1. TEGL 21-16: Third WIOA Title I Youth Program Guidance
The Workforce Innovation and Opportunity Act (WIOA) Youth Program in Depth
TEGL 21-16: Third WIOA Title I Youth Program Guidance
OWI/Division of Youth Services
03/29/2017

2. Evan Rosenberg Youth Policy and Performance Division of Youth Services Rosenberg.Evan@dol.gov
Sara Hastings Unit Chief, Youth Policy and Performance Division of Youth Services

3. TEGL Overview
The 3rd WIOA Youth TEGL, 21-16, was published March 2, 2017 and expands upon the first 2 TEGLs and the final rule
TEGL includes sections on:
Eligibility
Program Design
Competitive Procurement
WIOA Youth Program Elements
Attachment to Help Determine Youth Living in High Poverty

4. Polling Question
Have you read TEGL 21-16, Third WIOA Title I Youth Formula Program Guidance?
No, I was not aware there was a new youth TEGL.
No, but I’ve been planning to read it soon.
Yes, and it answered all of my remaining WIOA youth questions.
Yes, and it answered many of my WIOA youth questions, but I still have a few more.
Yes, but it did not answer any of my WIOA youth questions and now I’m even more confused.

5. WIOA Youth Formula OSY Eligibility - 681.210
An out-of-school youth (OSY) must be each of the following:
Not attending any school (as defined under State law);
Not younger than age 16 or older than age 24 at time of enrollment - age eligibility is based on age at enrollment (i.e., age at eligibility determination); therefore, participants may continue to receive services beyond the age of 24 once they are enrolled in the program; and
Have one or more of the following 9 “barriers.”

6. WIOA Youth Formula OSY Eligibility Barriers
(1) A school dropout;
(2) A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter;
(3) A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is either basic skills deficient or an English language learner;
(4) An offender;
(5) A homeless individual, a homeless child or youth, or a runaway;

7. WIOA Youth Formula OSY Eligibility Barriers
(6) An individual in foster care or who has aged out of the foster care system or who has attained 16 years of age and left foster care for kinship guardianship or adoption, a child eligible for assistance under sec. 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-home placement; (7) An individual who is pregnant or parenting; (8) An individual with a disability; or (9) A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment.

8. WIOA Youth Formula ISY Eligibility – 681.220
An in-school youth (ISY) must be each of the following:
Attending school (as defined by State law), including secondary and post-secondary school;
Not younger than age 14 or (unless an individual with a disability who is attending school under State law) older than age 21 at time of enrollment - age eligibility is based on age at enrollment (i.e., age at eligibility determination); therefore, participants may continue to receive services beyond the age of 21 once they are enrolled in the program;
A low-income individual; and
Have one or more of the following 8 barriers.

9. WIOA Youth Formula ISY Barriers
(1) Basic skills deficient;
(2) An English language learner;
(3) An offender;
(4) A homeless individual, a homeless child or youth, or a runaway;
(5) An individual in foster care or has aged out of the foster care system or who has attained 16 years of age and left foster care for kinship guardianship or adoption, a child eligible for assistance under sec of the Social Security Act (42 U.S.C. 677), or in an out- of-home placement;.

10. WIOA Youth Formula ISY Barriers
(6) An individual who is pregnant or parenting;
(7) An individual with a disability; or
(8) An individual who requires additional assistance to complete an educational program or to secure or hold employment.

11. Eligibility – Determining School Status
School status based on time of enrollment in of final rule
Because enrollment process occurs over time, school status based at time of eligibility determination (and doesn’t change)
School status between high school and college based on “registration” for postsecondary
Non-credit bearing postsecondary classes only not considered “attending school” for purpose of school status
Youth with disabilities (with an IEP) may be enrolled as ISY after age 21 if their state law allows them to be served by K-12 beyond age 21
TEGL further defines high school equivalency and dropout re-engagement programs
Homeschooled youth classification based on state/local education agency policy

