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THE WORKFORCEINVESTMENT ACT PROGRAM

TECHNICAL ASSISTANCE MANUAL

EMPLOYMENT AND WORKFORCE

DEVELOPMENT

DIVISION

Technical Assistance Unit

Revised October 2006

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Table of contents

I Department of Labor & Workforce Development Mission

Department of Labor & Workforce Development Goals . . . . . . . .6Department of Labor & Workforce Development Values . . . . . . .6Department of Labor & Workforce Development Vision . . . . . . .6 Introduction to the Workforce Investment Act Programs . . . . . . . 7Other Program (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Older Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Employer Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12A Customer-Focused System . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Service Requirements forA) Adult and Dislocated Workers . . . . . . . . . . . . . . . . . . . 14B) Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Managing the Workforce Investment Act

A) State and Local Workforce Investment Boards . . . . . . . 16B) Youth Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16C) Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

D) Statewide Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17E) Programmatic and Financial Monitoring . . . . . . . . . . . . 17F) Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

II Basic Workforce Investment Act Participant Eligibility Criteria

A) Adult Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20B) Youth Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21C) Dislocated Workers Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . 22

D) Other Eligibility Requirements . . . . . . . . . . . . . . . . . . . . . . . . 23E) Workforce Investment Income Guidelines . . . . . . . . . . . . . . . 24F) General Overview of WIA Service Delivery . . . . . . . . . . . . . . 25G) Workforce Investment Act Services . . . . . . . . . . . . . . . . . . . . 26

A) Core Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26B) Intensive Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27C) Training Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

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III Individual Training Accounts (ITA’s)

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29ITA Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Accessing ITA’s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Pell Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

IV State Performance Measures & Common Measures

A) Adult Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

B) Dislocated Worker Program . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

C) Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

D) Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

E) Table for State Performance Indicators & Goals . . . . . . . . . . . . 33

F) Background for the Common Measures at TDOL &WFD . . . . 34

V Youth Councils

Purpose of the Youth Council . . . . . . . . . . . . . . . . . . . . . . . 36Youth Goals Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Youth Council Membership . . . . . . . . . . . . . . . . . . . . . . . . . 38Duties & Responsibilities of the Youth Council . . . . . . . . . 39Ten Required Program Elements of the Youth Council . . . 40

VI Selection of Eligible Training Providers under the Workforce

Investment Act of 1998

Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42Scope of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43Identification of Eligible Providers . . . . . . . . . . . . . . . . . . . 45Initial Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

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Maintaining Provider Eligibility . . . . . . . . . . . . . . . . . . . . . 46Performance Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Subsequent Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

VII Enhanced Consolidated Management and Tracking System (E-CMATS)

Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Accessibility of Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

File Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

VIII Supportive Services

Flexibility in the Provision of Supportive Services . . . . . . . . . . . . 52

IX WIA Statement of Policy

A) Workforce Investment Act. Of 1998 Statement ofPolicy/Non-Discrimination & E.O. Provisions . . . . . . . . . . . . . 54

B) Laws-Regulations and State Policies governing the Programsunder the Workforce Investment Act of 1998 . . . . . . . . . . . . . . 58

X Equal Opportunity Compliance

A) Section 188 of the Workforce InvestmentAct—See section XV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

B) 29 CFR Part 37-Nondiscrimination & Equal OpportunitySee Regs. at the TDOLWFD Website . . . . . . . . . . . . . . . . . . . . . 59

C) EQUAL OPPORTUNITY State Policy Memoranda . . . . . . . . .59

D) Appropriate EQUAL OPPORTUNITY is the Law Posters(English) & (Spanish) (Links) . . . . . . . . . . . . . . . . . . . . . . . . . . 59

E) Posters of General Applicability . . . . . . . . . . . . . . . . . . . . . . . . 60

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F) Special Interest Posters for Federal Funds Recipients . . . . . . . . 60

G) EQUAL OPPORTUNITY Complaints Log . . . . . . . . . . . . . . . 60

H) Federal Complaint Forms (English) & (Spanish) . . . . . . . . . . . 60

I) Complaint Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

XI America’s Service Locator and the Toll Free Helpline . . . . . . . . .61

XII How to Access Title I Services through the Career CenterSystem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

XIII Glossary of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

XIV AttachmentsSummary of State WIA PoliciesUSDOL’s Common Measures Policy – TEGL 17-05Section 188-NondiscriminationWARN Notification Process and OverviewLWIA MapsLetters from Regional AdministrationWIA Funding Streams

XV WIA Contacts

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Tennessee Department of Labor & Workforce

Development

I. Employment & Workforce Development Division

OUR MISSION

The mission of the Division is to provide leadership, guidance, and

technical assistance to the workforce development system so it will

improve the economic prosperity of Tennessee’s workforce.

OUR GOAL

Our goal is to bring together Tennessee Workers and Employers in asafe, profitable workplace. We do this through a wide range of

programs offering everything from adult education programs to

retraining opportunities for workers who have lost their jobs to

professional job applicants seeking a career change. The Tennessee

Career Centers are where employers and job seekers come together.

Employers can access job information, explore tax credits and have

qualified job applicants referred to their companies.

OUR VALUESTo treat each worker, business and partner with Professionalism,

Dignity and Respect.

OUR VISION

To be the # 1 ranked State Workforce Development Organization in the

nation.

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Introduction to the Programs under the Workforce

Investment Act of 1998

The Workforce Investment Act of 1998 provides the framework for aunique national workforce preparation and employment system designed

to meet both the needs of the nation’s businesses and the needs of jobseekers and those who want to further their careers. Title I of thislegislation is based on the following elements:

Training and employment programs must be designed andmanaged at the local level—where the needs of businessesand individuals are best understood.Customers must be able to conveniently access theemployment, education, training, and information servicesthey need at a single location in their neighborhoods.Customers should have choices in deciding the training

program that best fits their needs and the organizations thatwill provide that service. They should have control overtheir own career development.Customers have a right to information about how welltraining providers succeed in preparing people for the jobmarket. Training providers will furnish information on theirsuccess rate.Businesses will provide information, leadership, and play an

active role in ensuring that the system prepares people forcurrent and future jobs.

The Act builds on the most successful elements of previous Federallegislation. Just as important, its key components are based on local andstate input and extensive research and evaluation studies of successfultraining and employment innovations over the past decade.

The law makes changes to the current funding streams, target populations,systems of delivery, accountability, long-term planning, labor marketinformation system, and governance structure. This guide book will detailthese issues with a focus on program operations for the AdministrativeEntities who receive the Title I funds.

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Title I authorizes the Workforce Investment System. A State WorkforceDevelopment Board has been established and the State’s five-yearstrategic plan has been developed. The Governor designates localworkforce investment areas and oversees the local workforce investment

boards. Youth councils have been set up as a sub-group of the local boards to guide the development and operation of youth programs.

Customers will benefit from a Career Center Delivery System where theycan access core employment services and be referred directly to jobtraining, education, or other services.

Title I requires that standards for success be established for organizationsthat provide training services (see Eligible Training Providers list) andoutlines a system for determining their initial eligibility to receive funds.It establishes the funding mechanism for states and local areas, specifies

participant eligibility criteria, and authorizes a broad array of services for

youth 14-21 years of age, adults, and dislocated workers. It alsoauthorizes certain statewide activities and a system of accountability toensure that customer needs are met. Also authorized are a number ofnational programs—the Job Corps; Native American programs; Migrantand Seasonal Farm Workers programs; Veterans Workforce InvestmentPrograms; Youth Opportunity Grants for high poverty areas; Technicalassistance efforts to states and local areas; demonstration, pilot, and otherspecial national projects; programs evaluations; and, National EmergencyGrants.

Title II re-authorized Adult Education and Literacy Programs for fiscalyears 1999-2007.

Title III amends the Wagner-Peyser Act to require that EmploymentService/Job Service activities become part of the Career Center Systemand establishes a national employment statistics initiative. It requireslinkages between the Act’s programs and the Trade AdjustmentAssistance and North American Free Trade Agreement TransitionalAdjustment Assistance Programs. It establishes a temporary “Twenty-

First Century Workforce Commission” to study issues relating to theinformation technology workforce in the United States.

Title IV re-authorized Rehabilitation Act programs through fiscal year2003 and linked these programs to state and local workforce developmentsystems.

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Title V contains general provisions that include authority for state unified plans relating to several workforce development programs, incentivegrants, for states exceeding negotiated performance levels under theWorkforce Investment Act., Adult Education Act, Perkins VocationalEducation Act, and transition provisions.

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Other Program (s)

Senior Community Service Employment Program

(Older Workers)

Senior Employment Services Coordination Plan

SCSEP Equitable Distribution Report

Boomer Careers http://www.state.tn.us/labor-wfd/boomer/

Program Overview

The Senior Community Service Employment Program (SCSEP), fundedunder Title V of the Older Americans Act, serves persons with low incomes

who are 55 years old or over and have poor employment prospects. The program has two purposes: to provide useful community services and tofoster individual economic self sufficiency through training and job

placement in unsubsidized jobs. Services provided include:

Average 20 hours a week of part-time employment incommunity service assignments

job training and related educational opportunitiesopportunities for placement into unsubsidized jobs

Community service assignments include the following activities:

social, health, welfare, and educational services(particularly literacy tutoring)personal assistance, including tax counseling andassistance and financial counselinglibrary, recreational, and other similar servicesconservation, maintenance, or restoration of naturalresourcescommunity betterment or beautificationanti-pollution and environmental quality effortsweatherization activitieseconomic development; andSuch other services essential and necessary to thecommunity as the Secretary of the Department ofLabor, by regulation, may prescribe.

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The Code of Federal Regulations for the Senior Community ServiceEmployment Program is:

20 CFR Part 641

Senior Community Service Employment Program

Title V State & National Contractors

Adrienne Walker, Title VProject DirectorSenior Service AmericaFamily Investment Center400 Harriet Tubman St. #207

Knoxville, TN 37915865-403-1286 FAX [email protected]

Cindy CrutchfieldProject DirectorSenior Service America1000 Newby StreetChattanooga, TN 37402-2799423-755-6123 FAX 755-6125

[email protected]

Jacqueline Sensabaugh,Title V Project DirectorUpper East TN HDA

TDLWD301 Louis Street, P.O. Box 46Kingsport, TN 37662-0046423-246-6180 FAX 246-1934

[email protected]

John Governor, Project DirectorMid-Cumberland CommunityService AgencyTDLWD531 Metroplex, Suite A200

John TuckerExperience Works116 Foxcross DriveHendersonville, TN 37075-2652615-264-0792 (also fax)

[email protected]

Jane PeoplesExperience WorksFive Rivers Center, Suite 6A6057 W. Andrew Johnson HighwayTalbot, TN 37877Phone: 423-317-1072Cell: 865-567-7846

[email protected]

Betty LockardExperience Works144 Park CircleTrenton, TN 38382-3913731-855-1920

[email protected]

Pamela MorrisProject Director

National Council on AgingSouth Central HRA606 Lee AvenueP.O. Box 638

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Nashville, TN 37211-3140615-333-5412 FAX 620-0052

[email protected]

Ophelia Parks, Project DirectorHardeman County Literacy Council

TDLWD200 Hope Street, P.O. Box 856Bolivar, TN 38008-0856731-658-4106 FAX [email protected]

Virginia H. DonaldsonTitle V Project DirectorUpper Cumberland HRA

TDLWD & NCOA3113 Enterprise DriveCookeville, TN 38506-4281931-528-1127 FAX [email protected]

Polly Byrd, Project DirectorTDLWDEast TN HRA9111 Cross Park Drive, Suite D100

Knoxville, TN 37923-4517865-691-2551 FAX 531-7216

[email protected]

Fayetteville, TN 37334-0638931-433-7182 FAX 438-0074

[email protected]

Melinda Goode Project Director Northwest TN Development District

Senior Service America124 Weldon AvenueP.O. Box 963Martin, TN 38237-0963731-587-4213 FAX [email protected]

Anthony CulverProject Director

Senior Services Inc.TDLWD & SSA4700 Poplar AvenueMemphis, TN 38117-4411901-766-0600 FAX [email protected]

Brenda Head, Project Director National Council on Aging Nashville Resource Center

Nashville, TN 37211615-834-4900 FAX 331-1444

[email protected]

Locate a program near you, please call Louis Stone 741-8777

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Employer Services

The Employer Services Unit coordinates and organizes the Incumbent WorkerTraining Program (IWTP) and is the Department of Labor and WorkforceDevelopment’s contact point for the Governor’s Fast Track Initiative (Executive order

# 15). The IWTP is focused on providing training assistance in the form of employerreimbursement of instructor’s wages, curriculum development, materials, supplies,textbooks, etc. This program has a maximum benefit of $50, 000.00. The Fast trackinitiative is under the direction of the Department of Economic and CommunityDevelopment. Its purpose is to expedite the response to employer’s questions withregard to expansion, new development or relocation. For more Information on any ofthese two programs you can contact Mr. Jim Alford at 615-253-1330.

A Customer-Focused System

The most important aspect of the act is its focus on meeting the needs of businesses forskilled workers and the training, education, and employment needs of individuals. Keycomponents of the Act enable customers to easily access the information and servicesthey need through the Career Center System, and to empower adults to obtain thetraining they find the most appropriate through Individual Training Accounts (ITAs),and ensures that all state and local programs meet customer expectations. The Systemis based on the “One Stop” concept where information about jobs and the access to awide array of job training, education, and employment services are available forcustomers at a single neighborhood location.

Eligible Customers are able to easily:

Receive a preliminary assessment of their skill levels,aptitudes, abilities and support services needs.Obtain information on a full array of employment-relatedservices, including information about local education andtraining providers.Get help filing claims for unemployment insurance and

evaluation eligibility for job training and education programs, or student financial aid.Obtain job search and placement assistance, and receivecareer counseling.Have access to up-to-date labor market information, whichidentifies job vacancies, skills necessary for in-demand jobs,and provides information about local, regional and nationalemployment trends. Through the Career Center System,

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Employers have a single point of contact to provideinformation about current and future skills needed by theirworkers and to list job openings. They benefit from a singlesystem for finding job-ready skilled workers who meet theirneeds.

Each Local Area has established a Career Center Delivery System throughwhich core services are provided and through which access is provided to otheremployment and training services funded under the Workforce Investment Act(WIA) and other Federal Programs. There is at least one Center in each localarea, which may be supplemented by a network of affiliated sites. The operatorsof the local Career Centers are selected by the Local Workforce InvestmentBoard for that area, through a competitive process or designation of consortiathat includes at least three of the mandatory partners as established by the Act to

provide services at the Center.

Accountability

As individuals become empowered to choose the services they require, states,local areas, and providers of those services become more accountable formeeting those needs.

For adults and dislocated workers, the common measures are; a) enteredemployment; b) employment retention; c) and average earnings. The youth

common measures are; a) placement in employment education; b) attainment ofa degree or certificate and c) literacy and numeracy gains,

The Act also requires that training providers meet certain requirements in orderto receive adult and/or dislocated workers funds. There are separaterequirements for initial eligibility and for subsequently maintaining eligibility toreceive funds. Training providers are held accountable for completion rates, the

percentage of participants who obtain unsubsidized jobs and for their wage placement. Training providers also provide information about the cost of their programs.

This information is available to the general public at the Local Career Centers.

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Service Requirements

The Act specifies three funding streams to the states and local areas: adults,dislocated workers and youth (14-21).

A) Adults and Dislocated Workers

The Act authorizes core services (available to all adults with no eligibilityrequirements), which include job search and placement assistance (includingcareer counseling); labor market information (which identifies job vacancies,skills needed for in-demand jobs and local, regional and national employmenttrends); initial assessment of skills and needs; information about availableservices; and some follow-up services to help customers keep their jobs oncethey are placed. Section 134(d) (B) (2).

The Act authorizes intensive services to include more comprehensiveassessments, development of individual employment plans, group and individualcounseling, case management, and short term pre-vocational services.

Section 134(d) (B) (3).

In cases where qualified customers receive intensive services and are still notable to find jobs, they may receive training services, which are directly linked to

job opportunities in their local area, or an area where they are willing to relocate.These services may include occupational skills training, on-the-job training,entrepreneurial training, skill upgrading, job readiness training, and adult

education and literacy activities in conjunction with other training. Section134(d) (B) (4)

B) Youth

Eligible youth are to be prepared for post secondary educational opportunities oremployment. Programs link academic and occupational learning. Service

providers have strong ties with employers. Programs must also include tutoring,study skills training and instruction leading to completion of secondary school(including dropout prevention); Alternative school services; mentoring by

appropriate adults; paid and unpaid work experience (such as internships and jobshadowing); occupational skills training; leadership development, andappropriate supportive services. Youth participants also receive guidance andcounseling, and follow-up services for at least one year, as appropriate.

