The Workforce Innovation and Opportunity Act Ref. H.R. 803 Rochelle Daniels, Attorney/Consultant 5301 North 36th Court Hollywood, FL 33021 954 205 3582

What Does USDOL Say? They are in a listening mode Signed 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 2016 USDOL is looking for early implementation states Florida wants to be an early implementation state Rochelle Daniels, Attorney / Consultant

What is covered by WIOA? Replaces the Workforce Investment Act (WIA) – Adult, Dislocated Worker, Youth Amends Wagner Peyser Amends Adult and Family Literacy Education Act Amends the Rehabilitation Act The above programs are called the core programs Rochelle Daniels, Attorney / Consultant

What is covered by WIOA? Authorizes Job Corps YouthBuild Indian and Native American Programs Migrant and Seasonal Farmworker DOL Evaluation and Research Activities Rochelle Daniels, Attorney / Consultant

Questions – to keep in mind 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 Rochelle Daniels, Attorney / Consultant

What are we going to talk about? The state role Local area designation and regionalism Local board responsibilities One stop activities and organization The new performance measures Eligible training providers Changes to youth programs Rochelle Daniels, Attorney / Consultant

WIOA Highlights - USDOL There is a strong emphasis on coordination and integration among workforce programs Intake Case management Reporting systems Incorporates Sector strategies, Career pathways, Regionalism Rochelle Daniels, Attorney / Consultant

States are required to align workforce programs WIOA Highlights States are required to align workforce programs Promotes accountability and transparency Fosters regional collaboration Streamlines and strengthens the strategic role of workforce boards Rochelle Daniels, Attorney / Consultant

Observation Minimal 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

Observation Governors have much more latitude than under WIA The 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 Rochelle Daniels, Attorney/ Consultant

State Boards Majority private sector Member of each House 20% Organized Labor & Apprenticeship Optional: CBO’s serving those with barriers and Youth Lead Officials of Core Programs Chief Elected Officials Others selected by the Governor No Double Hatting Rochelle Daniels, Attorney/ Consultant

State Plan Every 4 years Updated every 2 years The plan must be a unified plan for the 4 core programs Can be a combined plan with respect to the one stop partners Much more detailed than WIA Recognizes the employer as a customer Rochelle Daniels, Attorney/ Consultant

Local Area - Initial Designation The Governor must approve requests for initial designation For the first 2 full program years 2015 – 2016 2016 - 2017 From any area designated under WIA That met performance and sustained fiscal integrity For the 2 years preceding the date of enactment of the Act Rochelle Daniels, Attorney/ Consultant

Subsequent Designation Local Areas After the 2 year initial designation The Governor must approve Requests for subsequent designation from any local area That performed successfully Sustained fiscal integrity In the case of a local area in a planning region, the region met the requirements for regional planning Rochelle Daniels, Attorney/ Consultant

REGIONAL PLANNING If 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 Rochelle Daniels, Attorney/ Consultant

Local Boards Rochelle Daniels, Attorney / Consultant

Local Board – 19 or 22 Private sector chair Smaller Majority private sector Core 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 Rochelle Daniels, Attorney/ Consultant

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 Rochelle Daniels, Attorney/ Consultant

Local Boards Representatives 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 official Rochelle Daniels, Attorney/ Consultant

Standing Committees It 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 Rochelle Daniels, Attorney/ Consultant

Local Board Responsibilities The local plan in partnership with the chief elected official Analyses of the economic conditions in the region Lead employer engagement efforts Develop 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,

Local Board Responsibilities Designate, 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

Local Board Responsibilities 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 Rochelle Daniels, Attorney / Consultant

Youth Youth 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 Rochelle Daniels, Attorney/ Consultant

Youth Simplifies 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 areas Out- of School youth – up to 24 years 75% of funds must be spent on out of school youth Programs must be procured Requires that 20% of $ be spent on work experience Rochelle Daniels, Attorney/ Consultant

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. Rochelle Daniels, Attorney / Consultant

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 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 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 Rochelle Daniels, Attorney / Consultant

PROGRAM ELEMENTS Program services provided must support Attainment of a HS diploma or its equivalent Entry into postsecondary education Career readiness Rochelle Daniels, Attorney / Consultant

WIOA Highlights Provides access to “high quality” training Enhances services to job seekers and employers Provides access to “high quality” training Promotes work-based training Reinforces connections with registered apprenticeship programs Heavy emphasis on services to out of school youth Emphasizes the importance of services to the disabled Improves services to employers Increases performance of Job Corps Rochelle Daniels, Attorney / Consultant

Some Observations One 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 legislation A lot of emphasis on service to individuals with barriers, disabilities and ex-offenders Rochelle Daniels, Attorney/ Consultant

One Stop Partners Adds TANF Adds Ex Offender Programs Current required partners Suggests 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 Rochelle Daniels, Attorney/ Consultant

WIOA Highlights New 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 Rochelle Daniels, Attorney / Consultant

One Stop Combines 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 programs Rochelle Daniels, Attorney/ Consultant

WIOA Highlights Unemployment 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 Rochelle Daniels, Attorney / Consultant

WIOA Highlights – Adult Literacy 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

Observations - Performance 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

The Measures - State and Local All 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 Rochelle Daniels, Attorney/ Consultant

The Measures State and Local -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 Rochelle Daniels, Attorney/ Consultant

Factors Impacting 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 served Rochelle Daniels, Attorney/ Consultant

The Employer Measure Under WIA – employer satisfaction Common 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 Rochelle Daniels, Attorney / Consultant

The Employer Measure This 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? Rochelle Daniels, Attorney / Consultant

Observations Required state, local and eligible provider reports 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 Rochelle Daniels, Attorney/ Consultant

State and Local Reports The total # of participants served by each Core program The # 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 Rochelle Daniels, Attorney / Consultant

State 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 Rochelle Daniels, Attorney/ Consultant

Eligible Training Providers Similar to current law Must 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% Rochelle Daniels, Attorney/ Consultant

Funds Administration is still limited to 10% Retains 10% hold harmless No real definition Look to the regulations Retains 10% hold harmless Bill contains recommended levels of appropriations Returns 15% funds to the states 100% transferability between Adult and dislocated worker Rochelle Daniels, Attorney/ Consultant

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