California Department of Rehabilitation Comments on Federal Regulations Workforce Innovation and...

California Department of RehabilitationComments on Federal Regulations

Workforce Innovation and Opportunity Act

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California Departmentof Rehabilitation

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• Joe Xavier, Director• Juney Lee, Chief Deputy Director• Office of Legal Affairs

• Kelly Hargreaves• Lisa Niegel• Daisy Hughes• Elizabeth Colegrove• Matt Kruse• Pamela Alameda-Cherry

General Observations of Proposed Regulations

• Mostly, regulations are consistent with WIOA and intent

• Many regulations repeat WIOA and add no guidance

• Many regulations cite to future guidance• Supporting documents, such as 911 Manual,

reflect some restrictions not reflected in regulations

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Preamble

• Invites comments on “significant proposed regulations”

• Some interpretation is not incorporated into regulation

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Non-Federal Share

• What is Match?

• What are Third Party In-Kind Contributions?

Vocational Rehabilitation/Supported Employment/Subminimum Wage 5

Non-Federal Share:Vocational Rehabilitation (VR)

• 34 CFR 361.60 Expenditures must be consistent with the provisions of 2 CFR 200.306(b). Except:• “Third party in-kind contributions specified in

2 CFR 200.306(b) may not be used.”• Contributions by private entities must be in

cash.

Vocational Rehabilitation/Supported Employment/Subminimum Wage

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Non-Federal Share:Vocational Rehabilitation (VR)

• 34 CFR 361.28 Third-party cooperative arrangements involving funds from other public agencies.• (1) Cash transfers• (2) Certified personnel expenditures for the

time staff spent providing direct VR services. May include allocable portion of salary and fringe benefits.


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Non-Federal Share: Older Individuals Who Are Blind (OIB)

• 34 CFR 367.61: Non-Federal contributions must meet the requirements in 2 CFR 200.306.

• 34 CFR 367.63: “In-kind contributions may be used to meet the matching requirement … if the in-kind contributions meet the requirements and are allowable under 2 CFR 200.306.” 8

Miscellaneous VR

Non-Federal Share:Supported Employment

WIOA

“The designated State agency will provide directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services.”

(29 USC 795k(b)(7)(I))

9Vocational Rehabilitation/Supported Employment/Subminimum Wage

Non-Federal Share:Supported Employment

• 34 CFR 363.23(a)(2): Expenditures must be consistent with the provision of 2 CFR 200.306.

• 34 CFR 363.23(b): “Third-party in-kind contributions, as described in 2 CFR 200.306(b), may not be used.”

• 34 CFR 363.23(c)(1): Does not say that contributions by private entities must be cash.


Participant

34 CFR 361.150(a): “Participant” for the purposes of the Vocational Rehabilitation Program is an individual who has an approved and signed Individualized Plan for Employment and has begun to receive services.

Unified and Combined State Plan/Performance Accountability/One-Stop Delivery System 11

Program Exit or Common Exit Approach?

34 CFR 361.150(c): “Exit from Program” for the purposes of the Vocational Rehabilitation Program is when a participant’s record of services is closed because he or she achieved an employment outcome, has not achieved an employment outcome, or has been determined ineligible for services.

Unified and Combined State Plan/Performance Accountability/One-Stop Delivery System

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Effectiveness in Serving Employers

• As one of the new indicators, core programs are required to report on the effectiveness in serving employers. (29 USC 3134.)

• 34 CFR 361.155(d)(6): indicator will be developed in the future.


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Effectiveness in Serving Employers

Approach 1: Measure employee retention rates tied to the employment they obtained after receiving WIOA services.

Approach 2: Measure the repeat or retention rates for employers’ use of the core programs.

Approach 3: Measure the number or percent of employers that are using the core program services out of all employers represented in an area or State served.


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Sanctions• WIOA subjects the each amount the Governor would

reserve for statewide workforce investment activities to a reduction of 5 percent points in the succeeding program year for failure to file a timely report or to meet adjusted performance levels until such date as the Secretaries determine that the State meets its adjusted performance levels or submits its late reports. (29 USC 3134(f).)

• 34 CFR 361.195: Interprets this sanction as a reduction of 5 percent of the maximum available amount for each violation, for a possible total reduction of 10 percent, for the entire immediately succeeding program year.