Programs must provide summer employment opportunities linked to academicand occupational learning. The mix of year round and summer activities is leftto local discretion. Section 129 (c) (C) (2)

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Managing the Workforce Investment Act

Several new features and/or changes are included with the re-authorization ofthe Workforce Investment Act to ensure the full participation of business, labor,and community organizations in designing and ensuring the quality of the new

workforce investment system. These may include the re-formulation of theState, and Local Boards and the Youth Councils. The process of long termstrategic planning also will be affected.

A) State and Local Workforce Boards

Each State has established both State and Local Workforce Investment Boardsto implement the state initiatives and workforce system processes in accordancewith the Workforce Investment Act of 1998. The State Workforce DevelopmentBoard advises the Governor on strategies used to develop the statewide

workforce investment system and a statewide labor market information system.The State Workforce Development Board serves as an advisory and policycouncil, providing assistance to the Governor with the development of the five-year strategic plan.

This strategic plan is used to describe statewide workforce developmentactivities, and explains how the requirements of WIA will be implementedthroughout Tennessee. The strategic plan also provides an overview of howLocal Employment Service/Job Service activities fit into the actual servicedelivery structure of the workforce development system. The strategic plan issubmitted to the Secretary of Labor for approval.

The composition of the State Workforce Development Board consists of thirty-six (36) members appointed by the Governor. Those individuals, who obtainappointments, represent key stakeholders within the state’s workforcedevelopment system. The membership of Board is in accordance with therequirements of Title VII of the Job Training Partnership Act Amendments of1992, 29 U.S.C. 1792 et seq. State Board membership is inclusive of:

•

State Agency heads responsible for the administration of WorkforceDevelopment Programs which include the Commissioners of the TennesseeDepartment of Education, Human Services, Labor, Economic andCommunity Development, and Employment Security;

• Representatives from business and industry; representatives from organizedlabor; representatives from local public education, postsecondary educationand secondary or postsecondary vocation education; and representatives ofcommunity-based organizations;

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• The Board may also include representatives from the State legislature, localgovernment, State and local workforce development programs, and thosewith special knowledge with respect to special education and careerdevelopment needs of hard-to-serve individuals.

The chairperson of the Board is a private sector employer, and this individual is

appointed by the Governor. The administering agency of the Board is theTennessee Department of Labor and Workforce Development (TDLWD). Theoverall mission of the Board is to provide effective leadership and guidance toTennessee’s workforce development system.

Local Workforce Investment Boards, in partnership with Local Chief ElectedOfficials, administer the local workforce development system. The local boardis appointed by the LCEO to assist with the establishment of localinfrastructures, operational and programmatic protocols, and workforce

development policy ensuring the implementation of WIA at the local level.Local plans are submitted annually for the governor’s approval. These local plans provide an overview of the local workforce development initiatives.

Local boards designate Career Center operators and identify providers oftraining services. Once an eligible training provider is designated, the local

board, following the guidance set by the state, is responsible for the training provider’s certification. Local workforce boards monitor local workforce system performance levels against established performance measures with the StateBoard and the Governor. Local workforce boards identify the economic

development needs for the community and develop strategies to address thoseneeds.

In accordance with WIA Section 117 (b), the majority of local workforce boardmembership must be represented by businesses from the local workforce area.These local businesses are required to have employment opportunities thatreflect the demand occupations within the local workforce area. These businessrepresentatives are individuals who are owners, chief executive officers, chiefoperating officers, or other individuals with optimum policy-making or hiring

authority.

Local boards are chaired by a business representative. It is required that local business organizations and business trade organizations nominate theseindividuals. Other local board membership representation is inclusive of two ormore representatives from the following categories:

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• Local educational entities selected from nominations by regional or localeducational agencies

• Labor organizations nominated by local labor federations

• Community based organizations

• Economic development organizations

• Others as deemed appropriate by the local chief elected official

It is also a required that local board membership is inclusive of Career Centersystem partners. All local workforce boards must adhere to the abovecomposition requirements in order to be approved for recertification. Thegovernor recertifies local workforce boards every two years.

B) Youth Councils

Youth Councils were appointed as a subgroup of the Local Boards to develop parts of the local plan relating to the youth and youth program, recommend providers of youth services, and coordinate local youth programs and initiatives.

C) Funding

The Workforce Investment Act authorizes three funding streams: Adults,Dislocated Workers, and Youth. Eighty-five percent of Adult and Youth fundsare allocated to local areas; 15% is reserved for statewide activities. For Youth,

funds appropriated in excess of $1 billion (up to 250 millions) are used by theUnited States Department of Labor to fund Youth Opportunity Grants. For theDislocated Workers program, 65% of the total allotments are distributed to localareas, 10% of the funds are reserved for statewide activities and 25% arereserved for Rapid Response efforts.

D) Statewide Activities

The state retains 15% of the federally funded allocations for statewide activitiesfrom the Youth, Adults, and Dislocated Workers funding streams. Of the 15%

set aside funds, 5% is applied toward administration with the remaining 10%going to statewide programs. Statewide programs include: dissemination of thestatewide list of certified eligible training providers, including eligible providersof non-traditional training services, information identifying eligible providers ofon-the-job training and customized training, performance information, programcost information, conducting evaluations in coordination with the activitiescarried out under Section 172; providing incentive grants to local areas forregional cooperation among local boards for local coordination of activities

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carried under the Act, and for exemplary performance the local areas on the performance measures; providing technical assistance to the local areas that failto meet local performance measures and assisting in the establishment andoperation of one-stop delivery systems; operating an enhanced consolidatedmanagement activity and tracking system, E-CMATS) and maintaining a fiscalactivity management account information system. In addition, statewide funding

is used for pilot or demonstration projects (e.g. Skills Shortage DemonstrationProjects), research, development and training of staff and the development ofexemplary program activities, incumbent worker training programs whichinclude the establishment and implementation of an employer loan program toassist in skills upgrades.

E) Programmatic and Financial Monitoring

Another goal of the Employment and Workforce Development Division is towork closely with the Local Workforce Investment Areas, the TechnicalAssistance unit, and the Monitoring Unit from the Fiscal Services Division ofthe Department of Labor & Workforce Development for purposes ofdetermining sub-recipient compliance with the requirements of WIA Title I,applicable state and federal laws and regulations, and WIA stated results andoutcomes. Reviews are conducted to ascertain if internal controls, over financialmanagement and accounting systems are adequate to account and safeguard

program funds in accordance with state and/or federal requirements.

The review process begins with a hardcopy letter with at least thirty (30) days

prior notice of the Program Accountability Review (PAR) and financial reviewof your organization’s contract(s) and its activities. You may be asked completecertain desktop review instruments before the review team arrives onsite; andthe review itself will involve the scheduling of entrance and exit conferences,the collection of program and financial information as requested by the PARreview team. During the post-review process, PAR will deliver its final reviewreport which indicates the need for improvements and Technical Assistance. ACorrective Action Plan is required if deficiencies and /or instances of non-compliance are observed by PAR.

Our objective is to help you ensure full compliance with the WIA and relatedstate and federal laws and regulations. To this end, we have identified amonitoring liaison and point of contact that takes questions and obtain answersin a timely manner.

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F) Technical Assistance

Another goal of the Employment and Workforce Development division throughthe Technical Assistance Unit is to provide clear, concise and timely technicalsupport to those responsible for providing service delivery at the local level.You may contact technical assistance at 1-800-255-5872.

Each local area is assigned a point of contact to serve as a clearinghouse ofinformation. This point of contact will take questions and obtain answers fromexperts within the Department.

The Tennessee Department of Labor and Workforce Development also offertechnical assistance through our web page, www.state.tn.us/labor-wfd/et.html.

Additional information regarding workforce development issues are listed in theattachments/appendixes section.

Additional Technical Assistance information is obtained

through these Federal websites:

The Sar Levitan Center for Social Policy Studies At Johns Hopkins University'sInstitute for Policy Studies

www.Levitan.org

New York Association of Training and Employment Professionals

www.nyatep.org

John J. Heldrich Center for Workforce Development

www.heldrich.rutgers.edu/youth

National Youth Employment Coalition

www.nyec.org

US Workforce

www.doleta.gov/usworkforce/

National Governors’ Association

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www.nga.org

U. S. Department of Labor

www.dol.gov [Search for Youth]

Tennessee Department of Labor and Workforce Development

www.state.tn.us/labor-wfd/youth

Career Voyages

www.careervoyages.gov

Workforce Tools

www.workforcetools.org

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II. Basic Workforce Investment Act Participant

Eligibility Criteria

It is the purpose of this Act to establish programs to provide employment and

training opportunities to adults, youth and dislocated workers who can benefitfrom and who are most in need of such opportunities. In addition, efforts aremade to develop programs which contribute to occupational development,upward mobility, development of new careers, and opportunities for non-traditional employment. These efforts increase employment and earnings,educational and occupational skills, decrease welfare dependency, improve thequality of the workforce and enhance productivity and the competitiveness ofthe state and the nation as a whole.

A) Adult Eligibility

All adults 18 and over are eligible to receive WIA services. In the event thatfunds allocated to a local area for the adult program are limited *, priority isgiven to recipients of public assistance and other low-income individuals.

*Limited funding in a LWIA is defined as 75% expenditure rate before the

end of the third quarter of that program year.

The services to be provided are:

Core Services

Intensive Services

Training Services

Note: The question “who is eligible for training” is dependent on the followingconditions: (20CFR 663.310)

The individual employment plan developed for the

customer after providing core services and intensiveservicesThe funding availability for the areaThe criteria developed by the LWIA to target the mostin need for training services

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B) Youth Eligibility

WIA eligible are individuals that meet the following criteria:

Ages 14-21Low Income (Up to 5 percent of the funds allocated to

a local workforce area may be used for youth that donot meet the income criterion.)

And one of the following:Deficient in basic literacy skillsSchool dropoutHomeless, a runaway, or a foster childPregnant or a parentOffenderRequires additional assistance to complete aneducation program or to secure employment (asdefined in the LWIA’s plan)

Out-of-School Youth:

An out-of-school youth (for the purpose of the 30% expenditure rule) isdefined as an eligible youth (see above) who is one of the following:

A school Dropout, or

A high school graduate or GED holder that is basicskills deficient, orUnemployed or underemployed

C) Dislocated Workers Eligibility

WIA Section 109 (9) defines dislocated workers as:

1) Individuals who have been terminated or laid off, or who have received a

notice of termination or layoff from employment; are eligible for or haveexhausted entitlement to unemployment compensation; Have been employed forduration sufficient to demonstrate attachment to the workforce but are noteligible for unemployment compensation due to insufficient earning or having

performed services for an employer that was not covered under Stateunemployment compensation law; and are unlikely to return to a previousindustry or occupation.

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2) An individual who has been terminated or laid off, or has received a notice oftermination or layoff from employment as a result of any permanent closure of,or any substantial layoff at, a plant, facility, or enterprise; is employed at afacility at which the employer has made a general announcement that suchfacility will close within 180 days; or for purposes of eligibility to receiveservices other than training services described in section 134(d)(4), intensive

services described in section 134(d)(3), or supportive services; is employed at afacility at which the employer has made a general announcement that the facilitywill close.

3) An individual who was self-employed (including employment as a farmer, arancher, or fisherman) but is unemployed as a result of general economicconditions in the community in which the individual resides or because ofnatural disaster.

4) A displaced homemaker – The term “displaced homemaker” means anindividual who has been providing unpaid services to family members in thehome and who:

Has been dependent on the income of another familymember but is no longer supported by that income; andis unemployed or underemployed and is experiencingdifficulty in obtaining or upgrading employment.

D) Other Eligibility Requirements:

The preceding factors supersede the application of any of the followingdislocated worker criteria in determining an applicant’s eligibility:

Individuals who are unable to work for any reasonand such condition can be documented are notconsidered eligible.Individuals who are terminated or laid off for causeare not eligible for dislocated services.Individuals

are not eligible if the closing or layoffconstitutes a strike or lock out.Individuals who voluntarily terminate (quit) theiremployment are not eligible for dislocated services asa result of that dislocation.The situation outlined in the last two circumstancesabove would not prevent an applicant from receivingdislocated worker services if the individual is awardedUI benefits as a result of mitigating circumstances

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surrounding the termination for cause or voluntarytermination.Applicants who are laid off with recall rights shouldnot be excluded from dislocated worker services basedsolely on the recall factor. This situation applies

primarily to organized labor with employment

contracts.Applicants shall not be considered as eligible fordislocated worker services if the applicant has beendislocated for five or more calendar years from thedate of attempted certification.Applicant’s termination is permanent in nature.

E) Workforce Investment Income Guidelines

Workforce Investment Income Guidelines 2006

Family Size Poverty Level LLSIL* - Metro LLSIL – Non-Metro

1 $9,800 $7,580 $7,250

2 $13,200 $12,420 $11,880

3 $16,600 $17,050 $16,310

4 $20,000 $21,040 $20,130

5 $23,400 $24,830 $23,760

6 $26,800 $29,040 $27,780

7 $30,200 $33,250 $31,800

8 $33,600 $37,460 $35,8209 $37,000 $41,670 $39,840

10 $40,400 $45,880 $43,860

11 $43,800 $50,090 $47,880

12 $47,200 $54,300 $51,900

Add $3,400 for eachadditional family

member


member


member

*Lower Living Standard Income Level

To use this chart, compare the poverty level for the family size against either the Metro or Non-Metro LLSIL, depending on the county of residence, using the higher of the two.

Note - Metro LLSIL levels can only be used for the following counties:

Anderson, Blount, Carter, Cheatham, Chester, Davidson, Dickson, Fayette, Grainger,Hamilton, Hawkins, Jefferson, Knox, Madison, Marion, Montgomery, Robertson, Rutherford,Sequatchie, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington,Williamson, Wilson.

Revised June 15, 2006

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General Overview of WIA Service Delivery

Core Services:

Core services are available to all applicants since this is

the point of entry to the program e.g. (job search or UIcompensation). A Career Center operator or the SatelliteOffice operator determines what core service an individualreceives and the timing of the delivery.

Intensive Services:

Local Investment Boards set the criteria for determiningwhether an individual should receive intensive services toobtain employment that lead to self-sufficiency. For an

individual to receive training services he/she must have beenfirst provided with at least one intensive service, such asdevelopment of an individual employment plan, or individualcounseling and career planning with a case manager. (20CFR663.220)

Training Services:

An individual is determined to be in need of training services

if the individual has received at least one intensive serviceand is determined by a Career Center Operator or a CareerCenter Partner to have the skills and qualifications tosuccessfully complete the selected training program.Additionally, the training program selected must be directlylinked to the employment opportunities either in the locallabor market or in another area to which the individual iswilling to relocate.

Note: If the individual is eligible for and assessed to need training

services through the adult funding stream, the priority systemestablished by the Local Investment Board will apply.

Each LWIA should have a service strategy to move from oneservice to the next

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Workforce Investment Services

Adults and Dislocated Worker Services

Core Services may include:

1) Determination of whether the individuals are eligibleto receive assistance under adult or dislocated worker

program2) Outreach, intake (which may include worker profiling)and services available through the career center system3) Initial assessment of skills levels, aptitude, abilitiesand support services4) Job search and placement assistance, and where

appropriate, career counseling5) Provision of employment statistics information,including the provision of accurate information relatingto local, regional, and national labor market areas,including:

(a) Job vacancy listing in such labor market areas(b) Information on job skills necessary to obtainthe listed jobs, and

(c) Information relating to local occupations indemand and the earnings and skillrequirements for such occupations.

6) Provision of program performance information and program cost information on:

(a) Eligible providers of training services.(b) Eligible providers of youth activities.(c) Providers of adult education.(d) Providers of post secondaryvocational education activities and,vocational education activities availableto school dropouts under the Carl PerkinsVocational and Applied TechnologyEducation Act.(e) Providers of vocational rehabilitation

program activities.

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Short-term prevocational services, includingdevelopment of learning skills, punctuality, personalmaintenance skills, and professional conduct, to

prepare individuals for unsubsidized employment ortrainingJob search assistance, internship, work experience,

relocation assistance may be provided based on theassessment or individual employment plan. Section

134(d) (B)(3)

Training Services May include:

Occupational skills training, including training fornon-traditional employment.On-the-job-training.

Programs that combine workplace training withrelated instruction, which includes cooperativeeducation programs.Training programs operated by the private sector.Skills upgrade and retraining.Entrepreneurial training.Job readiness training.Adult education and literacy activities provided incombination with services described in any items in

1-7 above.Customized training conducted with acommitment by an employer or group ofemployers employ the participant individual uponsuccessful completion of the training.Additional training services may be added. Section

134(d) (B) (4).

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III. Individual Training Accounts (ITAs)

Each local WIB, or its designee, establishes a mechanism that allows for the payment of training dollars to an approved training provider. The local WIB, ordesignee, establishes a legal document that allows for the transfer of funds fromthe Fiscal Agent to the training provider. As individuals are approved and aneligible training provider selected by the individual, an application for anIndividual Training Account is completed by the individual. The mechanismallows for the purchase of training in an amount not to exceed locally set limits.

