Agency for Workforce Innovation

AWI PROGRAMS

 

Workforce Investment Act

Quick Questions About Key Elements Of The Workforce Investment Act

 

The Basics

What is a One-Stop Center?

Each local area is to establish a one-stop delivery system through which core employment-related services are provided and access is provided to other employment and training services. The access to services must be provided through at least one physical one-stop center in each local area, which may be supplemented by networks of affiliated sites. The programs providing services through the one-stop system are referred to as one-stop partners. 

The local board, with the agreement of the local elected official, develops and enters into a memorandum of understanding with one-stop partners. The board also designates one-stop service center operators and conducts oversight of the partners and centers. "Designated" one-stop partners are programs that must provide core services through the one-stop, and include programs authorized under:

  • Title I of the Workforce Investment Act; 
  • The Wagner-Peyser Act; 
  • The Adult Education and Literacy title of this Act; 
  • The Vocational Rehabilitation Act; 
  • The Welfare-to-Work grants; 
  • Title V of the Older Americans Act; 
  • Postsecondary vocational education under the Perkins Act; 
  • Trade Adjustment Assistance; 
  • Veterans employment services under chapter 41 of title 38, U.S.C.; 
  • Unemployment compensation laws; 
  • Community Service Block Grants; 
  • Employment and training activities carried out by the Department of Housing and Urban Development
  • Additional programs also may be partners in the one-stop center with the approval of the local board and local elected official. 

The partners and local boards, subject to the approval of the chief elected official, enter into a written memorandum of understanding describing the services to be provided, how the costs of the services and operating costs of the system will be funded, methods for referral of individuals between the one-stop operators and partners for appropriate services and activities, and other matters deemed appropriate.

The local board, with the agreement of the chief elected official, selects the operator of a one-stop center through a competitive process. The board may also designate a consortium of not less than three one-stop partners to operate a center. The operators may be a public or private entity, or a consortium of such entities, which may include post-secondary educational institutions; the Employment Service authorized under the Wagner-Peyser Act, private for-profit or non-profit entities, government agencies, one-stop partners, or other organizations. In addition, the bill contains a grandfathering provision that allows the Governor, local elected official, and local board to continue to designate any one-stop operator that was designated as an operator under a one-stop system established prior to the enactment of this title.

What is the Workforce Investment Act (WIA)?

The Workforce Investment Act of 1998 rewrote federal statutes governing programs of job training, adult education and literacy and vocational rehabilitation. The Act was signed by the President in August of 1998 and was the first major reform in the nation's job training programs in fifteen years. 

In addition to replacing the Job Training Partnership Act (JTPA), it mandates the use of One-Stop Operating Systems. The Act is designed to streamline services, eliminate duplication of services and empower individuals to obtain the services and the skills they want and need. More flexibility for the Local Workforce Development Boards to operate programs, along with more accountability for their programs, is an essential part of the Act. 

The goals of the WIA are to improve the quality of the workforce, enhance the productivity and competitiveness of the nation and to reduce welfare dependency.

States were given the option to implement WIA early or wait until the mandatory date of July 2000. Florida opted to implement early and started on July 1, 1999. Florida Leaders had already addressed many of the same goals outlined in the Workforce Investment Act with the implementation of the Workforce Florida Act.

Who is eligible to receive services under the WIA program?

There are three categories of individuals addressed in Title I of the Workforce Investment Act, Adults, Dislocated Workers and Youth.

Adults are any individuals over 18 years of age who may not fit the criteria for other categories.

Dislocated workers are individuals who become unemployed and are eligible to receive Unemployment Compensation or have established an attachment to the labor market. Also included in the Dislocated Worker category are displaced homemakers.

Individuals who are employed but need services to obtain or retain employment, which leads to self-sufficiency, as defined locally, may be eligible for assistance as an Adult or Dislocated Worker.

Youth services participants are individuals from 14 years to 21 years of age, who are low income and face one or more of the specified barriers. Youth who fall between the ages of 18 and 21 years may receive services as a youth or adult or both at the same time.


 

Services

What are the three levels of service?

The WIA is based on a three-tier approach to the provision of employment and training services. An individual participating in the WIA program will receive services in the following order:

Core Services - At a minimum, an individual must receive at least one core service such as an initial assessment or job search and placement assistance before receiving intensive services.

Intensive Services - At a minimum, a person must receive at least one intensive service such as development of an individual employment plan with a case manager or individual counseling and career planning, before receiving a training service.

