FAQ New WIOA Workforce Law

Workforce Investment Act

GENERAL QUESTIONS

First off – You have to PASS it to See What’s In IT!  Meaning this law and its services as well as implications are being written and will be written for years to come.

Q. What programs are authorized by WIOA?

WOIA authorizes key employment and training programs and the American Job Center (referred to as One-Stop Center in the law) service delivery system to help workers acquire the tools and skills they need to be successful and to connect employers to the skilled workers they need. WIOA aligns the core programs to provide coordinated, comprehensive services. The core programs are (1) Adult, Dislocated Worker and Youth formula programs administered by DOL; (2) Adult Education and Literacy programs administered by the Department of Education (ED); (3) Wagner-Peyser Employment Service program administered by DOL; and (4) programs under title I of the Rehabilitation Act that provide services to individuals with disabilities administered by the ED. Other programs administered by DOL that are authorized under title I of WIOA include Job Corps, YouthBuild, Indian and Native American programs, Migrant and Seasonal Farmworker programs, and evaluation and multistate projects.

Q. What are key features of the WIOA?

WIOA makes improvements to the public workforce system and its delivery of services to job seekers, workers, and employers. Among the key features of WIOA are  the following:

  • Ensuring that federal core program employment and training services are coordinated by requiring a single, four-year Strategic State Plan for achieving the workforce goals of the state
  • Ensuring that federal investments in employment and training programs are evidence-based, data-driven, and accountable to participants and taxpayers by establishing a common performance accountability system for the core programs and requiring other programs to report on the common performance indicators
  • Streamlining and strengthening the roles of state and local workforce boards by reducing board size and adding functions that include strategies for meeting the needs of job seekers and employers
  • Enhancing services provided to job seekers and employers through the American Job Center system by requiring the co-location of Wagner-Peyser Employment Services; adding the Temporary Assistance for Needy Families as a required partner; providing state-established certification to facilitate high-quality American Job Centers; requiring partners to dedicate funding for infrastructure and other costs; and promoting the development of integrated intake, case management, and reporting systems
  • Fostering regional collaboration by having local areas plan and coordinate service delivery in a region
  • Emphasizing the use of career pathways and sector partnerships to promote employment in in-demand industries and occupations
  • Promoting work-based training by authorizing local areas to provide incumbent worker training and transitional jobs, increasing the reimbursement to employers for on-the-job-training and customized training and increasing linkages with Registered Apprentices
  • Increasing flexibility by authorizing local areas to transfer up to 100 percent funding between Adult and Dislocated Worker
  • Refocusing the youth formula program to serve disconnected youth by requiring a minimum of 75 percent of funds to be used for out-of-school youth compared to 30 percent under WIA

Q. How can I stay abreast of information regarding WIOA implementation, technical assistance, and stakeholder engagement?

Information on WIOA implementation, including links to guidance, technical assistance events and tools, and opportunities to provide input will be posted on the Employment and Training Administration’s WIOA Resource Page at www.doleta.gov/WIOA. Additionally, official ETA guidance on WIOA will be posted on ETA’s advisory Web site, http://wdr.doleta.gov/directives.

Q. How does WIOA streamline programs and services?

WIOA streamlines programs and improves services to job seekers and employers in several ways, including establishing a single State Unified Strategic Plan and a common performance accountability system for core programs. The Act applies common performance measures to other workforce programs authorized under the Act. The Act streamlines state and local boards by reducing their size while expanding their responsibilities to include the alignment of workforce development programs to maximize the effective use of resources. The Act streamlines services by merging the current WIA core and intensive services into a single new category of career services; this clarifies that no sequence of service is required before enrollment in training and makes more comprehensive services readily available.

Q. How does WIOA align with the Vice President’s review of federal job training programs?

The Vice President’s review of federal job training programs highlights key elements that characterize job-driven programs and best practices to make our national training and skills investments more job-driven. WIOA also includes these key elements. The Vice President’s report and WIOA complement one another, and both advance the goals of preparing workers for 21st century jobs and ensuring American businesses will have skilled workers to be competitive in our global economy.

IMPLEMENTATION

Q. When will WIOA take effect?

The majority of WIOA provisions will become effective on July 1, 2015, the first full program year (PY) after enactment. However, the Act includes several provisions that become effective on other dates. For example, the WIA state and local plans remain in effect for PY 2015, and the new State Unified Strategic Plan is to be submitted for PY 2016, which begins July 1, 2016. In addition, the WIA performance accountability section remains in effect for PY 2015, with the WIOA performance accountability provisions taking effect at the beginning PY 2016.

Q. How will ETA handle pending or new requests for such things as plan modifications or waivers before WIOA takes effect?

Regular WIA business matters such as State Plan modifications, reviewing and processing waiver requests, and monitoring visits will be in accordance with existing WIA provisions and established procedures until further notice.

Q. What kind of support will the Department provide to help states and local areas transition to WIOA?

The Department plans to provide a broad range of guidance and training and technical assistance to help states and local areas successfully transition to WIOA. Information on upcoming technical assistance and training opportunities, tools and resources, and opportunities for stakeholder input will be made available at www.doleta.gov/WIOA.

The Act authorizes the states, grant recipients, administrative entities and other recipients of financial assistance under WIA to spend funds received under WIA to plan and implement programs and activities under WIOA. States can spend no more than 2 percent of any state allotment for FY 2014 for transition activities, and of that amount, not less than 50 percent is to be made available to local entities for those activities.

Q. Will there an opportunity for states to be early implementers of the new WIOA State Unified Plans?

Yes. ETA will develop a process and guidance for states that choose to voluntarily submit and implement WIOA State Unified Plans before the statutory effective date of July 1, 2016.

Q. How can I provide input into the WIOA implementation process?

Stakeholder input is absolutely critical to the successful implementation of WIOA. ETA, in coordination with its federal partner agencies, intends to engage stakeholders and gather feedback at various points throughout the transition to WIOA.

Q. How does WIOA impact national grant programs such as the Indian and Native American program, the Migrant and Seasonal Farmworker program, and YouthBuild?

WIOA continues to authorize the national competitive grant programs authorized under WIA (the Indian and Native American program, the National Farmworker Jobs program, and YouthBuild). Changes have been made to these programs to ensure that job seekers acquire the skills needed for in-demand jobs and are aligned with the core programs. For instance, YouthBuild is amended to specifically authorize activities in in-demand industries and occupations in addition to construction, to incorporate the common performance measures, and to make changes to the percentages of funds used for supervision and training and administration. The Indian and Native American program and the National Farmworker Jobs program are amended to extend the grant periods from two to four years and apply the common performance accountability measures. These national programs would continue to be required partners in American Job Centers, although their representation on local workforce investment boards is no longer required.

Q. When do Board changes take effect?

Like most of the other provisions in the Act, the State and Local Workforce Development Board requirements take effect July 1, 2015. WIOA retains a grandfathering provision for State Boards that were in effect before the enactment of WIA and a grandfathering provision for Local Boards.

Q. What is the “common one-stop delivery system identifier” to be developed by the Secretary? Is that identifier going to be “American Job Center”?

A common identifier will help job seekers and employers readily access services. The Department will consult with state and local boards and stakeholders experiences with various identifiers, including the American Job Center, before finalizing the system identifier and how it should be included in state and local materials. WIOA allows states, local areas, and other partners to have additional identifiers as well. After consultations, the Department will issue guidance and technical assistance on identifier implementation.

IMPROVING SERVICES TO JOB SEEKERS AND EMPLOYERS

Q. How does WIOA change the youth formula program?

WIOA requires the youth formula program spend at least 75 percent of funds on out-of-school youth, compared to 30 percent under WIA. The Act changes youth eligibility requirements by establishing separate criteria for out-of-school and in-school youth, including removing income eligibility requirements for most out-of-school youth and raising the eligible age for such youth to 16 through 24. In-school youth age eligibility continues to be ages 14-21. WIOA places a new priority on work-based learning by providing that at least 20 percent of local youth formula funds be used for work experiences such as summer jobs, pre-apprenticeship training, on-the-job training, and internships that have academic and occupational education as a component. WIOA also links services to the attainment of secondary school diplomas, entry into postsecondary education and career readiness, and attainment of postsecondary credentials aligned with in-demand industry sectors or occupations. Additional allowable activities include financial literacy education and entrepreneurial skills training.

