Role of Postsecondary Institutions Under WIA

1. Michael Brustein, Esq. mbrustein@bruman.com Brette Kaplan, Esq. bkaplan@bruman.com Role of Postsecondary Institutions Under WIA Brustein & Manasevit, PLLC Spring Forum 2011

2. Agenda • Helpful Resources • WIA Reauthorization • WIA & ARRA • Trade Adjustment Assistance Community College and Career Training Grants • Career Pathways Innovation Fund • Funding Levels

3. Helpful Resources • Workforce Investment Act (WIA) statute: http://www.doleta.gov/usworkforce/wia/wialaw.txt • WIA Regulations: http://www.doleta.gov/usworkforce/wia/finalrule.pdf • Department of Labor, Employment and Training Administration’s WIA helpful materials: http://www.doleta.gov/usworkforce/wia/act.cfm • DOL ETA’s Find Grants Website: http://www.doleta.gov/grants/find_grants.cfm

4. Helpful Resources • TAA Community College & Career Training Grants Program: Full Announcement: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-03.pdf Amendment One: http://www.doleta.gov/grants/pdf/SGA-DFA-10-03-AMENDMENT1_2-8-11.pdf • Career Pathways Innovation Fund Grants Program: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf

5. WIA Reauthorization

6. WIA Reauthorization: Timeline • 1998 Law with 5 year authorization • WIA is 8 years overdue for reauthorization • House and Senate leaders say: • They would take up WIA reauthorization early this year • They’ve been saying this since 2003 • Still waiting for hearings • Legislative language is possible, but momentum will build ONLY if Congressional leaders believe they have enough votes for a quick passage

7. Reauthorization Issues • Funding • Greater collaboration with business and education community • Increasing efforts to educate the workforce regarding training services

8. Reauthorization Issues • Expanding access to training services • Rural access, One-Stop effectiveness, etc. • Participation of faith-based organizations • Democrats want more collaboration between Education and Labor Departments • Rigidity of Tiered Approach • Core, Intensive, Training

9. Reauthorization Issues • Contributions of One-Stop partners • Coordination of Federal, State, and local levels • Role of community colleges on local WIBs • Eligibility requirements for training providers too cumbersome

10. Reauthorization Issues • Tension Between FERPA and Participants’ Personally Identifiable Information • Allowing for Contracting under ARRA • Applicability to Title VII to Faith Based Providers • Who Will Drive the Agenda? • Elimination of “Work First”

11. Reauthorization Issues • State level unified planning among participating State Agencies on all four Titles • Common definitions across all programs • Common performance measures across all programs

12. Reauthorization Issues • Questions of Effectiveness • Slim down State boards and local boards • 100% transfer between Title I Adult and Title I Dislocated Workers

13. Republican Reauthorization Priorities(H.R. 4271, Dec. 2009) • Consolidate funding to streamline program administration and enhance efficiency at the state and local levels • Possibly only 1 WIA Title I funding stream • Provide greater representation on state and local WIBs for local business reps, education officials, community groups, & reps of employees

14. Republican Reauthorization Priorities(H.R. 4271, Dec. 2009) • Require each mandatory partner program to contribute a portion of its funds toward one-stop infrastructure funding • Incorporate current employment service functions into a new category description • “Work Ready Services” • Ex: Require One-Stop centers to provide labor exchange services, including job search, placement assistance, recruitment services for employers

15. Republican Reauthorization Priorities(H.R. 4271, Dec. 2009) • Allow states to determine required standards for eligible training providers • Streamline bureaucratic requirements that force many community colleges and other training providers out of the system • Allow FBOs to participate in the nation’s job-training system

16. Reauthorization in a Divided Government • Democrats seeking more funding for One-Stops, and greater participation by businesses, education officials, and community entities • Biggest differences between Republicans & Democrats • Participation of FBOs and • Consolidating funding Streams • Universal Priority (Republicans, Democrats & Obama Administration) • Greater collaboration between labor and education sectors

17. WIA & ARRA • Grants for Department of Labor Training & Employment Services • Formula grants to States • Local WIBs may contract with IHEs if: • It would facilitate worker training for high-demand occupations, and • If such contract limits customer choice

18. WIA & ARRA • To provide training services, an IHE must: • Be eligible to receive federal funds under HEA Title IV, and provide a program leading to an associate or baccalaureate degree, or certificate; • Carry out programs under the National Apprenticeship Act; OR • Be another public or private provider of training service programs

19. Funding

20. Trade Adjustment Assistance Community College and Career Training Grants (TAACCCT)

21. TAACCCT • TAA Community College & Career Training Grant Program • Authorized in ARRA • Funded under the Health and Education Budget Reconciliation Bill • Promised: $12 billion for American Graduation Initiative • Reality:$2 billion for TAA • 4 year grant; $500 million per year

22. TAACCCT • Competitive grant • Administered by DOL ETA • Assists workers at firms who are, or threatened to be, separated from employment due to trade with foreign countries • Eligibility expanded to workers in the service & public sectors, and not only manufacturing workers • Workers may use benefits to pursue postsecondary degree programs at IHEs

23. TAACCCT • FY 2011 - FY 2014: $500 million annually • Maximum grant: $5 million per institution or $20 million per consortium annually • Grants may exceed this amount under certain circumstances (See grant solicitation) • IHE’s can apply for competitive grants for training programs for TAA eligible workers • Eligible IHEs meet the requirements of HEA Section 102, but only with respect to a program that can be completed within 2 years

24. TAACCCT • Applicants are encouraged to work with content experts such as: • Cognitive scientists, • Human-computer interaction experts, • Information technologists, • Program evaluation experts, and • Others as appropriate to the development and implementation of the project.

25. TAACCCT • Institutions are strongly encouraged to engage in outreach and coordinate with broad networks of education and training institutions in the implementation and adoption of materials to ensure widespread use and encourage continuous improvement of the courses and learning materials created by these projects.

26. TAACCCT • Eligible institutions must involve at least one employer that is actively engaged in the project in one or more of the following ways: • Defining the program strategy and goals, • Identifying necessary skills and competencies, • Providing resources to support education/training (such as equipment, instructors, funding, internships, or other work-based learning activities), • Providing assistance with program design, and • Where appropriate, hiring qualified participants who complete grant-funded education and training programs.

27. TAACCCT • While only one employer is required, the Department encourages applicants to collaborate with multiple employers within a sector, ensuring that program graduates will be prepared with the skills needed in the applicant’s region

28. TAACCCT • Eligible institutions must consult the public workforce system (e.g., Local Workforce Investment Boards, One-Stop Career Centers, or State agencies that administer the TAA for Workers program) in the project, and the Department encourages applicants to actively engage the system in one or more of the following ways: • Identifying, assessing, and referring candidates for training; • Connecting workers with employers; and • Providing support services for qualified individuals, where appropriate.

29. Career PathwaysInnovation Fund (CPIF)

30. CPIF • $122 million available for CPIF grants • $65 million for health care sector projects • 40 to 50 grants ranging from $1M to $5M • $6.25M of total appropriation to support grantee efforts to conduct third party evaluation of grant activities • Eligible entities: Local WIBs, individual community and technical colleges, community college districts, and state community college systems • Grant Announcement: http://www.doleta.gov/grants/pdf/SGA-DFA-PY-10-06.pdf

31. CPIF • FY 2010: $125 million • FY 2011: Nothing • FY 2012: Nothing

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