Training Services - There is not a federally required minimum time period for participation in intensive services before receiving Training services. Training may be made available to employed and unemployed adults and dislocated workers who:

  • Have received at least one Intensive service and have been determined unable to obtain or retain employment through such services;
  • After an interview, evaluation or assessment and case management, have been determined by a One-Stop operator or One-Stop partner, to be in need of training services and to have the skills and qualifications to successfully complete the selected training program;
  • Select a program of training services that is directly linked to the employment opportunities either in the local area or in another area to which the individual is willing to relocate.

 

What services are available in Core Services?

There are two levels of core services, unassisted and assisted, available through the one-stop system to eligible individuals who are adults or dislocated workers. 

 

Unassisted Core Services

Core services that are generally low-cost, self-service and consist primarily of providing information are unassisted core services and do not require registration (performance measurement). It is recommended that the RWBs track unassisted core services for "head count" purposes via the existing ODDS information system. RWBs also have the option of using data tracking systems they have designed if preferred. 

The following core services are general, unassisted services and if provided as a stand-alone service, do not require an individual to be registered and therefore subsequently followed-up for performance measurement purposes:

  • Outreach, intake (which may include worker profiling), orientation to the services available through the One-Stop system;
     
  • Initial assessment of skill levels, aptitudes, abilities, and supportive services needs;
     
  • Job search and placement assistance individually or in groups through the Job Information Service (JIS), the Professional Placement Network (PPN), computerized file search, and where appropriate, career counseling;
     
  • Provision of employment statistics information, including accurate information relating to local, regional and national labor market areas such as job vacancy listings in such labor market areas, information on the job skills necessary to obtain the jobs, information relating to local occupations in demand and the earnings and skill requirements for such occupation; 
     
  • Provision of performance information and program cost information on eligible providers of training services;
     
  • Provision of information regarding how the local area is performing on the local performance measures and any additional performance information with respect to the One-Stop delivery system in the local area;
     
  • Provision of accurate information relating to the availability of supportive services including child care and transportation, available in the local are and referral to such services as needed;
     
  • Provision of information regarding filing claims for unemployment compensation;
     
  • Assistance in establishing Welfare-to-Work eligibility and other non-WIA training and education;
     
  • Resource room usage, Internet browsing, Internet accounts;
     
  • "How to" group sessions (e.g. writing a resume);
     
  • Job referrals (informational, e.g., job scouts,  referrals in non-exclusive hiring arrangements, short -term or seasonal placements); and
     
  • Talent referrals (informational, e.g., talent scouts,  referrals of resumes without further screening).
Assisted Core Services

An assisted core service is individualized help that goes beyond general information or self-service and are to be entered into the Management Information System (MIS). 

The following is a list of assisted core services. At this time all assisted core services should be data entered into the current MIS system with the MIS Activity Code #02. New WIA codes have been established for assisted core, training and intensive services. 

  • Individual job development;
     
  • Job clubs;
     
  • Screened/assisted referrals (testing and background checks done before referral or when operating as the employers agent in order to fill job orders); 
     
  • Follow-up services, including counseling regarding the workplace, for participants in WIA activities who are placed in unsubsidized employment for not less than 12 months after the first day of employment as appropriate; and
     
  • Adult and dislocated worker eligibility determination under WIA prior to referral to intensive services (included as assisted core rather than unassisted in order to work within the existing MIS system).


What services are available in Intensive Services?

Adults and dislocated workers who are unemployed or under employed and who have not obtained employment through core services, may be referred to intensive services for additional placement services. When intensive services are received, a participant is considered registered in WIA and will be followed-up for performance measurement purposes. The participant receiving intensive and training services will figure into a RWDB's performance calculation. The following are intensive services (WIA section 134(d)(3)(C), and Consultation Paper on Performance Accountability Measurement for the WI System under Title I of the WIA, II, B, and Table 1.):

  • Comprehensive, specialized objective assessment of the skill levels and service needs of adults and dislocated workers which may include: 
  • Diagnostic testing and use of other assessment tools; and
  • In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
  • Development of an individual employment plan 
  • Group counseling 
  • Individual counseling and career planning 
  • Case management;
  • Short-term prevocational services including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct and
  • Stand-alone adult education and literacy training 

 

What services are available in Training?

Adult and dislocated workers who do not obtain employment following intensive services may be referred to training in order for these individuals to secure employment. The training must be directly linked to occupations in demand in the area or another area if the individual is willing to relocate. A WIA Status Change will be completed and key entered in the MIS to enroll these individuals into training. 