Q. How does WIOA improve services to unemployment insurance (UI) claimants?

WIOA increases connections between the job training and employment services and the UI system. UI claimants will benefit from the enhanced services, including the labor exchange services and career counseling that are included as career services under title I and activities that assist workers in identifying and obtaining jobs in in-demand industries and occupations. WIOA amends Wagner-Peyser Employment Services to include as allowable activities eligibility assessments of UI claimants and the provision of referrals to and application assistance for an array of training and education programs and resources. Co-locating Employment Services in American Job Centers will result in UI claimants having enhanced access to services.

Q. How does WIOA improve services to individuals with disabilities through American Job Centers?

WIOA makes several significant changes to help individuals with disabilities access services and improve employment outcomes. Both the State and the Local Plans are to describe how the American Job Center delivery system will comply with the nondiscrimination requirements regarding physical and programmatic accessibility of facilities, programs, services, technology, and materials, including appropriate staff training and support. The criteria for certifying American Job Centers includes assessing physical and programmatic accessibility. The Act includes individuals with disabilities in the definition of individuals with barriers to employment, for whom strategies must be identified in state and local plans and performance outcomes reported.

WIOA directs local boards to promote proven practices in programmatic and physical accessibility, develop strategies for using technology to better meet the needs of people with barriers to employment, and annually assess physical and programmatic accessibility. In addition, local boards may designate a standing committee to provide information and assist with operational and other issues related to compliance with non-discrimination and accessibility requirements and appropriate training for staff.

WIOA promotes better alignment of the Adult, Dislocated Worker and Youth formula programs with vocational rehabilitation state grant programs carried out under title I of the Rehabilitation Act to help provide comprehensive services to individuals with disabilities. The Act strengthens collaboration of vocational rehabilitation agencies with employers. In addition, WIOA makes important amendments to the employment grant programs under the Rehabilitation Act to emphasize entry into and retention in competitive integrated employment for individuals with disabilities. The Act requires at least 15 percent of the funding to state vocational rehabilitation agencies to provide pre-employment transition services to support youth with disabilities in transition from secondary school to postsecondary school and employment.

At the federal level, WIOA requires that the Secretary of Labor establish an advisory committee focused on increasing competitive integrated employment for individuals with disabilities.

Q. How does WIOA strengthen services for employers?

WIOA contains many provisions to strengthen connections with employers to identify the skills employers need, ensure assistance is provided to workers to acquire those skills, and match employers with the skilled workers they need. The state and local workforce development boards that set policies for and oversee workforce development systems are comprised of a majority of business representatives and have business chairs. State and local plans include strategic elements designed to identify the employment needs of employers and to develop strategies for meeting those needs.

At the local level, a critical local board function is leading efforts to engage a diverse range of employers to develop effective linkages with regional employers to support their utilization of and participation in the local workforce system. The local boards are also to enhance communication, coordination, and collaboration among employers, economic development entities, and service providers to ensure activities meet the needs of employers and support economic growth in the region. In its plan, local boards are to describe (1) their strategies and services for employer engagement, including small employers and employers in in-demand industry sectors and occupations, in workforce programs; (2) how they will support a local system that meets the needs of local employers; (3) how they will better coordinate workforce development programs and economic development; and (4) the implementation of initiatives such as incumbent worker training programs, on-the-job training programs, career pathways initiatives, utilization of effective business intermediaries, and other business services and strategies designed to meet the needs of employers in the region.

WIOA emphasizes the provision of training that results in the attainment of postsecondary credentials that include industry-recognized certificates or certifications. It strengthens employment-based training by increasing the reimbursement rate to employers for on-the-job training and for customized training. WIOA provides local boards the opportunity to implement incumbent worker training programs using up to 20 percent of their Adult and Dislocated Worker program funds. It promotes the use of sector strategies to form partnerships among key stakeholders in an industry cluster or sector and encourages them to offer other work-based training and/or carry out industry and sector strategies to identify and address the needs of multiple employers in the industry.

To ensure accountability for services to employers, WIOA directs the Secretary of Labor and the Secretary of Education to establish a new performance measure on the effectiveness of services to employers across the core programs.

Q. How does WIOA strengthen connections with institutions of higher education, including community colleges?

Under WIOA, State Unified Plans must include a description of how community colleges will be engaged as partners in the workforce development system. In addition, each local board includes a representative of institutions of higher education providing workforce investment activities, including community colleges. WIOA allows local boards to enter into direct contracts with institutions of higher education to provide training services.

Q. Does WIOA retain veterans’ priority of service?

Yes. Priority of service requirements for eligible veterans and spouses continue under WIOA, and DOL is continuing to implement the recent refocus of the Jobs for Veterans State Grants program.

Q. How does WIOA improve services for veterans and military spouses?

WIOA has several provisions which help support veteran- related services, such as expanding National Dislocated Worker Grants (formerly National Emergency Grants) eligibility to areas that have a higher-than-average demand for services from dislocated members of the Armed Forces and other eligible individuals. The Act includes spouses of certain active duty members of the Armed Forces in the definition of dislocated workers and displaced homemakers eligible for assistance under the Dislocated Worker formula program.

PROGRAM QUESTIONS

Q. What are some of the major changes to National Dislocated Worker Grants (formerly National Emergency Grants)?

WIOA provides greater flexibility in the use of National Dislocated Worker Grants. The Act expands disaster relief authority to provide assistance, including disaster relief employment for affected workers, in an emergency or disaster situation of national significance that could result in a potentially large loss of employment, including situations where a Stafford Act declaration has not been issued. WIOA extends eligibility for disaster assistance to self-employed individuals who become unemployed or significantly underemployed as a result of the emergency or disaster. The Act increases the period for which disaster employment may be provided to participants from 6 months under WIA to 12 months under WIOA. It allows the Secretary, at the request of the state, to extend the period of disaster employment for an additional 12 months. WIOA also expands eligibility to areas to receive grants that have a higher-than-average demand for services from dislocated members of the Armed Forces and other eligible individuals.

Q. How does WIOA promote collaboration between the public workforce system and Registered Apprenticeship?

Registered Apprenticeship is a proven model for meeting employers’ workforce needs while allowing workers to earn while they learn new skills and acquire credentials. Thus, WIOA promotes collaboration between Registered Apprenticeship and Adult, Dislocated Worker and Youth formula programs in several ways. Under WIOA, representatives of Registered Apprenticeship programs are required members of state and local boards. Registered Apprenticeship programs with the Department or a State Apprenticeship Agency recognized by the Department are included as eligible training providers for the Adult and Dislocated Worker formula programs as long as they remain registered, and the Registered Apprenticeship completion certificate is recognized as a postsecondary credential. Registered Apprenticeship is recognized as a career pathway to good jobs for Job Corps students. Pre-apprenticeship training is an authorized Youth program activity to help participants meet entrance requirements for Registered Apprenticeship programs. YouthBuild also authorizes pre-apprenticeship training as well as Registered Apprenticeship.

Q. WIOA does not include Workforce Innovation Fund (WIF); what does that mean for WIF grants?

Current WIF grants are not affected and will operate for the duration of the grants. The Department is reviewing applications submitted under a WIF competition that closed June 18, 2014, and anticipates announcing grant awards using FY 2013 fund by Sept. 30, 2014. The Department also has funding available for WIF from FY 2014 appropriations, and anticipates awarding these funds by Sept. 30, 2015.

Innovation to support change and continuous improvement is a key component of WIOA. Under the Governor’s 15 percent funds, WIOA adds a number of allowable statewide activities to support and encourage innovative and evidence-based approaches to workforce development. WIOA also includes provisions to ensure that states and the Department work together to share promising and proven practices, to evaluate and disseminate information regarding such practices, and to identify and commission research to address knowledge gaps. The Department will build on the work of the WIF to support states in their ongoing innovation work.

Q. Does the Department still have authority to carry out demonstration projects?

Yes. Evidence-based and data-driven strategies are a priority under WIOA. As part of evaluation and research activities, WIOA authorizes the Department to carry out research and multi-state projects, as well as demonstration projects for dislocated workers. WIOA adds provisions requiring that an independent evaluation of the programs and activities under title I be carried out at least once every four years and that at least one multistate control group evaluation of such programs and activities be conducted by the end of FY 2019.