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Quarterly Reports

34 CFR 361.235: Requires quarterly submission of RSA-911.


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Pre-Employment TransitionServices for Students

Vocational Rehabilitation/Supported Employment/Subminimum Wage17

Student with a DisabilityWIOA

• Student includes an “individual with a disability for purposes of section 504” (29 USC 705)

Proposed Regulation

34 CFR 361.5(c)(51): “is a student who is an individual with a disability for purposes of section 504”

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Reserved Funds for PETS

WIOA

• From State Allotment, reserve at least 15% for providing PETS

• Prohibits use of reserved funds for administrative costs of providing PETS (29 USC 730)

Proposed Regulation

34 CFR 361.65(a)(3):• Reserve at least 15% for

services for PETS under 361.48 (a)

34 CFR 361.65(a)(3):• Prohibits “administrative

costs associated with the provision of (PETS) or any other vocational rehabilitation services” 19


3 Categories of PETS Funded By 15% Reserve

34 CFR 361.48(a):• Five Required Activities• Nine Optional Activities to the extent funds

remain from the 15%• Transition Coordination


Suggestions to Align withWIOA

• Remove “student” from individual with a

disability under 504 in definition;• Specify in regulation and 911 Manual that

required, optional and transition coordination costs are all PETS for which reserved funds are used;

• Correct mistake at end of sentence as adds semi-colon and the word “and.”

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Prohibited Eligibility Factors

34 CFR 361.42(c)(2)(ii): • “The eligibility requirements are applied without

regard to the….• (E) Applicants’ employment history or current

employment status.”

Vocational Rehabilitation/Supported Employment/Subminimum Wage 22

Comparable Services

34 CFR 361.53(a): Consistent with WIOA, includes “accommodations and auxiliary aids and services” as a service that requires a determination of a comparable benefit or service under another program. (29 USC 721(a)(8).)

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Comparable ServicesExemptions

34 CFR 361.53(b): • Cites to 361.48(a), pre-employment transition

services, and not 361.48(b); and

• Does not specify that accommodations and auxiliary aids and services are exempt if needed to provide an exempt service.


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Competitive Integrated Employment

WIOA defines “Competitive Integrated Employment” to include a location where the employee interacts with other persons who are not individuals with disabilities to the same extent that other employees without disabilities in comparable positions interact with other persons. (29 USC 705(5).)

34 CFR 361.5(c)(9): Imposes an additional requirement that the location be “typically found in the community.”


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Supported Employment• WIOA defines “Supported Employment” to include

employment in an integrated setting, in which the individual with the most significant disability is working on a short-term basis toward competitive integrated employment. (29 USC 705(38).)

• 34 CFR 361.5(c)(53): Defines “short term basis” to mean that the individual is reasonably anticipated to achieve competitive integrated employment within six months.


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One-Stop Delivery System 34 CFR 361.305 (d): • (d) “Access” to programs and services means having

either: • (1)program staff physically present at the location;• (2)having partner program staff physically present at

the one-stop appropriately trained to provide information to customers about the programs, services, and activities available through partner programs; or

• (3)providing direct linkage through technology to program staff who can provide meaningful information or services. 27


One-Stop Delivery System

34 CFR 361.505: • “…Local Board (with the agreement of the

chief elected official) may enter into separate agreements between each partner or groups of partners.”

Unified and Combined State Plan/Performance Accountability/

One-Stop Delivery System

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Commenting on the Notices of Public Rulemaking by June 15, 2015

• Electronically: http://www.regulations.gov

• In Person: RSA Public Hearing: May 20, 2015 1:00-

5:00 PM, 721 Capitol Mall, room 242, Sacramento, California or hand-delivery to USDOE and US DOL

• By Postal Service or Commercial Mail to USDOE or US DOL

Include NPRM docket number 29

Tips from Federal Agencies on Commenting on Regulations

• Be timely: The deadline to submit is June 15, 2015 at 11:59 EDT.

• Comment by specific NPRM package• Suggest alternative language if you disagree.• For more info go to www.regulations.gov

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http://www.regulations.gov/

We Want Your Input

• Have You Identified Any Additional Issues Regarding Pending Regulations?

• Do You Support DOR’s Approach and Plan for Commenting on the Proposed Regulations?

• Let us know now or email us at [email protected].

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mailto:[email protected]

Other Resources

www.dor.ca.gov

“WIOA Information.”

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http://www.dor.ca.gov/

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