WIOA: What We Learned in Year 1 www.bruman.com Michael L. Brustein, Esq. Steven A. Spillan, Esq. mbrustein@bruman.com sspillan@bruman.com

Brustein & Manasevit, PLLC © 2018. All rights reserved. Agenda Policy Proposals Infrastructure Costs Career Services AEFLA Providers Data Brustein & Manasevit, PLLC © 2018. All rights reserved.

Policy Issues – WIOA Funding FY 2018 Funding: Youth: $866,560,920 Adult: $809,155,220 Dislocated Worker: $1,231,974,405 $80 million increase compared to FY 2017 Trump Administration sought 40% cut Brustein & Manasevit, PLLC © 2018. All rights reserved.

Policy Issues – ED Funding Program FY 2017 Levels President’s FY 2018 Request FY 2018 Amount Difference (FY 17 – FY 2018) CTE $1,117,598,000 $949,499,000 $1,193,000,000 + $75,000,000 Adult Ed $581,955,000 $485,849,000 $631,000,000 + $35,000,000 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. FY 2018 Policy Riders Proposals: Grant governors more authority to make local workforce area designations Including single state local area Full funding transferability between WIOA adult and youth programs Raise local admin. cost limits from 10% to 12.5% No mandatory statewide activities Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Policy riders (cont.) Allow States to use dislocated worker rapid response funds for statewide activities or to provide additional funding to local areas DOL could waive all reporting except labor standards and nondiscrimination Raise minimum funding levels for smallest states from .25% to .3% $66 million for National Dislocated Worker grants in the Appalachian region Funds would come from Dislocated Worker National Reserve Fund Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Maine Situation Governor LePage (R-ME) Threatened to pull out of WIOA Wanted to designate Maine as one local workforce area DOL turned him down DOL Sec. Acosta told LePage to wait and see if policy riders were successful Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Advocacy Response Letter in opposition to policy rider on local area designation: National Association of Workforce Boards National League of Cities U.S. Conference of Mayors Did not address other riders Brustein & Manasevit, PLLC © 2018. All rights reserved.

Opposition Letter (cont.) Proposal is “contrary to the local area designation process established in WIOA.” Pointed to WIOA framework that emphasizes regional planning supported by cooperation between local areas. WIOA passed with bipartisan support for local framework. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Congress & the President’s Budget Brustein & Manasevit, PLLC © 2018. All rights reserved.

FY 2018 Congressional Debate Omnibus ignored all policy riders No real debate on House/Senate floor Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. FY 2019 Budget Request includes similar policy riders: Local area designation waiver (including single-state designation) Transferability between Youth and Adult training funds Eliminating specific statewide activities requirements for state funds Flexibility in use of rapid response funds Increase local admin cap from 10% to 12.5% Waive reporting requirements Increase small state minimum Does NOT include the $66 million for Dislocated Worker grants Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. New FY 2019 Proposal Provide significant flexibility to the general waiver authority of the Secretary to waive statutory or regulatory requirements for WIOA formula programs pursuant to requests from States. This new flexibility could be used by States to request waivers of additional statutory or regulatory requirements that create undue burdens or that prevent States from implementing alternative approaches to meeting the objectives of the WIOA programs. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Infrastructure Costs 34 CFR 463.700: Non-personnel costs that are necessary for the general operation of the one-stop center, including: Rental of the facilities; Utilities and maintenance; Equipment (including assessment-related products and assistive technology for individuals with disabilities); and Technology to facilitate access to the one-stop center, including technology used for the center’s planning and outreach activities. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Who Pays & How Much? One-stop partners must enter into MOU with the local WDB, which must include, among other things: 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; Agreement on funding the costs of the services and the operating costs of the system, including: Funding of infrastructure costs of one-stop centers; and Funding of the shared services and operating costs of the one-stop delivery system 34 CFR 463.500 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Source of Infrastructure Funding WIOA Title I Programs: Program funds and/or administrative funds Other One-Stop Partner Programs: Limited to the program’s administrative funds, as appropriate. Adult Education Program: Must be paid from local administration Perkins: Must be paid from local administration of postsecondary level programs 34 CFR 463.720 Brustein & Manasevit, PLLC © 2018. All rights reserved.

What if your admin isn’t enough? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Adult Ed & Perkins Postsecondary Non-Federal resources that are cash, non-cash, or third-party in- kind contributions may also be used. Must be fairly evaluated Sources & companies used should be included in MOU Cash Contributions: funds provided local WDB/One-Stop Non-cash Contributions: Expenditures incurred by partners on behalf of the one-stop Goods or services contributed by partner and used by one-stop TEGL No. 17-16 Brustein & Manasevit, PLLC © 2018. All rights reserved.

