Heather Fleck, DOL/ETA Charlotte Harris, DOL/ETA Cheryl Keenan, OCTAE Unpacking Title I Regulations: State and Local Board Representation Required Partners and Their Roles in the One-Stop Heather Fleck, DOL/ETA Charlotte Harris, DOL/ETA Cheryl Keenan, OCTAE

State Workforce Development Board Part 679 – Subpart A State Workforce Development Board

Purpose of State Workforce Development Board (WDB) – (679.100) To convene State, regional, and local workforce system and partners to: Enhance the capacity and performance of the workforce development system; Align and improve the outcomes and effectiveness Promote economic growth; Engage public workforce system representatives achieve the purpose (WIOA); and Assist to achieve the State’s strategic and operational vision and goals. WIOA reduced mandated Board membership in an effort to streamline State WDBs and provide Governors flexibility to establish Boards that best reflect the diversity of the State’s job seeker and employer communities. State and locals boards are more strategic and flexible as board membership is streamlined Business continues to contribute to strategic development and other activities by maintaining a leadership role on the boards and forming the majority of workforce board members State and local boards must coordinate and align workforce programs to provide coordinated, complementary, and consistent services to job seekers and employers (a) Enhance the capacity and performance of the workforce development system; (b) Align and improve the outcomes and effectiveness of Federally-funded and other workforce programs and investments; and (c) Through these efforts, promote economic growth. (d) Engage public workforce system representatives, including businesses, education providers, economic development, labor representatives, and other stakeholders to help the workforce development system achieve the purpose of the Workforce Innovation and Opportunity Act (WIOA); and (e) Assist to achieve the State’s strategic and operational vision and goals as outlined in the State Plan.

State WDB Membership Must Include: Governor Member of each Chamber of the State legislature A majority business representation Not less than 20% State workforce representation Two or more chief elected officials Lead State officials with primary responsibility for: Adult, dislocated worker, and youth programs Adult Education and Family Literacy Act program State Vocational Rehabilitation program May include other appropriate representatives and officials designated by the Governor Established by the Governor Must represent diverse geographic areas of the State, including urban, rural, and suburban areas Represents a wide variety of individuals, businesses, and organizations throughout the State Member may not serve as a representative for more than one subcategory of membership, some exception for core programs (discussed later). All required members must have voting privileges; Governor may convey voting privileges to non-required members A majority business representation: Are owners or CEOs, or executives with optimum policy-making or hiring authority. Represent businesses, or organizations that represent businesses, that provide employment and training opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State and also may be members of a Local WDB. Appointed from a list of potential members nominated by State business organizations and business trade associations. At a minimum, one member representing small businesses.

State WDB Membership – Workforce Representation Not less than 20% of the State WDB must be representatives of the workforce: Must Include: May Include: Two or more representatives of labor organizations nominated by State labor federations One representative of a labor organization or training director from a joint labor-management registered apprenticeship program If no such joint program exists in the State, a member of a labor organization or training director who is a representative of an registered apprenticeship program Community-based organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment Organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including out-of-school youth

Optimum Policymaking Authority (679.110(e)) “(e) Members who represent organizations, agencies, or other entities described…must be individuals who have optimum policymaking authority in the organization or for the core program that they represent.”

Multiple Representation – A State WDB member may not represent more than one of the [business, workforce, or government representatives] categories described… A State WDB member may not serve as a representative of more than one subcategory under paragraph (b)(3)(ii) [AEFLA] of this section.

Preamble: Unique Representation “The Department has added [language] to clarify that, for Title I and W-P, a single lead official may represent more than one of those programs. However, the WIOA title II and VR programs must have a single, unique representative.” (Pages 68-69, DOL Rule)

Preamble: Representation by State Director “These provisions are intended to ensure that all core programs have meaningful input on the State WDB, but neither WIOA nor the regulation requires that the adult education director be appointed to the State WDB….. the representative must meet the requirement of primary responsibility.”

Local Workforce Development Boards Part 679 – Subpart C Local Workforce Development Boards

Purpose of Local Workforce Development Board (WDB) Vision Serve as a strategic leader and convener Partner with employers and the workforce development system Develop effective service delivery approaches Purpose Strategic and operational oversight Assist in the achievement of the State’s strategic and operational vision and goals Improve the quality of services, customer satisfaction, and effectiveness of the services provided. Function of the State WDB Convene State, regional, and local workforce system and partners to: Lead and guide the State’s implementation of WIOA Aligning Federal investments in job training, integrating service delivery across programs Ensuring that workforce investments are job-driven and match employers with skilled workers Promote economic growth Assist to achieve the State’s strategic and operational vision and goals as outlined in the State Plan

