An Integrated Guide to WIA Program Eligibility

1. An Integrated Guide toWIA Program Eligibility • Updated August 18, 2011

2. Agenda • Introductions • Review of State and Federal Guidance and Programs • Eligibility and Performance Measures • Basic Approaches • Eligibility and Reporting • Necessary and Sufficient Conditions for Eligibility • Cycles of Eligibility Determination • Questions and Close

3. References • TEGL 4-89 Application of Selective Service Registration Requirements • TEGL 9-00 Competitive and Non-Competitive Procedures for Youth Activities • TEGL 18-00 Program Guidance for Implementation of Youth Services • TEGL 12-01 Clarification on Selected Activities and Issues under the Workforce Investment Act (WIA) • TEGL 3-04 New Strategic Vision for Delivery of Youth Services • TEGL 17-05 Common Measures Policy • TEN 18-05 John H. Chafee Foster Care Independence Program *List may not include all guidance pertaining to WIA Youth Services as new regulations and changes to existing guidance are constant,. The state will attempt to update this list as new information is released

4. References • TEGL 28-05 Expanding ETA’s Vision for Delivery of Youth Services • TEGL 2-07 Leveraging Registered Apprenticeship as a Workforce Development Strategy for the Workforce Investment System • TEGL 8-08 Flexibility in Economic Recovery • TEGL 15-10 Increasing Credential, Degree, & Certificate Attainment • TEGL 30-10 WIA Youth Program Guidance for Program Year 2011 • TEN 21-07 Testing & Assessments: A guide to best practices • TEGL 31-10 Increasing Enrollment and Improving Services to Youth with Disabilities • TEN 10-09 Toolkit and White Paper on Improving Transition Outcomes of Youth with Disabilities through Apprenticeship *List may not include all guidance pertaining to WIA Youth Services as new regulations and changes to existing guidance are constant,. The state will attempt to update this list as new information is released

5. References • WIA Memo Number E&T 00-07 Youth Eligibility Criteria • WIA Memo Number E&T 00-09 Services to Youth, Adults, and Dislocated Workers • WIA Memo Number E&T 02-19 In-School/Out-of-School Clarification • WIA Memo Number E&T 10-47 Program Design of Youth Services • WIA Memo Number E&T 07-32 Using Various Assessments to Determine WIA Title I Customers Needs *List may not include all guidance pertaining to WIA Youth Services as new regulations and changes to existing guidance are constant,. The state will attempt to update this list as new information is released

6. Eligibility and Performance • Entered Employment • Employment Retention • Earnings • Youth Attainment Measure • Youth Placement and Retention Measure • Literacy and Numeracy Measure

7. Basis of Basics • Eligibility is Between Case Manager and Participant • Part of Streamlined Procedures • Clarifications on Youth Eligibility Guidelines • US Congress has Authority to Modify Eligibility Criteria • Federal Guidance and Interpretations • 5% Youth and 30% Youth

8. Program and Eligibility Basicsfor Formula and Discretionary Grantees

9. The Wagner Peyser Act • Passed in 1933 as a means of dealing with the mass unemployment of the Great Depression. • Revised in 1998 under WIA to be part of the One Stop system • Known by many names—but always has the same mission.

10. Wagner Peyser Services Job Seekers • Job search • Job referral • Job placement • Re-employment services • Recruitment

11. MSFW • States are required to ensure that services are “qualitatively equivalent and quantitatively proportionate” to the services provided to other job seekers • States and regional monitor advocates are responsible for ensuring that services are in line with Federal requirements and WIA.

12. Re-Employment Services • Designed to expand the quality and quantity of services to UI claimants • Provides immediate referrals • Provides an intervention to the most in need • Bottom line: identify those at risk early and get them the services they need.

13. Trade Act • The Trade Act was passed initially in 1974 as a means of protecting workers whose jobs were lost due to overseas competition. • The Trade Act established a means of providing income support and training to affected workers • The Act was amended in 2002 and 2009 with substantial changes to the services to affected workers

14. Trade Services • Trade eligible workers may access: • Income support – trade benefits • Relocation allowances • Job search allowances • Health coverage tax credit

15. Unemployment Insurance • The UI program was created in 1935 in response to the Great Depression. • UI is a Federal and state partnership that provides income support to eligible workers. • The basic legal structure is standard but policies vary from state to state.