Purpose

The purpose of the Individual Training Account (ITA) is to provide eligibleindividuals with the means to obtain the necessary training to become gainfullyemployed or re-employed. Provisions of the Act promote individualresponsibility and personal decision-making through the use of “IndividualTraining Accounts” (ITA’s), which allow adults, dislocated workers, and someyouth to “purchase” the training they determine best for them. This marketdriven system enables customers to get the skills and credentials they need tosucceed in their local labor markets.

Good customer choice requires quality information. The Career Center System provides customers with a list of eligible training providers and informationabout how well those providers perform. Payment for training services isarranged through the Individual Training Accounts. Only in an exceptional

situation, payment for training services may be arranged through a contract forservices between the Local Career Center and other training providers.

Eligibility

Individuals are determined eligible through the criteria established under the Act[See Eligibility Criteria, page 14]. The provision of training services shall belimited to individuals who are 1) unable to obtain other grant assistance for suchservices; and 2) require assistance beyond the compensation available underother grant assistance programs, which includes but is not limited to, Pell grants,

Trade Adjustment Assistance (TAA), Wilder-Naifeh grant, HOPE grant, grantsfrom the Lottery Proceeds (TTC only), or other Federal grants. If the TAA

petition has not been approved, the dislocated worker receives an ITA or othertraining options until the approval is final.

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The requested training must be in accordance with the policies of the LocalWorkforce Investment Board using the state’s approved eligible training

provider list, lead to an occupation in demand and be completed with the timelimits established by the local Board.

ITA Waiver

Since March 2004, Tennessee has been granted a waiver through the federalgovernment to permit older, out-of-school youth to utilize Individual TrainingAccounts from the eligible training provider list within the LWIA’s youthallocation. This was intended to expedite training services, add flexibility, gainrecognized credentials and assist in ensuring the 30% requirement for moneyspent on this high risk population.

Accessing Individual Training Accounts

Each local WIA will define a process by which individuals can access trainingaccounts and any other tuition assistance. Individuals must apply forPELL/PHEAA and any other of tuition available funding and provide a copy ofthe Student Aid Report, if applicable. Individuals must reapply yearly forPELL/PHEAA if in a multi-year program or in single year programs thatoverlaps a fiscal year. Dislocated workers who are denied PELL/PHEAAfunding should reapply immediately.

Pell Grants

Requirements: when other grant assistance is available to participants, Section663.320 implements the requirements of WIA section 134(d)(4)(B), whichlimits the use of WIA funds for training services to instances when there is no orinsufficient grant assistance from other sources available to pay for those costs.The statute specifically requires that funds not be used to pay for the costs oftraining when Pell Grant funds or grant assistance from other sources areavailable to pay those costs.

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TENNESSEE EDUCATION LOTTERY SCHOLARSHIP

PROGRAM

Pursuant to T.C.A 45-4-903(b) the Tennessee Higher Commission (THEC)

is to annually report findings related to the lottery scholarship program to

the General Assembly at the beginning of each legislative session. Theoverview that follows presents an initial review of the first cohort of

Tennessee Education Lottery scholarship recipients by select demographic

and academic characteristics. This report will be updated as data become

available.

Background

As the 2005 legislative session opens, more that 36,000 students enrolled in

postsecondary institutions across both the public and independent sectors

are Education lottery scholarship recipients. However, before delving into a

description of scholarship recipients, this program and highlights thedistinctiveness of the Tennessee’ program to compare similar merit based

scholarship programs in other states.

Tennessee Education Lottery Scholarship Program

This program was designed to meet the unique needs of the state of

Tennessee by incorporating the hallmark elements of existing financial aids

model in other states. As determined through a process involving both

elected officials and members of the academic community, the TennesseeHope Program was developed to address broad public policy objectives.

Provide financial assistance as a means of promoting access to higher

education

Improve academic achievement in high school through scholarship

incentive

Retain the state’s “Best and Brightest” students in Tennessee colleges

and universities

Enhance and promote economic and community development through

workforce training.

The Tennessee Education Lottery Scholarship program includes five unique

scholarships awards each with differential initial eligibility requirements.

The Wilder-Naifeh Technical Skills Grants was designed to address the final

goal above noted and is available to all students enrolled in certificate and

other diploma at the Tennessee Technology Centers (TTC). All other

scholarships and awards components of the Tennessee Hope program

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require students to meet various combinations of high school grade point

average (GPA) and standardized test scores (ACT or SAT). While initial

eligibility criteria differ by award, the renewal criteria remain consistent

across all awards for each subsequent 24 credit hours attempted.

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IV. STATE PERFORMANCE MEASURES

What are performance measures?

Performance measures comprise a comprehensive accountability system toassess the effectiveness of programs and services. This section details how theyapply to state and local areas providing employment and training programs.Section 136 of the Workforce Investment Act specifies core indicators of

performance for workforce investment activities in adult, dislocated worker, andyouth programs. Fifteen core measures apply to the adult, dislocated worker andyouth programs, and two measures of customer satisfaction apply across thesethree funding streams for a total of 17 required measures. The measuresspecified in the Act are as follows:

A) Adult Programs

1) Entry into unsubsidized employment.2) Retention in unsubsidized employment six months after

entry into the employment.3) Earnings received in unsubsidized employment six months

after entry into the employment. 4) Attainment of a recognized credential relating to

achievement of educational skills, which includes attainmentof a secondary school diploma or its recognized equivalent,or occupational skills, by participants who enter unsubsidizedemployment.

B) Dislocated Worker Program


entry into the employment.3) Earnings received in unsubsidized employment six

months after entry into the employment relative to earnings

of job of dislocation.4) Attainment of a recognized credential relating to

achievement of educational skills, which includes attainmentof a secondary school diploma or its recognized equivalent,or occupational skills, by participants who enter unsubsidizedemployment.

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C) Youth Program

Older Youth (age 19-21)


entry into the employment.3) Earnings received in unsubsidized employment six months

after entry into the employment.

Attainment of a recognized credential relating to achievement of educationalskills, which includes attainment of a secondary school diploma or itsrecognized equivalent, or occupational skills, by participants who enterunsubsidized employment or who enter post-secondary education or advancedtraining.

Younger Youth (age 14-18)

1) Basic skills attainment and, as appropriate, occupationalskills attainment.

2) High school diploma.3) Placement and retention in post secondary education,

advanced training, or employment,4) Apprenticeships or placement in military.

D) Others

1) Participant and customer satisfaction indicators.2) State-established measures.

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E) Table for State Performance Indicators and Goals

WIA Performance Measures

WIA § 136(b) Performance Goals

Out-Years

PY 2006 PY 2007

ADULTS

Entered Employment Rate 83.0% TBD

6-Months Retention Rate 85.0% TBD

Average Earnings $13,800.00 TBD

Credential and Employment Rate 75.0% TBD

DISLOCATED WORKERSEntered Employment Rate 86.0% TBD


Average Earnings $16,000.00 TBD

Credential and Employment Rate 75.0% TBD

YOUTH AGES 19-21

Entered Employment Rate 72.0% TBD


6-Months Earnings Change $3,100 TBD

Credential Rate 56.0% TBD

YOUTH AGES 14-18

Skill Attainment Rate 88.0% TBD

Diploma/Equivalent Attainment Rate 67.0% TBD

6-Months Retention in Post-SecondaryEducation/Training, or Placement inMilitary, Employment, Apprenticeship

64.0% TBD

CUSTOMER SATISFACTION

Participant 81.0% TBD

Employer 80.0% TBD

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F) Background for the Common Measures at the

Tennessee Department of Labor and Workforce

Development

Tennessee’s performance accountability system under the Common Measures

focuses on key strategic goals of its workforce development program,continuously evaluates performance outcomes, and provides strategic andoperational information for policy makers and managers in the decision making

process. Thus, the Common Measures in Tennessee operate in the light of majorlong term goals as follows:

Implement Common Measures Throughout the Workforce DevelopmentSystemProvide Leadership and Guidance to all Tennessee Local WorkforceAgenciesImplement Cost Effective and Efficient Delivery of Services, andPromote Partnership with Employers

Our performance system understands, moreover, that long term strategic goalsalso consist in targeted levels of performance which, when measured againstoutcomes, then are used to tell us what we are accomplishing, whether the

program is benefiting our citizens, and why things happen the way they do. Thismeans that the Common Measure outcomes blend evaluation data with keymeasurement indicators, specifically the common measurement indicators, to

tell us what is the value of our WIA program.

Quarterly performance reports focusing on the Common Performance Measures(as defined in TEGL 17-05 Common Performance Measures) are delivered on aregular basis to specific and highly capable performance contacts at each LWIAadministrative office. Performance outcomes are reviewed and monitored insystematic and timely ways in order to provide guidance and assistance in themost effective manner possible. The value of implementing the CommonMeasures is the ability to describe in a similar manner the core purposes of ourworkforce system, that is, how many people found jobs, how many peoplestayed employed. Presently, the state is gathering baseline data for the CommonMeasures, in preparation for negotiations, when appropriate.

The workforce system in Tennessee utilizes the Common PerformanceMeasures also in our approach to a demand-driven system with strategicinvestments in workforce solutions that result in more individuals being trainedfor high-skill jobs in high-growth, high-demand industries.

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The table below provides a brief synopsis of the Common PerformanceMeasures:

Adult Measures: Common Youth Measures: Common

Entered EmploymentPlacement in Employment or

EducationEmployment Retention

Attainment of a Degree orCertificate

Six Month Earnings Increase Literacy and Numeracy Gains

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V. Youth Councils

The Workforce Investment Act [WIA] creates a unique opportunity for localareas and workforce investment boards to create a team of community leaders to

develop a regional vision for youth in communities. The Youth Councilimproves educational attainment, prepares young people for success in the labormarket, supports young people and develops the potential youth possess to begood citizens and outstanding leaders.

Youth Councils provide an excellent opportunity to re-examine the way inwhich we prepare young people – tomorrow’s workforce – for tomorrow’sworkplace. WIA takes into account the growing consensus that young peoplemaking the transition to working adulthood need both supports and opportunitiesthat address the whole individual, not only training and skills programs. WIA

also emphasizes how important it is for communities to work together to forge ayouth development system. (Please see our web-site – www.state.tn.us/labor-

wfd/youth.)

Purpose of the Youth Council

The purpose of the Youth Council is to provide expertise in youth workforce

development policy, serve in an advisory capacity and assist the LWIB to:

Develop and recommend local youth employment and training policy and

practice

Broaden employment and training focus/policy in the community toincorporate a youth development perspective

Establish linkages with other organizations serving youth in the local area

Evaluate a range of issues that can impact young people’s success in thelabor market.Summary of Goals from the Tennessee State Youth Plan

Summary of goals from the Tennessee State Youth Plan

1) The primary focus of the state youth plan is for students to attain a highschool diploma or equivalent.

2) If a student needs remediation in any of the three core courses of Math,English, or Science, this is required before they are enrolled in any work-

based learning activities.

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B. Youth Service Agencies

Representatives of youth services, such as juvenile justice andlocal law enforcement agencies.

C. Public Housing Authorities

Local public housing authorities.

D. Parents of Eligible Youth

Parents of eligible youth seeking assistance under this subtitle.

E. Former Customers/Representatives

Individuals including former participants, and representatives oforganizations that have experience relating to youth activities.

F. Job Corps

Job Corps representatives (if appropriate)

G. Other Partners / Representatives

Other members include other representatives as the chairperson of

the local workforce investment board, in cooperation with thechief local elected official, determines to be appropriate.

H. Recommended Members:

Department of Children’s ServicesTech PrepEducation Edge (School-to-Work)Vocational Education

Department of Human Services

Duties & Responsibilities of the Youth Council (CFR 661.340)

1. Develop parts of the local plan relating to eligible youth, as determined bythe chair of the LWIB

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2. Recommend eligible service providers to be awarded grants on acompetitive basis to carry out youth activities under WIA, subject to approvalof the LWIB

3. Conduct oversight with respect to eligible providers of youth services in thelocal area

4. Coordinate youth activities that include:Provide eligible youth seeking assistance in achieving academic andemployment success, effective and comprehensive activities, includingoptions for improving educational and skill competencies and provideeffective connections with employers.

Ensure ongoing mentoring opportunities with adults.

Provide opportunities for training.

Provide incentives for recognition and achievement.

Provide opportunities in activities related to leadership development,decision-making, citizenship, and community service.

Other duties determined appropriate by the Chair and the LWIB.

The above responsibilities include the minimum requirements under WIA.Other roles the Youth Council might assume include:

Oversee the youth service planning process

Determine youth and business service needs, gaps and duplications

Design and develop a system of youth workforce development servicesUndertake collaborative planning for local youth workforce developmentactivities

Explore and leverage public and private resources

Make funding decisions

Develop collaborative RFPs for local youth services and service delivery

Set standards and performance measures for services that quantify andtrack responsiveness to the needs of both youth and business

Oversee, assess and recommend providers of youth services

Monitor and evaluate youth services

Develop and sponsor interagency staff capacity building efforts

Advocate on behalf of youth for appropriate and needed serviceinterventions

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Ten Required Program Elements (CFR 664.410)

Each young person, based on assessment outcomes, receives the services that best meet his/her needs. Each Local Workforce Investment Board is responsiblefor identifying, through a competitive request for proposal process, eligibleyouth providers that serve eligible youth participants with the following required

10 program elements:

1. Tutoring, study skills training, and instruction leading to completion of secondary school, including dropout prevention strategies.

2. Alternative secondary school services.

3. Summer employment opportunities linked to academic and occupationallearning.

Note: No separate summer program on allocation. Summer employment

opportunities are to be one component in a year-round design. Summeremployment opportunities must not be a stand alone program separate fromthe year round youth program and must include a follow-up service for aminimum of 12 months.

4. Paid/unpaid work experiences.

Note: Work experience can be in the public or private sector and must be tied tothe student’s academic and career goals.

5. Occupational skills training integrated with career goals.6. Leadership development opportunities (CFR 664.420).

7. Supportive Services (CFR 664.440).

8. Adult mentoring for not less than 12 months.

9. Follow-up services for no less than 12 months.

Note: Follow-up services are after program participation and is a requiredelement for all youth enrolled in WIA. (CFR 664.450).

10. Comprehensive guidance and counseling.

Note: Mentoring can be during and after program participation.

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VI. Selection of Eligible Training Providers

Under the Workforce Investment Act of 1998

Overview

Section 122 of the Workforce Investment Act (WIA) requires the Governor toestablish policy for a Training Provider Certification System. The policyaddresses the following areas:

1. Initial eligibility procedures for training providers that are notautomatically qualified in section 122(a) (2) (A) and (B).

2. A procedure for use by Local Workforce Investment Boards (LWIBs)

in determining the subsequent eligibility of a provider to continue toreceive funds made available under section 133 (b) for the provision oftraining services described in section 134 (d)(4)

3. Procedures for potential providers of training services to appeal adenial of eligibility by LWIB or the designated State agency; or atermination of eligibility or other action by the State agency

Note: These procedures apply exclusively to the certification of training

institutions providing training services through “Individual Training Accounts.”

Certifying Agency

The Tennessee Higher Education Commission (THEC) which is appointed bythe Governor is responsible for the Certification process.

Each institution must complete an Eligibility Application which is reviewed byTHEC. (See Attachments)

Purpose

To provide background information and guidance for the implementation of theWorkforce Investment Act (WIA) as it relates to the process of certifyingtraining programs/providers and Individual Training Accounts (ITAs). It isintended to inform local workforce investment areas, training providers andother stakeholders about issues that have been identified through national andregional meetings, and via telephone and written requests.

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This document is provided to assist local areas with key issues and concernsregarding training program/provider certification and Individual TrainingAccounts (ITAs). The information represents the Department of Labor andWorkforce Development’s commitment to provide the most up-to-dateinformation and will be updated as directives are received from the U. S.Department of Labor and as policy review warrants.

Scope of Services

1. Manage the eligible training provider’s list, which is the WIA Consumer

Reporting System for the State of Tennessee.

A. Develop and monitor the WIA website for public dissemination:Manage the back-end databases of information displayed on the WIAwebsiteDevelop and maintain front-end web pages for public displayAdd and delete providers and programs from the listUpdate provider and program changes on a daily basisWork directly with OIR on the maintenance and upkeep of the website

B. Create and manage a database of all the eligible training providers.The WIA Act stipulates the eligibility of over 1,000 schools to be on thislist.Work with the 13 Local Workforce Investment Boards (LWIB), providingthem technical support on the eligibility process for providers, including

training. Information on student completion, placement and wage rates must becollected and monitored weekly to yearly, depending on the length of the

program, to monitor the performance of the providers.This will include sending paper work to the schools to be completed.Updating the database with current information.If the providers do not meet the performance criteria, the office of theWorkforce Investment Act will meet with the school, try to correct the

problem and finally take the provider off the list.Address the questions, concerns, and complaints that any of the providers

may have.Give quarterly and annual reports to all 13 of the LWIBs and/or theGovernor on the status and performance of all eligible providers.Establish time lines and implement yearly re-certification procedures forall eligible training providers.Query the database to create reports for state and federal representativesas needed.