Local WDB – Membership Must Include: A majority local area business representation At least 20% workforce representation At least one eligible provider administering adult education and literacy activities under WIOA title II At least one representative from an institution of higher education providing workforce investment activities, including community colleges At least one representative from each of the following: Economic and community development entities State Employment Service office under the Wagner-Peyser Act serving the local area Programs carried out under title I of the Rehabilitation Act of 1973, other than sec. 112 or part C of that title May include individuals or representatives of other appropriate entities in the local area Local Board Membership Section 679.320(b) – “…the members of the Local WDB must be selected by the chief elected official and must meet established criteria in section 107(b) of WIOA. Must include: A majority business representation: Be an owner, chief executive officer, chief operating officer, or other individual with optimum policy-making or hiring authority. Provide employment opportunities in in-demand industry sectors or occupations. At a minimum, two members must represent small business Business representatives serving on Local WDBs also may serve on the State WDB

Local WDB Membership – Workforce Representation Not less than 20% of the Local WDB must be representatives of the workforce: Must Include: May Include: Two or more representatives of labor organizations One or more representatives of a joint labor-management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation, if one exists Community-based organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment Organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including out-of-school youth Function of the local WDB Serves as a strategic convener: Promote and broker effective relationships between the CEOs and economic, education, and workforce partners Provide strategic and operational oversight to help develop a comprehensive and high-quality workforce development system in the local area and larger planning region Assist to achieve the State’s strategic and operational vision and goals as outlined in the State Plan Maximize and continue to improve the quality of services, customer satisfaction, effectiveness of the services provided. Represents a wide variety of individuals, businesses, and organizations throughout the local area

Local WDB Membership – Workforce Representation Not less than 20% of the Local WDB must be representatives of the workforce: Must Include: May Include: Two or more representatives of labor organizations One or more representatives of a joint labor-management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation, if one exists Community-based organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment Organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including out-of-school youth

Appointment Process Chief elected officials must establish a formal nomination and appointment process, consistent with the criteria established by the Governor and the State WDB. (679.320(g)) The process must ensure that “when there is more than one local area provider of adult education and literacy activities under title II, or multiple institutions of higher education providing workforce investment activities…nominations are solicited from those particular entities.” (679.320(g)(3))

Appointment Process (continued) An individual may be appointed as a representative of more than one entity if the individual meets all the criteria for representation. (679.320(h))

Preamble: Specific Entity for Adult Education Representation “The Department concludes that the Governor, in partnership with the State WDBs, has authority for creating a policy regarding the criteria for the membership of the Local WDB, which includes criteria for selecting the representative of a title II eligible provider of adult education and literacy activities.” (Page 107, DOL Rule)

Preamble: Dual Representation “The Department recognizes that the structure of core programs may differ across the country and separate representation may not be possible or practical in all local areas. The Department offers Governors and Local Chief Elected Officials the flexibility for an individual to be appointed as a representative on the Local WDB for more than one entity if the individual meets all of the criteria for representation.” (Page 108, DOL Rule)

What entity serves as the local one-stop partner in the local area? Section 678.415 What entity serves as the local one-stop partner in the local area?

One-Stop Partner in the Local Area For title II of WIOA, the entity or agency that carries out the program…is the sole entity or agency in the State or outlying area responsible for administering or supervising policy for adult education and literacy activities in the State or outlying area. The State eligible entity or agency may delegate its responsibilities…to one or more eligible providers or consortium of eligible providers.

Preamble Discussion: Delegation “Section 678.415(b) specifies that: The appropriate entity to serve as a partner for the adult education program is the State eligible agency (SEA) or entity, and SEA may delegate its responsibilities as a local one- stop partner to one or more eligible providers or consortium of eligible providers. As part of these delegated responsibilities, a local AE entity assumes the roles and responsibilities of one-stop partners including contributing to infrastructure costs.”

Section 678.420 WIOA recognizes the value of the one-stop delivery system, and provides the workforce system with important tools to enhance the quality of its one-stop centers. The law strengthens the ability of States, regions, and local areas to align investments in workforce, education, and economic development to regional in-demand jobs. It also places greater emphasis on achieving results for job seekers, workers, and businesses. The management of the one-stop delivery system is the shared responsibility of States, local boards, elected officials, the core WIOA partners, other required partners, and one-stop center operators. However, required one-stop partner programs have specific governance, operations, and service delivery roles within the one-stop delivery system. I will be talking about a few of them today. But first I will begin with a brief review of the make up of the required one-stop partners. What are the roles and responsibilities of the required one-stop partners?

Who Are the Required One-Stop Partners? Adult, Dislocated Worker, and Youth programs Adult Education and Literacy Programs Wagner-Peyser Program Vocational Rehabilitation Program Temporary Assistance for Needy Families Trade Adjustment Assistance Programs Unemployment Compensation programs; Career and Technical Postsecondary Education Veterans

Who Are the Required One-Stop Partners? (cont.) Job Corps YouthBuild Native American programs Migrant and Seasonal Farmworker programs Community Services Block Grant Housing and Urban Development Reintegration of Ex-offenders Social Security Act (Title IV) Senior Community Service Employment Program

Each Required Partner Must… (a) Provide access to its programs or activities through the one-stop delivery system, in addition to other appropriate locations Access means: Having a program staff member physically present at the one-stop center; (2) Having a staff member from a different partner program physically present at the one-stop center appropriately trained to provide information to customers about the programs, services, and activities available through partner programs; or (3) Making available a direct linkage through technology to program staff who can provide meaningful information or services. A “direct linkage” means providing direct connection at the one-stop center, within a reasonable time, by phone or through a real-time Web-based communication to a program staff member who can provide program information or services to the customer. (ii) A “direct linkage” cannot exclusively be providing a phone number or computer Web site or providing information, pamphlets, or materials.

