Brustein & Manasevit, PLLC © All rights reserved.

Brustein & Manasevit, PLLC © 2016. All rights reserved.
To Accountability…and Beyond!! Brustein & Manasevit Fall Forum 2016 November 30 – December 2, Implementation Issues: Perkins/WIOA/AEFLA Michael Brustein, Esq. Steven Spillan, Esq. Brustein & Manasevit, PLLC © All rights reserved.

Implementation Issues
Section 135 (a) “improve” CTE Three-Year Rule? Student Tutors: Sec. 3(5) Not remedial Transportation & Lodging Only for special pops Use of Funds Mandatory vs. Permissive See Sec. 135 Supplanting Sec. 311(a) Size, Scope, and Quality Sec. 134(b)(6) Completed Local Application Sec. 134 Programs of Study 122(c)(1)(A) Brustein & Manasevit, PLLC © All rights reserved.

Perkins V House passed legislation to reauthorize the law early in September Senate set to mark up draft legislation September 21st, but postponed indefinitely Reportedly over Democrats’ concerns regarding Secretarial authority May or may not see reauthorization in lame duck session – depends on whether two sides can reach compromise Brustein & Manasevit, PLLC © All rights reserved.

Purpose of Act Largely stay the same Academic and technical skills acquisition via CTE programs / programs of study Alignment with high skill, high wage, or high demand occupations in current or emerging professions Dissemination of best practices Give states and locals flexibility Support TA and PD Brustein & Manasevit, PLLC © All rights reserved.

Within State Allocation
Once funds come to the state: Off the top of the entire state allotment states can choose to put funds into corrections Current law cap is one percent This proposal increases cap to two percent 5% or $250,000 state admin (matched) 10% for state leadership 85% to locals Increase from 10% to 15% for reserve fund Brustein & Manasevit, PLLC © All rights reserved.

Reserve Fund Increases cap from 10% to 15% Maintains focus on rural areas, areas with high percentage or numbers of CTE concentrators or participants Shifts focus to: Innovation through the identification and promotion of promising and proven CTE programs, practices and strategies, which may include practices and strategies that prepare individuals for non trad fields OR Promote the development, implementation and adoption of POS or career pathways aligned with the state-identified in- demand occupations or industries Brustein & Manasevit, PLLC © All rights reserved.

State Plan – Plan Submission
Two options: Combined state plan with WIOA Single state plan (current construct) Length of plan changed from six years to four years Brustein & Manasevit, PLLC © All rights reserved.

State Leadership (required)
Adds in a provision about state leadership activities being provided directly or “through grants” Required uses of funds reduced: Current law: 9 required uses House Bill: 7 required uses Key focus areas: CTE POS Development Correctional Facilities / Juvenile Justice Engagement POS Approval Processes Articulation Agreements Professional Development Statewide Partnerships Brustein & Manasevit, PLLC © All rights reserved.

State Leadership (permissive)
Current Law: 17 permissive uses House Bill: 15 permissive uses Brustein & Manasevit, PLLC © All rights reserved.

Local Formulas State still decides secondary and post secondary split State to local formulas – both secondary and post secondary remain the same as current law Brustein & Manasevit, PLLC © All rights reserved.

Local Application Plan period aligned to state plan period (4 years) States still have significant authority over contents of local application Overall dramatically reduces local plan requirements to four pieces: Results of a comprehensive “needs assessment” Information on POS development How they will provide supportive services such as career exploration, info, and guidance Special pops / non-trad support Brustein & Manasevit, PLLC © All rights reserved.

Need Assessment Must do this in order to be eligible for funding Evaluates the following: How students being served perform on indicators How programs being offered are: Sufficient size / scope / quality; aligned to in-demand occupations; designed to meet needs outside of in- demand How they will implement CTE POS How they ensure equitable access to programs How they will support teachers / instructors Similar consultative process to the State’s state plan development Brustein & Manasevit, PLLC © All rights reserved.

Restructuring of Section 135 Local Use of Funds
Develop, coordinate, implement or improve to meet needs assessment Nine mandatory uses reduced to seven 15 permissible uses connected to programs of study Local pooling of funds 5% local administration Brustein & Manasevit, PLLC © All rights reserved.

State Improvement Plans
If a state fails to meet 90% of state adjusted level of performance levels, an improvement plan is initiated If a state fails to meet or make an improvement in meeting any of the state adjusted levels of performance during the first two years of implementation: Shall revise such improvement plan to address the reasons for failure Shall continue to implement such improvement plan until the agency meets at least 90% of the state adjusted level of performance for the same core individuals for which the plan is revised. Brustein & Manasevit, PLLC © All rights reserved.

Local Improvement Plans
Removes state authority to sanction / withhold funds from locals due to performance Failure to meet 90% of target requires local improvement plan Fails to meet any local adjusted levels of performance (90% threshold) during a number of years determined by eligible agency Revise improvement plan for such failure Shall continue to implement the improvement plan until such recipient meets the 90% threshold Brustein & Manasevit, PLLC © All rights reserved.