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Add new provider and program application material to the WIA databaseand store the initial forms.

2. Assist in the Development of WIA, Forms, Policies, and Procedures

A. Create and update all of the necessary forms:initial provider application

agent forms (i.e. change of information, new programs, etc.) quarterlyreport forms

B. Create and implement the appeals procedure for providers who aredetermined ineligible to be on the eligible providers list by the 13LWIBs.

Appeal forms must be created.Procedures must be established.Appeals must be investigated thoroughly, including:Interviews (Provider and LWIB).

Site visitsHearingsWritten reports

All appeals must have a turn around time of 60 days.

C. Have a detailed knowledge of the WIA act of 1998 in order to:Handle or re-route the enormous influx of phone calls concerning WIAissues.Answer public queries received via email from the WIA website(www.state.tn.us/thec).

Provide training and technical assistance to the providers and theLWIBs.Give accurate reports and successfully answer questions of theGovernor, other politicians and/or the general public.

3. Being a Performance Accountability and Customer Information Agency

(PACIA) for the entire state of Tennessee.

Participating in the Wage Record Interchange System (WRIS). Boththe pilot program and during the initial five year duration.

Develop and maintain a separate database on all completers from WIAcertified programs, which includes their personal demographics,training program, job placement, wages, etc. This could be anywherefrom 25,000 to 30,000 records per year.

Obtain, clean, and analyze data from the Tennessee Board of Regentsto determine the performance measures for the state institutions.

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Establish internal security measures, which comply withconfidentiality provisions that are intended to prevent the unauthorizeddisclosure of wage data obtained from State Unemployment InsuranceAgencies (SUIA).

Prepare aggregate statistical reports from wage data received through

WRIS and UI data for the purpose of assessing training program performance and evaluating training provider performance, and forother purposes allowed under law. We will be verifying the

performance that the schools report.

Provide individuals receiving federally funded training serviceswith consumer information regarding training providers, namely,the post-training wage and employment experience of past

participants of specific training programs.

Provide the Interstate Conference of Employment SecurityAgencies (ICESA) with written copies of the proceduresestablished by the PACIA to ensure compliance withconfidentiality provisions for ICESA’s review and approval.

Cooperate with periodic financial, program and confidentialitycompliance audits by ICESA or its agents and permitting site andrecord inspections during regular business hours by ICESA, itagents, and/or by representatives of other states participating in theWRIS.

Reimburse the WRIS on a timely basis for the costs associated with processing request and providing results in accordance with feeschedules established by ICESA.

Conduct performance workshops and/or attend LWIB meetings toanswer questions and disseminate reports and informationregarding the performance of eligible training providers in the stateof Tennessee.

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Identification of Eligible Providers

A provider who is placed or retained on the list under paragraph (1) Section 122(e)(3) and is not removed by the designated State agency under paragraph (2)Section 122 (e) (3), for a program, is considered to be identified as an eligible

provider of training services for the program. Eligible providers of trainingservices are described in WIA section 122. They are those entities eligible toreceive WIA Title 1-B funds to provide training services to eligible adult anddislocated worker customers.

Initial Eligibility

Role of the Commission and Local Workforce Investment Boards

1. Role of the Local Workforce Investment Boards

a. Approve eligible providers to participate on the State Provider List. b. Assure that no institution may solicit, recruit, award credentials or

operate as an Eligible Training Provider until such certification isgranted by the Local Workforce Investment Board and TennesseeHigher Education Commission.

c. Provide Local Workforce Investment Boards, state or federalagencies information pertaining to school closures under any

condition.d. Work with the Tennessee Higher Education Commission to

monitor and coordinate the state Eligible Training ProviderCertification System.

Maintaining Provider Eligibility

A training provider must deliver results and provide accurate information in

order to retain its status as an eligible training provider. If the provider does notmeet the established performance levels, it is removed from the eligible providerlist.

An LWIB must determine whether a provider meets performance levels. If the provider fails to meet such levels, the provider must be removed from the locallist. The designated State agency, upon receipt of the performance informationaccompanying the local list, may remove a provider from the State List, if the

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agency determines the provider failed to meet the levels of performanceestablished by the Governor.

Providers determined to have intentionally supplied inaccurate information or tohave subsequently violated any provision of WIA or its regulations may be

removed from the list.

Performance Criteria

Eligible providers of training services submit the following, at least annually,under procedures established by the Governor under 663.535(c):

Programs are vocational in nature, lead to employment, and are considerednecessary based on the needs of the local employers (as determined by theLWIBs).

Based on the THEC standards, a minimum of 66% of enrollees must completethe approved program (the intended plan of training)

Of the total number of enrollees, the provider can subtract the following from

the total when calculating the 66%:Those individuals who have left and become employed (in an areaother than that of the training programsThose individuals who have transferred to other training programsThose individuals who have entered the militaryThose individuals who have become incarceratedThose individuals who have died

No more than 33% of the total enrollees can withdraw for reasons other than the

five reasons stated above.

Seventy-five percent of the total number that complete is placed in employmentin an area related to training received (as indicated by the two-digit occupationaldivisions of the Dictionary of Occupational Titles).

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Programs are checked by the LWIB to verify enrollment, the number of thosethat complete and placement of those completed. Short-term programs (threemonths or less) are checked quarterly; long-term programs (over three monthslong) are checked once a year.

Subsequent Eligibility

The subsequent eligibility period will be from July 1st of each fiscal year untilJune 30

th of each fiscal year. The procedures for subsequent eligibility

determination will include a review of each eligible program that has served aminimum cumulative of ten Workforce Investment Act supported students fromthe time of its initial eligibility until the time of analysis. In order to bedetermined subsequently eligible to receive WIA funds, a program must meetany one of four minimum standards. The four standards are: Workforce

Investment Act Student Completion Rate; All of Student completion Rate;Workforce Investment Act Student Placement Rate; and All of StudentPlacement Rate.

Workforce Investment Act Student Completion Rate – The WIAcompletion rate for a program is equal to or greater than the averagecompletion rate of the state institutions.All of Student Completion Rate – The All of Student completion rate for a

program is equal to or grater than the average completion rate of the stateinstitutions.Workforce Investment Act Placement Rate – The WIA placement rate foreach program is equal to or greater than the minimum placement rate forPerformance Funding incentive points for state institutions.All of Student Placement Rate – The All of Student placement rate foreach program is equal to or greater than the minimum placement rate forPerformance Funding incentive points for state institutions.

Any program that does not meet at least one of the four performance standards is

not deemed subsequently eligible for participation on Tennessee’s eligibletraining provider list. These programs are eligible for reinstatement on the list atthe end of the suspension period, which expires June 30th of each year.

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Appeals

INITIAL REJECTION

If a LWIB rejects an application for initial eligibility to the statewide list, the

board must provide notification to the institution specifying the reasons for therejection(s) as well as indicating the availability of an appeal process.

LOCAL APPEAL

Each LWIB has a written appeal process. The procedure includes anopportunity for a hearing, with a final written decision on the appeal within 60days of the date of the Limb’s receipt of the request for appeal. If the provider isnot satisfied with the outcome of the local appeal, they may submit a formalappeal to the state.

STATE APPEAL

The Tennessee Higher Education Commission (THEC) is the state agencyresponsible for hearing state appeals of initial eligibility decisions. The writtenrequest for a state appeal of a Limb’s decision to deny initial eligibility must bereceived by THEC within 30 days of the date from which the LWIB denied the

providers local appeal.

Evidentiary Period

Once a state appeal request is received, THEC contacts both the LWIB and thedenied institution in efforts to gather supporting documentation from both sides.

The LWIB shall provide 1) copies of any written correspondence betweentheir office and the provider, 2) written documentation of the reasonsgiven to the provider for their denial, and 3) written copies of any local

policies and procedures that support both the initial denial and the appealdenial.

The institution shall provide 1) copies of any written correspondence between their office and the LWIB, 2) written documentation indicatingtheir efforts to address the concerns raised by the LWIB in their initialdenial, and 3) written documentation of any additional informationdeemed pertinent to their case.

Both sides have 10-business days to submit the requested items. Failure tosubmit any or all of the material will result in an incomplete packet and

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formal letter to the Director of WIA with THEC documenting their voteas well as any supportive materials. These items must be received at least4 business days before the scheduled hearing. At the start of the hearingcopies of this material will be disseminated to those present for theirconsideration. Consequently, proxy votes submitted prior to the hearingmay not be amended.

2) LWIB Presentation of Facts (20 Minutes) – During this timerepresentatives from the LWIB are allowed to present materialssupporting their decision and answer any questions from the committeemembers. At the conclusion of this period, the LWIB reps must exit theroom. If no one from the LWIB is present, the committee will skip thisstep.

3) Provider Presentation of Facts (20 Minutes) – During this timerepresentatives from the denied institution are allowed to present

materials supporting their belief that they should be added to theStatewide List and answer any questions from the committee members.At the conclusion of this period, the institutional reps must exit the room.If no one from the institution is present, the committee will skip this step.

4) Committee Briefing (15 Minutes) – During this time only members of thecommittee are present in the room to further discuss the issue in light ofthe additional information provided by the LWIB and the institution.

5)

Committee Vote (5 Minutes) – Each committee member wills caste theirofficial vote (in the absence of either side). A majority vote is required toover-turn the Limb’s initial decision and add the institution to theStatewide List of Eligible Training Providers.

Outcome NotificationsThe state appeals committee will provide a final written notification of thedecision to the provider and the LWIB within 7 business days. The writtennotification will include:

1)

The final numeric vote and the resulting consequences. None of thecommittee members will be identified by their vote.

2) A short summary of the comments made by committee members duringthe briefing periods. None of the committee members will be identified

by their comment(s).

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VII ENHANCED CONSOLIDATED

MANAGEMENT ACTIVITY AND TRACKING

SYSTEM

The State of Tennessee has developed a WEB based, multi-department,enhanced Consolidated Management and Activity Tracking System, (E-CMATS). The E-CMAT system is an effort of eight major state agencies

partnering to provide Tennessee with a comprehensive Workforce InvestmentAct application. The E-CMATS application will provide the requiredWorkforce Development functionality needed across the state. (For additional

information refer to the eCMATS Training Manual)

Reports

In general, recipients of funds under this title shall keep records that aresufficient to permit the preparation of reports required by this title and to permitthe tracing of funds to a level of expenditure adequate to ensure that the fundshave not been spent unlawfully. Section 185(a) (1)

In order to allow for the preparation of the reports required, such recipients shallmaintain standardized records for all individual participants and provide to theSecretary a sufficient number of such records to provide for an adequate analysisof the records. Section 185(a) (3)

Except as provided above, records maintained by such recipients pursuant to thissubsection shall be made available to the public upon request.

Exceptions: The above paragraph shall not apply to information, thedisclosure of which would constitute a clearly unwarranted invasion of

personal privacy, and trade secrets, or commercial or financialinformation that is obtained from a person and privileged or confidential.Section 185(a) (4) (B)

Accessibility of Reports

Each state, each local board, and each recipient [other than a sub recipient, subgrantee, or contractor of a recipient] receiving funds under this title shall:

make readily accessible such reports concerning its operations andexpenditures as are prescribed by the Secretary. Section 185(c)(3)

prescribe and maintain comparable management informationsystems, in accordance with guidelines that are prescribed by the

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Secretary, designed to facilitate the uniform compilation, crosstabulation, and analysis of programmatic, participant, and financialdata, on statewide, local area, and other appropriate bases,necessary for reporting, monitoring, and evaluating purposes,including data necessary to comply with Section 188. Section

185(c)(2)

monitor the performance of providers in complying with the termsof grants, contracts, or other agreements made pursuant to this title.Section 185(c)(3)

File Contents

Certification of Eligibility, signed by participant and person whodetermined eligibilityIndividual Education Plan (IEP)Grievance ProceduresAny & all Supporting Documents (Copies of SSN Card-DriverLicense-Other)

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VIII Supportive Services

Flexibility in the Provision of Supportive Services

The regulations in 20CFR663 subpart H define the scope and purpose ofsupportive services and the requirements governing their disbursement. Afundamental principle of WIA provides local areas with the authority tomake policy and administrative decisions as well as the flexibility to tailorthe workforce investment system to meet the needs of the localcommunity.Local Boards are required to develop policies and procedures addressingcoordination with other entities to ensure non-duplication of resources andservices, as well as any limits on the amount and duration of such

services. Section 134(e) (2) and (3). Studies show that early entry into training for dislocated workers who aredetermined to need is a key factor in reducing the period ofunemployment during the adjustment process.Early intervention strategies and policies are best implemented throughquality rapid response assistance which includes comprehensive coreservices, and the provision of other reemployment assistance, includingintensive and training services, as soon as the need can be identified,

preferably before layoff.

The statute authorizes all levels of assistance under Title I of WIA tomany workers with access to quality information regarding all adjustmentassistance available in the community, including any deadlines that must

be met. It is critical for workers to make intelligent reemploymentchoices.Many of the concerns raised are resolved through the use of earlyintervention strategies.

The Tennessee Department of Labor and Workforce Development continue torefine policies and strategies to identify the needs of individuals who need

assistance to be productive citizens of their communities. Local WorkforceInvestment Areas are encouraged to develop their own policies toward breakingthe many barriers facing individuals who need assistance.

The State recognizes that providing support services for youth, especially foryoung parents, is an important element in dropout prevention. Hence, a widerange of support services are offered to both the in-school youth and out-of-school youth. Support services include but are not limited to transportation

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services, mentoring activities, child rearing classes, personal counseling, limitedlegal assistance, and child care assistance. Local areas seek input from a widesegment of the community when considering and developing plans for supportservices. 20CFR 664 subpart D; Section 129(c) (2) (G)

As a part of the Career Center System, the local county satellite offices are

electronically linked for easy access to job information and services.

Customers eligible for core and intensive services are provided information onavailability of support services and needs-related payments.

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IX. WIA Statement of Policy

A) Workforce Investment Act of 1998 (WIA) Statement

of Policy/Non-Discrimination & Equal Opportunity

ProvisionsSection 188 of the Workforce Investment Act prohibits

discrimination on the basis of race, color, religion, sex, national

origin, age, disability, political affiliation or belief, citizenship, and

status of a lawfully admitted immigrant authorized to work in the

United States .

Complaint Process

1)

Authorization: The Director of the Civil RightsCenter (CRC) has the authority to receive andinvestigate complaints alleging a violation of the

Nondiscrimination and Equal Opportunity provisionsof the Workforce Investment Act and/or Code ofFederal Regulations (CFR) 29, Part 37.

2) Who May File A Complaint: Any person who believes that either he/she or any specific class ofindividuals has been or is being subjected to

discrimination, which is prohibited by WIA; may byhimself/herself or by a representative, file a writtencomplaint.

3) Where To File: The complaint may be filed eitherwith the Local Workforce Investment Area(LWIA)/recipient or the Director of CRC.

4) When To File A Complaint: A complaint MUST befiled within 180 days of the alleged violation, howeverthe Director of the CRC may extend the time periodfor good cause.

5)

Right To Representation: Both the complainant andthe respondent have the right to be represented by anattorney or other individual of their choice.

6) Contents Of The Complaint:a) All the complaints must be in writing.

b) Complaints must be signed by the complainantor his/her authorized representative.

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c) The complaint must contain the name, address,telephone number, and any other means ofcontacting the complainant.

d) The respondent must be clearly identified.e) A detailed description of the complainant’s

allegations must be recorded.

A determination will be made based on the description, withregard to jurisdiction, whether CRCor the recipient has jurisdiction.The recipient will issue a statementfor each allegation indicatingwhether it will be accepted forinvestigation or rejected.

A reason must be given for eachrejected allegation. There must bea period of time set aside forinvestigation and/or fact findingregarding the circumstancesunderlying the complaint.

f) There must be a period of time in which therecipient attempts to resolve the complaint.

1) Alternative dispute resolution (ADR)is mandated to be a part of the

resolution process.2) The complainant must be given the

choice of using the customary process or the use of ADR.

3) In the event of a breached agreement(under ADR), the non-breached partymay file a complaint with theDirector of CRC, within 30 days ofthe date on which the non-breaching

party learns of the alleged breach.

g) A Notice of final action (written) is provided tothe complainant within 90 days of the date onwhich the complaint was filled. The informationshall be contained therein:

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1) The recipient’s decision regarding eachallegation, and an explanation thereof; or

2) A description of the way the partiesresolved the allegations.

3) Notice that the complainant has the rightto file a complaint with CRC within 30

days of the date on which the Notice ofFinal Action is issued, if he/she isdissatisfied with the recipient’s finalaction.

