Adult Programs

Question #1 (9/28/00)
A county is developing a priority criteria for determining who receives intensive or training services when funds are limited. I understand they have to include low income and public assistance as priorities. I also understand veterans receive priority. I thought however, that the veteran's preference took second place. In other words, if two low income people had all things equal but one is a veteran, then that person gets the service. However the veterans preference takes second place to the low income/public assistance, so if we have to decide between two people, one who is on public assistance and one who is a veteran and not on public assistance we would serve the public assistance person. Do I have this right?

Response
Your interpretation is basically correct, except to clarify that barriers to employment are to be considered second. Workforce Investment Act Guidance Letter 2-2000 provides direction in determining priority of service for adults. It states, "A local area should develop a service priority system that takes into account low-income status and/or receipt of public assistance first and barriers to employment second" (emphasis added). Furthermore, it continues: "Ohio Revised Code 5903.11 requires that veterans be given preference for federally funded employment and training programs. Therefore, where points are equal, an applicant who is a veteran would receive priority over an applicant who is a non-veteran."

And finally, ORC 5903.11 stipulates that veterans must be considered in the following order of priority: (1) Special disabled veterans; (2) Veterans of the Vietnam era; (3) Disabled veterans; (4) All other veterans; (5) Other eligible persons; and (6) Non veterans.

Question #2 (11/21/00)
We are part of a multi-county WIA consortium which is trying to bring some consistency to our processes and procedures. Recently we asked a question regarding Individual Training Accounts (ITAs) and received an answer which seemed to be in conflict with the intent of the WIA legislation.

WIA customers are to have a choice with regard to their school selection. If the school has been approved through the state provider list and the local provider list and if the customer meets the general WIA eligibility criteria they should be able to enter an education and training facility at their earliest convenience. Unfortunately we have been told a contract must be secured by and between the local Job and Family Services (JFS) agency and the educational facility. These contracts must be directed to local county prosecutors and commissioners for resolution and approval as well as the JFS agency and the provider. This requires 4 different steps. In addition, it appears the spirit of the law intended for this process to be simple. A contract process defeats the whole "voucher" system. The customer may have to wait for weeks or months before all parties sign and return contracts. This will affect WIA performance and have a negative effect on the customer. Last but not least, the individual training agreement itself should be sufficient to serve as a "contract" between the provider the J'S agency and the customer. Bottom line is, we don't want to have to do a contract and run them through the prosecutor's office, and the commissioner's office every time a customer chooses to attend school. This is not a criticism of the state . . . we realize everyone is making their way through the bureaucracy whether state or federal. We only want the process to be as simple and efficient as possible.

Response
The Workforce Investment Act does not require that there be a contract between the local area and the educational institution for ITAs.

The ETP Certification Procedure posted on the website <www.ohioworkforce.org> does recommend that there be a document, such as an agreement or policy manual, to explain how training providers will be able to get paid after they accept the ITA from the WIA customer. This document may address training providers' responsibilities and Local/Policy Boards' expectations so that training providers understand what they are agreeing to when accepting an ITA.

An example of a circumstance when a local board should consider executing a contract with an educational institution is if the board wants there to be a special provision or condition which extends beyond the scope of the areas covered by Eligible Training Provider Initial Application.

Question #3 (11/21/00)
"Training must be linked to local employment opportunities" and "an ITA can only be used for local demand occupations". A Community College has its Railroad Conductor Training Program on the State of Ohio approved vendor list.LMI data states that railroad conductor is a declining occupation.

How was this training program approved for WIA funding?

Response
The training program was approved by a Local Board and submitted for inclusion on the eligible training provider list. This does not mean the program must be approved for WIA funding by another workforce investment area. While this may not be a demand occupation in your area, there may be jobs available in some areas of the State.

Question #4 (11/21/00)
Supportive Services for adults and dislocated workers are defined as services such as transportation, child care, dependent care, housing and needs-related payments. Supportive services can only be provided to a participant in core, intensive or training services and supportive services can be provided as a part of follow-up services to a participant (per the Regulations on a limited basis) after he is placed into employment. Is the statement above correct?

Response
Yes this statement is correct. In accordance with section 663.150(b), "follow-up services must be made available, as appropriate, for a minimum of 12 months following the first date of employment, to registered participants who are placed in unsubsidized employment." The exit date is "the last date of WIA funded or partner service received, except follow-up services." Training and Employment Guidance Letter (TEGL) 7-99 provides direction for determining point of exit on page 9 and defines "hard" and "soft" exit.

Keep in mind that the goal of follow-up services is to ensure job retention, wage gains and career progress for participants who have been referred to unsubsidized employment. The regulations state that the provision of supportive services after entry into unsubsidized employment "is expected will be limited, and will be part of the IEP, clearly documented in the participant case file. Such post-placement training and supportive services may be provided consistent with policies established by the State or Local Board, and determined to be necessary on an individual basis by the One Stop partner".

Question #5 (11/21/00)
Can supportive services be provided to an exited and unemployed adult or dislocated worker?

Response
No, an adult or dislocated worker must be enrolled in the program or employed when he/she exits the program to receive supportive services.