Q. How will the WIA Gold Standard findings help support WIOA implementation?

Many aspects of WIOA were informed by research and evaluations conducted previously under WIA. The WIA Gold Standard Evaluation is expected in 2017 and will not provide impact findings in time for WIOA implementation. However, the Department anticipates publishing briefing papers on WIA during calendar year 2014 that will help it better understand how WIA is working and where changes in policy or practice may be needed to strengthen WIOA. Subsequent findings under the WIA Gold Standard evaluation will be used to inform future system guidance and workforce strategies under WIOA.

FINANCIAL ADMINISTRATION AND PERFORMANCE

Q. How will WIOA affect my funding levels?

WIOA authorizes appropriations for each of Fiscal Years 2015–2020. The levels increase a total of 17 percent over that time period. However, the amounts authorized in the Act remain subject to the annual Congressional appropriations process. Congress currently is considering the President’s FY 2015 budget request.

Q. Are there changes to the formulas for the Adult, Dislocated Worker, and Youth programs?

There are no changes to the Adult and Youth formulas. However, beginning in FY 2016 WIOA provides that under the Dislocated Worker formula allotments to states, no state is to receive an allotment less than 90 percent or greater than 130 percent of the allotment percentage for the preceding year. Similarly with respect to within-state formula allocations, no local area is to receive less than 90 percent or more than 130 percent of the average allocation percentage of the local area for the two preceding years. The Adult and Youth formula programs had these minimum and maximum percentages under WIA, but the dislocated worker program did not.

Q. Is there any effect on recapture and reallotment processes for states and local areas?

No, WIOA maintains the WIA recapture and reallotment process.

Q. How does WIOA strengthen performance accountability and transparency?

WIOA ensures that federal investments in employment and training programs are accountable to job seekers, employers, customers, and taxpayers. WIOA establishes common performance measures across the four core programs and requires other programs authorized by the Act to report on the same indicators. In addition, WIOA requires the establishment of primary indicators on credential attainment and skills gain and on the effectiveness of services to employers. The Secretaries of Labor and Education are to develop a statistical adjustment model that will take into account the economic conditions and the characteristics of participants served in negotiating and determining the levels of performance applicable to the primary indicators. WIOA also requires states, localities, and eligible training providers to publish performance data using common templates developed by the Secretary of Labor and the Secretary of Education.

Q. Do states and locals have to collect new performance information?

By and large, DOL’s Employment and Training Administration’s grantees already collect most of the performance data required by WIOA. However, the primary indicators of performance specify outcomes with respect to quarters after exit that are different from WIA. There are also some additional data elements that will be required, such as credentials attainment, measurable skills gain, training-related costs, and information regarding employer engagement.

GOVERNANCE

Q. What is the impact of WIOA on State Workforce Development Boards?

WIOA reduces the size of state workforce development boards and provides them additional responsibilities to help achieve state strategic workforce vision and goals. The state board has a business chair and the majority of members are business representatives. At least 20 percent of the board membership must include workforce representatives, who must include representatives nominated by labor organizations and a representative of an apprenticeship program and may include community-based organizations. The balance includes representatives of agencies responsible for administering the core programs and other appropriate government representatives, including local officials. Examples of state boards’ new functions include leading efforts to engage employers, developing career pathways, promoting proven and promising practices, and more effectively utilizing technology. Provisions are included to specifically authorize the hiring of a director and staff and to require the state board to establish and apply a set of objective qualifications to ensure the director has the requisite knowledge, skills, and abilities. The director and staff are subject to salary limitations.

Q. What is the impact of WIOA on local Workforce Development Boards?

WIOA retains a business chair and business majority membership for local boards. Twenty percent of the membership is representatives of the workforce (including labor organizations and representatives of apprenticeship programs). The balance of the membership includes representatives of organizations administering education and training (a representative of Adult Education and of institutions of higher education) and representatives of governmental and economic and community development organizations serving the local area. WIOA reduces the size of the local board primarily by eliminating the requirement in WIA that all One-Stop programs be represented and instead only requires representatives of core programs. The Act also eliminates the WIA requirement that the local board establish a youth council. However, the bill authorizes, at the discretion of the local board, the establishment of three standing committees to advise the board on One-Stop partner issues, youth services, and services to individuals with disabilities, respectively, and also authorizes the establishment of additional standing committees. The additional functions of local boards include focusing on employer engagement, strengthening connections among the core programs, disseminating of proven and promising practices, and promoting more effective use of technology.

WIOA contains provisions explicitly authorizing local boards to solicit grants and donations from non-federal sources and to operate as tax-exempt organizations.

Q. What role do locally elected officials have under WIOA?

Locally elected officials continue to have a key role in contributing to the strategic planning and structure of workforce services. Under WIOA, the local elected officials have the authority to request local area designation (which must be granted if the local area has previously performed successfully and sustained fiscal integrity), appoint the members of the newly constituted local boards, and serve as or designate the local grant recipient.

WIOA Side-by-Side High Level Comparison

WIOA DOR (Last Rev. 12/04/2015)

This table reflects the Department of Rehabilitation’s first phase of identifying changes in vocational rehabilitation through the Workforce Innovation and Opportunity Act (WIOA). The Department of Rehabilitation anticipates several further phases of review, during which additional changes will be added, and during which the impacts of the changes contained in this table as well as other impacts will be identified. The section numbers in the table do not reflect any order of importance, but were added simply to help identify sections to facilitate discussion. This table was last amended December 4, 2015.

Since the table was first released the following changes have been made:

  1. In item number 1.23, the authorized amount for fiscal year 2020 was corrected.
  2. In item number 2.3, the term, “Starting Age” was replaced with “Definition of a Student and Youth with a Disability.” In item number 2.3, the definition of a student with a disability was amended to add the following language, “who is eligible for and receiving IDEA services or is an individual with a disability for purposes of section 504.”
  3. In item number 9.6, the first half of the sentence, reading “Aligns the evaluation standards of Rehab Act with standards of WIOA, establishing six primary indicators for all adult programs (training and education) and six primary indicators for all youth programs,” was replaced with, “Establishes six common performance standards for all core programs under WIOA.” In item number 9.6, numbers were added before each performance standard.
  4. In item number 7.7, in the After WIOA column, the phrase, “funding scheme identified in WIOA,” was replaced with the term, “state one-stop infrastructure funding formula.” In item number 7.7 in the After WIOA column, the statement, “Under the state one-stop infrastructure funding formula,” was added before the sentence, “VR has a cap on required contributions.”
  5. In item number 5.1, “State Workforce Investment Board” and “Local Workforce Investment Boards” were added to the Before WIOA column. In item number 5.1, the following two sentences were added, “Changed name to State Workforce Development Board,” and “Changed name to Local Workforce Development Boards.”
  6. In item 1.2, the following sentence was moved from item 1.5 in the Before WIOA column, “Established no requirement that the SPIL describe how the state would provide IL services to promote full access to community life for individual with significant disabilities,” to the Before WIOA column in item 1.2. In Item 1.2, the following sentence was moved from item 1.5 in the After WIOA column, “Requires SPIL to describe how the state will provide the IL services described in Public Law 7(18) that promote full access to community life for individual with significant disabilities,” to the After WIOA column in item 1.5.
  7. In item 4.1 in the After WIOA column, the phrase, “individuals under the age of 24,” was replaced with “individuals aged 24 or younger.”
  8. Item numbers 9.5, 9.6, and 9.7 were renumbered 9.6, 9.7, and 9.8 respectively in both the Before and After WIOA columns.
  9. Item number 9.5 was amended in the After WIOA column to define combined State plan.
  10. A new tenth category, “Services to Employers & Employer Engagement” was added.
  11. New Item Number 10.1, “Training and Services to Employers” was added.
  12. New Item Number 10.2, “Local Workforce Board Employer Engagement” was added.
  13. New Item Number 10.3, “Effectiveness in Serving Employers” was added.
  14. New Item Number 10.4, “Job-Driven Training” was added.
  15. New Item Number 3.6, “Definitions: Competitive Employment and Integrated Setting” was added in the Before WIOA column and New Item Number 3.6: “Definition: Competitive Integrated Employment” was added in the After WIOA column.
  16. New Item Number 4.2, “(WIOA 458)” was added in the After WIOA column.