16. UI Benefits • Intended to provide temporary financial assistance to unemployed workers • Eligibility, benefit amounts, and length of time benefits can be received are determined by state law • Most states’ benefits are funded solely on an employer tax

17. National Programs • Indian and Native American grants to Reservations • Migrant and Seasonal Farm Workers • Mature Workers (SCSEP) • Disability • Foreign Labor Certification (FLC)

18. WIA • Title One: Workforce Investment Systems • Title Two: Adult Education and Literacy • Title Three: Workforce Investment Related Activities • Title Four: Rehabilitation Act Amendments of 1998 • Title Five: General Provisions

19. Key Elements of WIA • State and local workforce boards • The One Stop • Focus on the customer • Customer choice • Integrated services • Universal access • Performance accountability

20. The WIA Customers • Adults • Youth • In school • Out of school • Dislocated workers • The Employer customer

21. Key Elements of WIA • (15) Family.--The term ``family'' means two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following categories: (A) A husband, wife, and dependent children. (B) A parent or guardian and dependent children. (C) A husband and wife. • *The issue of guardianship concerning dependent children may be determined by decree of court or may be determined by a state or federal agency which has established or assumed guardianship.

22. Key Elements of WIA • Dependent child (Working Families Tax Relief Act of 2004)-A youth under age 19 (or under 24 and a full-time student), living in a single residence, and who is being claimed as a dependent on a parents or guardian’s income tax return • Related by blood or adoption • Shared the same principal residence as the parent/guardian for more than half of the tax year (exceptions apply in some cases) • Met one of the following: younger than 19; younger than 24 if a full-time student for at least 5 months during the year; or totally and permanently disabled during any part of the year • Did not provide more than half of his or her own support during the year • A U.S. citizen or national, or a permanent resident

23. WIA Youth Eligibility Criteria Under Title 1, Sections 101 and 127, and eligible youth is an individual who: (1) is 14 – 21 years of age; and (2) is an individual who received a total family income or are members of a family that received a total family income that does not exceed the higher of (a) the poverty line; or (b) 70 percent of the lower living standard income; and (3) meets one or more of the following criteria: Is an individual who is deficient in basic literacy skills; a school dropout; homeless; a runaway; a foster child; pregnant or a parent; and offender; or requires additional assistance to complete their education or secure and hold employment.* *GAO-03-589, Appendix IX: Program Objectives and Eligibility Criteria for Federally Funded Employment and Training Programs

24. WIA Youth Program • 14-21 at the time of determination of eligibility and youth program participation (see WIA Section 101 (13)(A)) AND • Must be a citizen, U.S. national, lawfully admitted permanent resident alien, refugee, or other immigrant authorized by the Attorney General to work in the U.S. (WIA Section 188 (a)(5)) AND • Must be in compliance with the Military Selective Service Act (WIA Section 189 (h)) • Males born on or after Jan. 1, 1960 • Can register within 6 months of his 18th birthday and up to age 26 • Exempt if he is honorably discharged veteran or has an obvious disability which would disqualify him from military service • Website to verify compliance: www.sss.govAND

25. WIA Youth Program • Low-income (WIA Section 188(a)(5)) • Receives or is a member of a family that receives cash payments under a Federal, State, or local income based public assistance program (WIA Section 101(25)(A)) • TANF • Refugee Assistance • SSI • Disability Assistance • OR

26. WIA Youth Program • Is a member of a household that receives (or has been determined within the 6-month period prior to application for the program involved to be eligible to receive) Food Stamps (WIA Section 101 (25) (C) OR • Qualifies as a homeless individual as defined in the Stewart B. McKinney Homeless Assistance Act (WIA Section 101 (25) (D) OR • Is a foster child on behalf of whom State or local government payments are made (WIA Section 101 (25) (E) OR • Received an income, or is a member of a family that received a total family income for the 6-month period prior to application that, in relation to family size does not exceed the higher of the poverty level or 70% of the lower living standard income level (LLSIL) (WIA Section 101 (25) (B) • Family Income EXCLUDES- • Unemployment compensation • Child support payments • Cash payments under a Federal, State, or local income-based public assistance program • Old-age and survivors insurance benefits (Section 202 of the Social Security Act)

