AB - # 97 Revision Date: October 7, 2015 Retroactive to July 1, 2015 ACTION BULLETIN TO: All Career Readiness Youth Providers DATE: October 7, 2015 SUBJECT: Workforce Innovation and Opportunity Act (WIOA) Youth Program Transition References: Workforce Services Directive WSD15-03 WIOA Youth Program Requirements issued September 16, 2015 WIOA (Pub.L.113-128) Title I, Sections 3, 107, 116, 123, 128 and 129; Title 2 CFR WIOA NPRM, Sections 681 and 683.215 TEGL No. 19-14, Vision for the Workforce System and Initial Implementation of the Workforce Innovation and Opportunity Act; TEGL No. 23-14, Training and Employment Guidance Letter WIOA Operating Guidance for the Workforce Innovation and Opportunity Act (referred to as WIOA or the Opportunity Act) Purpose of Bulletin: The purpose of this bulletin is to provide guidance and planning information to recipients of Workforce Investment Act (WIA) Title 1 PY 2014/15 youth formula funds on the activities associated with the implementation and transition to Workforce Innovation Opportunity Act (WIOA) youth formula funding in PY 2015/2016 effective July 1, 2015. WIOA replaces WIA and will be in effect for the next five years (2015-2020). WIOA outlines a broader youth vision that supports an integrated service delivery system and provides a framework through which states and local areas can leverage Federal, State, Local and philanthropic resources to support In-School Youth (ISY) and Out-Of-School Youth (OSY). WIOA affirms the Alameda County Workforce Investment Board s (ACWIB) commitment to providing high quality services for all youth and young adults, beginning with assessments, career exploration and guidance, continued support for educational attainment, opportunities for skills training, internships, and culminating with a good job along a career pathway, enrollment in post-secondary education, or a Registered Apprenticeship.
Page 2 Background: WIOA was signed into law by President Obama on July 22, 2014. WIOA supersedes the Workforce Investment Act of 1998, and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973. In general, the Act takes effect on July 1, 2015, the first full program year after enactment, unless otherwise noted. Operational implementation of the WIOA youth program begins on July 1, 2015, with all provisions taking effect July 1, 2016. The Program Year (PY) 2015 WIOA youth Formula funds that was distributed in April 2015 is for preparation and programmatic activities for WIOA youth program implementation on July 1, 2015. The Alameda County Workforce Investment Board (ACWIB) approved Youth Providers to conduct the Career Readiness Program (CRP) education and employment services for Out-of- School and In-School youth at their March 13, 2014 meeting (service contracts may be renewed up to two additional years if State funding is available). The ACWIB CRP design allows for alignment with WIOA youth services by offering Service Enhancement Activities for career pathway activities, special internships, summer activities, apprenticeships, mentoring, education and training and/or developing relationships with employers on a year around basis. CRP programs support ISY 16-18yrs and OSY 19-24yrs and affirms the WIB s commitment to providing high-quality services for all youth and young adults, beginning with career exploration and guidance, continued education attainment, opportunities for skills training and in-demand industries and occupations, such as pre-apprenticeships or internships, and culminating with a good job along a career pathway, enrollment in post-secondary education or a registered Apprenticeship. Notably, WIOA shifts the primary focus of Title 1 youth formula programs to support the educational and career success of Out-of-School youth (OSY). Action: 1. Basic Eligibility Requirements Prior to Enrollment Youth Provider must work with the potential participant to determine eligibility, and complete required WIOA forms. If service provider determines the individual is eligible for WIOA and plans to enroll the individual into CRP services, service provider is required to administer, within 60 days of application/participation, a math and reading Pre- Appraisal and Pre-Test assessment for all out-of-school (disconnected) youth to continue with enrollment process into WIOA services. This academic skill assessment is used to establish the participant s grade level aptitude in the areas of reading and mathematics. Assessment results also help to determine additional barriers for WIOA eligibility (Basic Skills Deficiency) and help create the participant s Individual Service Strategy (ISS). In addition Post-test scores must be (administered) within 1 year of the participation date or prior to closure and compared to pre-test scores to determine if literacy/numeracy has increased one or more Education Functional Level (EFL).
