1. The Workforce Innovation and Opportunity Act (WIOA) and YouthBuild
Department of Labor

3. Moderator
Toni Wilson
Workforce Analyst
U.S. Department of Labor

4. 2:05 | Changes to YouthBuild under WIOA
2:30 | WIOA Final Rule Implications for YouthBuild
2:55 | WIOA Performance Indicators
3:05 | Upcoming Training/Guidance and Discussion of TA Needs
3:20 | Q&A and Wrap-up

5. Objective #1: Understanding Big Picture Overview of WIOA Impacts with Discussion of FAQs
Objective #2: Overview and Planning for Performance Management and Upcoming Guidance
Objective #3: Resources and Trainings for WIOA relevant to YouthBuild

6. Question: How Familiar Are You With WIOA?
Which of these is true under WIOA? (select all that apply)
YouthBuild Admin Cost Limit is 15%
YouthBuild programs are required One-Stop Partners
WIOA requires four performance indicators
YouthBuild eligibility includes high school dropouts and those who dropped out and then reenrolled
None of the above

7. Jenn Smith National YouthBuild Director U.S. Department of Labor

8. Workforce Innovation and Opportunity Act of 2014 (WIOA)
President Barack Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law on July 22, WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. Congress passed the Act by a wide bipartisan majority; it is the first legislative reform in 15 years of the public workforce system.
WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973

9. WIOA Focus
WIOA seeks to deliver a broad array of integrated services to individuals seeking jobs and skills training, as well as employers seeking skilled workers by improving the workforce system, more closely aligning it with regional economies and strengthening the network of about 2,500 One-Stop centers.
Customers must have access to a seamless system of high-quality services through coordination of programs, services and governance structures. The Act builds closer ties among key workforce partners —business leaders, workforce boards, labor unions, community colleges, non-profit organizations, youth-serving organizations, and State and local officials — in striving for a more job-driven approach to training and skills development.

10. WIOA'S Three Hallmarks of Excellence
The needs of businesses and workers drive workforce solutions and local boards are accountable to communities in which they are located
One-Stop Centers (or American Job Centers) provide excellent customer service to jobseekers and employers and focus on continuous improvement
The workforce system supports strong regional economies and plays an active role in community and workforce development

11. WIOA Changes to YouthBuild
YouthBuild eligibility has been modified to remove the sequential service strategy provision
Instead, the eligibility has been expanded to include not just a school dropout, but also, any individual who was a school dropout and has subsequently reenrolled

12. Eligibility under WIOA
Participants are eligible for YouthBuild if they are:
not less than age 16 and not more than age 24, on the date of enrollment;
a member of a low-income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of incarcerated parents, or a migrant youth; and
a school dropout, or an individual who was a school dropout and has subsequently reenrolled.

13. Exceptions to Eligibility under WIOA
Exception for Individuals Not Meeting Income or Educational Need Requirements
Not more than 25 percent of the participants in YouthBuild may be individuals who do not meet the eligibility requirements but who:
are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or
have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma.

14. Questions from the field on eligibility
Q1: Does re-enrollment mean into a secondary school?
Q2: How does WIOA define YouthBuild in terms of school status?

15. Subsequent Reenrollment
The law was not specific as to location of reenrollment.
In Final Rule, DOL did not address the venue for reenrollment.
However, in effect, youth recruited after re-enrollment will generally be those in alternative education/ABE programs.
Youth generally cannot be “co-enrolled” in secondary school and YouthBuild so youth would have to drop out of secondary school to enroll.

16. Eligibility Across YouthBuild and Youth Formula programs
YouthBuild participants and co-enrollment with WIOA youth formula programs:
For purposes of WIOA, the Department does not consider YouthBuild programs to be schools. Therefore, with one exception, WIOA youth programs may consider a YouthBuild participant to be an OSY for purposes of WIOA youth program eligibility. YouthBuild participants enrolled in YouthBuild programs whose education component is funded by the public K-12 school system who are classified by the school system as still enrolled in school are an exception; they are considered In-School Youth (ISY). Please keep in mind, the applicable State law for secondary and postsecondary institutions generally defines “school.”
For the WIOA youth formula program, there are three eligibility conditions that must be met. The first is the determination of whether the youth is ISY or OSY, as described above. For youth who are determined to be OSY, the second condition is the age criterion. An OSY WIOA youth formula participant must be not younger than 16 or older than age 24 at time of enrollment.