Secretarial Limitations
Can’t promulgate regulations that would: Add new requirements that are “inconsistent with or outside the scope of this Act” Add new criteria “inconsistent with or outside the scope of this Act” “Be in excess of statutory authority granted to the Secretary” Can’t prescribe: Specific performance indicators, targets, or levels of performance Approaches taken to ensure equitable access Indicators or measures of teacher/faculty education or quality “The role of the Secretary in the identification and dissemination of the State target levels of performance …shall be limited to providing technical assistance” Brustein & Manasevit, PLLC © All rights reserved.

Maintenance of Effort Revise Sec. 311(b): State’s fiscal effort per student, or the aggregate expenditures of such State, with respect to CTE for the preceding fiscal year must not be less than the fiscal effort per student, or the aggregate expenditures of such State, for the second preceding fiscal year. Brustein & Manasevit, PLLC © All rights reserved.

MOE (cont.) States may: Continue to use the amount as was in effect on the day before the date of enactment of the bill; or Establish a new level of fiscal effort. The amount of the new level shall be the State’s fiscal effort for the first full fiscal year following the enactment of such Act Brustein & Manasevit, PLLC © All rights reserved.

MOE (cont.) If State fails to make MOE… ED will reduce the amount of a State’s allotment of funds for any fiscal year in the exact proportion by which the State falls below the State’s fiscal effort (using the measure most favorable to the State) IF The State failed to meet MOE for 1 or more of the 5 immediately preceding fiscal years. Brustein & Manasevit, PLLC © All rights reserved.

Important Dates Signed into Law July 2014 Effective Date: July 1, 2015 Unified/Combined State Plans Due: April 1, 2016 April 16, 2015: Notice of Proposed Rule Making (NPRM) 1/22/16: Final regs must be published Final Regs Posted August 19, 2016. New Accountability Provisions Effective: July 1, 2016 Brustein & Manasevit, PLLC © All rights reserved.

One-Stop Centers Section 121
One comprehensive one-stop center for each local area (Section 121(e)(2)(A)) Local area may also have affiliate one-stop centers (Section 212(e)(2)(B)) Local boards certify one-stop center every three years (Section 121(g)(1)) Brustein & Manasevit, PLLC © All rights reserved.

One-Stop Operators One-Stop Operators Must be competitively selected at least once every 4 years. (WIOA Sec. 121(d); 20 CFR ) States use same process for non-federal procurement Locals must use 2 CFR Part 200 Procurement Rules Brustein & Manasevit, PLLC © All rights reserved.

One-Stop operators Sole Source (20 CFR ) States: when allowed under the same policies and procedures used for competitive procurement with non-federal funds. Local: when consistent with local procurement policies and procedures and the Uniform Guidance. Written documentation must be prepared and maintained concerning the entire process of making such a selection. Must include appropriate conflict of interest policies and procedures. Brustein & Manasevit, PLLC © All rights reserved.

Memorandum of Understanding Section 212(c)
Local boards negotiate MOU with every one-stop partner. MOUs are reviewed every three years. MOUs describe: Services provided Referral methods Funding of shared services and infrastructure costs Brustein & Manasevit, PLLC © All rights reserved.

Infrastructure Costs State option – Section 121(h)(2) Automatic if no agreement under local option Governor will determine amount (no more than 3% for Workforce and Wagner-Peyser programs and 1.5% of total grant amount for most other partner programs) from each partner program Brustein & Manasevit, PLLC © All rights reserved.

State Option: Funding Sources
WIOA Title I Programs: May be paid using program funds, administrative funds, or both. Other One-Stop Partner Programs: Limited to the program’s administrative funds, as appropriate. Adult Education Program: Must be paid from the funds that are available for local administration; and May be paid from funds made available by the State or non-federal resources that are cash, in-kind, or third-party contributions. Perkins: Must be paid from funds available for local administration of postsecondary level programs and activities to eligible recipients or consortia of eligible recipients; and Brustein & Manasevit, PLLC © All rights reserved.

Allowable Costs Adult Education and Literacy Activities include: Adult education Literacy Workplace adult education and literacy Family literacy English language acquisition Integrated English literacy and civics education Workforce preparation activities (NEW) Integrated education and training Section 203(2) Brustein & Manasevit, PLLC © All rights reserved.

Workforce Preparation
Skills necessary to successfully transition to and complete postsecondary education, training, and employment What does this mean for providers? Brustein & Manasevit, PLLC © All rights reserved.

Timing Updates? October 18: OCTAE issued Program Memorandum 17-1 Guidance on the submission of local adult education plans to local WDBs. States may now request an extension of another year (until July 1, 2018) if the local plans of the WDBs are approved so late that adult ed providers are unable to have the local WIBS comment on the application before July 1, 2017. Brustein & Manasevit, PLLC © 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 © All rights reserved.

Brustein & Manasevit, PLLC © All rights reserved.

Similar presentations

Presentation on theme: "Brustein & Manasevit, PLLC © All rights reserved."— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Brustein & Manasevit, PLLC © All rights reserved.

Similar presentations

Presentation on theme: "Brustein & Manasevit, PLLC © All rights reserved."— Presentation transcript:

Similar presentations

About project

Feedback