Subjects:

  • 1. Independent Living (IL)
  • 2. Distinct Services to Youth
  • 3. Supported Employment
  • 4. Sub-minimum wage
  • 5. New Committees
  • 6. VR Personnel
  • 7. One-Stops (OS)
  • 8. Funding
  • 9. Reports / RSA Measures / Sanctions
  • 10. Services to Employers and Employer Engagement
1. Independent Living (IL)
Before WIOA After WIOA
1.1 (Public Law 3; 29 USC 702)

Oversight for IL services and ILCs were administered by Rehabilitation Services Administration (led by Commissioner) of United States Department of Education (led by Secretary)

1.1 (WIOA 472)

Oversight for IL services and Independent Living Centers (ILCs) is now vested in newly created Independent Living Administration (led by Director) within the Administration for Community Living (led by Administrator) of the United States Department of Health and Human Services (led by Secretary).

1.2 (Public Law 704(a)(1),(2), 705; 29 USC 796c and 796d)

Required the director of the designated state unit (DSU) and chairperson of SILC to develop and sign SPIL to submit to the Commissioner.

Established no requirement that the SPIL describe how the state would provide IL services to promote full access to community life for individual with significant disabilities.

1.2 (WIOA 474, 475)

Requires chairperson of the State Independent Living Council (SILC) and the directors of ILCs to now jointly develop the State Plan for Independent Living (SPIL) to be signed, as before, by chairperson of SILC and director of designated state entity (DSE), but now must also be signed by at least 51 percent of directors of ILCs to submit to the Administrator, instead of the Commissioner.

Requires SPIL to describe how the state will provide the IL services described in Public Law 7(18) that promote full access to community life for individual with significant disabilities.

1.3 (Public Law 704(c); 29 USC 796c)

Established the designated state unit (DSU) as the agency on behalf of the state, to receive, account for and, distribute funds based on the state plan, provide administrative support services for program under programs under Title VII B and Title VII C, maintain records, and provide information or assurances to the Commissioner.

1.3 (WIOA 474)

Replaces the designated state unit (DSU) with the designated state entity (DSE), as the entity, identified by the state, that is still required to perform the same functions: receive, account for, and distribute funds based on the SPIL, provide administrative support services for programs under Title VII B, maintain records, and provide information or assurances to the Administrator (instead of the Commissioner.)

1.4 (Public Law 704(c); 29 USC 796c)

Established no cap on use of funds for administrative support services under Title VII.

1.4 (WIOA 474)

Adds a cap of 5 percent of the funds received by the State in any fiscal year under Title VII B (Independent Living Services) that the designated state entity may retain to (1) receive, account for, and disburse funds received under Title VII, (2) administrative support services for programs under Title VII B, (3) maintain records, and (4) provide information or assurances to the Administrator.

1.5 (Public Law 7(17) and (18) and 704; 29 USC 705(21)(B) and 796c)

Established four IL core services – information and referral services; IL skills training; peer counseling; and individual systems and advocacy.

1.5 (WIOA 474; 404)

Adds a fifth category of core services for the: (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth with significant disabilities, who were eligible for Individualized Education Plans and have completed their secondary education or otherwise left school, to postsecondary life.

SILC –
1.6 (Public Law 705(b)(2)(C); 29 USC 796d)

Required SILC to include at least one representative of the directors of the projects carried out under section 121 (VR services grants for American Indians) in states with such projects.

SILC –
1.6 (WIOA 475)

Requires the voting members of SILC to include at least one director of an ILC run by, or in conjunction with, the governing bodies of American Indian tribes located on federal or state reservations, if applicable.

SILC –
1.7 (Public Law 705(c)(3); 29 USC 796d)

Required SILC to coordinate activities with State Rehabilitation Council (SRC) and councils that address the needs of specific disability populations and issues under other federal law.

SILC –
1.7 (WIOA 475)

Adds to SILC’s functions, as appropriate, coordination of activities with other entities in the state that provide services similar to or complementary to IL services, such as entities that facilitate the provision of or provide long-term community-based services and supports.

SILC –
1.8 (Public Law 705; 29 USC 796d)

Established no authority for SILC to work with ILCs to coordinate services with public and private entities, conduct resource development activities, and perform other functions as appropriate.

SILC –
1.8 (WIOA 475)

Authorizes SILC, consistent with the SPIL, to work with ILCs to coordinate services with public and private entities, conduct resource development activities, and perform other functions as appropriate.

SILC –
1.9 (Public Law 705; 29 USC 796d)

Established no authority for or prohibition against SILC providing IL services directly to individuals with significant disabilities or manage such services.

SILC –
1.9 (WIOA 475)

Prohibits SILC from providing IL services directly to individuals with significant disabilities or manage such services.

SILC –
1.10 (Public Law 705(f); 29 USC 796d)

Authorized SILC to reimburse members for reasonable and necessary expenses of attending meetings and performing duties, including child care and personal assistance services, and to pay compensation to a member, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing duties.

SILC –
1.10 (WIOA 475)

Appears to eliminate reimbursement to members for child care expenses by deleting reference to this specific expense and qualifies the compensation that may be paid to members as reasonable compensation.

1.11 (Public Law 706; 29 USC 796d-1)

Charged the Commissioner with approving state plan submitted under Public Law section 704 and developing and publishing performance indicators for ILCs no later than October 1, 1993.

1.11 (WIOA 475A)

Charges the Administrator with approving the SPIL and developing and publishing performance indicators for ILCs and now also SILC no later than one year after the enactment of WIOA (July 22, 2015).

Independent Living Administration –
1.12 (Public Law 706; 29 USC 796d-1)

Charged the Commissioner with conducting on site compliance reviews and providing an annual report on ILC performance, including results from onsite compliance reviews.

Independent Living Administration –
1.12 (WIOA 475A)

Charges the Director of Independent Living Administration with conducting on site compliance reviews, providing to the Administrator an annual report on ILC performance, including results from onsite compliance reviews, and ensuring the report is made publicly available in a timely manner, including through electronic means.

Funding Title VII B –
1.13 (Public Law 711; 29 USC 796e)

Required Commissioner to grant Title VII B funds to states as a formula grant.

Funding Title VII B –
1.13 (WIOA 476)

Requires Administrator to grant Title VII B funds to states as a formula grant.

Funding Title VII B –
1.14 (Public Law 711-714; 29 USC 796e)

Identified the State as the recipient of Title VII B funds.

Funding Title VII B –
1.14 (WIOA 476)

Requires designated state entity to administer Title VII B funds, in accordance with the SPIL

Funding Title VII B –
1.15 (Public Law 711; 29 USC 796e)

Established no requirement that Commissioner reserve funds to provide training and technical assistance to SILCs.

Funding Title VII B –
1.15 (WIOA 476)

Adds new Public Law section 711A, requiring Administrator for each fiscal year beginning with fiscal year 2015 to first reserve between 1.8 and 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to SILCs, survey SILCs to determine needs and thus funding priorities, and establishes application process for grants, contracts or cooperative agreements for the provisions of training and technical assistance to SILC.

1.16 (Public Law 713; 29 USC 796e-2)

Established no limits on the amount of funds used to carry out duties under Public Law section 705(e) and performance of administrative support services for program under Title VII B, maintain records, and provide information or assurances to the Commissioner.

1.16 (WIOA 476)

Authorizes states to use Title VII B funds as follows: no more than 30 percent for the SILC to carry out its duties under Public Law section 705(e), unless the need for a greater percentage is specified in the SPIL; not more than 5 percent for the performance of administrative support services for program under Title VII B, maintain records, and provide information or assurances to the Administrator; and remaining funds distributed in a manner consistent with the SPIL for the authorized activities (Public Law 713.)

1.17 (Public Law 713; 29 USC 796e-2)

Established no specific emphasis on the provision of independent living services to individuals with significant disabilities in unserved areas of the state in authorized uses of funds.

1.17 (WIOA 476)

Emphasizes the provision of independent living services to individuals with significant disabilities in unserved areas of the state in authorizing uses of funds in Public Law section 713.

1.18 (Public Law 714; 29 USC 796e)

Authorized such sums as may be necessary for each of the fiscal years 1999 through 2003.

1.18 (WIOA 476)

Authorizes the following appropriations: $22,878,000 for fiscal year 2015; $24,645,000 for fiscal year 2016; $25,156,000 for fiscal year 2017; $25,714,000 for fiscal year 2018; $26,319,000 for fiscal year 2019; and $26,877,000 for fiscal year 2020.