27. WIA Youth Program • Low-income • Cash public assistance, family size and income, food stamps, homeless, foster child, and disability (family of one) • AND barrier • Deficient in basic skills, school dropout, homeless, runaway, foster child, pregnant or parenting, offender, an individual who requires additional assistance to complete an educational program, or to secure and hold employment. • 5% window with at least one or more barriers. • (school dropout, basic skills deficient, behind one or more grade levels, pregnant or parenting, individual with a disability, homeless or runaway, offender, or face a serious barrier to employment as identified by the local board)

28. WIA Youth Program • Definitions of Program Eligibility Criteria Terms for Barriers • Basic literacy skills deficient (WIA Section 101 (4)) –The individual has English reading, writing or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test • School dropout (WIA Section 101 (39)) – An individual who is no longer attending school and has not received a secondary school diploma or its recognized equivalent • Homeless (Stewart B. McKinney Homeless Assistance Act)- An individual who lacks a fixed, regular, adequate night-time residence

29. WIA Youth Program • Definitions of Program Eligibility Criteria Terms for Barriers • Runaway (WIASRD)- A person under 18 years of age who absents himself or herself from home or place of legal residence without the permission of his or her family • Foster Child (WIA Section 101 (25) (E)) – An individual who is in foster care for whom State or local government payments are made • Pregnant or Parenting (WIASRD) – An individual who is either under 22 years of age and who is pregnant, or an individual (male or female) who is providing custodial care for one or more dependents under the age of 18

30. WIA Youth Program • Definitions of Program Eligibility Criteria Terms for Barriers • Offender (WIA Section 101 (27)) – An individual who is or has been subject to any stage of the criminal justice process, for whom services under this Act may be beneficial; or who requires assistance in overcoming artificial barriers to employment resulting from a record of arrest or conviction • Individual with a disability (WIA Section 101 (17)) – An individual with any disability as defined in section 3 of the Americans with Disabilities Act of 1990

31. WIA Youth Eligibility Criteria Under Title 1, Sections 101 and 127, and eligible youth is an individual who: (1) is 14 – 21 years of age; and (2) is an individual who received a total family income or are members of a family that received a total family income that does not exceed the higher of (a) the poverty line; or (b) 70 percent of the lower living standard income; and (3) meets one or more of the following criteria: Is an individual who is deficient in basic literacy skills; a school dropout; homeless; a runaway; a foster child; pregnant or a parent; and offender; or requires additional assistance to complete their education or secure and hold employment.* *GAO-03-589, Appendix IX: Program Objectives and Eligibility Criteria for Federally Funded Employment and Training Programs

32. Necessary Conditions • Low Income • Receiving Public Assistance • Special Summer Employment Projects • Pilot and Demonstration Projects • ARRA Recovery Act • High Demand/Growth Occupation Training Projects

33. Sufficient Conditions • Unemployed • Underemployed • Basic Skills Deficient • Assessment • Funding: Priority or Not • Veteran or Spouse of Veteran

34. Cycles of Eligibility

35. The Goals of Doing Eligibility Work S M A R T Specific Measurable Achievable Results Oriented Time Sensitive

36. The General Process of Intake, Participation, and Closure 5. 1. Closure and Follow Up Intake and Referral 1. and 2. and 3. Show the Arc of Eligibility Determinations. The Parts of the Process that Involves Specific WIA Eligibility Procedures. 4. 2. Develop and Implement Service Strategy Data and Document Collection 3. Assessment and Counsel

37. Youth Formula Funded: Eligibility Also Take into Account the Needs of the Participant and the Available Training or Employment 5. 1. Review Application Details, Such as School Status. Develop and Implement ISS in the Light of Assessment and 10 Program Elements. Bear in Mind, the individual may best be served by an organization other than WIA. Requires Referral. See eCMATS ‘Concurrent Participation’ for formula co-enrollment 4. 2. If no Co-enrollment, the Participant is Considered Formula Funded Calculate Income or LLSIL; Public Assistance, Enter Eligibility Data Points into eCMATS. Also Select Barriers such as Additional Assistance DRVS Handbook, for Data Validation definesdata points for which Adequate Documents must be Collected. See Handout See TEN No. 21-07, and Testing and Assessment: A Guide to Best Practices for Workforce Development Professionals. And TEGL 17-05 Common Measures 3. Assessment and Counsel