Page 3 Additional forms must be completed and/or entered into the ACWIB case management information system by the provider and printed for the case file. All documents must be signed, where applicable, and kept in the case file including electronic documents. Youth Providers will make their own determination who is eligible for WIOA service activities for ISY and OSY and must have their own written agency policies in place to determine selection criteria for Individual Training Accounts (ITA s), Pre-Apprenticeship, Summer Internships (Paid or Unpaid) and/or enrollment into sector/industry trainings. Eligible WIOA Participants The WIOA Section 129(a)(1) provides new eligibility criteria for the WIOA youth program. To be eligible to participate in the WIOA youth program, an individual must be an out-of-school (OS) youth or an in- school (IS) youth. Youth enrolled beginning July 1, 2015 must meet the new eligibility criteria. On July 1, 2015, all WIA youth participants who were enrolled under the WIA youth program, and actively participating, must be grandfathered into the WIOA youth program, even if the participant would not otherwise be eligible for WIOA. Local youth programs are not required to complete an eligibility re-determination if the participant has been determined eligible and enrolled under WIA. Furthermore, these participants must be allowed to complete the WIA services specified in their individual service strategy. Additional guidance will be issued to provide more detail on the new eligibility criteria as it is released by the Department of Labor. OS Youth Eligibility In order to receive services as an OS (disconnected) youth, an individual must meet the following eligibility criteria: 1. Not attending any secondary or post-secondary school (not including adult education, YouthBuild, or JobCorps) 2. Age 16-24 years old 3. One or more of the following barriers: a. A school dropout. b. A youth who is within the age of compulsory school attendance, but has not attended school for at least the most recent complete school year calendar quarter. (Note that, school year quarter is defined by the local school district calendar). c. A recipient of a secondary school diploma or its recognized equivalent who is a lowincome individual and is either basic skills deficient or an English language learner. d. An individual who is subject to the juvenile or adult justice system. e. A homeless individual, a runaway, an individual who is in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act, or an individual who is in an out-of-home placement. f. An individual who is pregnant or parenting. g. An individual with a disability.
Page 4 h. A low-income individual who requires additional assistance to enter or complete an educational program or to secure or hold employment. (Reference: WIOA Section 129[a][1][B]) A youth participant s eligibility is determined at intake; therefore, the youth remains eligible for youth services until exited. For example, an individual who is an OS youth at time of enrollment and is subsequently placed at an alternative school, or any school, is still considered an OS youth. Additionally, an individual who is an OS youth and between the ages of 16-24 at the time of enrollment, and is now beyond the age of 24, is still considered an OS youth until exited. Definitions For the purposes of this directive, the following definitions apply: School - any secondary or post-secondary school (20 CFR NPRM Section 681.230). Attending School - An individual is considered to be attending school if the individual is enrolled in secondary or post-secondary school. These include, but are not limited to: traditional K-12 public and private, and alternative (e.g., continuation, magnet, and charter) schools. Not Attending School - an individual who is not attending a secondary or post-secondary school (NPRM Preamble page 20732) *An individual who is enrolled in adult education, YouthBuild, or Job Corp is not considered to be attending school (20 CFR NPRM Section 681.230). School dropout - an individual who is not attending school, and who has not received a secondary school diploma or its recognized equivalent Alternative school - An alternative school is a type of school designed to achieve grade-level (K-12) standards and meet student needs (EC Section 58500). Examples of alternative schools include, but are not limited to: continuation, magnet, and charter schools. If the youth participant is attending an alternative school at the time of enrollment, the participant is considered to be in-school. IS Youth Eligibility In order to receive services as an IS (connected) youth, an individual must meet the following eligibility criteria: 1. Attending school, including secondary and post-secondary schools 2. Age 14-21 years old 3. Low income individual 4. Meets one or more of the following barriers: a. Basic skills deficient. b. An English language learner. c. An offender.
Page 5 d. A homeless individual, a runaway, an individual who is in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act, or an individual who is in an out-of-home placement. e. Pregnant or parenting. f. Individual with disability. g. An individual who requires additional assistance to complete an educational program or secure and hold employment. (Reference: WIOA Section 129[a][1][C]) A youth participant s eligibility is determined at intake; therefore, the youth remains eligible for youth services until exited. For example, an individual who is an IS youth and between the ages of 16-21 at the time of enrollment, and is now beyond the age of 21, is still considered an IS youth until exited. Note that, the definition of low income under WIOA is expanded to include youth who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, and youth who live in a high-poverty area (Title 20 CFR NPRM Sections 681.250[d] and 681.260). 3. Additional WIOA Eligibility - Youth enrolled beginning July 1, 2015 must meet the new eligibility criteria provided in WIOA. On July 1, 2015, all WIA youth participants who were enrolled in the WIA youth program during PY 2014/2015, and are still actively participating must be grandfathered into the WIOA youth program, even if the participant would not otherwise be eligible for WIOA. WIA participants must be allowed to complete the WIA services specified in their individual service strategy. Additional guidance for eligibility criteria are: a. Youth resides within the Workforce Investment Area (Alameda County excluding the City of Oakland); b. Has one or more of the following barriers: Basic Skill Deficient, Homeless/Runaway or Foster Youth, Offender, an individual with a Disability, High School Drop-out, At Risk of Dropping Out of School; and/or Pregnant or Youth Parent; c. Must be informed of the Fourteen (14) Program Elements - WIOA section 129(c)(2), which include the original 10 program elements under WIA (which have been consolidated to nine as the summer employment opportunities program element is now a sub-element under paid and unpaid work experiences) and five new program elements. The five new program elements are: 1) Financial Literacy Education; 2) Entrepreneurial Skills Training; 3) Services that provide Labor Market and employment information about in-demand industry sectors or occupations available in the local areas; 4) Activities that help youth prepare for and transition to Post-Secondary education and 5) Training and Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster. 4. Work Preparation and Work-Based Opportunities CRP Youth Providers shall offer a continuum of work-based learning opportunities that are varied, as well as age and developmentally appropriate. These experiences should be used to assist youth to develop