17. Eligibility Across YouthBuild and Youth Formula programs
Conditions for OSY is that the youth must meet one or more of the following:
A school dropout (NOTE: At least 75% of YouthBuild participants fall into this category);
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. School year calendar quarter is based on how a local school district defines its school year quarters;
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 (this is one of two exceptions allowable for up to 25% of a YouthBuild program’s enrollments);
An individual who is subject to the juvenile or adult justice system;
A homeless individual, a runaway, an individual who is in foster care or has aged out of the foster care system (see Section of the WIOA DOL Only Final Rule);
An individual who is pregnant or parenting;
An individual with a disability;
A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment (See Section of the WIOA DOL Only Final Rule).

18. Eligibility Across YouthBuild and Youth Formula programs
For youth who are determined to be ISY, there are four conditions of eligibility:
Attending school (as defined by State law), including secondary and postsecondary school.
Not younger than age 14 or older than age 21 (unless an individual with a disability who is attending school under State law) at time of enrollment.
A low-income individual.
One or more of the following:
(a) Basic skills deficient;
(b) An English language learner;
(c) An offender;
(d) A homeless individual, a homeless child or youth, a runaway, in foster care or has aged out of the foster care system (see Section of the WIOA DOL Only Final Rule);
(e) An individual who is pregnant or parenting;
(f) An individual with a disability;
(g) An individual who requires additional assistance to complete an educational program or to secure or hold employment (see Section of the WIOA DOL Only Final Rule).

19. Additional WIOA Changes to YouthBuild
WIOA adds a fifth key element to YouthBuild:
A continued focus on green energy by codifying an existing YouthBuild program goal: “To improve the quality and energy efficiency of community and other non-profit and public facilities, including those that are used to serve homeless and low-income families.”

20. Additional WIOA Changes to YouthBuild
An increase in the maximum percentage of funds that may be used for supervision and training of participants on the rehabilitation of community and other public use facilities from 10 percent to 15 percent.
The reduction of the allowable administrative cost ceiling from 15 percent to 10 percent; and the addition of allowable activities for training in other in-demand occupations, as approved by the Secretary.

21. Additional WIOA Changes to YouthBuild
Makes YouthBuild a required One-Stop partner
Encourages collaboration across all youth-serving programs, including Job Corps and the youth formula activities.
Codifies Construction Plus as an approved category of training.
Includes requirement for six new WIOA performance measures.

22. WIOA DOL Only Final Rule:
What impacts YouthBuild

23. New and Revised Definitions
Applicant
Adjusted Income
Basic Skills Deficient
Construction Plus
Exit
In-Demand Industry Sector or Occupation
Individual with a Disability
Offender
Pre-apprenticeship
Qualified National Nonprofit Agency
Recognized Post-secondary Credential
School Dropout
Secondary School
Supportive Services
YouthBuild Program
Youth in Foster Care

24. Definition of Supportive Services
Services that enable an individual to participate in WIOA activities. These services include, but are not limited to, the following:
Linkages to community services
Assistance with transportation
Assistance with child care and dependent care
Referrals to child support
Assistance with housing
Needs-related payments

25. Definition of Supportive Services, con’t.
Assistance with educational testing
Reasonable accommodations for youth with disabilities
Referrals to health care
Assistance with uniforms or other appropriate work attire and work-related tools, including such items as eyeglasses and protective eye gear
Assistance with books, fees, school supplies, and other necessary items for students enrolled in postsecondary education classes
Payments and fees for employment and training-related applications, tests, and certifications

26. Clarifications Around WIOA and What Doesn’t Impact YouthBuild
The Youth Formula Activities have a new requirement under WIOA that they must spend at least 75% of available funds on out-of-school youth. This requirement does not impact YouthBuild, which predominantly serves out-of-school youth already.
However, YouthBuild programs should be aware of the Youth Formula Activities definition of out-of-school youth and where that may or may not align with the YouthBuild definition of a participant as someone who is, or has been, a drop-out.
Importantly, the Youth Formula Activities focus on OSY revises the age of youth eligible for these services to 16-24, which now perfectly aligns with the YouthBuild eligible age range.
Additionally, some of the sources of documentation for eligibility for Youth Formula differ from those allowable for YouthBuild. YouthBuild eligibility is defined in sec. 171 of WIOA.

27. WIOA Final Rule Clarifications
Signifies YouthBuild as a pre-apprenticeship pathway program for Registered Apprenticeship. The Final Rule defines pre-apprenticeship.