7) Adopted Complaint Procedure This procedure provides aclear, orderly, expedient, and compliant process throughemployees registrants/applicants of WIA Title-I financiallyassisted entities may file complaints of alleged discrimination.

a) Each entity may develop its own form. All formsmust comply explicitly with the policies set forth in WIA StatePolicy Memorandum No. E & T 00-6 and this document.

1) A complainant may filea complaint by completing andsubmitting CRC’s ComplaintInformation and Privacy Act ConsentForms.

b) Each written complaint must contain all theelements in item #6, (a) through (g) (3).

c) The EOO must give notice to the complainantand/or recipient regarding the right of representation(by an a attorney or other individual).

1) The EOO must maintain aassigned statement regarding theright of representation, in each

complainant file.d) The EOO will maintain a high level ofconfidentiality at all times during the

processing of complaints of discrimination.e) The EOO will provide written acknowledgement

to the complainant that the complaint has beenreceived.

f) A written statement of the issues raised in the

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complaint will be provided to the complainant.1) For each issue it must be stated

that the issue will be accepted orrejected for investigation.

g) A thirty-day period from the date of the receiptof the complaint will be set aside for

investigation and/or fact-finding.1) This period of time can beextended only if it agrees to by thecomplainant, in writing. If theEOO finds that more time isneeded and it is not agreeable tothe complainant, he/she willdocument the need for the extratime and proceed with what has

accumulated up to that time.h) Fifteen days beyond the thirty-day investigative period will be utilized by the EOO to try toresolve the issues contained in the complaint.

1) An alternative disputeresolution (ADR) must be partof the resolution process.

2) The complainant must makea choice, whether to use ADRor the customary process.

i) The EOO must provide the complainant a written Notice of Final Action within ninety days of thefilling date of the complaint. The Notice of FinalAction shall contain the following information.

1) The recipient’s/LWIAdecision on each issue, and anexplanation of the reasons for thedecision, or

2)A description of the way the

parties resolved the issue.3)Notice that the complaint hasthirty days of the date on whichthe Notice of Final Action isissue; to file a complaint withCRC is he/she is dissatisfiedwith the recipient’s decision.

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B) Laws—Regulations and State Policies Governing the

Programs under the Workforce Investment Act of 1998

1) Workforce Investment Act of 1998-Public Law 105-220Aug. 7, 1998).

2) Code of Federal Regulations 20CFR Part 652 et. al. finalrule.

3) WIA State Memoranda.

4) Other

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X. Equal Opportunity Compliance

A) Section 188 of the WIA in its entirety

B) Code of Federal Regulations 29 CFR part 37 Non-Discrimination &Equal Opportunity

See the Tennessee Department of Labor Website under Employment andTraining or the USDOL –ETA Website.

C) E.O. State Policy Memoranda.

See the Tennessee Department of Labor Website under Employment andTraining.

D) See Appropriate Equal Employment Opportunity Posters (English &

Spanish – at USDOL website.

Some of the statutes and regulations enforced by agencies within theDepartment of Labor require that notices be posted in the workplace. TheDepartment provides electronic copies of the required posters. Some of theDepartment of Labor's posters are available in languages other than English.They are also available in electronic form.

Please note that posting requirements vary by statute; that is, not all

employers are covered by each of the Department's statutes and thus may

not be required to post a specific notice. For example, some small businessesmay not be covered by the Family and Medical Leave Act and thus would not besubject to the Act's posting requirements. For information on coverage, visit theEmployment Laws Assistance for Workers and Small Business (elaws) PosterAdvisor is a good starting point and will provide links to pages containing moredetailed information.

For information about poster requirements, or for assistance in obtaining posters,read our workplace poster requirements for small businesses and otheremployers.

E) Posters of general applicability:

Fair Labor Standards Act(FLSA) (Minimum wage)

Job Safety & Health Protection (available in English and Español)

Job Safety & Health Protection — Federal Agency

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(Occupational safety and health)

Family and Medical Leave Act(FMLA)

En Español

Equal Employment OpportunityAct

En Español

Migrant and SeasonalAgricultural Worker Protection Act(MSPA)

In English/En Español In English/An Ereyôl

Notice to Workers withDisabilities (FLSA, SCA and Walsh-HealeyAct)

En Español

Employee Polygraph Protection Act (EPPA) En Español

The Davis-Bacon Act(Government construction)

Equal Employment Opportunity En Español

The Beck Poster The Beck Poster for ContractorsSubject to the Railway Labor Act

The Service Contract Act (SCA)

G) www.dol.gov/oasam/programs/crc/DiscriminationComplaintlogrevise d.htm

H) www.dol.gov/oasam/programs/crc/DCLogrev.xls

I) Complaint Process see Section IX A) 1) of this manual

F) Posters of special interest to federal contractors:

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XI. America’s Service Locator and the Toll-Free

Help Line

America’s Service Locator (www.servicelocator.org) and the Toll-Free HelpLine (1-877-US-2JOBS) is a partnership between the U.S. Department of Labor,

state government and local agencies to provide a database of service providersaccessible via phone of the Internet to the public. Use of the database is free ofcharge and directs customers to a range of services available in their area;unemployment benefits, job training, youth programs, seminars, educationopportunities, disable or older worker programs, service locations and much,much more.

The U.S. Department of Labor estimates that more than three million workersare displaced annually. The T-FHL and ASL database were designed to ensurethat all Americans have an equal opportunity to get the re-employment services,information and training they need to succeed. It automates routine informationrequests and allows state and local service providers to focus on providing directservice.

States and locals have direct control over the maintenance of their data throughthe ability to make real time changes using authorized passwords. ASL, asimple and easy-to-use system, will not impose an undue burden on State andlocal entities. Rather, the ready accessibility of ASL and the T-FHL as

partnered “front doors” to workforce information should actually free State and

local personnel from responding to routine information requests, and enablethem to spend more time providing direct services to customers.

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XII. HOW TO ACCESS TITLE I SERVICES

THROUGH THE CAREER CENTER SYSTEM

The Career Center System is a unique system under which entities responsiblefor administering separate workforce investment, educational, and other human

resource programs and funding streams collaborate. This partnering creates aseamless service delivery that enhances access to the programs, services andimproves long-term employment outcomes for individuals receiving assistance.

The Career Center System enhances the range and quality of workforcedevelopment services that are accessible to individuals seeking assistance. Thesystem must include at least one comprehensive physical center (and may haveadditional comprehensive centers), in each local area that provides the coreservices specified in the Workforce Investment Act. The system also provides

access to other programs and activities carried out by Career Center System partners.

WIA also provides for arrangements to supplement the Centers. Thesearrangements may include:

A network of affiliated sites that provides one or more partners’ programs,services and activities at each siteA network of Career Center System partners through which each partner

provides services that are linked, physically or technologically, to anaffiliated site that assures individuals are provided information on theavailability of core services in the local areaSpecialized centers that address specific needs, such as those of dislocatedworkers.

Information can be processed/accessed through the Enhanced consolidatedManagement and Activity Tracking System (E-CMATS). E-CMATS allows acomplete chronological listing of data per participant. E-CMATS became

available during PY 2001-2002. Up until that time, a web-based database wasin place. (For additional information, refer to the E-CMATS Training Manual.)

There are several ways to obtain information regarding Title I services:

The Internet – most Career Center Systems have a web-page explainingavailable servicesTelephone – call for informationWalk-in – go to the Career Center to find out what is availableBrochures/pamphlet

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XIII. GLOSSARY OF TERMS

Administrative Entity – The agency that is selected by the local elected officersto administer the Title I funds.

Adult – An individual who is age 18 or older.

Basic Skills Deficient – Refers to an individual whose English speaking,reading, writing, or computing skills are at or below the 8

th grade level on a

generally accepted standardized test or a comparable score on a criterion-referenced test.

Career Center – A local site that provides core, intensive, and training services,as well as access to programs and activities regarding job search, placement,

recruitment, other labor exchanges, including serving as a point of access toindividual training accounts for training services to participants.

Case Management – The provision of a client-centered approach in the deliveryof services designed to prepare and coordinate comprehensive employment

plans for participants and to provide job and career counseling during program participation and after job placement.

CLEO [Chair of Local Elected Officials] - Local elected officials, countymayors, and mayors are responsible for developing an agreement for the

counties in their area. This includes naming a grant recipient [county], anadministrative entity, and a chair of this area. The CLEO is this chair.

Community-based Organization – Refers to a private nonprofit organizationthat is representative of a community or a significant segment of a communityand has demonstrated expertise and effectiveness in the field of workforceinvestment.

Community Service Block Grant Act – Created to reduce and/or prevent

poverty through community-based educational activities, which will lead to agreater degree of self-sufficiency on the parts of low income persons.

Completer – An individual who has completed a program of study as defined bythe provider in cooperation with the LWIB.

Consortium – An agreement, combination, or group formed to undertake anenterprise beyond the resources of any one member.

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Core Services – Basic and essential services provided to customers.

Dislocated Worker – An individual who has been terminated or laid off, or whohas received a notice of termination or layoff, from employer.

Displaced Homemaker – An individual who was dependent on the income of

another family member. Those who have been dependent on public assistanceare served under the adult or the dislocated worker program.

Economic Development Agencies – Establishments which include local planning and zoning commissions or boards, community development agencies,other local agencies and institutions responsible for regulating, promoting, orassisting in local economic development.

Eligible Training Providers – Providers of Training with proven track records

that, once contracted, deliver training services through the Individual TrainingAccounts.

Eligible Youth – An individual who is not less than age 14 and not more thanage 21, who is low income and one of the following: deficient in basic literacyskills, a school dropout, is homeless, a runaway, foster child, pregnant or a

parent, an offender, and who requires additional assistance to complete aneducational program or to secure and hold employment.

Employed Worker –An individual, who is job attached, but is in need of skills

upgrade to obtain self-sufficiency. Employed workers are provided trainingservices at the request of the employer .

Employed Worker Training – Training services provided by LWIAs foremployers, who request to upgrade the skills of workers that meet the employedworker definition.

Families First – Federal program designed to strengthen and preserve familiesin partnership with them and their communities through parent empowerment.

Immigrant - Lawfully admitted permanent resident aliens and any otherresidents of the United States who are not legally U. S. citizens.

Incumbent Worker Training – Training services conducted by the state forworkers, who are identified by the employer to need skills upgrade and do notqualify under the employed worker definition.

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Individual Training Accounts [ITAs] – Title I funded training reimbursed on anindividual basis.

Intensive Services – Highly concentrated services designed to strengthen orincrease the assistance provided customers.

Local Chief Elected Official [LCEO] – The chief elected executive officer of aunit or local government in a local area.

Local Plan – Each local board, in partnership with the local chief electedofficial for the local area involved, develops and submits a local plan to theGovernor that addresses customer needs, delivers integrated user-friendlyservices, and is accountable to the customers and the public. This plan isdesigned to complement, not duplicate, services provided by other partners.

Local Workforce Investment Area [LWIA] – Geographic area served by localeducational agencies [including post-secondary and area vocational educationschools], served by local labor market areas, and areas that possess resourcesreadily available to effectively administer the activities carried out in thatgeographical area.

Local Workforce Investment Board [LWIB] – A board established to set policyfor the portion of the statewide workforce investment system within the localarea.

Memorandum of Understanding – An agreement developed and executed between the Local Workforce Investment Board, in agreement with the LocalChief Elected Official[s], and a partner agency or agencies, participating in thearea Career Center System.

Older Worker – An individual age 55 or older.

Participant – An individual who has been determined to be eligible to participate in and who is receiving services under a program authorized by the

WIA.

Performance Measures – Core indicators by which attainment of performanceobjectives will be measured.

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Rapid Response Activity – An activity provided by a State, or by an entitydesignated by the State, with funds provided by the State in case of a permanentclosure or mass layoff of a plant, facility, or enterprise, or a natural or otherdisaster, that results in job dislocation, in order to assist dislocated workers inobtaining re-employment as soon as possible.

Self-sufficiency – For dislocated workers, it is defined in relation to a percentage of the layoff wage. Each Local Board will develop a definition forself-sufficiency taking into consideration the economic and labor marketsituation in the area.

Strategic Goals – Elements essential and necessary in the initiation, conduct,and completion of the plan.

TANF [Transitional Assistance for Needy Families] – Needs-based work

program for families with children under age 18 who need financial support dueto death of parent[s], absentee parent[s], physical and/or mental incapacity of parent[s], or unemployment of parent[s].

Tracking – Monitoring participants to determine training received, completions,dropouts, transfers to other programs, those who have entered the military, whohave become incarcerated, those who have died, etc.

Trade Adjustment Assistance (TAA) – Programs created to assist individualswho have become unemployed as a result of increased imports from, or shifts in

production to foreign countries.

Training Services – Available to individuals who meet the eligibilityrequirements for the funding streams and who are determined to need theseservices to achieve employment or re-employment.

Under-Employed – Adults or older youth, who are not self-sufficient as defined by each LWIB local policy and are eligible to receive core and intensiveservices and possibly receive training services as determined by the needs of the

individual.

Wagner-Peyser Act of 1933 [as amended in 1982] – Established as anationwide network of public employment offices, through grant agreementswith the States as funded by the Federal Government, to serve persons seekingor needing employment and employers seeking workers.

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Workforce Investment Act [WIA] – Public law designed to consolidate,coordinate, and improve employment, training, literacy, and vocationalrehabilitation programs in the United States, and for other purposes.

Workforce Investment Activity – An employment, training, and/or youthactivity as well as the public or private entity selected to be responsible for such

activities that result in the increase of employment, retention, earnings, andoccupational skill attainment of the participants in the workforce.

Youth [Older] – An individual who is between the ages of 19 and 21.

Youth [Younger] – An individual who is between the ages of 14 and 18

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ATTACHMENT A: COMMON MEASURES AT-A-GLANCE

ADULT MEASURES

Entered Employment

Of those who are not employed

at the date of participation:

# of adult participants who are employedin the first quarter after the exit quarter

# of adult participants who exit during thequarter

Employment Retention

Of those who are employed in the

first quarter after the exit quarter:

# of adult participants who are employed inboth the second and third quarters

after the exit quarter


Average Earnings

Of those adult participants who are employed inthe first, second, and third quarters after the exitquarter:

Total earnings in the second plus the totalearnings in the third quarters after the exit

quarter


YOUTH MEASURES

Placement in Employment or Education

Of those who are not in post-secondary educationor employment (including the military) at the date

of participation:

# of youth participants who are inemployment (including the military) or

enrolled in post-secondary education and/oradvanced training/occupational skills

training in the first quarter after the exitquarter

# of youth participants who exit during the

quarter

Attainment of a Degree or Certificate

Of those enrolled in education (at the date of participation or at any point during the program):

# of youth participants who attain a diploma,GED, or certificate by the end of the third

quarter after the exit quarter

# of youth participants who exit during thequarter

Literacy and Numeracy Gains

Of those out-of-school youth who are basic skillsdeficient:

# of youth participants who increase one ormore educational functioning levels

# of youth participants who have completed a

year in the program (i.e., one year from thedate of first youth program service) plus the #of youth participants who exit before

completing a year in the youth program

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ATTACHMENT B: DEFINITIONS OF KEY TERMS

Please note that for the most complete understanding of these terms, thesedefinitions should be read in conjunction with the discussion provided under this

TEGL.

Advanced Training - This is an occupational skills employment/training program, notfunded under Title I of the WIA, which does not duplicate training received under TitleI. It includes only training outside of the One-Stop, WIA, and partner system (i.e.,training following exit). (Please note: this term applies to the current WIA youngeryouth measures only, it does not apply to the common measures).

Advanced Training/Occupational Skills Training – To count as a placement for theYouth Common Measures, advanced training constitutes an organized program of

study that provides specific vocational skills that lead to proficiency in performingactual tasks and technical functions required by certain occupational fields at entry,intermediate, or advanced levels. Such training should: (1) be outcome-oriented andfocused on a long-term goal as specified in the Individual Service Strategy, (2) be long-term in nature and commence upon program exit rather than being short-term trainingthat is part of services received while enrolled in ETA-funded youth programs, and (3)result in attainment of a certificate (as defined below under this attachment).

Basic Skills Deficient – The individual computes or solves problems, reads, writes, orspeaks English at or below the eighth grade level or is unable to compute or solveproblems, read, write, or speak English at a level necessary to function on the job, in theindividual’s family, or in society. In addition, states and grantees have the option ofestablishing their own definition, which must include the above language. In caseswhere states or grantees establish such a definition, that definition will be used for basicskills determination.

Basic Skills Goal - A measurable increase in basic education skills including readingcomprehension, math computation, writing, speaking, listening, problem solving,reasoning, and the capacity to use these skills. (Please note: this term applies to thecurrent WIA statuatory youth measures only, it does not apply to the commonmeasures).