Page 6 soft skills, gain work experience and to influence their decisions about career choice. All work preparation and work-based learning services should lead to one or more of the following outcomes: Literacy and numeracy skill gains that assist in the attainment of employment goals; Occupational skill certificates; and/or Preparation for and placement in employment, postsecondary, or advanced training (including apprenticeships). A Connected (in-school) youth may be provided basic year around employment/educational services and a summer component (i.e., paid or non-paid Work Experience or Summer Activities such as participation in a Science, Technology, Education and Mathematics STEM activities). Youth providers must consider their line item budget in regards to cost per for Connected Youth and find that enhanced paid training activities may be limited to youth on caseload. A Disconnected (out-of-school) and/or Older Youth 18-24yrs may be provided basic year around services and may participate in enhanced activities. Again, dependent on the youth providers budget, ACWIB suggests that disconnected youth be able to participate in one or two additional service enhancement activities following a youth provider CRP Case Manager evaluation and referral such as: 1) Individual Training for classroom/certificated trainings (ITA s), 2) Pre-Apprenticeship Opportunities, 3) Summer Internships paid or unpaid work experience (that may include STEM activities) and/or 4) co-enrollments into sector/industry training initiatives. 5. Work Experience Focus- WIOA section 129(c) (4) prioritizes Work Experiences with the requirement that local areas must spend a minimum of 20 percent of non-administrative local area funds on work experience. Youth providers must track funds spent on work experience beginning with PY 2015 Formula funds. While the Department of Labor (DOL) will not have the new WIOA financial report finalized in time for the first quarter of PY2015, local area youth providers should keep track of PY 2015 youth funds spent on work experience for both in-school youth (connected) and out-of-school youth (disconnected) in order to report on these expenditures as soon as the new WIOA financial report is available. Under WIOA, paid and unpaid work experiences that have a component academic and occupational education may include the following categories: a. Summer Employment Opportunities and other employment opportunities available throughout the school year (ACWIB encourages local programs to coordinate work experiences, particularly summer employment, with other youth serving organizations and agencies). b. Pre-Apprenticeship programs; c. Internships and job shadowing; d. On-the-job training opportunities. 6. State Recognized Certificated Training Attainment of a degree or certificate is met when participating youth have attained a high school diploma, GED, or industry recognized
Page 7 credential. The educational or industry recognized credential must be approved by the State Eligible Training Provider Listing (ETPL), state educational or vocational and technical education agencies. WIOA youth (18-24) may be provided basic year around services and may participate in one additional training component following attainment of a high school diploma and/or a GED. Such training services may include: Occupational Skills Training utilizing the ACWIB s assigned youth provider Set-Aside for Individual Training Accounts (ITA s) On-the-Job Training Customized Training Summer Internship Training Programs Private Sector Training Programs; Entrepreneurial Training; Adult Education and Literacy Activities in combination with occupational training; 7. Follow-up Services - Youth providers must provide follow-up services for at least twelve (12) months for all youth regardless of intensity of services, after youth exit the program. These services may include, but are not limited to: - Technical skills training - Peer counseling - Adult mentoring - Crisis intervention - Life skills; and/or - Emergency support to sustain success achieved during program participation These services will help youth ensure that they meet and maintain their career goals and job retention. Documentation of activities must be recorded in the participant s ISS follow-up section. 8. East Bay Works On-Line VOS System All Youth Providers are required to utilize the ACWIB case/data management system. The State CalJobs system is the system of record for the tracking of participants and employers. The CalJobs system will be used in conjunction with ACWIB local participant tracking system Eastbay Works (EBW) Online/VOS system. Youth provider will use the EBW Online (EBWOL) system to track WIOA eligibility, participant and employer registration, service outcomes, and follow-up as well as resumes; job orders; assessments; including basic skills competencies, test scores for youth, employment plans, case notes; activities and customer service. Youth Providers are responsible for tracking and reporting the completion of paid or unpaid service enhancement activities using the ACWIB EBWOL/VOS case management system. For example, if a participant enrolls into the CRP program starting with participation in a summer paid or unpaid activity. Youth providers will need to detail those activities on the
Page 8 WIB s EBWOL/VOS system with start and end dates. Youth Providers may transition the summer participants into continued services with new service activities codes by submitting appropriate information into the EBWOL/VOS system. No recertification of eligibility is required if the participant continues with year-around CRP. In the event the participant completing summer activities and does not wish to continue year-around services, youth provider must close out all service activities and exit the youth out of the program. ACWIB and its service providers shall follow this policy. This policy will remain in effect from the date of issue until such time that a revision is required. Information & Inquiries: For further information and inquiries please contact: Rosario Flores Program Finance Specialist (510) 259-3827 rflores2@acgov.org