The following are examples of allowable training: 

  • Occupational skills training including training for nontraditional employment 
  • On-the-job training 
  • Programs that combine workplace training with related instruction, which may include cooperative education programs 
  • Private sector training programs 
  • Skill upgrading and retraining 
  • Entrepreneurial training 
  • Job readiness training 
  • Adult education and literacy activities provided in combination with training 
  • Customized training 

(Reference: WIA section 134(d)(4)(D) and Consultation Paper on Performance Accountability Measurement for the WI System under Title I of the WIA, II, B 
and Table 1.) :

 

Where do youth participants fit in? 

Youth programs include an objective assessment of each youth's skill levels and service needs, a service strategy, preparation for postsecondary educational opportunities or unsubsidized employment (as appropriate). They also demonstrate strong linkages between academic and occupational learning and effective connections to intermediaries with strong links to the job market and employers. 

The other required elements of youth programs include: 

  • tutoring, study skills training and instruction leading to completion of secondary school, including dropout prevention;
  • alternative school services; 
  • adult mentoring; 
  • paid and unpaid work experiences, including internships and job shadowing; 
  • occupational skills training; 
  • leadership development opportunities; 
  • supportive services; 
  • follow-up services for not less than 12 months as appropriate; and 
  • comprehensive guidance and counseling. 

In addition, each program must provide summer employment opportunities that are directly linked to academic and occupational learning, but unlike JTPA law, no separate appropriation is authorized for the summer jobs program. 



Eligibility Criteria

What are the criteria for Adult Programs?

To be eligible for Adult Programs under the Workforce Investment Act, an individual must be 18 years or older. In areas where funding is limited, priority of services for intensive services and training should be given to low income adults and public assistance recipients. The Regional Workforce Board will outline in its local plan if funding is limited and if priority of service will be given to those individuals. Core services are available to everyone regardless of funding limitations.

All participants must receive at least one core service and be unable to obtain employment before being referred on to intensive services. Furthermore, an individual must receive an intensive service and be unable to obtain employment before a referral to training. The WIA does not designate time periods that an individual must remain in core services or intensive services before moving on to the next available level of service.

Individuals between 18 years of age and 21 years may be served as an Adult or under Youth Programs or both.


What are the criteria for Dislocated Workers Programs, including Displaced Homemakers?

Dislocated workers are eligible for services through an one-stop center. To be eligible for service under the Dislocated Worker Program an individual is:

  • Terminated/laid off or notified of lay off;
  • Eligible for or has exhausted Unemployment Compensation Benefits or has worked long enough to establish an attachment to the Labor Market
    AND
  • Unlikely to return to his previous occupation or job.

Also, individuals who are laid off due to:

  • Plant closures or substantial layoffs at a plant or facility
  • Being employed at a facility at which the employer has made a general announcement that that facility will close in 180 Days. In cases where there has been a general announcement of a plant closure, individuals may receive Core Services only.

Also included as Dislocated Workers are Self-Employed individuals, Farmers, Ranchers, and Fishermen who are unemployed due to economic conditions or a natural disaster. 

Displaced Homemakers who have been dependent on the income of another family member and are no longer receiving that support and who are unemployed or under employed and having difficulty in obtaining work or upgrading employment will be eligible for services provided through the Dislocated Worker Program.

What are the criteria for Youth?

Youth must be ages 14- 21, low income, and meet at least 1 of the 6 specified barriers to employment (see below). There is a 5 percent window for non-low-income youth if they experience one or more specified barriers to school completion or employment. In addition, at least 30% of funds must be expended on out-of-school youth. 

Barriers for youth are:

  • Deficient in basic literacy skills
  • A school drop-out
  • Homeless, runaway or a foster child
  • Pregnant or parenting teen
  • An offender
  • An individual who requires additional assistance to complete an educational program, or secure and hold employment.

Regional Workforce Boards will define the last barrier in their plans.

Barriers for 5 percent who are not low-income are:

  • Individuals who are school dropouts.
  • Individuals who are basic skills deficient.
  • Individuals with educational attainment that is one or more grade levels below the grade level appropriate to the age of the individuals.
  • Individuals who are pregnant or parenting.
  • Individuals with disabilities, including learning disabilities.
  • Individuals who are homeless or runaway youth.
  • Individuals who are offenders.
  • Other eligible youth who face serious barriers to employment as identified by the local board.



 

Registration

What paperwork must be completed?

The MIS 1 and 2 must be completed either by paper or electronically for State tracking purposes. The JT screens have been modified to capture assisted core services more accurately. Currently, a MIS Status Change is needed to enroll these individuals into intensive services.

 

What types of documentation are needed?

The types of documentation needed for the WIA programs are the same types that have been used in the past for the JTPA programs. Regional Workforce Boards will set their own guidelines for types of documentation necessary.