Certificate – A certificate is awarded in recognition of an individual’s attainment ofmeasurable technical or occupational skills necessary to gain employment or advancewithin an occupation. These technical or occupational skills are based on standardsdeveloped or endorsed by employers. Certificates awarded by workforce investmentboards are not included in this definition. Work readiness certificates are also not

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included in this definition. A certificate is awarded in recognition of an individual’sattainment of technical or occupational skills by:

• A state educational agency or a state agency responsible for administeringvocational and technical education within a state.

• An institution of higher education described in Section 102 of the Higher Education

Act (20 USC 1002) that is qualified to participate in the student financial assistanceprograms authorized by Title IV of that Act. This includes community colleges,proprietary schools, and all other institutions of higher education that are eligible toparticipate in federal student financial aid programs.

• A professional, industry, or employer organization (e.g., National Institute for

Automotive Service Excellence certification, National Institute for MetalworkingSkills, Inc., Machining Level I credential) or a product manufacturer or developer(e.g., Microsoft Certified Database Administrator, Certified Novell Engineer, SunCertified Java Programmer) using a valid and reliable assessment of an individual’sknowledge, skills, and abilities.

•

A registered apprenticeship program.• A public regulatory agency, upon an individual’s fulfillment of educational, work

experience, or skill requirements that are legally necessary for an individual to usean occupational or professional title or to practice an occupation or profession (e.g.,FAA aviation mechanic certification, state certified asbestos inspector).

• A program that has been approved by the Department of Veterans Affairs to offereducation benefits to veterans and other eligible persons.

• Job Corps centers that issue certificates.

• Institutions of higher education which is formally controlled, or has been formallysanctioned, or chartered, by the governing body of an Indian tribe or tribes.

Credential - A nationally recognized degree or certificate or state/locally recognizedcredential. Credentials include, but are not limited to, a high school diploma, GED, orother recognized equivalents, post-secondary degrees/certificates, recognized skillstandards, and licensure or industry-recognized certificates. States should include allstate education agency recognized credentials. In addition, states should work withlocal workforce investment boards to encourage certificates to recognize successfulcompletion of the training services listed above that are designed to equip individualsto enter or re-enter employment, retain employment, or advance into betteremployment. (Please note: this term applies to the current WIA statuatory adult,

dislocated worker, and older youth measures only, it does not apply to the commonmeasures).

Date of Exit – Represents the last day on which the individual received a servicefunded by the program or a partner program (see definition of “exit”).

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Date of Participation – Represents the first day, following a determination ofeligibility (if required), that the individual begins receiving a service funded by theprogram (see definition of participant).

Diploma – The term diploma means any credential that the state education agency

accepts as equivalent to a high school diploma. The term diploma also includespost-secondary degrees including Associate (AA and AS) and Bachelor Degrees (BAand BS).

Educational Gain – At post-test, participant completes or advances one or moreeducational functioning levels from the starting level measured on entry into theprogram (pre-test).

Employed at the Date of Participation – An individual employed at the date ofparticipation is one who:

•

Did any work at all as a paid employee on the date participation occurs (except theindividual is not considered employed if: a) he/she has received a notice oftermination of employment or the employer has issued a Worker Adjustment andRetraining Notification (WARN) or other notice that the facility or enterprise willclose, or b) he/she is a transitioning service member;

• Did any work at all in his/her own business, profession, or farm;

• Worked 15 hours or more as un unpaid worker in an enterprise operated by amember of the family; or

• Was not working, but has a job or business from which he/she was temporarilyabsent because of illness, bad weather, vacation, labor-management dispute, or

personal reasons, regardless of whether paid by the employer for time off, andregardless of whether seeking another job.

Employed in the Quarter After the Exit Quarter – The individual is consideredemployed in a quarter after the exit quarter if wage records for that quarter showearnings greater than zero. When supplemental data sources are used, individualsshould be counted as employed if, in the calendar quarter of measurement after the exitquarter, they did any work at all as paid employees (i.e., received at least someearnings), worked in their own business, profession, or worked on their own farm.

Employed in the Second or Third Quarter After the Exit Quarter - The individual isconsidered employed if wage records for the second or third quarter after exit showearnings greater than zero. Wage records will be the primary data source for trackingemployment in the quarter after exit.

When supplemental data sources are used, individuals should be counted as employedif, in the second or third calendar quarter after exit, they did any work at all as paidemployees, worked in their own business, profession, or worked on their own farm.

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Exit - The term “program exit” means a participant does not receive a service funded bythe program or funded by a partner program for 90 consecutive calendar days and isnot scheduled for future services. (See Section 6. B. 2. of the TEGL for exceptions to theprogram exit definition).

Exit Quarter – Represents the calendar quarter in which the date of exit is recorded forthe individual.

Last Expected Service – Occurs when the participant completes the activities outlined inhis or her service strategy or service plan and there are no additional services expectedother than supportive or follow-up services. Last expected service may also occur insituations where the participant voluntarily or involuntarily discontinues his or herparticipation in services outlined in the service plan.

Last Expected Service Date - This date is used to determine when a customer becomes apart of the sampling frame for the customer satisfaction survey. In many instances, thisdate will be the same as the exit date. In situations where a case was ended, reopenedwithin 90 days of the original closure date, and then ended again, the date used todetermine inclusion in the sampling frame is the initial last expected service date. Thisdate is also the date that triggers follow-up services as long as no additional services areprovided (other than supportive or follow-up services) 90 days following this date.

Not Employed at the Date of Participation - An individual is also considered notemployed at the date of participation when he/she (a) did no work at all as a paidemployee on the date participation occurs, (b) has received a notice of termination ofemployment or the employer has issued a WARN or other notice that the facility orenterprise will close, or (c) is a transitioning service member.

Occupational Skills Goal - A measurable increase in primary occupational skillsencompassing the proficiency to perform actual tasks and technical functions requiredby certain occupational fields at entry, intermediate or advanced levels. Secondaryoccupational skills entail familiarity with and use of set-up procedures, safety measures,work-related terminology, record keeping and paperwork formats, tools, equipmentand materials, and breakdown and clean-up routines. (Please note: this term applies tothe current WIA statuatory youth measures only, it does not apply to the common

measures).

Out-of-School Youth – An eligible youth who is a school dropout, or who has receiveda secondary school diploma or its equivalent but, is basic skills deficient, unemployed,or underemployed (WIA section 101(33)). For reporting purposes, this term includes allyouth except: (i) those who are attending any school and have not received a secondary

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school diploma or its recognized equivalent, or (ii) those who are attending post-secondary school and are not basic skills deficient.

Participant – A participant is an individual who is determined eligible to participate inthe program and receives a service funded by the program in either a physical location

(One-Stop Career Center or affiliate site) or remotely through electronic technologies.

Participation Quarter – Represents the calendar quarter in which the date ofparticipation is recorded for the individual.

Physical Location – A physical location means a designated One-Stop Career Center,an affiliated One-Stop partner site, including a technologically linked access point,where services and activities funded by the program are available, or other specializedcenters and sites designed to address special customer needs, such as company worksites for dislocated workers.

Post-Secondary Education – A program at an accredited degree-granting institutionthat leads to an academic degree (e.g., A.A., A.S., B.A., B.S.). Programs offered bydegree-granting institutions that do not lead to an academic degree (e.g., certificateprograms) do not count as a placement in post-secondary education, but may count as aplacement in “advanced training/occupational skills training.”

Post-test – A test administered to a participant at regular intervals during the program.

Pre-test – A test used to assess a participant’s basic literacy skills, which is administeredto a participant up to six months prior to the date of participation, if such pre-test scoresare available, or within 60 days following the date of participation.

Qualified Apprenticeship - A program approved and recorded by the ETA Bureau ofApprenticeship and Training or by a recognized state apprenticeship agency or council.Approval is by certified registration or other appropriate written credential.

Training Services - These services include WIA-funded and non-WIA funded partnertraining services. These services include: occupational skills training, including trainingfor nontraditional employment; on-the-job training; programs that combine workplacetraining with related instruction, which may include cooperative education programs;

training programs operated by the private sector; skill upgrading and retraining;entrepreneurial training; job readiness training; adult education and literacy activities incombination with other training; and customized training conducted with acommitment by an employer or group of employers to employ an individual uponsuccessful completion of the training.

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Transitioning Service Member - A service member in active duty status (includingseparation leave) who participates in employment services and is within 24 months ofretirement or 12 months of separation.

Work Readiness Skills Goal - A measurable increase in work readiness skills including

world-of-work awareness, labor market knowledge, occupational information, valuesclarification and personal understanding, career planning and decision making, and jobsearch techniques (resumes, interviews, applications, and follow-up letters). They alsoencompass survival/daily living skills such as using the phone, telling time, shopping,renting an apartment, opening a bank account, and using public transportation. Theyalso include positive work habits, attitudes, and behaviors such as punctuality, regularattendance, presenting a neat appearance, getting along and working well with others,exhibiting good conduct, following instructions and completing tasks, acceptingconstructive criticism from supervisors and co-workers, showing initiative andreliability, and assuming the responsibilities involved in maintaining a job. This

category also entails developing motivation and adaptability, obtaining effective copingand problem-solving skills, and acquiring an improved self image. (Please note: thisterm applies to the current WIA statuatory youth measures only, it does not apply tothe common measures).

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Attachment D

WIA Title IB Performance Measures and Related ClarificationsProgram Years 2005 and 2006

A. Background

Section 136 of the Workforce Investment Act (WIA) specifies core indicators of performance for workforce investment activities in adult, dislocated worker, andyouth programs. Fifteen core measures apply to the adult, dislocated worker, andyouth programs, and two measures of customer satisfaction apply across these threefunding streams for a total of 17 required measures.

The technical guidance contained in Training and Employment Guidance Letter(TEGL) No. 7-99, which was published on March 3, 2000, regarding theimplementation of the core and customer satisfaction performance measures andcalculate performance levels required under the WIA, is rescinded with the issuanceof this guidance letter. This guidance letter informs states and other grantees ofETA's policy on common performance measures for its workforce investment programs. This attachment provides technical guidance regarding the incorporationof the common measures and related operational parameters into the WIA performance measures.

ETA believes that the use of "participant" in lieu of "registrant" in data collection andassociated reports will give Congress a more complete picture of how many peopleare actually receiving services through the workforce investment system. Further, by

clarifying the definition of self-service and informational activities in Section B, ETAalso intends to promote greater accountability and reduce inconsistencies among thestates in their performance computations. Only WIA Adult and Dislocated Worker participants who receive services, other than self-service and informationalactivities, will be taken into account when computing WIA performance measures.

Section C details the core indicators of WIA performance for workforce investmentactivities for Program Years 2005 and 2006. Section D addresses the impact of thechange in determining when participants are included in the collection of customersatisfaction data. (Initial guidance on collecting and reporting customer satisfactiondata was published in TEGLs 7-99, 6-00, and 6-00, Change 1.) Attachment B to this

TEGL outlines the definitions of terms used in the computations of performanceoutcomes on the core indicators of WIA performance specified in Section C.

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B. Applying Measures to Funding Streams and Population Groups

The WIA performance measures, other than the customer satisfaction measures, areapplied separately to the three funding streams: Adult, Dislocated workers, andYouth. The Youth funding stream is further divided into two categories: older

youth (aged 19-21) and younger youth (aged 14-18). This means that 15 of themeasures are divided among the four different population groups. The twocustomer satisfaction measures are applied across all population groups. Since theoutcomes vary across the four population groups, ETA maintains that it is importantto measure performance separately for each group. The following table givesexamples of the services that are reflected in the WIA performance measures.

Table 1: Examples of WIA Services Reflected in Performance Measures

WIA Core Services WIA Intensive Services WIA Training Services

Staff assisted job search

assistance, job referral,and career counseling

Comprehensive and

specialized assessment,such as diagnostic testing

and interviewing

Occupational skills training

Staff assisted assessment,

job placement assistance

and other services (such

as testing and

background checks)

Full development of

individual employment

plan

On-the-job training

Staff assisted job

development (working

with employer and job

seekers)

Group counseling Workplace training and

cooperative education programs

Staff assisted workshops

and job clubs

Individual counseling

and career planning

Private sector training programs

Case management Skill upgrading and retraining

Short-term pre-

vocational services

Entrepreneurial training

Job readiness training

Adult education and literacyactivities in combination with

training

Customized training

The following guidelines apply in determining how to count participants in thefunding streams:

• If a participant is served by a specific funding stream, he/she will be counted inthat funding stream's set of measures (e.g., a participant served by Adult funds

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will be in the adult measures). In other words, the determination as to whether toinclude a participant in WIA or Wagner-Peyser Act program reporting and performance calculation is based on whether the services, staff, facility, oractivity was funded in whole or in-part by WIA, Wagner-Peyser, or partner programs.

• If a participant is served by more than one funding stream, he/she will becounted in more than one set of measures. For example, a participant served byYouth funds and Adult funds will be counted in the youth measures and adultmeasures.

• Since there are two sets of measures within the Youth funding stream, thefollowing applies for those served by the Youth funding stream: a youth must beincluded only in the set of youth measures that applies based on the person's ageat participation (i.e., youth between the ages of 14 and 18 at the date of firstyouth program service will be included in the younger youth measures and

youth between the ages of 19-21 at the date of first youth program service will beincluded in the older youth measures) regardless of how old the participant is atexit.

• Only those WIA Adult and Dislocated Worker program participants who receiveservices, other than self-service or informational activities, will be taken intoaccount when calculating and reporting the performance for the WIA Adult andDislocated Worker programs (see WIA section 136(b)(2)(A) and 20 CFR 666.140).

Determination of Participant for Performance Calculations

The determination of when a customer is designated as a participant in theworkforce investment system for performance calculations is clarified in Section 6,"Program Participation and Exit" of the TEGL. The section which clarifies whoshould be included in performance calculations is repeated here for additionalclarity and uniformity of the information presented.

Distinctions between Reporting under the WIA Performance AccountabilitySystem and Reporting under Common Measures

One of the purposes for the introduction of common measures was to moreaccurately reflect the true number of individuals who benefit from the One-Stop

system. ETA recognizes that states are dedicating significant resources to ensuringthat services (including core self-service and informational activities) are availableto remote customers who access the workforce investment system via electronictechnologies. ETA intends to provide Congress, the public and other interestedstakeholders with more complete and accurate information on participation levels

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system, including data on customers who access services via electronictechnologies. However, confusion still exists as to when an individual receiving a program-funded service must be included in performance calculations. Thisconfusion has resulted in a significant undercount of the number of individualswho benefit from funded services, as well as a distorted view of system outcomes,

efficiency, and efficacy of WIA, Wagner-Peyser Act, Jobs for Veterans Act, andother programs. The following sections seek to distinguish participants who needto be included in the common measures participant counts from participants whoneed to be included in performance calculations for WIA and other programs.

A. Who needs to be reported in the common measures participant counts?

ETA's policy requires state workforce agencies (SWAs) to report, in theappropriate participant counts, all individuals who have been determinedeligible and receive a service, including self-service and informational activities,in either a physical location (One-Stop Career Center or affiliate site) or

remotely through electronic technologies. (See Section 6.A.1)

B. Who needs to be included in the performance measures calculations?

All participants who receive a core, intensive, or training service who exit the program are to be included in performance measures calculations, except thatSection 136 of WIA expressly excludes WIA Adult and Dislocated Worker program participants who only receive self-service or informational activitiesfrom performance calculations.

The exclusion of participants receiving only self-service or informational

activities from the WIA performance calculations has been a major source ofconfusion and misrepresentation at the state and local level, and has resulted inlarge numbers of participants being improperly excluded from the outcome performance calculations. ETA is clarifying its interpretation of self-service andinformational activities in order to promote greater accountability andconsistency among states in their performance computations for the WIA Adult,Dislocated Worker, Wagner-Peyser Act, Jobs for Veterans Act, and Trade Act programs.

1. Self-Service and Informational Activities

According to 20 CFR 666.140(a)(2), self-service and informational activitiesare those core services that are made available and accessible to the general public; that are designed to inform and educate individuals about the labormarket, their employment strengths and weaknesses, and the range of

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services appropriate to their situation; and that do not require significantstaff involvement with the individual in terms of resources or time.

ETA interprets the critical terms above as follows:

Self-service occurs when participants serve themselves in accessingworkforce investment system information and activities in either a physicallocation, such as a One-Stop Career Center resource room or partner agency,or remotely via the use of electronic technologies.

Informational activities in a workforce investment setting may include bothself-services and staff-assisted core services that are designed to inform andeducate a participant about the labor market and to enable a participant toidentify his or her individual employment strengths, weaknesses, and therange of services appropriate for the individual. The exception is coreservices that require significant staff involvement (see below).

2. Clarification of Significant Staff Involvement

Significant staff involvement is fundamental to determining if a participantwill be considered in performance calculations. The critical distinction isdetermining when a participant has received a level of service that requiressignificant staff involvement.

Significant staff involvement in a workforce investment setting is anyassistance provided by staff beyond the informational activities describedabove regardless of the length of time involved in providing such assistance.