Question #6 (11/21/00)
Can the following be provided as supportive services to adults and dislocated workers?

• meal reimbursement while a participant is in training; particularly out of the area training;

• purchase of tools, uniforms, safety glasses, work boots and other work related items for an adult or dislocated worker who is in unsubsidized employment, still a WIA participant and receiving follow-up(which may include supportive services) as the core service;

• purchase of tools, uniforms, safety glasses, work boots and other work related items for an adult or dislocated worker placed in a training activity such as on-the-job (OJT) or work experience;

• purchase of tools, uniforms, safety glasses, work boots and other work related items.

Response
Yes, supportive services are based on individual need and should be provided consistent with policies established by the Local Board, and determined to be necessary on an individual

basis by the One Stop partner. The regulations stress that a fundamental principle of WIA is to "provide local areas with the authority to make policy and administrative decisions as well as the flexibility to tailor the workforce investment system to meet the needs of the local community. To ensure this flexibility, the regulations afford local areas the discretion to provide supportive services as they deem appropriate with limitations only in the areas defined in the Act".

Question #7 (11/28/00)
If a one-stop partner and an approved training provider put together a specialized training program (say CNC machining) for a local company to train employees to use a new machine, and the employer guarantees that all employees who take the training will receive a raise in pay if they take this training, can WIA pay for the training if:

1. The career center gets their training program approved by the local WPB and the state, and
2. Every employee involved receives core services?

Response
The training program could be offered to workers who are not earning a self sufficiency wage as determined by the local board's policy. (Reference 663.230). On-the-job training contracts or skill upgrading and retraining could be used for this purpose. Every employee would have to receive intensive as well as core services before receiving training services.

In addition, WIA Section 181(b)(2) and the regulations establish safeguards for workers to ensure that participants in WIA employment and training activities do not displace other employees.

Contracts may be used rather than Individual Training Accounts (ITAs) for on-the-job training (Section 663.430). However, the "Eligible Training Provider Identification Procedure Guidance for On-The-Job Training and Customized Training Providers" must still be followed. The Guidance can be accessed on our website at:
jfs.ohio.gov/workforce/workforceprof/one_stop_procedure_guidance.stm
As a note, the training could not be offered as incumbent worker training because in accordance with the Act, only WIA15% set-aside funds may be used to provide incumbent worker training.

Question #8 (11/28/00)
Are WIA supportive services available for individuals who are employed but are at risk of losing their employment? We have researched the possible use of PRC funds, however the individual has no minor children in the household and does not meet the PRC eligibility guidelines.

Response
The individuals would have to be deemed eligible to receive supportive services in accordance with local policy. The WIA regulations stipulate that supportive services may only be provided to individuals who are participating in core, intensive or training services; and are unable to obtain supportive services through other programs that provide such services (663.805(a)). Furthermore, supportive services may only be provided when they are necessary to enable individuals to participate in WIA Title I activities (663.805(b)). Local boards must develop a policy on supportive services that ensures resource and service coordination in the local area (663.800).

Question #9 (11/28/00)
If we enroll such an individual under WIA, is it possible to provide supportive services such as a down payment on another vehicle or vehicle repair? Are there any provisions which address this issue? Secondly, if we are permitted to assist with supportive services such as auto repair or a down payment can we count this individual in some way as a "positive" in our WIA performance measures/outcomes?

Response
Your local area's policy on supportive services may include a provision for a down payment on a vehicle or vehicle repair. It is possible to provide these supportive services to a participant if it is necessary to enable the person to participate in Title I WIA activities. It is important to make every possible effort to coordinate with existing support services so that funds are best utilized in a way that will benefit both the participant and the program. You may reference the provisions at section 663.800 of the Regulations, Page 49346 of the preamble to the Regulations and section 101(46) of the Act.

If the individual is enrolled in and successfully completes a Title I activity they can be counted as a positive termination. However, the provision of supportive services does not constitute an activity for performance measures.

Question #10 (12/11/00)
Are there income guidelines for eligibility determination for adults and dislocated workers? If not, why in WIA Guidance Letter 7-2000, last paragraph in Section IV does it infer that the income guidelines are needed to determine eligibility for adults/dislocated workers?

Response
Income is not a basis for determining the eligibility of adults and dislocated workers for the WIA program. However, as WIA Guidance Letter 7-2000 indicates, the poverty income guidelines and Lower Living Standard Income Level (LLSIL) are used for determining eligibility and low income for employed adults/dislocated workers for "certain services" (i.e., intensive and training services).

Employed individuals are eligible for intensive services if they are needed in order to obtain or retain employment that leads to self-sufficiency (Sec. 134(d)(3)(A)(ii)). Local Boards utilize the poverty income guidelines and LLSIL tables as factors in determining self sufficiency - which must be at least 100% of the LLSIL (Sec. 663.230).

The Updated 2000 LLSIL (100%) by Family Size (Table 5) should be used as a basis for defining whether employment leads to self sufficiency. Guidance Letter 7-2000 transmits a table which reflects 70% of the updated 2000 LLSIL and should not be used for determining self-sufficiency.