Title VII C Funding –
1.19 (Public Law 721; 29 USC 796f)

Authorized Commissioner for fiscal year 1999, and subsequent years thereafter, to make funds available to States and other entities for the activities enumerated in Public Law section 721(b) through (d). Required Commissioner to reserve between 1.8 and 2 percent of funds that exceeded funds appropriated for fiscal year 1993 to provide training and technical assistance with respect to planning, developing, conducting, administering, and evaluating ILCs to eligible agencies, ILCs and SILC through grants, contracts or other agreements with entities that have experience in the operation of ILCs. Required Commissioner to survey SILC and ILCs in order to determine the funding priorities based on needs and established an application process for awarding the grants, contracts or other agreements.

Title VII C Funding –
1.19 (WIOA 481)

Authorizes Administrator for fiscal year 2015, and subsequent years thereafter, to make funds available to ILCs and other entities for the activities enumerated in Public Law section 721(b) through (d). Reserves between 1.8 and 2 percent of the funds for grants, contracts or cooperative agreements with entities that have experience in the operation of ILCs to provide training and technical assistance with respect to fiscal management, planning, developing, conducting, administering, and evaluating ILCs. Requires Administrator to survey ILCs in order to determine the funding priorities based on needs, and establishes an application process for awarding the grants, contracts or cooperative agreements.

Independent Living Centers –
1.20 (Public Law 721; 29 USC 796f-1)

Required Commissioner to consider comments of SILC when selecting among applicants for a grant for a new ILC.

Independent Living Centers –
1.20 (WIOA 482)

Requires Administrator to consider comments from individuals with disabilities and other interested parties within the new region proposed to be served in addition to SILC when selecting among applicants for a grant for a new ILC.

Title VII C Appropriations (DOR does not receive Title VII C funds directly; these go straight to each of the ILCs.)
1.21 (Public Law 727; 29 USC 796f-6)

Appropriated such sums as may be necessary for each of the fiscal years 1999 and 2003.

Title VII C Appropriations (DOR does not receive Title VII C funds directly; these go straight to each of the ILCs.)
1.21 (WIOA 484)

Authorizes the following appropriations: $78,305,000 for fiscal year 2015; $84,353,000 for fiscal year 2016; $86,104,000 for fiscal year 2017; $88,013,000 for fiscal year 2018; $90,083,000 for fiscal year 2019; and $91,992,000 for fiscal year 2020.

IL Services for Older Individuals who are Blind –
1.22 (Public Law 751 through 753; 29 USC 796f-6)

Established no percentage of funds for training and technical assistance to States or other providers of IL services for older individuals who are blind.

IL Services for Older Individuals who are Blind –
1.22 (WIOA 486)

Remains within the Rehabilitation Services Administration. Requires Commissioner to reserve between 1.8 and 2 percent of program funds to provide training and technical assistance to designated State agencies or other providers of IL services for older individuals who are blind.

1.23 (Public Law 753; 29 USC 796l)

Appropriated such sums as may be necessary for each of the fiscal years 1999 and 2003.

1.23 (WIOA 488)

Authorizes the following appropriations: $33,317,000 for fiscal year 2015; $35,890,000 for fiscal year 2016; $36,635,000 for fiscal year 2017; $37,448,000 for fiscal year 2018; $38,328,000 for fiscal year 2019; and $39,141,000 for fiscal year 2020.

2. Distinct Services to Youth

Before WIOA After WIOA
2.1 State Plan-

No section regarding Students with Disabilities and the Statewide Needs Assessment did not need to address transition needs.

State Plan
2.1 (WIOA 412)

(1) In state plan, must provide assurance that state will report on number of students with disability who are receiving pre-employment transition services (2) Plan must also include strategies for coordination with employers on transition services for youth and students with disabilities. (3) State plan shall include results of the comprehensive statewide needs assessment, which shall include the transition needs of both youth with disabilities and students with disabilities. (4) State Plan shall contain a separate assessment of the needs individuals with disabilities for transition and pre-employment transition services. (5) State Plan shall identify strategies for methods used to improve/expand VR services for students with disabilities. (6) State Plan must now include a section entitled “Services for Students with Disabilities” which describes the strategies to address the needs of the needs assessment and providing pre-employment transition services. (7) New construction clause stating that nothing in this part shall be construed to reduce the obligation under IDEA for local educational agencies to provide/pay for transition services that are required to ensure a FAPE (Free Appropriate Public Education.)

2.2 IPE –

Transition services was not a mandatory component.

IPE
2.2 (WIOA 413)

IPE must include specific transition services if the eligible individual is a student.

2.3 Definition of Student and Youth with a Disability –

undefined in previous Rehabilitation Act.

Definition of Student and Youth with a Disability
2.3 (WIOA 404)

Two new definitions: (1) Student with a disability = 16 to 21 who is eligible for and receiving IDEA services or is an individual with a disability for purposes of section 504. (2) Youth with a disability = 14 to 24. Pre-employment transition services must be provided only to “students with a disability.”

2.4 Pre-Employment Transition Services (PETS) –

N/A. New term under WIOA.

Pre-Employment Transition Services (PETS) –
2.4 (WIOA 422)

Per new Rehab Act Section, DOR is required to provide the following 5 activities to students with disabilities (16 to 21 year-olds) who are eligible or potentially eligible for VR services: (1) job exploration counseling, (2) work-based learning opportunities, (3) counseling on post-secondary educational opportunities (4) workplace readiness training, & (5) instruction in self-advocacy. DOR is authorized, but not required to provide the 9 activities, specifically identified in the Act.

2.6 15% set aside –

N/A. New requirement under WIOA.

15% set aside –
2.6 (WIOA 419)

Requires all states to use at least 15% of section 110 state allotments for provision of pre-employment transition services. The 15% cannot be used to pay for administrative costs of providing the pre-employment transition services.

2.7 Transition Coordination –

N/A. New section under WIOA.

Transition Coordination –
2.7 (WIOA 422)

Each local office of a DSE must: (1) attend IEP meetings for students with disabilities when invited, (2) work with local workforce development boards, One-Stop centers, and employers to develop work opportunities for students with disabilities, (3) work with schools, to coordinate and guarantee the provision of pre-employment transitions services (4) attend person-centered planning meetings for individuals receiving services under Title 19 of Social Security Act, when invited.

3. Supported Employment

Before WIOA After WIOA
3.1 (Public Law 621; USC 795g)

Purpose of Subtitle G (Employment Opportunities for Individuals with Disabilities) was to assist states in providing supported employment services for individuals with the most significant disabilities to achieve the employment outcome of supported employment.

3.1 (WIOA 461)

Changes purpose of Subtitle G to assist states in providing supported employment services for individuals with the most significant disabilities, including youth, to achieve the employment outcome of supported employment in competitive integrated employment.

3.2 (Public Law 625; USC 795K)

Administration costs were limited to five percent or less of the allotment.

3.2 (WIOA 461)

Administration costs limited to 2.5% of the allotment.

3.3 No previous requirement to spend half of subtitle G allotment on youth. 3.3 (WIOA 461)

States receiving funds under Subtitle G must use half of the allotment for provision of supported employment services, including extended services to youth.

3.4 Supported Employment
(Public Law 7, USC 705(35)) –

Supported employment services not to exceed 18 months, unless special circumstances existed.

Supported Employment –
3.4 (WIOA 404)

Individuals may now receive supported employment services for up to 24 months, but it may be extended under special circumstances.

3.5 Extended Services
(Public Law 623; 795(i)) –

Funds allotted under Subtitle G could not be used for extended services.

Extended Services –
3.5 (WIOA 461)

Funds allotted under Subtitle G may be used to provide extended services to only youth with the most significant disabilities. Extended services not to exceed 4 years.

