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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. Local Area - Initial Designation
The Governor must approve requests for initial designation
For the first 2 full program years
2015 – 2016
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

14. 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

15. 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

16. Local Boards
Rochelle Daniels, Attorney / Consultant

17. 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

18. 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

19. 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

20. 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

21. 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,

22. 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

23. 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

24. 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

25. 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

26. IN-SCHOOL YOUTH Ref § 129(a)(1)(c)
A youth attending school as defined by State law, and
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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. 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

37. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. 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

45. 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

46. 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

47. 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