Significant staff involvement includes a staff member's assessment of a participant's skills, education, or career objectives in order to achieve any ofthe following: • Assist participants in deciding on appropriate next steps in the search for

employment, training, and related services, including job referral;• Assist participants in assessing their personal barriers to employment; or• Assist participants in accessing other related services necessary to

enhance their employability and individual employment related needs.

A participant who receives this level of service has received a service thatinvolves a significant level of staff involvement; therefore, this participant

would be included in the performance measures calculation.

On the other hand, when a staff member provides a participant with readilyavailable information that does not require an assessment by the staffmember of the participant's skills, education, or career objectives, the

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'

participant is a recipient of informational activities. This includesinformation such as labor market trends, the unemployment rate,information on businesses that are hiring or reducing their workforce,information on high-growth industries, and occupations that are in demand.A participant is also a recipient of informational activities when a staff

member provides the participant with information and instructions on howto access the variety of other services available in the One-Stop CareerCenter, including the tools in the resource room.

A participant who only receives this level of service has not received aservice that involves a significant level of staff involvement; therefore,he/she is a participant who would be excluded from the performancemeasures calculation.

3. Inclusion of Participants in Performance Calculations by Program

Although the WIA Adult and Dislocated Worker program participants whoaccess or receive only self-service or informational services are excluded inthe WIA performance calculations, these participants should be included inthe Wagner-Peyser Act reporting and performance calculations to the degreethat Wagner-Peyser Act funds contributed to the core employment andworkforce information services received.

In accordance with policy principles articulated in the TEGL, if a participantis served by a specific funding stream, he/she will be counted as a participant in that funding stream's reporting system and/or performancecalculations. For example, Wagner-Peyser Act funds are often used to

support and maintain One-Stop Career Center operations, electronic tools, job banks, and workforce information services. In these situations, it would be appropriate to include participants who accessed or received Wagner-Peyser Act-funded services in the Wagner-Peyser Act performanceaccountability system. Where WIA program funds are used in similar ways, participants who receive self-service or informational activities would only be included in the WIA participant and services counts, but would not becounted in the WIA performance measures.

State workforce agencies are in the best position to assist local workforceinvestment boards and One-Stop Career Centers in making these

determinations and are accountable for assuring uniform application of ETA policy.

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Scenarios

The following scenarios could occur in the delivery of services and are presented toillustrate the concept of the level of staff involvement discussed above. While thesescenarios do not cover every situation states and local workforce investment areas

may encounter, they can be used to determine the level of staff involvement that willtrigger a period of participation and a participant's inclusion in WIA performancemeasures calculations.

Scenario 1

An individual comes into the One-Stop Career Center believing that he can access allgovernment services. He asks for directions to the Motor Vehicle Administration.The receptionist gives the information and the individual leaves.

This person is not a participant and will not appear in any counts for performance measures.

The information that he sought did not directly relate to the services provided by the One-Stop Career Center or the workforce investment system.

Scenario 2

An individual comes into the One-Stop Career Center and accesses the computers inthe self-service area, using a system user account identification. The self-service areais jointly funded by WIA and Wagner-Peyser Act funds. She takes some notes,scribbles the notes on a sheet of paper near the computer, and leaves the facility.

This person may be a participant but it is difficult to determine the nature of the information

that the individual has accessed or written down, as there had been no staff interaction withthis individual In this case, however, the individual is a participant because she used her

system user account identification to accesses a saved job search on the state's Internet job

bank system and copied employer contact information. This participant's self- referral

activity was captured by the state's data system and a service transaction was recorded.

Because the state job bank is funded by both WIA and the Wagner-Peyser Act, this individual

is included in the WIA and Wagner-Peyser Act participant counts, but not included in the

WIA performance measures calculation because the participant received only self-services.

This person is included in the Wagner-Peyser Act performance calculations.

Scenario 3

An individual accesses job listings from his home computer and uses the resumewriter software that is on the local One-Stop Web site. The Web site is jointlyfunded by the Wagner-Peyser Act and WIA. The individual sends his resume inresponse to a job listing.

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This person is a participant as he has used workforce investment system information and

services to assist his job search. This individual is included in Wagner-Peyser Act and WIA

participant counts, but not included in the WIA performance measures calculation because

the participant received only self-services. This person is counted in the Wagner-Peyser Act

performance calculations.

Scenario 4

An individual accesses job listings from a computer at the local library and uses heraccount identification that she established with the workforce investment system tolog on to the computer. The individual sends her resume in response to a job listingfor which she believes she will be a suitable candidate.

This person is a participant as she has used workforce investment system services to assist

her job search. This individual is included as a Wagner-Peyser Act and WIA participant,

but not included in the WIA performance measures calculation because the participant

received only self-services. This person is counted in the Wagner-Peyser Act performancecalculations.

Scenario 5

An individual has figured out how to access workforce investment systeminformation from his cell phone that includes a personal data assistant. He thinksthat he has found the job of his dreams on the state job bank and posts his resumewith the employer.

This person is a participant as he has used workforce investment system services to assist his job search. This individual is included as a Wagner-Peyser Act and WIA participant, butnot included in the WIA performance calculations because the individual received only self-services. This person is counted in the Wagner-Peyser Act performance calculations.

Scenario 6

An individual arrives at the One-Stop Career Center and, familiar with computers,she decides to go to the self-service section and search the job listings. Later, shewants to review occupational trends information. She pulls up some information, but is not quite sure how the trends were calculated. She questions the staff aboutthe statistics and asks where she might find additional information on the need forworkers in this field. The staff member answers the question and directs theindividual to the Career Voyages, another self-service Web site where moreinformation and other helpful links are available.

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This person is a participant as she has used workforce investment system information and

self-service electronic tools jointly funded by WIA and Wagner-Peyser Act funds to assist

her job search. This individual is included as a Wagner-Peyser Act and WIA participant,

but not included in the WIA performance calculations because the participant received only

self-service and informational activities. This individual did not receive services requiring

significant staff involvement because the staff person provided readily available informationand instructions about tools and services in the research room without having to assess the

individual's skills, education, or career objectives. This person is counted in the Wagner-

Peyser Act performance calculations.

Scenario 7

An individual arrives at a One-Stop Career Center looking for information on theavailability of jobs in a specific field. The staff member asks the individual severalquestions to determine the individual's previous work experience, education, andtraining experience in the specific industry and occupation. The staff member

assists the individual to search for employment on a resource room computer and provides him with the local occupational and economic trend information.

This person is a participant as he has used workforce investment system staff-assisted service

to assist his job search. This individual is included as a Wagner-Peyser Act and WIA

participant, and must be included in the WIA performance measures calculation because the

participant received more than self-service and informational activities. The staff member

performed an assessment of the participant's work readiness for employment in the local area

and assisted in the participant's job search. This person is also counted in the Wagner-

Peyser Act performance calculations.

Scenario 8

An individual arrives at the One-Stop Career Center and wants to know the variousservices that are available at the One-Stop Career Center. The One-Stop CareerCenter specialist gives the individual an orientation to the One-Stop Career Centerand advises the individual of what services are available. The staff member sets theindividual up at a computer and shows him how to use the equipment and to accessthe job search tools. Later, the individual participates in an assessment interviewand begins to develop an employment plan.

This individual is a participant as she has used workforce investment system services to

assist her job search. This individual is included as a Wagner-Peyser Act and WIA

participant. She is included in the WIA performance measures calculations because her

assessment interview and the development of an employment plan required significant staff

involvement. This individual should also be included in the Wagner-Peyser Act performance

calculations (See note below).

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Note: The determination on when to include a participant in WIA or Wagner-PeyserAct reporting and performance measures calculation is based on whether theservices, staff, facility, or activity was funded in whole, or in-part, by WIA, Wagner-Peyser, or partner programs.

C. Performance Measures that Apply to the WIA Adult, Dislocated Worker, andYouth Funding Streams

Adult Measures

1. Adult Entered Employment Rate

Of those who are not employed at the date of participation:

The number of adult participants who are employed in the first quarter after theexit quarter divided by the number of adult participants who exit during the

quarter.

Operational Parameters: • Individuals who are employed at the date of participation are excluded

from this measure (i.e., programs will not be held accountable for theseindividuals under this measure).

• Individuals who, although employed, have either received a notice oftermination of employment or the employer has issued a WorkerAdjustment and Retraining Notification (WARN) or other notice that thefacility or enterprise will close, or are transitioning service members are

considered not employed and are included in the measure.

• Employment at the date of participation is based on information collectedfrom the individual, not from wage records.

2. Adult Employment Retention Rate

Of those who are employed in the first quarter after the exit quarter:

The number of adult participants who are employed in both the second and thirdquarters after the exit quarter divided by the number of adult participants who

exit during the quarter.

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Operational Parameters: • This measure includes only those who are employed in the first quarter

after the exit quarter (regardless of their employment status at participation).

•

Individuals who are not employed in the first quarter after the exit quarterare excluded from this measure (i.e., programs will not be heldaccountable for these individuals under this measure).

• Employment in the first, second, and third quarters after the exit quarterdoes not have to be with the same employer.

3. Adult Earnings Change in Six Months (Applicable for Program Year (PY) 2005

Only)

Of those adults who are employed in the first quarter after the exit quarter:

[Total earnings in the second quarter plus total earnings in the third quarter afterthe exit quarter] minus [total earnings in the second quarter plus total earningsin the third quarter prior to the participation quarter] divided by the number ofadult participants who exit during the quarter.

Operational Parameters: • To ensure comparability of this measure on a national level, wage records

will be the only data source for this measure. Acceptable wage recordsources are a state's Unemployment Insurance wage records, federalemployment wage records, military employment wage records, and other

administrative wage records (See Section 7 of this TEGL).

• Individuals whose employment in either the first or third quarter after theexit quarter was determined from supplementary sources and not from wagerecords are excluded from the measure.

• Grantees must initiate processes to obtain the second and third quarter pre program earnings for the individual at the time of participation in the program.

• Earnings may be excluded from each of the total quarterly amounts only

where the grantee has determined that false or erroneous wage record datahave been reported to the grantee, or the individual has receiveddistributions related to severance pay or other earnings attributable totermination from an employment situation. Such a determination by the

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grantee must be based on documented procedures and processes for editingand cleaning wage record data and are subject to audit.

Adult Average Earnings (Effective July 1, 2006)

Of those who are employed in the first, second, and third quarters after the exit quarter:

[Total earnings in the second quarter plus total earnings in the third quarter afterthe exit quarter] divided by the number of adult participants who exit during thequarter.

Operational Parameters: • To ensure comparability of this measure on a national level, wage records will

be the only data source for this measure. Acceptable wage record sources area state's Unemployment Insurance wage records, Federal employment wagerecords, military employment wage records, and other administrative

records.

• Individuals whose employment in either the first, second, or third quartersafter the exit quarter was determined solely from supplementary sources andnot from wage records are excluded from the measure.

4. Adult Employment and Credential/Certificate Rate

Of those adults who received training services:

Number of adult participants who were employed in the first quarter after exit

and received a credential / certificate by the end of the third quarter after exitdivided by the number of adult participants who exit during the quarter.

Operational Parameters: • The use of the definition of "certificate" is applicable for participants who

begin receiving services on or after July 1, 2006. Adult participants whoreceived training services prior to July 1, 2006 are covered under the previousrequirements.

• The numerator of this measure includes those who were employed in the firstquarter after exit regardless of whether they were employed at participation.

Credentials/certificates can be obtained while a person is still participating inservices and up to three quarters following exit.

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Dislocated Worker Measures

5. Dislocated Worker Entered Employment Rate

Of those who are not employed at the date of participation:

The number of dislocated worker participants who are employed in the firstquarter after the exit quarter divided by the number of dislocated worker participants who exit during the quarter.

Operational Parameters: • Individuals who are employed at the date of participation are excluded

from this measure (i.e., programs will not be held accountable for theseindividuals under this measure).

• Individuals who, although employed, have either received a notice of

termination of employment or the employer has issued a WorkerAdjustment and Retraining Notification (WARN) or other notice that thefacility or enterprise will close, or are transitioning service members areconsidered not employed and are included in the measure.

• Employment at the date of participation is based on information collectedfrom the individual, not from wage records.

6. Dislocated Worker Employment Retention Rate

Of those who are employed in the first quarter after the exit quarter:

The number of dislocated worker participants who are employed in both thesecond and third quarters after the exit quarter divided by the number ofdislocated worker participants who exit during the quarter.

Operational Parameters: • This measure includes only those who are employed in the first quarter

after the exit quarter (regardless of their employment status at participation).

• Individuals who are not employed in the first quarter after the exit quarter

are excluded from this measure (i.e., programs will not be heldaccountable for these individuals under this measure).

• Employment in the first, second, and third quarters after the exit quarterdoes not have to be with the same employer.

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7. Dislocated Worker Earnings Change in Six Months (Applicable for PY 2005

Only)

Of those dislocated workers who are employed in the first quarter after the exit quarter:

[Total earnings in the second quarter plus total earnings in the third quarter afterthe exit quarter] minus [total earnings in the second quarter plus total earningsin the third quarter prior to the participation quarter] divided by the number ofdislocated worker participants who exit during the quarter.


will be the only data source for this measure. Acceptable wage recordsources are a state's Unemployment Insurance wage records, Federalemployment wage records, military employment wage records, and otheradministrative wage records (See section 7 of this TEGL).

• Individuals whose employment in either the first or third quarter after theexit quarter was determined from supplementary sources and not from wagerecords are excluded from the measure.

• Grantees must initiate processes to obtain the second and third quarter pre program earnings for the individual at the time of participation in the program.

• Earnings may be excluded from each of the total quarterly amounts onlywhere the grantee has determined that false or erroneous wage record data

have been reported to the grantee, or the individual has receiveddistributions related to severance pay or other earnings attributable totermination from an employment situation. Such a determination by thegrantee must be based on documented procedures and processes for editingand cleaning wage record data and are subject to audit.

Dislocated Worker Average Earnings (Effective July 1, 2006)

Of those who are employed in the first, second, and third quarters after the exit quarter:

[Total earnings in the second quarter plus total earnings in the third quarter after

the exit quarter] divided by the number of dislocated worker participants whoexit during the quarter.

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will be the only data source for this measure. Acceptable wage recordsources are a state's Unemployment Insurance wage records, Federalemployment wage records, military employment wage records, and other

administrative wage records (See section 7 of this TEGL).

• Individuals whose employment in either the first, second, or third quartersafter the exit quarter was determined solely from supplementary sources andnot from wage records are excluded from the measure.

8. Dislocated Worker Employment and Credential/Certificate Rate

Of those dislocated workers who received training services:

Number of dislocated worker participants who were employed in the first

quarter after exit and received a credential / certificate by the end of the thirdquarter after exit divided by the number of dislocated worker participants whoexit during the quarter.


begin receiving services on or after July 1, 2006. Dislocated worker participants who received training services prior to July 1, 2006 are coveredunder the previous requirements.

• The numerator of this measure includes those who were employed in the first

quarter after exit regardless of whether they were employed at participation.

• Credentials/certificates can be obtained while a person is still participating inservices and up to three quarters following exit.

Older Youth (Age 19-21) Measures

9. Older Youth Entered Employment Rate

Of those who are not employed at the date of participation and who are either not enrolled

in post-secondary education or advanced training/advanced training-occupational skills

training in the first quarter after the exit quarter or are employed in the first quarter afterthe exit quarter:

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Number of older youth participants who are employed in the first quarter afterthe exit quarter divided by the number of older youth participants who exitduring the quarter.

Operational Parameters:

• Individuals who are employed at participation are excluded from thismeasure (i.e., programs will not be held accountable for these individualsunder this measure).

• The use of the definition of "advanced training/occupational skills training"is effective on July 1, 2006. Youth participants who received services prior toJuly 1, 2006 are covered under the previous requirements.

• Employment at participation is based on information collected from the participant, not from wage records.

• Individuals in both employment and post-secondary education or advancedtraining in the first quarter after exit will be included in the denominator.Individuals who are not employed, but are in only post-secondary educationor advanced training in the first quarter after exit are excluded from thismeasure (i.e., programs will not be held accountable for these individualsunder this measure).

10. Older Youth Employment Retention Rate at Six Months

Of those older youth who are employed in the first quarter after the exit quarter and

who are either not enrolled in post-secondary education or advanced training/advanced

training-occupational skills training in the third quarter after the exit quarter or areemployed in the third quarter after the exit quarter:

Number of participants who are employed in the third quarter after the exitquarter divided by the number of older youth participants who exit during thequarter.

Operational Parameters: • This measure includes individuals who are employed in the first quarter

following exit, except those individuals who are employed in the firstquarter and not employed in the third quarter following exit, but are in

post-secondary education or advanced training in the third quarterfollowing exit. These individuals are excluded from this measure (i.e., programs will not be held accountable for these individuals under thismeasure).