In-Kind Contributions Space, equipment, technology, non-personnel services, or other like items by a non-partner (i.e., a third-party) to support the infrastructure costs associated with one-stop operations. General contributions to one-stop operations (not connected to any individual partner) Those made specifically to a one-stop partner TEGL No. 17-16 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Partner Share Proportionate Use & Relative Benefits Received Citation: 20 CFR § 678.715 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Proportionate Use A partner program contributing its fair share of the costs proportionate to: The use of the one-stop center by customers that may include reportable individuals and participants in its program at that one-stop center; The amount of square footage occupied by the partner program in the one-stop center; or Another allocation base consistent with the Uniform Guidance. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Relative Benefit Received Measure a partner’s benefit using reasonable methods. Must be based on reasonable methods that are agreed to by all partners. 2 CFR 200.4: The process of assigning a cost or group of costs to one or more cost objectives must be in reasonable proportion to the benefit provided. Allocability: 2 CFR 200.405 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Examples 20% of participants enrolled in college or provider are referred by One-Stop 5% of college/provider staff work directly/indirectly with One-Stop Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. A bump in the road… What if college/provider has no participants referred from One-Stop, and no staff interface with One-Stop? WIOA statute/regs/guidance all require partner programs provide “career services” through the One- Stop, regardless of proportionate benefit TEGL No. 16-16 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Career Services Providing career services in the comprehensive does not mean that each required partner must provide these services directly on-site at the comprehensive American Job Center. However, it does mean that some career services must be provided directly on-site. TEGL No. 16-16 (Jan. 2017) Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Option 1. Having a program staff member physically present at the American Job Center; Option 2. Having a staff member from a different partner program physically present at the American Job Center and appropriately trained to provide information to customers about the programs, services, and activities available through all partner programs; or Option 3. Making available a direct linkage through technology to a program staff member who can provide meaningful information or services. Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Basic Career Services Determinations of whether the individual is eligible to receive assistance, including co-enrollment among these programs; Outreach, intake, 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, abilities (including skills gaps), and supportive service needs; Brustein & Manasevit, PLLC © 2018. All rights reserved.

Basic Career Services (cont.) Referrals to, and coordination of activities with, other programs and services, including those within the American Job Center network and, when appropriate, other workforce development programs; Assistance in establishing eligibility for financial aid assistance for training and education programs not provided under WIOA Brustein & Manasevit, PLLC © 2018. All rights reserved.

Individualized Career Services Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include: Diagnostic testing and use of other assessment tools; and In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; Brustein & Manasevit, PLLC © 2018. All rights reserved.

Individualized Career Services (cont.) Group counseling, which involves two or more participants addressing certain issues, problems, or situations that may be shared by the group members; Individual counseling, which is a one-on-one session that may go into greater detail for a participant regarding certain issues, problems, or situations; Career planning Brustein & Manasevit, PLLC © 2018. All rights reserved.

Career & Training Services Applicable to AEFLA Outreach, intake, and orientation information Initial assessment of skill levels, including: Literacy Numeracy English language proficiency Aptitudes Abilities Supportive service needs Referrals to and coordination of activities with other programs and services Brustein & Manasevit, PLLC © 2018. All rights reserved.

Career & Training Services Applicable to AEFLA Provision of performance information and program cost information on eligible providers of education, training, and workforce services by program and type of provider Provision of information on availability of supportive services or assistance and appropriate referrals Integrated education and training programs Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved.

AEFLA Providers – Local Review Sec. 107(d)(11) requires local workforce development boards to coordinate with education providers. This includes reviewing adult ed provider applications and making recommendations to the eligible agency 34 CFR 463.21 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Performance Reporting WIOA Effective Date: July 1, 2015 Performance Accountability Effecting July 1, 2016 First Round of Performance Reporting Due October 1, 2017 September 2017 Guidance (TEGL 03-17): Deadline extended to October 16, 2017 Brustein & Manasevit, PLLC © 2018. All rights reserved.

Use of Data…VERY Important Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Performance Metrics Sec. 116(b) – Primary indicators of performance: % of program participants in unsubsidized employment (2nd & 4th quarter after exit) Median earnings during 2nd quarter after exit % who obtain recognized postsecondary credential or secondary diploma or equivalent during participation or within 1 year after exit % who, during a program year, are in an education or training program leading to postsecondary credit or employment and who are achieving measurable skill gains Effectiveness in serving employers Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Primary Focus How are your partner programs using data to improve career services? What, if any, technical assistance are you receiving regarding use of data? What about data from CTE accountability standards? ESSA? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Accountability - Decision-making How will your State/LEA/IHE/Provider use data to: Determine standards for AEFLA providers? Draft improvement plans for Perkins recipients Consider braiding WIOA Title I, AEFLA, Perkins Postsecondary funds? Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. QUESTIONS Brustein & Manasevit, PLLC © 2018. All rights reserved.

Brustein & Manasevit, PLLC © 2018. All rights reserved. Legal Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. Brustein & Manasevit, PLLC © 2018. All rights reserved.