In addition to the uses specified in the guidance letter, the poverty line & 70% Lower Living Standard Income Level guidelines are also used to determine priority for intensive and training services in the event that funds allocated to a local area for adult employment and training activities are limited (Sec. 134(d)(4)(E) of the Act).

Question #11 (12/11/00)
What regulatory provisions apply to on-the-job training (OJT) under WIA?

Response
Sections 663.700 through 663.720 of the WIA Final Rules (Federal Register dated August 11, 2000, 20 CFR Part 652 et. al.) are the regulatory provisions for conducting on-the-job (OJT) and customized training activities. These sections include specific information regarding general, contract, and employer payment requirements. Other sections of the WIA Regulations relating to OJT include:

OJT is defined at section 101(31) of the Workforce Investment Act of 1998. Other applicable sections of the Act include:

Question #12 (12/11/00)
Is there a limitation on the length of time a participant can spend on an OJT?

Response
WIA does not limit OJT to a specific length of time (e.g. 6 months). However, as specified in section 101 of the Act, OJT is limited in duration as appropriate for the occupation for which training is being provided. In determining the appropriate length of the contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan.

Question #13 (12/11/00)
Does WIA allow OJT contracts for employed workers? If so, what are the requirements?

Response
Yes - OJT contracts are allowed for employed workers, including new hires. Section 663.705 of the Act establishes the following requirements for contracts for OJT for employed workers:

! The employed workers must not be earning a self-sufficient wage as determined by local board policy;

! A contract must be executed with an employer in the public, private non-profit, or private sector for the provision of occupational training for the participant in exchange for reimbursement of up to 50% of the wage rate. The OJT payments to employers are in compensation for extraordinary costs associated with training participants and the costs associated with the lower productivity of the participants;

! The employer must not have previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who are similarly situated;

! The OJT must relate to the introduction of new technologies, introduction to new production or service procedures, upgrading to new jobs that require additional skills, workplace literacy, or other appropriate purposes identified by the local board.

Local WIA funds cannot be used to serve incumbent workers - that is, workers who are employed and have been determined to earn a wage in excess of the self-sufficiency levels established by the local board. States have the option of serving incumbent workers with State setaside funds. Ohio is in the process of developing a strategy to serve incumbent workers.

Question #14 (12/11/00)
Do OJT providers have to be on the state eligible training provider list?

Response
Providers of OJT (and also customized training) are exempt from the eligible training provider procedure that is designed for Individual Training Accounts (ITAs). However, workforce investment areas and subareas (WIAs/SAs) are required to submit a list of providers of OJT and customized training in their local area to the State within thirty days of the approved training contracts. Eligible training providers of OJT and customized training will follow procedures as established by the One-Stop operator in the local area and the WIAs/SAs.

The list of OJT and custom training providers submitted to the State must contain the following information: (1) name of the company and location, (2)description of the on-the-job training or customized training, (3)anticipated cost of the program, and (4) business category, e.g., sole proprietary, partnership, corporation, etc. Additional information regarding these requirements may be accessed at: www.ohioworkforce.org/workforceprof/one_stop_procedure_guidance.stm

Dislocated Worker Programs

Question #1 (9/28/00)
Under JTPA long term unemployed individuals were considered eligible for dislocated worker services. Is this true for WIA?

Response
WIA does not have a provision for long term unemployment. Individuals who have been unemployed for an extended period of time may be eligible for services under the dislocated worker or adult program.

Question #2 (11/21/00)
If a dislocated worker has a guarantee from a local employer to hire him/her once he/she completes training, can a letter from the employer be used to justify using an ITA to fund this training although the training is not a local demand occupation? However, it would be linked to local employment opportunities if a "hire letter" from an employer exists.

Response
Yes, you can use a letter from the employer to justify using an ITA for a participant. A participant may be eligible for and receive training in any occupation (job) that is available to the participant.

"If a participant is found eligible for training because he/she seeks training in an occupation in which there are employment opportunities available but which is not classified by the local area as an occupation in demand, the training can only be provided if it can be arranged through one of the three exception to ITAs". The three exceptions to ITAs are: 1) on-the-job training or customized training; 2) when the Local Boards determines there are an insufficient number of eligible providers in the local area to accomplish the purpose of a system of ITAs; 3) or when the Local Board determines that there is a training services program of demonstrated effectiveness in the local area by a community based organization or another private organization to serve special participant populations that face multiple barriers to employment. (Reference 663.430(a)(2)(3)

Question #3 (11/21/00)
If the dislocated worker was willing to relocate for a conductor job and he signed a statement, where could I get LMI or other data to document him "finding a job where he is willing to relocate."

Response
The link to the LMI website is included: <>.You may also contact the school to determine if they have additional data which shows the occupation to be in demand.

Incumbent Workers

Question #1 (9/28/00)
Is there incumbent worker training available from the WIA money that was set aside at the state level? If so what are the details? How does someone access the money? What are the eligibility requirements?

Response
The Governor's Workforce Policy Board is considering spending part of the 15% funds for incumbent worker programs. A decision has not been made. They are exploring the use of other funds that could be used to provide services to incumbent workers.