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• The use of the definition of "advanced training/occupational skillstraining" is effective on July 1, 2006. Youth participants who receivedservices prior to July 1, 2006 are covered under the previous requirements.

• Employment in the first and third quarters following exit does not have to

be with the same employer.

11. Older Youth Earnings Change in Six Months

Of those who are employed in the first quarter after the exit quarter and who are either

not enrolled in post-secondary education or advanced training/advanced training-

occupational skills training in the third quarter after the exit quarter or are employed in

the third quarter after the exit quarter:

Total post-program earnings [earnings in quarter 2 + quarter 3 after exit] minus pre-program earnings [earnings in quarter 2 + quarter 3 prior to participation]

divided by the number of older youth participants who exit during the quarter.

Operational Parameters: • This measure includes the same population as the older youth employment

retention measure (regardless of their employment status at participation).

• The use of the definition of "advanced training/occupational skillstraining" is effective on July 1, 2006. Youth participants who receivedservices prior to July 1, 2006 are covered under the previous requirements.

• To ensure comparability of this measure on a national level, the wage

records will be the only data source for this measure. Acceptable wagerecord sources are a state's Unemployment Insurance wage records, Federalemployment wage records, military employment wage records, and otheradministrative wage records (See section 7 of this TEGL).

• Individuals whose employment in either the first or third quarter after theexit quarter was determined from supplementary sources and not fromwage records are excluded from the measure.

• Grantees must initiate processes to obtain the second and third quarter pre program earnings for the individual at the time of participation in the

program.

• Earnings may be excluded from each of the total quarterly amounts onlywhere the grantee has determined that false or erroneous wage record datahave been reported to the grantee, or the individual has received

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distributions related to severance pay or other earnings attributable totermination from an employment situation. Such a determination by thegrantee must be based on documented procedures and processes for editingand cleaning wage record data and are subject to audit.

• ETA will not be amending the older youth earnings measure to an averageearnings measure since the older youth earnings measure may beeliminated upon WIA reauthorization.

12. Older Youth Credential/Certificate Rate

Number of older youth participants who are either employed, in post-secondary education, or in advanced training/advanced training-occupationalskills training in the first quarter after the exit quarter and received acredential/certificate by the end of the third quarter after the exit quarterdivided by the number of older youth participants who exit during the quarter.


begin receiving services on or after July 1, 2006. Older youth participantswho received services prior to July 1, 2006 are covered under the previousrequirements.

• The use of the definition of ''advanced training/ occupational skillstraining" is effective on July 1, 2006. Youth participants who receivedservices prior to July 1, 2006 are covered under the previous requirements.

•

As opposed to the adult and dislocated worker measures where acredential/certificate must be coupled with employment, for older youth, acredential/certificate can be coupled with employment entry into post-secondary education, or entry into advanced training.

• As opposed to the adult and dislocated worker measures where only thosewho received training services are included in the measure, all older youthexiters will be included in this measure.

• Credentials/certificates can be obtained while a person is still participatingin services.

Younger Youth (Age 14-18) Measures

13. Younger Youth Skill Attainment Rate

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Of all in-school youth and any out-of-school youth assessed to be in need of basic skills,

work readiness skills, and/or occupational skills:

Total number of basic skills goals attained by younger youth plus number ofwork readiness skills goals attained by younger youth plus number of

occupational skills goals attained by younger youth divided by the totalnumber of basic skills goals plus the number of work readiness skills goals plusthe number of occupational skills goals set.

Operational Parameters: • The measure creates an appropriate intermediate-type measure for youth

who require more services, such as academic and soft skills development, prior to attaining a diploma or equivalency, employment, and postsecondary education.

• If a participant is deficient in basic literacy skills, the individual must set, at

a minimum, one basic skills goal (the participant may also set workreadiness and/or occupational skills goals, if appropriate).

• WIA participants counted in this measure may be in-school; and out-of-school youth assessed to be in need of basic skills, work readiness skills,and/or occupational skills.

• All youth measured in this rate must have a minimum of one skill goal set per year and may have a maximum of three goals per year.

• The target date for accomplishing each skill goal must be set for no later

than one year.

• If the goal is not attained by the time of exit, the youth participant cannot becounted as a positive in the measure.

• The skill goal or the target date set can only be extended if the participanthas a gap in service in which the participant is not receiving services but plans to return to the program. The one year clock for the goal target datestops. The clock begins again once the participant begins to receive programservices.

•

Goals will fall into the category of basic skills, work readiness skills, oroccupational skills. Participants may have any combination of the threetypes of skill goals (three skill goals in the same category, two skill goals inone category and one skill goal in another, or one skill goal in each category,etc.).

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• Success of skill attainment goals will be recorded in the quarter of goalachievement, while failure will be recorded in the quarter one year from thetime the goal was set if not attained by such time.

14. Younger Youth Diploma or Equivalent Attainment

Of those younger youth who are without a diploma or equivalent at the time of

participation:

Number of younger youth who attained secondary school diploma orequivalent by the end of the first quarter after exit divided by the number ofyounger youth who exit during the quarter (except those still in secondaryschool at exit).

Operational Parameters: • If a younger youth exits WIA while still enrolled in secondary education,

the individual is excluded from the measure (i.e., programs will not be heldaccountable for these individuals under this measure).

• All younger youth (except those still in secondary school at exit and thosewho have already attained their diploma or equivalent prior to participation) will be assessed in this measure in the quarter after exit.

15. Younger Youth Retention Rate

Number of younger youth found in one of the following categories in the thirdquarter following exit:

• post secondary education• advanced training (replaced with advanced training or occupational skills

in PY 2006)• employment (including military service)• qualified apprenticeships

divided by the number of younger youth who exit during the quarter (exceptthose still in secondary school at exit).

Operational Parameters:

• If the participant is in one of the placement activities listed above during thethird quarter following exit, the individual is counted as successfullyretained (the participant does not have to remain in the same activity for the

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entire retention period, as long as the participant is found in one of theactivities during the third quarter).

• The use of the definition of " advanced training/occupational skillstraining" is effective on July 1, 2006. Younger youth participants who

received services prior to July 1, 2006 are covered under the previousrequirements.

• If the participant exits WIA and does not enter into any of placementactivities by the time retention is measured, the participant is counted in thedenominator of the measure and it is reflected as a negative outcome.

• If a younger youth exits WIA while still enrolled in secondary education,the individual is excluded from the measure (i.e., programs will not be heldaccountable for these individuals under this measure).

Customer Satisfaction Measures

To meet the customer satisfaction measurement requirements of WIA, ETA will usecustomer satisfaction surveys. The survey approach that will be utilized allows stateand local flexibility and, at the same time, captures common customer satisfactioninformation that can be aggregated and compared at a state and national level. Thiswill be done through the use of a small set of required questions that form acustomer satisfaction index. ETA continues to use the American CustomerSatisfaction Index (ACSI), which is created by combining scores from three specificquestions that address different dimensions of customers' experiences. For WIAapplication, there will be one score for each of the two customer groups: participants

and employers.

Some of the most advanced thinking in the business world recognizes that customerrelationships are best treated as assets, and that methodical analysis of theserelationships can provide a road map for improving them. The ACSI was developedto provide business with this analytical tool. The index, often referred to as "thevoice of the nation's consumer," is published quarterly in the Wall Street Journal. In1999, government employed the ACSI to analyze its relationships with its customers- American citizens.

Since 1999 and the development of the baseline data, yearly scores have helped to

demonstrate the rate and extent of improvement in the areas where there wassuccess in addressing customers' needs and areas where improvement was needed.According to the 2004 ACSI special report on citizen and user evaluation of servicesfrom 23 federal government agencies and 54 federal government Web sites,customers appear to be more satisfied with government services. The ACSI allows

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the workforce investment system to not only look at performance within the system, but also to gain perspective on the workforce system's performance by benchmarking against organizations and industries outside of the system.

Since the ACSI trademark is proprietary property of the University of Michigan and

its software is owned by Claes Fornell International (CFI) Group, the Departmenthas established a license agreement with the University of Michigan that allowsstates the use of the ACSI for a statewide sample of participants and employers.States that want to use the ACSI for measuring customer satisfaction for each localarea will have to establish an independent contract with the University of Michigan.States may also contract with CFI Group for additional assistance in measuring,analyzing, and understanding ACSI data.

Please refer to the WIA Management Information and Reporting System datacollection package, initially approved by the Office of Management and Budgetthrough emergency clearance on April 11, 2005, for information on creating and

administering the ACSI at the state level. Please note that full approval of this package is anticipated in Spring 2006.

Please note the following clarification concerning surveying employers that wasinadvertently omitted from the WIA Information Management System datacollection package: In some instances, an employer may receive multiple servicesand have multiple contacts listed for the employer. In this situation, the employercontact receiving the greatest amount of service should be surveyed about theemployer's satisfaction. An employer should only be surveyed once during thecourse of the program year.

16. Participant Satisfaction Score

The weighted average of participant ratings on each of the three questionsregarding overall satisfaction are reported on a 0-100 point scale. The score is aweighted average, not a percentage.

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17- Employer Satisfaction Score

The weighted average of employer ratings on each of the three questionsregarding overall satisfaction are reported on a 0-100 point scale. The score is aweighted average, not a percentage.

D. Parameters for Collecting Customer Satisfaction Information to Measure Local

Workforce Investment Board (WIB) Performance

States may purchase and use the ACSI methodology to measure local WIB performance or they may develop their own customer satisfaction measurementinstruments and methodology to be used by all WIBs. To ensure customersatisfaction results for individuals are collected in a consistent and uniform mannerthroughout the state, procedures used to obtain participant and employer customersatisfaction information on local WIBs should satisfy the following criteria.

1. Procedures should:

• Measure customer satisfaction of employers and participants with servicesreceived from the local workforce investment program under Title IB (Section136(b)(2)(B));

• Ensure the satisfaction of employers and participants with services can bereported in an objective, quantifiable and measurable way (Section

• Be consistently applied among all local WIBs;

• Be collected in a uniform and equitable manner for each WIB throughout thestate; and

• Conform to widely accepted methodological and statistical criteria formeasuring customer satisfaction.

2. The customer satisfaction data collected should be of public use quality.Sufficient safeguards should be used to ensure the integrity of the data.

3. The core question(s) and survey approach (e.g., in-person, telephone or mail)used by states to collect customer satisfaction information at the local level must be uniformly applied throughout the state. A core question is one that requires avalid response to calculate customer satisfaction.

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If the state uses the ACSI approach for each local WIB and wants to use theseresults to derive state level outcomes, the customer satisfaction information foreach WIB must be collected by telephone interviews to be consistent with theguidelines detailed in WIA Information Management System data collection package. In-person interviews and mail questionnaires may be used only in

situations where the individual does not have a telephone. The ACSI corequestions outlined in WIA Information Management System data collection package must also be used in the surveys.

4. Participants and employers should be contacted and respond as soon as possibleafter the receipt of the service(s). If the state is using the ACSI approach togather results for each local WIB and wants to use these results to derive statelevel outcomes, the following timeframes should be observed:

• Participants should be contacted as soon as possible on or after the lastexpected service date and no later than 60 days after the closure date. Please

refer to Section E, Definitions of Terms, for operational guidance on the use ofthe "last expected service date" term. Closure date is another term for the"last expected service date."

• Employers should be contacted as soon as possible after the completion of theservice and no later than 60 days after the completion of the service. Foremployers who listed a job order where no referrals were made, contactshould occur 30 to 60 days after a job order was listed. In some instances, anemployer may receive multiple services and have multiple contacts listed forthe employer. In this situation, the employer contact receiving the greatestamount of service should be surveyed about the employer's satisfaction. An

employer should only be surveyed once during the course of the programyear.

5. Both of the questionnaires for participants and employers must include one ormore core questions used to determine overall satisfaction with services.Respondents should be told that responding to the survey is voluntary and thatthe information they provide will be kept confidential. States and WIBs mayinclude other questions in the participant and employer surveys. However, thecore question(s) on overall satisfaction should be asked first on the questionnaireto avoid biasing results that may arise from the ordering of questions.

6.

Guidelines for constructing the core question(s) are:

• Expect only moderate knowledge, understanding and recall of services;

• Write questions and response options that are clear and unambiguous;

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• Provide for varying degrees of satisfaction and dissatisfaction in the responseoptions;

• The questions should be worded in a neutral way to avoid leading therespondent;

• With one or more questions, ask respondents to rate their overall satisfactionwith services; and

• Before asking the respondent to rate his or her satisfaction with services,confirm early in the interview that the respondent is a customer.

7. Attempts should be made to contact all participants and employers selected inthe sample, if applicable. Sampling is not required to obtain results for localWIBs.

8.

If sampling is used, all samples must be randomly selected from the samplingframe. The sampling frame is a list of individuals eligible for the survey.

All samples should meet the minimum sample size requirements specified inItem 10 (minimum sample sizes for surveys of participants or employers). Thesampling percentage should be constant over time to avoid under-representingor over-representing time intervals.

9. Programs may randomly sample both participants and employers to obtain thedesired number of completed surveys. The sampling method must conform towidely accepted statistical approaches.

The response rate is calculated as the number of respondents with completecustomer satisfaction information divided by the total number who were actuallyreached by phone who were eligible for the survey. A survey is consideredcomplete when a valid answer is provided by a respondent for each corequestion.

10. The minimum numbers of completed interviews for various sampling frame

sizes for the two surveys (participants and employers) are outlined below. For asurvey to project results confidently to the total population being studied, theresponding sample selected must be large enough for each local WIB to reach the

desired number of completed interviews. States are responsible for determiningthe sample sizes or sampling rates needed to reach the minimum number ofrespondents. Please refer to the table on the following page for the requirednumber of completed interviews.

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Required Number Completed Interviews

Size of Completed

Sampling Frame Interviews

Over 10,000 500

5,001 -10,000 370 3,001 - 5,000 356

2,001 - 3,000 340

1,501 - 2,000 321

1,251 -1,500 305

1,001 -1,250 293

901 -1,000 277

801 - 900 268

701 - 800 259

601 - 700 247

501 - 600 233

451 - 500 216 401 - 450 206

351 - 400 195

326 - 350 182

301 - 325 175

276 - 300 168

251 - 275 160

226 - 250 151

201 - 225 141

176 - 200 131

151 -175 119

126 -150 107 101 -125 93

91 -100 79

81 - 90 72

71 - 80 65

61 - 70 58

56 - 60 52

51 - 55 47

45 - 50 42

Under 45 All in Sampling Frame

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11. Every precaution should be taken to prevent a response bias.

12. As mentioned earlier in this issuance, states using the ACSI methodology to

measure local WIB performance are not required to conduct separate customer

satisfaction surveys to obtain state level results. In situations where a single

sampling rate is used throughout the state, the local WIB ACSI results on acustomer satisfaction measure may simply be aggregated to obtain state level

results.

In situations where different sampling rates exist for the WIBs in a state, each

WIB's ACSI score must be weighted before aggregating the outcomes to obtain

results that are representative of the state overall. The information needed to

compute these weighted scores are the sample frames for each WIB in the state

and each WIB's ACSI score.

To illustrate how these weights are derived, consider the following example.

Participant Employer

Sampling Sampling

Name Frame ACSI Frame ACSI

WIB 1 1,824 67.2 597 65.2

WIB 2 1,025 78.1 533 80.0

WIB3 1,151 68.6 487 67.0

State A 4,000 ///// 1,617 ////

The weighted score would be calculated for each WIB by multiplying the ACSIscore by the number in the WIB sample frame. These weighted WIB scores

would then be totaled and divided by the sum of the sampling frame sizes for all

WIBs in the state to obtain a state ACSI score. Using the figures provided in the

example, the ACSI scores for the State are calculated in the following manner.

Participant Employer

WIB1 (67.2*1,824)=122,572.8 (65.2*597)=38 924.4

WIB2 (78.1*1,025)= 80,052.5 (80.0*533)=42640.0

WIB 3 (68.6*1,151)= 78,958.6 (67.0*487)=32629.0

Total = 281,583.9 Total « 114,193.4

State A ACSI score for participants. (281,583.9/4,000)= 70.4

State A ACSI score for employers. (114,193.4/1,617)= 70.6

27

8/11/2019 TA_manual


ATTACHMENT E: FEDERAL JOB TRAINING AND EMPLOYMENT PROGRAMS

IMPACTED BY COMMON MEASURES

In addition to programs administered by ETA, the following Federal programs are

subject to the common measures:

Department of Labor Job CorpsPrograms for Veterans:

- Veterans’ Workforce Investment Program- Disabled Veterans’ Outreach Program- Local Veterans’ Employment Representatives- Homeless Veterans’ Reintegration Program

Department of EducationAdult EducationRehabilitation Services:

- Vocational Rehabilitation Grants to States- American Indian Vocational Rehabilitation Services- Supported Employment State Grants- Projects with Industry- Migrant and Seasonal Farm Workers

State Grants for Incarcerated Youth OffendersVocational Education:

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