3.6 Definitions: Competitive Employment and Integrated Setting
(34 C.F.R. 361.5(b)(11); (33)

Competitive employment means work –

  1. In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
  2. For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

Integrated setting, –

  1. With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;
  2. With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
Definition: Competitive Integrated Employment
3.6 (WIOA 404)

The term “competitive integrated employment” means work that is performed on a full-time or part-time basis (including self-employment) –

  1. for which an individual –
    1.    is compensated at a rate that –
      1. (aa) shall be not less than the higher of the rate specified in section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) or the rate specified in the applicable state or local minimum wage law; and(bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or
      2. in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and
    2.    is eligible for the level of benefits provided to other employees;
  2. that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and
  3. that, as appropriate, present opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

4. Sub-minimum wage

Before WIOA After WIOA
4.1 No provision on subminimum wage. 4.1 (WIOA 458)

Section 511 will prohibit sub-minimum wage for individuals aged 24 or younger, unless: 1) the individual is, as of July 22, 2016, already employed at sub-minimum wage by a certified employer; or 2) the individual has received pre-employment transition services, career counseling, and information and referrals designed to enable the individual to obtain competitive integrated employment and the individual either I) applied for vocational rehabilitation services and was found ineligible or II) individual determined eligible, has an IPE, individual is working toward an employment outcome and received appropriate supports and services including supported employment services for a reasonable period of time, without success, resulting in case closure, and individual has been provided career counseling and information and referrals to federal and state programs to help the individual discover, experience and attain competitive integrated employment, and the counseling and information was not for employment at subminimum wage.

Effective Date: July 22, 2016.

4.2 No provision on subminimum wage. 4.2 (WIOA 458)

Employer may not continue to employ an individual, regardless of age, in a subminimum wage placement, unless, twice during the first year of placement and annually thereafter: (1)the designated state unit provides career counseling and information and referrals to Federal and state programs and other resources that offer employment related services and supports and (2) the employer informs the individual of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual’s geographic area.

 

5. New Committees

Before WIOA After WIOA
5.1 No committee.

No Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities

State Workforce Investment Board

Local Workforce Investment Boards

5.1 (WIOA 461; WIOA 101; WIOA 107)

Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities

Changed name to State Workforce Development Board

Changed name to Local Workforce Development Boards

 

6. VR Personnel

Before WIOA After WIOA
6.1 (Public Law 101(a)(7)(B-C); 29 USC s 721(a)(7)(B)-(C))

No specific educational requirement.

6.1 (WIOA 412)

Requirements: 1) baccalaureate degree in a field of study reasonably related to VR AND 1 year or more paid or unpaid experience consisting of one of the following: a) direct work with IWDs in a setting such as an ILC, b) direct service or advocacy activities demonstrating experience and skills in working with IWDs, c) direct experience as an employer (as small business owner or operator in self-employment) or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; OR 2) master’s or doctoral degree in a field of study such as VR counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields.

 

7. One-Stops (OS)

Before WIOA After WIOA
7.1 (29 USC 2841)

Required partners, VR is a required partner.

Required One Stop Partners:
7.1 (WIOA 121)

13 required partners (added programs authorized under Second Chance Act of 2007.) VR is still an OS required partner.

7.2 (29 USC 2841)

MOU required between local board and One-Stop Operators. Required 4 provisions: (1) services to be provided, (2) Funding sources and mechanisms, (3) Methods of referral between OS operator and OS partners, (4) Duration of the MOU.

MOU:
7.2 (WIOA 121)

MOU still required and adds one additional provision – must now address methods to ensure needs of individuals with disabilities are addressed. Also, the duration of the MOU is now limited to 3 years at the most. Lastly, funding provisions expanded to require discussion of how funding through cash and in-kind contributions will be used and how infrastructure costs will be funded.

7.3 (29 USC 2841)

One-Stop Operators. Local board shall designate OS operators who should be certified through a competitive process and may include a public, private or nonprofit entity or consortium of entities.

One-Stop Operators
7.3 (WIOA 121)

Same requirements for who can become OS operator. Adds additional requirements, OS operators must (1) disclose any potential conflicts of interest, (2) not establish procedures that create disincentives to individuals with barriers to employment who may require longer-term services, and (3) comply with Federal regs and procurement policies relating to calculating and use of profits.

7.4 (29 USC 2841)

Establishment of One-Stop Delivery System: Simply provided that if OS delivery system had been established prior to 1998, Governor could decide to certify.

7.4 (WIOA 121)

Establishment of One-Stop Delivery System: Much more extensive discussion of OS delivery system. (1) A OS delivery system shall be established in each local area which shall provide access to (1) career services under section 134(c)(2), (2) training services under section 134(c)(3)(G), (3) employment and training activities under section 134(d), (4) programs and activities described in subsection (b), (5) provide access to the data, information and analysis described in section 15(a) of the Wagner-Peyser Act. (2) These services must be provided at least one physical center in each local area and may make the services available through a network of affiliated sites or through a network of eligible One-Stop partners. The OS delivery system may include specialized centers to address special needs, and if practicable shall make programs available in an electronic means. (3) Employment service offices under Wagner-Peyser Act shall be collocated with One-Stop centers. (4) Each OS delivery system should have a common system identifier such as logo or phrase.

7.5 (29 USC 2841)

Application to Certain VR programs: OS does not apply to American Indian VR services or CAP.

Application to Certain VR programs
7.5 (WIOA 121)

Same. Still does not apply/require participation of American Indian VR program or CAP. Adds that if CAP does participate does not violate requirement that CAP be a separate entity than VR agency.

7.6 Certification and Continuous Improvement of One Stop Centers – New section under WIOA. Certification and Continuous Improvement of One Stop Centers
7.6 (WIOA 121)

In order to receive infrastructure funding described in subsection (h), the State board must establish objective criteria and procedures for use by local board in assessing at least once every 3 years the effectiveness, physical and programmatic accessible and continuous improvement of OS centers and OS delivery system. The criteria must be developed in consultation with the chief elected officials and local boards and should include such indicators that establish how well the OS center (1) supports the achievement of negotiated local levels of performance described in WIOA section 116(b)92), (2) integrates available services, and (3) meets the workforce development and employment needs of local employers and participants. Criteria and procedures should be reviewed every two years.

7.7 Funding of One Stop Centers – New section under WIOA. Funding of One Stop Infrastructure
7.7 (WIOA 121)

Significant new provisions regarding OS funding. Infrastructure funding defined as non-personnel costs that are necessary for the general operation of OS center, including rental costs, utilities and maintenance, equipment, technology, and outreach activities. OS partners and the local board can either agree to specific funding structure or choose to utilize the state one-stop infrastructure funding formula if they cannot come to an agreement. Under the state one-stop infrastructure funding formula, the Governor shall determine portion of funds to be provided by each OS required partner, considering the statutory requirements for each partner program. Funds should only be provided from OS partners funds that may be used for administrative costs. Under the state one-stop infrastructure funding formula, VR has a cap on required contributions. Starts with 0.75% of DOR funds available for administrative costs on July 1, 2016, increasing 0.25% each year until reaching a max of 1.5% in 2019.

7.8 Other Funds-New section under WIOA. Other Funds
7.8 (WIOA 121)

Each OS partner must provide a portion of the funds made available under Federal law or non-cash resources must be used to pay the additional costs relating to the OS delivery system that are not paid from the infrastructure funds if not prohibited by federal law. These costs should include the particular career services applicable to each program and common costs. These “other funds” should be determined and identified in the MOU described in subsection (c).

 

8. Funding

Before WIOA After WIOA
8.1 (Public Law 304 and 305, 29 U.S.C. 774 and 775)

Established programs and grant funding, including, but not limited to: Projects with Industry; Migrant and Seasonal Farmworkers and Recreational Programs; and In-Service

8.1 (WIOA 443)

Eliminates 15 programs, including the following that under the Rehabilitation Act as amended: Projects with Industry; Recreation Programs Migrant and Seasonal Farmworkers Program and In-Service Training.

8.2 (Public Law 100(b)(1), 29 U.S.C. 720(b)(1))

Authorized such sums as may be necessary for fiscal years 1999 through 2003 to assist states in costs associated vocational rehabilitation services provided for in State Plans.

8.2 (WIOA 411)

Authorizes $3.3 billion for each fiscal year 2015 through 2020.

 

9. Reports / RSA Measures / Sanctions

Before WIOA After WIOA
Reports –
9.1 (Public Law 13, 29 U.S.C. 710)

Required the Commissioner to submit a report to the President and Congress no later than 180 days after the close of each federal fiscal year on the activities carried out under the Act.

Reports –
9.1 (WIOA 406)

Requires the Commissioner to ensure that the report is made publically and electronically available in a timely manner, which is not defined.

