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Dislocated Worker (WIOA & State)

WIOA Adult and Dislocated Worker Allowable Activities

Summary
This policy outlines the Career, Training, and Supportive Services activities for the WIOA Adult and Dislocated Worker Programs, including Mass Layoff Projects and the state Dislocated Worker program. Individuals who are eligible for and are enrolled in the WIOA Adult program and/or Dislocated Worker program may also be eligible to receive one or more of the following: career services, training services and supportive services

Relevant Laws, Rules, or Policies
WIOA Section 134
TEGL 19-16
20 CFR Part 680

Effective Date
4/18/2018

Last Updated
4/22/2020

Contact
Lensa Idossa, lensa.idossa@state.mn.us
Tel   651.259.7508
Fax  651.296.0288

Policy

Local Policy Required?

Yes. Local providers are required to have an updated policy on file that includes, at minimum, the information required by this policy. Local policies must be made available to DEED upon request.

Summary

This policy outlines the Career, Training, and Supportive Services activities for the WIOA Adult and Dislocated Worker Programs, including Mass Layoff Projects and the state Dislocated Worker program. Individuals who are eligible for and are enrolled in the WIOA Adult program and/or Dislocated Worker program (see DEED's WIOA Adult Eligibility and Priority of Service and Dislocated Worker Eligibility and Priority of Service Policies) may also be eligible to receive one or more of the following: career services, training services and supportive services.

Career Services

Individuals who meet the eligibility criteria for and are enrolled in the WIOA Adult program and/or Dislocated Worker program are eligible to receive career services. There are three types of career services: basic, individualized, and follow-up. There is no sequence requirement for these services under the Workforce Innovation and Opportunity Act (WIOA), except that follow-up services may only be provided after an individual has exited to employment (for up to 12 months). Counselors can choose to provide them in any order to best meet the needs of the participant.

Basic Career Services

Basic career services are universally accessible and must be made available to all individuals seeking employment and training services in at least one Workforce Center per local area. All Small Layoff Independent Grantees (SLIGs) must also make these services available to all participants. Generally, these services include activities such as eligibility determination, initial skill assessments, labor exchange services, provision of information on programs and services, and program referrals.

Individualized Career Services

The provision of individualized career services must be based on the employment needs of the individual as determined jointly by the participant and the career counselor. Local providers must have a written policy that identifies the assessments used to identify the individual's employment needs and the need for additional assistance in order to obtain or retain employment, consistent with state and federal policy. The need for these services must be clearly justified in that participant's IEP. Individualized Career Services can include:

  1. Comprehensive and specialized assessments of the skill levels and service needs which may include diagnostic testing and use of other assessment tools (whether provided individually by the counselor or through a group workshop); and in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
  2. Development of an Individual Employment Plan (IEP) to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve his or her employment goals, including the list of, and information about, the eligible training providers (see DEED's Individual Employment Plan Policy);
  3. Group counseling;
  4. Individual counseling;
  5. Career planning;
  6. Short-term pre-vocational services including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct services to prepare individuals for unsubsidized employment or training. In some instances pre-apprenticeship programs may be considered as short-term pre-vocational services. Workshops covering topics such as resume writing, interviewing techniques, online job searches, LinkedIn, networking, career exploration or interest assessments are examples of pre-vocational services. Job Clubs and Career Fairs are also considered pre-vocational services;
  7. Internships and work experiences that are linked to careers, including Transitional Jobs (see DEED's Work-Based Training Models Policy);
  8. Workforce preparation/Work Readiness Services designed to help an individual acquire a combination of basic academic, critical thinking, digital literacy, and/or self-management skills are considered work readiness services. These include services that build competencies in:
    • Utilizing resources;
    • Using information;
    • Working with others;
    • Understanding systems;
    • Skills necessary for successful transition into and completion of postsecondary education or training, or employment; and
    • Other employability skills that increase an individual's preparation for the workforce

Work Readiness Services are considered Career services unless they are part of an Integrated Education and Training Program, which is a service approach that provides adult education and literacy activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation for the purpose of educational and career advancement. Work Readiness Services include OSHA 10 trainings, CPR/First Aid classes, ServSafe? courses, basic computer classes, and other short-term courses that do not end in a credential and are not industry-specific.;

  1. Financial literacy services; and
  2. Out-of-area job search assistance and relocation assistance;

Follow-up Career Services

Local providers must provide follow-up services for adults and dislocated workers who are placed in unsubsidized employment, for up to 12 months after the first day of employment.