Each Required Partner Must…(cont.) (b) Use a portion of funds made available to the partner’s program, to the extent consistent with the Federal law authorizing the partner’s program and with Federal cost principles in 2 CFR parts 200 and 2900 (requiring, among other things, that costs are allowable, reasonable, necessary, and allocable), to: Provide applicable career services; and Work collaboratively with the State and Local WDBs to establish and maintain the one-stop delivery system, which includes jointly funding the one-stop infrastructure through partner contributions. Each required partner must use a portion of funds made available to the partner’s program (Consistent with allowable program activities and Federal cost principles A full webinar providing additional details on infrastructure and other shared costs and services will be provided soon; 9/21. I encourage you to attend to obtain more targeted information in this area as well as to have specific questions that you may have related to infrastructure and other shared costs, as it relates to the one-stop system. Additional joint guidance is also being developed and anticipated to be released in Fall. For this presentation, I just want to reiterate the partner requirement to provide applicable career services (which I will discuss in a few moments) and to work collaboratively with the State and Local WDBs to establish and maintain the one-stop delivery system.

Each required partner must…(cont.) (c) Enter into an MOU with the Local WDB relating to the operation of the one-stop delivery system that meets the requirements of Sec. 678.500(b); (d) Participate in the operation of the one-stop delivery system consistent with the terms of the MOU, requirements of authorizing laws, the Federal cost principles, and all other applicable legal requirements; and (e) Provide representation on the State and Local WDBs as required and participate in Board committees as needed. (b) The MOU must include items such as: (1) A description of services to be provided through the one-stop delivery system, including the manner in which the services will be coordinated and delivered through the system; (2) Agreement on funding the costs of the services and the operating costs of the system (3) Methods for referring individuals between the one-stop operators and partners for appropriate services and activities; (4) Methods to ensure that the needs of workers, youth, and individuals with barriers to employment (5) The duration of the MOU and procedures for amending it; Joint guidance on this is also being developed. .

Preamble Statement “Jointly funding services is a necessary foundation for an integrated service delivery system. All partner contributions to the costs of operating and providing services within the one-stop delivery system must be proportionate to the benefits received and also must adhere to the partner program’s Federal authorizing statute and to Federal cost principles requiring that costs are reasonable, necessary, and allocable.” (Page 346, Joint Rule)

Preamble Discussion “The requirement in Sec. 678.420(e), to provide representation on State and Local WDBs, is new in WIOA and is required only of core programs; WIA only required one- stop partner representation on Local WDBs, and required it for all one-stop partner programs.” (Page 346, Joint Rule) “The requirement in Sec. 678.420(e), for each required partner to provide representation on State and Local WDBs, is new in WIOA and is required only of core programs; WIA only required one-stop partner representation on Local WDBs, and required it for all one-stop partner programs.”

Section 678.425 What are the applicable career services that must be provided through the one-stop delivery system by the required partners?

Applicable Career Services The applicable career services to be delivered by required one-stop partners are those services…that are authorized to be provided under each partner’s program (678.425) Career services consist of three types (678.430): Basic career services Individualized career services Follow-up services Statute identifies three types of career services: Basic, Individualized, and Follow-up Basic includes: eligibility determinations for adult, dislocated worker, or youth program; Outreach, intake (including worker profiling), and orientation to information and other services available through the one-stop delivery system. Initial assessment of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, Provision of workforce and labor market employment Appropriate recruitment and other business services on behalf of employers Individualized career services Comprehensive and specialized assessments of the skill levels and service needs (i) Diagnostic testing and use of other assessment tools; and In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; Development of an individual employment plan, English language acquisition and integrated education and training programs Follow-up services For participants in adult or dislocated worker workforce investment activities who are placed in unsubsidized employment, for up to 12 months after the first day of employment.

What might this look like?

Table Top Activity Review the list of career services in Sec. 678.430. Based on the list, what are the applicable career services your programs may provide to individuals? Note: Keep in mind that career services must be consistent with allowable program activities and Federal cost principles.

Technical Assistance Resources

Strategic Boards Vision Toolkit New Resource Available on ION Workforce GPS: https://ion.workforcegps.org/resources/2016/06/27/09/30/Strategic_Board_Toolkit_Vision

Upcoming Guidance and TA One-Stop Infrastructure Funding Webinar September 21 One-Stop Operations Guidance Anticipated release in Fall 2016 One-Stop State/Local Infrastructure Costs Guidance Stay Tuned…https://ion.workforcegps.org/

Questions?