9.2 (Public Law 101, 29 U.S.C. 721)

Required designated state agency to submit reports in form and level of detail required by the Commissioner.

9.2 (WIOA 116)

Requires not later than 12 months after enactment of WIOA, the Secretary of Labor to develop performance report template to be used by states, local boards and eligible service providers including, but not limited to: levels of performance achieved with respect to primary performance for each program and state adjusted levels; number of participants served by each program, who received career and training services and amount of funds spent, who exited from career and training services; average cost per participant receiving career and training services; percentage of participants who received training services and obtained unsubsidized employment in field related to training; more than one of the programs; and percentage of states annual allotment spend on administrative costs.

Evaluation –
9.3 (Public Law 14, 29 U.S.C. 711)

Required the Secretary of Education, in consultation with the Commissioner, to evaluate the effectiveness of all programs under the Act and conduct a longitudinal study. Requires the Commissioner to identify and disseminate information on exemplary practices concerning vocational rehabilitation.

Evaluation –
9.3 (WIOA 407)

Charges Secretary of Health and Human Services and the Administrator for Administration of Community Living with the responsibilities for evaluation and disseminating information on exemplary practices, respectively, relating to independent living services and centers for independent living.

State Plan –
9.4 (Public Law 101, 29 U.S.C. 721)

Required state to submit to the Commissioner a state plan for vocational rehabilitation services to participate in vocational rehabilitation grant and programs.

Unified State Plan –
9.4 (WIOA 3(13); WIOA 102)

To receive allotments under each core program, the Governor must submit either a unified State plan or combined State Plan for all of the core programs.(Core Programs = Entities with primary responsibility for: (1) youth workforce investment activities and adult and dislocated worker employment and training activities, (2) Adult education and literacy activities), (3) employment services under the Wagner-Peyser Act, and (4) VR services under Title I of the Rehabilitation Act.

The first unified State plan must be submitted to Secretary of Labor by March 3, 2016 to take effect by July 1, 2016. The unified State plan must include the following strategic planning elements: (1) analysis of the economic conditions in the State, (2) analysis of the current workforce, (3) analysis of the workforce development activities, (4) description of the State’s strategic vision and goals for preparing an educated and skilled workforce, and (5) strategy for aligning the core programs to achieve strategic vision and goals. The unified State Plan must include the following operational planning elements: (1) description of how each core program will implement the strategy of alignment, (2) a description of how the state operating systems and policies will support the implementation of the strategy of alignment, (3) specific elements of each program, and (4) several assurances.

VR agencies will still be required to submit all of the information described in section 101 of the Rehab Act.

Combined State Plan –
9.5 No provision for combined State Plan.

Combined State Plan –
9.5 (WIOA 103)

Instead of a unified State Plan, the State may elect to submit a combined State Plan for the core programs plus 1 or more additional identified program. The portion of the combined State plan covering the core programs must meet all of the requirements of the unified State Plan.

9.6 (Public Law 101, 29 U.S.C. 721)

Included as some of the requirements of the state plan: sole state agency responsible for administration of the plan; order of selection; comprehensive system of personnel development; assurances regarding eligibility; reporting requirements; cooperation, collaboration, and coordination; annual review of individuals in extended employment or other employment under special certificate provisions of Fair Labor Standards Act of 1938; and annual state goals and reports of progress.

9.6 (WIOA 412)

Requires state plan to include: description of coordination with employers and interagency cooperation and utilization of initiatives involving in-demand industry sectors or occupations to increase opportunities, and methods to improve and expand vocational rehabilitation services for students with disabilities; assurance of cooperative agreement regarding individuals eligible for home and community-based waiver programs, coordination with assistive technology program, coordination with ticket to work and self-sufficiency program, development and implementation of strategies to address needs identified in assessment of needs of youth and students with disabilities; needs of the comprehensive, statewide assessment; assessment of the needs of youth and students with disabilities and individuals with disabilities for transitional and pre-employment services; semiannual review of individuals in extended employment or other employment under special certificate provisions of Fair Labor Standards Act of 1938. Allows state at its discretion to serve eligible individuals, whether or not receiving vocational rehabilitation services, who require specific services or equipment to maintain employment.

Performance Standards –
9.7 (Public Law 106, 29 U.S.C. 726)

Required the Commissioner, no later than July 1, 1999, to establish and publish evaluation standards and performance indicators for the vocational rehabilitation program and to revise evaluation standards and performance indicators every three years.

Performance Standards –
9.7 (WIOA 416)

Establishes six common performance standards for all core programs under WIOA: (1) percentage of participants in unsubsidized employment during second quarter after exit, (2) percentage of participants in unsubsidized employment during fourth quarter after exit, (3) median earnings of participants during second quarter after exit, (4) percentage of participants who obtain a postsecondary credential or secondary school diploma within 1 year after exit, (5) achievement of measureable skill gains toward credential or employment, and (6) effectiveness in serving employers.

Sanctions –
9.8 (Public Law 106, 29 U.S.C. 726)

No provision for sanctions. Required Commissioner to provide technical assistance and to develop along with the state an improvement plan when Commissioner determined that state’s performance fell below established standards. Required Commissioner to reduce or suspend payments if a state fails to enter into an improvement plan or comply substantially with the terms and conditions of an improvement plan, until such time as the state enters into an improvement plan or complies substantially with the terms and conditions of the improvement plan.

Sanctions –
9.8 (WIOA 416)

Requires Secretaries of Labor and Education to provide technical assistance to program that fails to meet its performance levels for any program year. Reduces by 5 percentage points amounts reserved for statewide activities in immediate succeeding years should program fail to meet its performance levels in second consecutive year or state fails to submit a report until such time as Secretaries meets performance levels and submitted reports.

 

10. Services to Employers and Employer Engagement

Before WIOA After WIOA
Training and Services to Employers –
10.1 (Public Law 109, 29 U.S.C. 728a)

State could choose to expend federal funds received from the VR Services grant to (1)carry out a program to train employers on compliance with Title I of the Americans with Disabilities Act, and (2) inform employers of the existence of this training program.

Training and Services to Employers –
10.1 (WIOA 418)

State can choose to expend federal funds received from the VR Services grant to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities who are receiving VR services, including but not limited to: (1) providing training and technical assistance on compliance with the Americans with Disabilities Act, other employment related laws, and disability awareness, (2) working with employers to provide work-based learning opportunities, recruiting qualified individuals with disabilities, training employees who are individuals with disabilities, and promoting awareness of disability-related obstacles to continued employment, (3) providing consultation, technical assistance, and support to employers on accommodations, assistive technology, and workplace access to enable employers to recruit, job match, hire, and retain qualified individuals with disabilities who receive VR services, and (4) assist employers with utilizing available support for hiring or accommodating individuals with disabilities.

Local Workforce Board Employer Engagement –
10.2 No provision for requiring local workforce board to engage with employers.

Local Workforce Board Employer Engagement –
10.2 (WIOA 107)

Requires the local workforce board to lead efforts to engage with a diverse range of employers and entities in their region to (1) promote business representation on the local board, (2) develop effective linkages with employers in the region, (3)ensure that workforce investment activities meet the needs of local employers, and (4) develop and implement proven or promising strategies for meeting employment and skill needs of workers and employers in the region.

Effectiveness in Serving Employers
10.3 No performance measure evaluating effectiveness in serving employers.

Effectiveness in Serving Employers
10.3 (WIOA 116)

New performance measure evaluating each of the core programs effectiveness in serving employers. The Secretaries of Labor and Education will jointly develop and establish one or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers before June 30, 2016.

Job Driven Training
10.4 No provision

Job- Driven Training
10.4

In his 2014 State of the Union address, President Obama asked Vice President Biden to “lead an across-the-board reform of America’s training programs to make sure they have one mission: train Americans with the skills employers need, and match them to good jobs that need to be filled right now.” The review resulted in a report titled, “Ready to Work: Job-Driven Training and American Opportunity” released the same day that President Obama signed WIOA.

The Report defines a Job-Driven program as one that is, “responsive to the needs of the employers in order to effectively place ready-to-work Americans in jobs that are available now or train them in the skills needed for better jobs.” The Report contained a seven-point checklist for Job-Driven Training to help guide administrative reforms.

