actual characteristics of the populations

servedRochelle Daniels, Attorney/ Consultant 39

The Employer MeasureThe Employer MeasureUnder WIA – employer satisfactionCommon Measures

◦Placement◦Retention ◦Wage

Subset of Wagner Peyser measures◦The number of Job Postings / Job Orders◦Reemployment services for unemployed

workers◦Staff assisted services - job search◦Matching assistance


The Employer MeasureThe Employer MeasureThis measure is to be

determined.As employers what would be a

fair evaluation of whether services provided to employers are of value?

What recommendations should we make?


ObservationsObservations

◦The Congress wants to know what they want to know!

Required state, local and eligible provider reports

◦Information in addition to the measures

◦May drive funding and performance decisions

◦Monetary sanctions for state failure to meet performance or submit reports


State and Local ReportsState and Local ReportsThe total # of participants served

by each Core programThe # of participants receiving

◦Career (old intensive) services◦Training services

The amount of funds spent on each type of service

The number of participants who exit from career and training services


State and Local ReportsState and Local Reports The average cost per participant who received training The % of participants

◦ Who received training services and ◦ Obtained training related jobs◦ With barriers to employment served

by each Core programs by each subpopulation

The # of participants enrolled in more than 1 Core program

The % of the State and local allotment spent on administrative costs

Where possible, employers and participant satisfaction Other information that compares

◦ States to other states and ◦ Local areas to local areas


Eligible Training ProvidersEligible Training ProvidersSimilar to current lawMust provide recognized

credentials in in-demand occupations

Gives local boards more authority in working with the providers

Allows governor or local boards to increase OJT to 75%


FundsFundsAdministration is still limited to

10%◦No real definition◦Look to the regulations

Retains 10% hold harmlessBill contains recommended levels

of appropriationsReturns 15% funds to the states100% transferability between

Adult and dislocated workerRochelle Daniels, Attorney/ Consultant 46

In summary …In summary …From the USDOL WIOA…

◦ Aligns federal investments to support job seekers and employers

◦ Strengthens the governing bodies that establish state, regional and local workforce investment priorities

◦ Helps employers find workers with the necessary skills

◦ Aligns goals and increases accountability and information for job seekers and the public

◦ Fosters regional collaboration to meet the needs of regional economies

◦ Targets workforce services to better serve job seekers

◦ Improves services to individuals with disabilities Rochelle Daniels, Attorney/

Consultant 47

the workforce innovation and opportunity act ref. h.r. 803 rochelle daniels, attorney/consultant...

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