12. Eligibility - Barriers
Barriers refer to 9 conditions for OSY and 8 for ISY of which all youth must meet at least 1
Dropout based on status at time of enrollment (i.e., eligibility determination) – does not include former dropout; does not include dropout from postsecondary
The term offender is used in final rule for both OSY and ISY barrier – defined in WIOA 3(38)
Additional assistance – must be defined at either state level or local level; 5% ISY limitation

13. Eligibility – Low Income
Low income applies to all ISY, but only to certain categories of OSY (basic skills deficient or English language learner and requires additional assistance)
Youth living in a high-poverty area new under WIOA – Attachment II of TEGL provides step by step instructions for using census data to determine high poverty (25% or more) geographical areas
Free/reduced lunch eligibility = low income; if youth is in a school (such as Community Eligibility Provision school) that subsidizes the whole school, must use individual eligibility for free/reduced lunch
What counts as income: under WIOA unemployment and child support count as income
Although not explicitly stated in TEGL, old-age survivors insurance benefits also counts as income

14. New Eligibility Resources
WIOA Youth Program Eligibility Page – the page includes a fact sheet, an introductory webcast, and interactive tutorials on the eligibility requirements for the youth program.
/09/11/34/WIOA-Youth-Program-Eligibility

15. Program Design
TEGL clarifies youth funds can be expended on outreach, recruitment, and assessment for eligibility determination prior to participation
TEGL reviews assessment requirements
Objective assessment of skills, needs, interests, etc. including youth’s strengths
For basic skills portion of assessment, not required to use a Dept. of Education National Reporting System approved assessment (although if measuring educational functioning level gains for measurable skill gains indicator, must use NRS assessment for pre and post test)
TEGL discusses career-related assessment benefits

16. Program Design – Statewide Funds
TEGL discusses serving year olds and how to determine whether to serve them in the youth program, adult program, or co-enroll them.
Statewide funds – most required statewide activities are not direct services to youth; only those that are spent on direct services are subject to the OSY 75% expenditure requirement
If youth services provided with statewide funds, youth must be determined eligible for WIOA youth and reported in the Participant Individual Record Layout (PIRL).

17. Program Design - Incentives
Incentive payments are permitted for recognition and achievement directly tied to training and work experience (Section ).
Incentive payments must be in compliance with the Cost Principles in 2 CFR part 200.
Incentives not allowed with WIOA funds for recruitment, submitting eligibility documentation, participation in the program, etc.
Local areas can use leveraged, non-WIOA funds, for those types of incentives

18. Program Design – Braiding Funds
Braiding is a resource allocation strategy when different funding streams are used together to support different needs for the same customer while maintaining documentation to support cost allocation to multiple funding streams
Braiding can allow WIOA youth programs to provide more comprehensive services while maximizing resources
Example - Title I Youth and Title II can provide complementary services
Title I provides career guidance, exploration, and planning; leadership; and work experience
Title II provides literacy activities such as prep for high school equivalency, English language acquisition

19. Competitive Procurement
When a Local Workforce Development Board (WDB) awards grant/contracts to youth service providers to carry out youth activities, must award on a competitive basis.
One exception to competitive requirement: may award sole source contracts if insufficient number of providers in the local area
Competitive selection applies only if Local WDB provides youth services through grants/contracts
As discussed in , a Local WDB may provide directly some or all of the youth activities
Intended to provide flexibility for most efficient and cost- effective services
DOL expects Local WDBs to use providers best positioned to provide services resulting in strong outcomes and encourages Local WDBs to award contracts when they have access to experienced and effective providers.

20. Procurement Continued
If a state chooses to do so, it may set policy requiring Local WDBs to competitively select some or all youth services.
If Local WDBs directly provide youth services and a single entity performs multiple roles (such as fiscal agent, service provider, or One-Stop operator), a written agreement between the Local WDB and Chief Elected Official is required.
Agreement must clarify how they will comply with WIOA and corresponding regulations, relevant OMB circulars, and state’s conflict of interest policy.
Agreement must also clarify expectations on distinct roles and clear methods of tracking execution and accountability for the distinct roles.