Although WIOA and the Job-Driven Report developed separately, WIOA furthers several of the goals identified in the Report and, in addition, the Secretaries of Education, Labor, and Commerce have committed to integrating the elements in the Job-Driven Training checklist into competitive and formula grants and considering the elements of the checklist while implementing WIOA.

This table was last amended December 4, 2015.

SouthEast Vocational Experts

provides vocational consulting services to the community, schools, Government, and also in the form of litigation support, vocational assessments, and testimony in court. Vocational assessments include psychometric testing, loss of earning capacity calculations, labor market surveys, and transferable skills analysis, as well as specific job analysis in order to determine essential functions of an occupation.

Current areas of practice include IDEA Transitional Evaluations, IEP review, WOIA Transitional Evaluations, Return to Worker Services, Personal Injury PI, workers’ compensation, long term disability LTD, medical malpractice, product liability, ADA discrimination, and marital dissolution.

We also provide Veterans Disability Services in Disability Evaluations and Total Disability Individual Unemployability Evaluations.

http://sevocationalexperts.com/

http://transitional-evaluation.com/

http://veteransdisability-vocationalexpert.us/

Atlanta Vocational Transitional Evaluation

 

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following Transitional Vocational Evaluation services:

Comprehensive Vocational Transitional valuations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Vocational Expert in Atlanta, Georgia

Atlanta psycho-educational evaluations

A detailed statement of fees will be provided for clients’ submission to insurance companies for self-filing claims. Please note that most insurance companies do not cover psycho-educational testing for developmental delays or learning issues, as they deem these services ‘educational’ rather than ‘medical’, even if the provider is ‘in-network’.

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following psych0-educational evaluation services:

Comprehensive psycho-educational evaluations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Chattanooga Tennessee – Vocational Transitional Evaluation

Schools will pay for Transitional Evaluations however, many parents often have to hire an attorney or school advocate in order for this to occur.

We provide services for school aged children as well as college students with learning disabilities, attention problems, and behavioral concerns.

We provide the following Transitional Vocational Evaluation services:

Comprehensive Vocational Transitional valuations that define children’s learning profile, academic strengths and weaknesses, and recommendations for effective remediation and accommodations. The evaluations assess the following areas:

Complete psycho-educational transitional evaluation – $1950

  • comprehensive intelligence testing/Cognitive Processes (e.g., processing speed, flexibility)
  • comprehensive memory testing
  • comprehensive achievement testing in all academic areas
  • computerized attention assessment
  • behavior/emotional/social assessment
  • comprehensive testing of all neuropsychological processing areas appropriate, such as processing speed, visual-motor skills, visual-perceptual skills, auditory processing skills, phonological processing skills, attention/concentration skills
  • Interest Testing
  • Manual Dexterity
  • Vocational and Work Samples
  • comprehensive transitional evaluation  report

Emotional/Behavioral Assessment

  • Call and speak to us regarding your concerns in order to obtain an estimated cost of assessment.  These are typically completed on an hourly fee basis.

Academic Assessment only

  • Achievement testing in all academic areas (basic reading, reading comprehension, math reasoning, math calculation, written expression) with a brief written report – $500

Consultation

  • Our clinicians are available to meet with you to discuss behavioral, learning, and developmental issues.  We are happy to attend meetings at your child’s school or complete observations in alternate locations. Charges for these services are $175 per hour.

Vocational Expert services in Chattanooga, Tennessee

Emotional and Behavioral Disorder

An emotional and behavioral disorder is an emotional disability characterized by the following:

  1. An inability to build or maintain satisfactory interpersonal relationships with peers and/or teachers. For preschool-age children, this would include other care providers.
  2. An inability to learn which cannot be adequately explained by intellectual, sensory or health factors.
  3. Consistent or chronic inappropriate type of behavior or feelings under normal conditions.
  4. Displayed pervasive mood of unhappiness or depression.
  5. Displayed tendency to develop physical symptoms, pains or unreasonable fears associated with personal or school problems.

A student with EBD is a student who exhibits one or more of the above emotionally based characteristics of sufficient duration, frequency and intensity that it/they interfere(s) significantly with educational performance to the degree that provision of special educational services is necessary. The student’s difficulty is emotionally based and cannot be adequately explained by intellectual, cultural, sensory or general health factors.

 

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WIOA California

Training Programs and Colleges Links

Possible vocational training programs and colleges to assist individuals with disabilities to acquire the skills needed to enter a career and/or improve their productivity.

The State of California accepts no responsibility for the content or accessibility of the external websites or external documents linked to on this website.

AmeriCorps – Do your clients need training and experience? Offer them AmeriCorps! AmeriCorps is the domestic Peace Corps and is eager to receive applications from persons with disabilities. They can work right here in their own community making important and lasting changes and improvements while gaining experience, training, & a stipend.

Back to College (main page) – excellent resources for re-entry students or individuals considering career changes.

Back to College – Tutoring available on line, multiple links.

Bureau for Private Postsecondary and Vocational Education

California Department of Motor Vehicle test online – sample Department of Motor Vehicle test on line.

California State University – Links to all CalState campuses can be found at this website. The following are just a few.

California Postsecondary Education Commission (Consumer Choice)

ChannelOne.com – links for college search and ratings, financial aid, and entrance exam preparation sites. Over 250 instructor led courses offered on-line by schools such as UCLA Extension, University of San Diego, and more.

Colleges and University in California – links to all Community Colleges, University of California, California State University, California Department of Education, California Post-secondary Education Commission, Association of Independent California Colleges and Universities.

University of California – Links to all UC campuses can be found at this website. The following are just a few.

Intellectual Developmental Disabilities

 

Intellectual Developmental Disabilities refers to significantly subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior that adversely affect educational performance and is manifested during the developmental period.  This is usually characterized as a Full Scale IQ below 75, with greater diagnostic emphasis on Activities of Daily Living (ADL’s).

Most individuals measured in this range are diagnosed with Mild Intellectual Developmental Disability.

SouthEast Vocational Experts have extensive experience working with Developmental disabilities.

 

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Online Resources:

Online Resources:

South Carolina WIOA – IDEA Transition Assessments

 The Workforce Innovation and Opportunity Act (WIOA) was implemented in 2015 and replaces the Workforce Investment Act (WIA). The purpose of WIOA is to better align the workforce system with education and economic development in an effort to create a collective response to economic and labor market challenges on the national, state and local levels.

SouthEast Vocational Experts provide Comprehensive Transitional Evaluations. Do not settle for the one sized fits all that many school and Governmental systems want to provide, that are build to be cheap and quick!

SouthEast, LLC specializes in Forensic Mental Health Evaluation as well as Neuro-Cognitive Evaluations and this is the corner stone for WIOA Transitional Vocational Evaluations.

WIOA requires coordination and alignment of key employment, education and training programs and builds on proven practices such as sector strategies, career pathways, regional economic approaches and work-based training.

What’s important about these evaluations with children that are from inner city schools or in the justice system is they often have Undiagnosed Mental Health Issues as well as Undiagnosed Learning Disabilities.

Services under WIOA target disconnected youth who are subject to the juvenile or adult justice system; youth who are homeless, runaways, in foster care or aged out of such care, pregnant or parenting; or who have a disability. Youth who are out of school, low income and who are also basic skills deficient, English language learners, or who need additional assistance to enter or complete an educational program or secure or hold employment are also eligible for services under WIOA.

Additional services under WIOA include assessments of students who are on an IEP and are of the age where vocational and transition assessments are required.  SouthEast, LLC works with families and attorneys practicing education law to determine whether the vocational and transition objectives outlined in the student’s IEP are appropriate and, if not, make suitable academic, vocational and transition recommendations. CRC Services also works with school systems to complete the vocational and/or transition assessments, providing suitable recommendations to be outlined in the student’s IEP in preparation for post-secondary education or employment.

Team SouthEast  is trained to work with community agencies such as America’s Job Centers, correctional facilities, and adult education programs to serve not only at risk youth, but also conduct vocational assessments of adults with and without disabilities under this Act to better prepare individuals for seeking employment in the local labor market.

SouthEast, LLC Services is committed to assisting at risk youth, students, and disabled and non-disabled adults by conducting thorough vocational and transition assessments. These assessments include a review of relevant academic and medical records, interview, administration, scoring and interpreting vocational testing, career exploration, and conducting labor market research in preparation for determining suitable academic, vocational and transitional plans

IDEA Evaluations Transitional Evaluations

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