38. Youth Statewide Funded: Eligibility Also Take into Account the Talents and Needs of the Participant and the Available Training or Projects 5. 1. Review Application Details, Such as School Status. Develop and Implement ISS in the Light of Assessment. and Project Design Bear in Mind, the individual may best be served by an organization other than WIA. Requires Referral. See eCMATS ‘Concurrent Participation’ for Statewide co-enrollment, or ARRA 4. 2. If Applicable, Calculate Income or LLSIL; Select Barriers; Public Assistance, Enter Eligibility Data Points into eCMATS, such as Special Programs for Youth Co-enrollment in Statewide is Necessary. For Dual Funding, also select Formula in Concurrent Participation, or ARRA DRVS Handbook, for Data Validation definesdata points for which Adequate Documents must be Collected. See Handout See TEN No. 21-07, and Testing and Assessment: A Guide to Best Practices for Workforce Development Professionals. And TEGL 17-05 Common Measures 3. Assessment and Counsel

39. ARRA-Only Funded: Eligibility Also Take into Account the Talents and Needs of the Participant and the Available Training or Employment 5. 1. Review Application Details, Such as School Status for Youth, And, UI Recipient or not. Consider prolonged unemployment. Develop and Implement ISS or IEP, in the Light of Assessment. ARRA Focuses on Hardest to Serve See eCMATS ‘Concurrent Participation’ for Formula and Statewide co-enrollment, and ARRA 4. 2. If No Co-enrollment, Participant Considered Formula funded. For Dual Funding, also select Formula or Statewide in Concurrent Participation, and ARRA For Youth, calculate Income or LLSIL; Public Assistance, Enter Eligibility Data Points into eCMATS. Include Barrier Data Points for Youth DRVS Handbook, for Data Validation definesdata points for which Adequate Documents must be Collected. See Handout See TEN No. 21-07, and Testing and Assessment: A Guide to Best Practices for Workforce Development Professionals. Skill Attainment and Summer Completion are the only measures. 3. Assessment and Counsel

40. 30% Funded: Eligibility Also Take into Account the Needs of the Participant and the Available Training or Employment 5. 1. Review Application Details, Such as School Status. Develop and Implement ISS in the Light of Assessment and 10 Program Elements. Bear in Mind, the individual may best be served by an organization other than WIA. Requires Referral. See eCMATS ‘Concurrent Participation’ for formula co-enrollment 4. 2. If no Co-enrollment, the Participant is Considered Formula Funded Calculate Income or LLSIL; Public Assistance, Enter Eligibility Data Points into eCMATS. Also Select Barriers such as Additional Assistance DRVS Handbook, for Data Validation definesdata points for which Adequate Documents must be Collected. See Handout See TEN No. 21-07, and Testing and Assessment: A Guide to Best Practices for Workforce Development Professionals. And TEGL 17-05 Common Measures 3. Assessment and Counsel

41. 5% Funded: Eligibility Also Take into Account the Talents and Needs of the Participant and the Available Training or Projects 5. 1. Review Application Details, Such as School Status. Develop and Implement ISS in the Light of Assessment. and Project Design Bear in Mind, the individual may best be served by an organization other than WIA. Requires Referral. See eCMATS ‘Concurrent Participation’ for Statewide co-enrollment, or ARRA 4. 2. If Applicable, Calculate Income or LLSIL; Select Barriers; Public Assistance, Enter Eligibility Data Points into eCMATS, such as Special Programs for Youth Co-enrollment in Statewide is Necessary. For Dual Funding, also select Formula in Concurrent Participation, or ARRA DRVS Handbook, for Data Validation definesdata points for which Adequate Documents must be Collected. See Handout See TEN No. 21-07, and Testing and Assessment: A Guide to Best Practices for Workforce Development Professionals. And TEGL 17-05 Common Measures 3. Assessment and Counsel

42. End Session Question Bank for Session Follow Up Dan.Holton@tn.gov Christy.Montgomery@tn.gov