  • Providers must offer follow-up services for 12 months following the date of employment
  • Case note both the offer and any service delivered in Workforce One.

Participants in the WIOA Adult program and/or the Dislocated Worker program are eligible to receive follow-up services after starting unsubsidized employment for up to 12 months after their exit date. Follow-up services do not extend the date of exit in Workforce One. The participant's exit date should be the last day that they received any services, other than follow-up services, from their provider. Providers must inform all participants exiting to employment of the availability of follow-up services on or before their exit from the program. Support services do not qualify as a follow-up service and are not allowed after a participant exits the WIOA Adult and/or Dislocated Worker programs.

Local providers must establish a policy on what is considered appropriate follow-up services as well as identifies when to provide follow-up services to participants and which services are available. Providers are required to inform eligible participants of the availability of follow-up services. Examples of appropriate follow-up services include, but are not limited, to:

  • Counseling about the workplace,
  • Peer support groups,
  • Assistance with work-related problems that may arise,
  • Information about additional educational opportunities,
  • Referral to supportive services available in the community

Training Services

All participants interested in attending training must first complete a training proposal in consultation with their job counselor. Training proposals determine if a particular training is needed. The proposal should compare training institutions, cost, availability/start date, length of training and labor market data related to that specific training. Short term training is supported with a focus on training that results in a credential.

These services must be documented in the participant's IEP. A participant is not required to receive career services before receiving training services, however, there must be sufficient documentation in the participant's case notes to justify providing training services alone.

As part of this process, an individual must receive, at a minimum, a documented interview, evaluation or assessment AND career planning or other means by which eligibility for WIOA-funded training services can be determined.

Training services may be provided if the participant:

  • is unlikely or unable to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment through career services alone; and
  • is in need of training services to obtain or retain employment that leads to economic self-sufficiency or wages comparable to or higher than wages from previous employment; and
  • has the skills and qualifications to successfully participate in the selected program of training services; and
  • selected a program of training services that is directly linked to the employment opportunities in the local area or the planning region, or in another area to which the individual is willing to commute or relocate; and
  • is determined eligible in accordance with the priority system in effect for adults (WIOA Adult program participants only; see the Employment and Training Division's policy on WIOA Adult Eligibility and Priority of Service).

WIOA funding for training is limited to participants who:

  • Are unable to obtain grant assistance from other sources to pay the costs of their training; or
  • Require assistance beyond that available under grant assistance from other sources to pay the costs of such training. In making this determination providers may take into account the full cost of participating in training services, including the cost of support services and other appropriate costs.
  • Providers must coordinate training funds available and make funding arrangements with one-stop partners and other entities. One-stop centers/providers must consider the availability of other sources of grants to pay for training costs such as Temporary Assistance for Needy Families (TANF), State-funded training funds, and Federal Pell Grants, so that WIOA funds supplement other sources of training grants.
  • A WIOA participant may enroll in WIOA-funded training while his/her application for a Pell Grant is pending as long as the one-stop center/provider has made arrangements with the training provider and the WIOA participant regarding allocation of the Pell Grant, if it is subsequently awarded. In that case, the training provider must reimburse the one-stop center/provider the WIOA funds used to underwrite the training for the amount the Pell Grant covers, including any education fees the training provider charges to attend training. Reimbursement is not required from the portion of Pell Grant assistance disbursed to the WIOA participant for education-related expenses.

Additionally, a determination should be made whether the participant:

  • is currently waiting for a Trade Adjustment Assistance petition determination. If the petition is denied, the participant can still continue training under WIOA.

Participants must have the skills and qualifications necessary to successfully participate in the selected program of training serves, and have selected a program of training services that is directly linked to the employment opportunities in the local area or the planning region, or in another area to which the individual is willing to commute or relocate.