21. Program Elements
TEGL contains descriptions of each of the 14 program elements
TEGL clarifies which program element specific services fall under when there is overlap across program elements.
TEGL provides a table displaying applicable final rule citations and PIRL data elements for each program element

22. Program Elements
Local programs must make all 14 program elements available to youth
Local programs determine which elements a youth receives based on the assessment and ISS
A program doesn’t need to provide every service to each participant
Local programs should partner with entities that can provide program elements at no cost

23. Program Element 1
1) Tutoring, study skills training, instruction and evidence-based dropout prevention and recovery strategies that lead to completion of the requirements for a secondary school diploma or its recognized or for a recognized postsecondary credential.
Focused on in-school services relating to attainment of a high school diploma. Includes:
Tutoring, study skills training, and instruction that lead to a high school diploma
Secondary school dropout prevention services intended to lead to a high school diploma
Does not include dropout recovery strategies that lead to completion of high school equivalency – those are included in program element 2
Does not include training services leading to a postsecondary credential – those are included in program element 4 (occupational skills training)

24. Program Element 2
2) Alternative secondary school services or dropout recovery services
Focused on services outside the traditional school setting for those who have struggled in the traditional school setting and for those who have dropped out of school. Can include:
Basic education skills training
Individualized academic instruction
English as a second language training
Credit recovery
Services that lead to completion of a high school equivalency

25. Program Element 3 3) Paid and unpaid work experience including:
Summer employment opportunities and other employment opportunities throughout the year
Pre-apprenticeship programs
Internships and job shadowing
On-the-job training opportunities
WIOA requires a minimum of 20% of local area youth funds to be expended on work experience
Local area administrative funds not subject to 20% requirement
Leveraged resources cannot count toward the 20%

26. Program Element 3 – What Counts Toward Work Experience Expenditures
Allowable work experience expenditures that count toward the 20% requirement include:
Wages/stipends paid for participation in work experience;
Staff time working to identify and develop a work experience opportunity (including staff time spent working with employers);
Staff time working with employers to ensure a successful work experience, including staff time spent managing the work experience;
Staff time spent evaluating the work experience;
Participant work experience orientation sessions;
Employer work experience orientation sessions;
Classroom training or the required academic education component directly related to the work experience;
Incentive payments directly tied to the completion of work experience; and
Employability skills/job readiness training to prepare youth for a work experience.
Supportive services are a separate program element and cannot be counted toward the 20% requirement even if they assist youth in participating in a work experience

27. Work Experience – Academic and Occupational Education Component
Work experiences must include academic and occupational education
This educational component may occur concurrently or sequentially and can take place at the work site or outside of the work site
Can be provided by employer or separately in the classroom or through other means – flexibility
Educational component refers to contextual learning including necessary information to understand and work in specific industries/occupations
Local programs have flexibility to determine appropriate types of academic and occupational education necessary for a specific work experience

28. Categories of Work Experience
TEGL further clarifies job shadowing
Job shadowing is a temporary, unpaid exposure to the workplace in an occupational area of interest to the youth participant
Pre-apprenticeship is defined in of the final rule
As discussed in final rule, includes partnership with one or more registered apprenticeship programs
Note that on-the-job training is a type of work experience in WIOA youth, whereas it is considered a training service in the WIOA adult program

29. Program Element 4
4) Occupational skills training, which includes priority consideration for training programs that lead to recognized postsecondary credentials that align with in-demand industry sectors or occupations in the local area
ITAs are permitted for OSY using WIOA youth funds when appropriate
To receive funds from an ITA the training provider must be on the Eligible Training Provider List
ITAs are not permitted for ISY; ISY ages 18 to 21 could co-enroll in the adult program to receive training through an ITA funded with adult funds

30. Program Element 5
5) Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster
This program element reflects an integrated education and training (IET) model where basic skills and occupational training are taught within the same time frame and connected to a specific occupation
This program element refers to the concurrent delivery of basic skills, workforce preparation, and occupational skills training
These 3 components all fit under different WIOA youth program elements and are only counted here if they occur concurrently as part of an IET model