 

Where and when must an individual register? 

Individuals will be able to register for services at one-stop centers, satellite offices or with service providers in the area where they live.

Each WIA subrecipient is required to collect and maintain records on WIA eligible individuals. Under WIA, reporting requirements vary by intensity of service, funding source and funding availability. Registration is not required for individuals receiving only self-service/informational (core) services. According to the WIA; Interim Final Rule, Part 663: 

"Individuals who are primarily seeking information and do not seek direct, one-on-one staff assistance, do not need to be registered. However when an individual seeks more than minimal assistance from staff in taking the next steps toward self-sufficient employment, then eligibility must be determined. Registration is the point at which information that is used in performance measurement begins to be collected." 

It is recommended that the RWBs track unassisted core services for "head count" purposes via the existing ODDS information system. RWBs also have the option of using data tracking systems they have designed if preferred. Tracking of unassisted core services is optional at this time but RWBs should keep in mind that Federal-reporting requirements might remove this flexibility at some later date.

Data on individuals receiving assisted core services, intensive and training, individualized help that goes beyond general information or self-service, are to be entered into the Management Information System (MIS). This information will be tracked for the purposes of providing data for State and Federal reports. 


 

Individual Training Accounts

What are individual training accounts?

The bill requires (with three exceptions) that training be provided through the use of Individual Training Accounts (ITAs), through which a participant chooses among eligible providers. Specifically, the one-stop system provides participants with the list of eligible providers and related performance information. The participant then chooses the program that best meets his/her needs, with payment arranged through the ITAs. Training may be provided through a contract for services in lieu of an ITA for: on-the-job training and customized training; where there are an insufficient number of providers to meet the competitive purposes of ITAs.  Contracted training may also be provided for programs offered by community-based organizations or other private agencies that serve special participant populations that face multiple barriers to employment.

 

Who may use them?

Individual Training Accounts are for Adult and Dislocated Worker programs. Youth who are between 18 years and 21 years of age and are being provided services in an Adult Program may use ITAs


 

Eligible Training Providers

Eligible training providers 

The bill establishes requirements that a provider of a training program must meet in order to be eligible to receive adult or dislocated worker funds under this title. There are two sets of requirements -- the first set relates to a provider initially becoming eligible and the second set relates to a provider maintaining subsequent eligibility. 

After filing an appropriate application with the local board, automatic eligibility to receive funds with respect to requirements for initial eligibility are training providers who are postsecondary education institutions. These are institutions who are certified under the Higher Education Act and provide programs leading to a two or four-year degree or certificate, or are entities who carry out apprenticeship programs registered under the National Apprenticeship Act. 

Providers of programs not meeting either of those two conditions must satisfy alternative procedures that are established by the Governor for initial eligibility. That procedure is to include appropriate levels of performance if the provider previously provided training services and other appropriate criteria. Subsequent to the initial eligibility period, which will generally not exceed one year, all providers (including those that were automatically eligible) must meet performance criteria established by the Governor to maintain eligibility. 

The performance criteria are to include levels of performance for all individuals participating in the provider's program relating to: 

  • the rate of completion
  • the percentage of all such individuals who obtain unsubsidized employment (which also may include the percentage of those who obtained such employment in occupations related to the program)
  • the wages at placement of such individuals. 

The criteria also are to include levels of performance relating only to participants receiving assistance under this title who participated in the provider's program. 

These criteria include: 

  • the percentage of those participants who completed the program and obtained unsubsidized employment
  • the retention rate in such employment and the wage rate of those participants who completed the applicable program 6 months after employment
  • the rates of licensure or certification as appropriate of those who completed. 

Each provider also must submit information relating to the costs of the program. The local board may modify the performance criteria for programs of providers in the local area by increasing the levels of performance above the minimum levels established by the Governor. 

The performance information for each eligible program of a provider relating to these criteria are to be provided annually to the local board. Governors or local boards may require providers to submit other additional program-specific information, and if such requests impose extraordinary costs on providers, the governor or local board shall provide access to cost effective methods of collecting the information or the Governor shall provide additional resources to help collect such information. The local board or Governor also may accept performance information consistent with the requirements of the Higher Education Act to fulfill these requirements. On-the-job training (OJT) and customized training are not subject to these requirements; however, the Governor may require these providers to provide performance information to the one-stop operator and may establish performance criteria relating to such providers.


May participants select any listed training provider?

A participant may select any eligible program in the state if all other criteria relating to eligibility for training services are met. States may enter into reciprocal agreements to allow eligible providers of training in one state to accept Individual Training Accounts provided in another state. 

 

 



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