28. Definition of Pre-Apprenticeship
Pre-apprenticeship, as defined in § of this chapter, means a program designed to prepare individuals to enter and succeed in an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat.664, chapter 663; 29 U.S.C. 50 et seq.)(referred to in this part as a “registered apprenticeship” or “registered apprenticeship program”) and includes the following elements:

29. Definition of Pre-Apprenticeship, con’t.
Training and curriculum that aligns with the skill needs of employers in the economy of the State or region involved;
Access to educational and career counseling and other supportive services, directly or indirectly;
Hands-on, meaningful learning activities that are connected to education and training activities, such as exploring career options, and understanding how the skills acquired through coursework can be applied toward a future career;
Opportunities to attain at least one industry-recognized credential; and
A partnership with one or more registered apprenticeship programs that assists in placing individuals who complete the pre-apprenticeship program in a registered apprenticeship program.
YouthBuild programs that receive funding under this part are considered pre-apprenticeship programs under this definition.

30. One-Stop System Partner Requirements
Each required partner must:
(a) Provide access to its programs or activities through the one-stop delivery system, in addition to any other appropriate locations;
(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. This includes jointly funding the one-stop infrastructure through partner contributions that are based upon:
A reasonable cost allocation methodology by which infrastructure costs are charged to each partner based on proportionate use and relative benefit received;
Federal cost principles; and
Any local administrative cost requirements in the Federal law authorizing the partner’s program. (This is further described in § )

31. One-Stop System Partner Requirements
(c) Enter into an MOU with the Local WDB relating to the operation of the one-stop delivery system that meets the requirements of § (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.
YouthBuild is required by sec. 121(b)(1)(A)(ii) of WIOA to contribute to the infrastructure costs of any one- 348 stop center in which it participates, based on proportionate use and relative benefit received.

32. WIOA Performance Indicators
….and what they mean for YouthBuild

33. WIOA Performance Measures
The percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program;
The percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program;
The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;

34. WIOA Performance Measures
The percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from the program; program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting this criterion only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment or are in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program;

35. WIOA Performance Measures
The percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and
1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers.

36. WIOA Performance Reporting
The Participant Individual Record Layout (PIRL) is now approved by OMB and can be found here, along with information on the technical specifications for how the performance indicators will be calculated:
TEN 08-16, “Implementation of an Integrated Performance Reporting System for Multiple Employment and Training Administration (ETA) and Veterans' Employment and Training Service (VETS) Administered Programs” identifies the planned transition for WIOA programs toward WIOA performance reporting:

37. Implementing Performance Reporting
Section 503(b) of WIOA provides for transition provisions for the Secretary of Labor related to workforce investment activities.
Secretary is using that authority related to transitioning YouthBuild to reporting on the new WIOA performance measures.
While the intent is to develop a new case management system to be used by the majority of the discretionary grant programs authorized under WIOA, until that time, a new report is being developed within the existing YouthBuild MIS that will allow the reporting of three of the six WIOA performance measures based on existing data elements already collected in the system:
Placement in employment or education in the second quarter after exit
Placement in employment or education in the fourth quarter after exit
Credential attainment
It is expected that the report will be finalized and in production by the time that the new PY 2016 grant class is required to report on their long-term outcomes.

38. Question What can you begin doing now to plan for program success?
Reach out to your local One-Stop center
Survey area employers and RA programs and begin reaching out to develop partnerships
Discuss WIOA requirements and performance indicators with your partners
None of the above
All of the above

39. Ongoing/Upcoming WIOA Training & Guidance
Regularly scheduled WIOA training webinars cover a variety of relevant topics – you can see which events are coming and register for them here:
Upcoming TEGLs:
WIOA Performance Indicators
One-Stop Infrastructure Costs
Davis-Bacon and Related Acts

40. Technical assistance/guidance needs?
What guidance are you most anticipating that hasn’t yet been provided?
What clarity would be most helpful to you at this point, based on what you now know from the Final Rule publication?
What technical assistance would be most helpful for you to best implement the new provisions?

41. Resources
WIOA:
Section 171 – YouthBuild
Section 121 – One-Stop Activities
Section Performance Accountability
WIOA DOL Only Final Rule containing YouthBuild Part 688:
WIOA Joint Final Rule containing Performance Accountability Part 677 One-Stop System Joint Provisions Part 678:
WIOA PIRL, technical specifications for performance indicators and additional information related to performance accountability:
WorkforceGPS ION (Innovation and Opportunity Network) Community of Practice:

43. Jenn Smith National YouthBuild Director
U.S. Department of Labor/ETA/OWI/DYS

44. Toni Wilson Workforce Analyst U.S. Department of Labor/ETA/OWI/DYS