31. Program Elements Continued
Program Element 6: Leadership development defined at of final rule
Program Element 7: Supportive services defined at of final rule
Program Element 8: Adult mentoring defined at of final rule
TEGL clarifies that while DOL strongly prefers case managers not serve as mentors, case managers are permitted to serve as mentors in areas where adult mentors are sparse

32. Program Element 9 – Follow-Up Services Timing
9) Follow-up services for not less than 12 months after the completion of participation (defined at of final rule)
Follow-up services may begin immediately following the last expected date of service when no future services are scheduled (i.e., expected exit date)
Follow-up services do not cause exit date to change or trigger re-enrollment
12 month follow-up is completed upon 1 year from date of exit

33. Follow-Up Services Continued
5 program elements are permitted as follow-up services during the follow-up period:
Supportive services
Adult mentoring
Financial literacy education
Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services
Activities that help youth prepare for and transition to postsecondary education and training
Program elements beyond those 5 are not permitted during the follow-up period and to provide such services the youth must be re-enrolled and a new eligibility determination completed

34. Follow-Up Services Continued
All participants must be offered an opportunity to receive follow-up services
Follow-up services must be provided to all participants for a minimum of 12 months unless the participant declines to receive follow-up or they cannot be located or contacted
Local programs should have policies in place to establish how to document and record when a participant cannot be located or contacted
Youth must be informed of follow-up services opportunity at time of enrollment
Youth may opt out of receiving follow-up at any point during the program or during follow-up – opt out should be documented in case file

35. Program Elements Continued
Program Element 10: comprehensive guidance and counseling defined at of the final rule
Program Element 11: Financial literacy education defined at of the final rule
TEGL provides link to Financial Literacy Education Commission guide
Program Element 12: Entrepreneurial skills training defined at of the final rule

36. Program Element 13
13) Services that provide labor market and employment information about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services
Wagner-Peyser regulation provides additional information about labor market information
Numerous tools and applications provide labor market information, many relevant to youth
My Next Move -
Get My Future -
TEGL further elaborates on career awareness and career counseling

37. Program Element 14
14) Activities that help youth prepare for and transition to postsecondary education and training
Services in this program element prepare youth for advancement to postsecondary education or training after attaining a high school diploma/equivalent.
These services may include:
Exploring postsecondary education/training options
Assisting youth to prepare for SAT/ACT testing
Assisting with college applications
Searching and applying for scholarships and grants
Assistance with financial aid applications

38. New Program Elements Resource Page
Find these at:
youth.workforcegps.org/

39. Documenting and Reporting Program Elements
Documenting receipt of program elements is critical – both for data element validation and to ensure youth are not unintentionally exited due to 90 days of no service
Case management is not one of the 14 program elements – it is the act of connecting youth to appropriate services

40. TEGL 23-14: “Workforce Innovation and Opportunity Act (WIOA) Youth Program Transition”
TEGL 08-15: “Second Title 1 WIOA Youth Program Transition Guidance”
TEGL 10-16: “Performance Accountability Guidance for Workforce Innovation and Opportunity Act (WIOA) Title I, Title II, Title III and Title IV Core Programs”
TEGL 21-16: “Third WIOA Title I Youth Formula Program Guidance”

41. Technical Assistance Resources https://youth.workforcegps.org/
Youth Case Management Toolkit – this toolkit is designed to develop the knowledge, skills, and aptitudes youth need to succeed in their career pathways and gain self-sufficiency.
Recipes for Success: A Youth Committee Guide under WIOA – this guide is designed to aid with transforming the potential of Youth Committees into measurable results.
WIOA Youth Program Reference Tool – this reference tool is designed to inform readers of the statutory and regulatory guidelines for operational implementation of the WIOA youth program.
WIOA Youth Program Eligibility Page – the page includes a fact sheet, an introductory webcast, and interactive tutorials on the eligibility requirements for the youth program.
WIOA Youth Program Element Resources – this series of resource pages provides access to information and tools to help in developing and implementing the 14 program elements for the WIOA youth program.

42. If you have additional questions, email: DOL.WIOA@dol.gov