Training services, when determined appropriate, must be provided either through an Individual Training Account (ITA) or through a separate training contract (see below for more information on training contracts). Additionally, providers may use a combination of ITAs and training contracts to provide training services. When WIOA funds are used to pay for training services the training provider must be listed on the State Eligible Training Provider List (ETPL) unless the training is on-the-job training, customized training, or incumbent worker training, which are excluded under federal law. Internships, transitional jobs or unpaid work experience opportunities, which are career services, are also excluded. Training services paid for using state Dislocated Worker funds must be licensed, registered, or legally exempt by the Minnesota Office of Higher Education (OHE) or other appropriate state agency. It is a best practice to use the ETPL for all training services regardless of the funding source.

Training services may include, but are not limited to:

  • Registered Apprenticeships
  • Occupational skills training, including training for nontraditional employment (also known as Credentialed Training or Classroom Training)
  • On-the-job training
  • Incumbent worker training
  • Programs that combine workplace training with related instruction, which may include cooperative education programs
  • Training programs operated by the private sector
  • Occupationally-specific skill upgrading and retraining Entrepreneurial training programs that assist qualified unemployed individuals who are seriously interested in starting a business and becoming self-employed (note: TAA participants cannot have a goal of self-employment, and entrepreneurial activities are not allowed under TAA law)
  • Job readiness training provided in combination with any of the above training services, with the exception of registered apprenticeships (note: job readiness training alone does not constitute a training service)
  • Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training

Non-credentialed training, which is an organized program or course of study that provides occupationally-specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at intermediate or advanced levels but does not result in an industry-recognized credential when successfully completed.

Supportive Services

Supportive services are provided to WIOA Adult and/or Dislocated Worker program participants on a case-by-case basis and are based on individual need. Participants should complete a financial needs analysis during program enrollment with their counselor to document their current financial situation and potential needs. Supportive Services payments cannot be made for costs incurred prior to the individual's enrollment, documentation of need, and/or completion of an IEP.

Local providers are required to have a written policy on supportive services that outlines the resource and service coordination in the local area. The policy can include a maximum amount of funding and maximum length of time for supportive services to be available to a participant; however, the policy can't be so restrictive that it would result in a participant's failure to successfully complete their program. Supportive services should only be paid for using state or WIOA funds when these services are not available through any other local agencies or organizations.

Case managers must document the type of supportive service(s) and the amount provided in both the Support Service and Case Notes tabs in WorkForce One. However, supportive services cannot be used to extend the date of exit for participants in WorkForce One.

Supportive services may include, but are not limited to:

  • Books, fees and supplies for Post-Secondary Students that are not directly related to the training service (such as study materials, supplemental learning materials, etc.) - *note that books, fees and supplies required for a participant's training may still be paid for using training services funding
  • Child and dependent care
  • Personal, financial and legal counseling
  • Dental assistance
  • Drug and alcohol counseling
  • Educational testing (for example, test prep courses and materials, practice exams, etc.)
  • Emergency financial assistance
  • Emergency health insurance
  • Employment and training-related fees (for example, professional memberships, parking to attend training, conference/meeting fees, fees associated with conditions for employment such as background checks or physical exams, application fees, etc.)
  • Health care
  • Housing or rental assistance
  • Linkages to community services
  • Out of area job search assistance
  • Professional memberships
  • Relocation assistance
  • Tools and clothing
  • Transportation assistance
  • Reasonable accommodations for individuals with disabilities

Supportive services cannot be provided to a participant as part of follow-up services after they have exited the program. Only individuals who are a participant in career services (other than follow-up) and/or training services can continue to receive supportive services.

Please note: Current DEED policy prohibits the disbursement of needs-related payments for Adult or Dislocated Worker program participants.

Definitions

Training Exemption

Individual Training Accounts (ITAs) are the primary method for procuring training services under WIOA. However, in certain circumstances, a training contract may be used to provide training services instead of an ITA. This is referred to as a "training exemption". Training contracts may only be used if at least one of the five circumstances listed below applies and the process for their use is clearly described by the Local Workforce Development Board in their Local Plan. The contract exemptions include:

  1. On-the-job training, which may include paying for the on-the-job training portion of a Registered Apprenticeship (RA) program, customized training, incumbent worker training, or transitional jobs;
  2. If the local Workforce Development Board determines that there are an insufficient number of Eligible Training Providers in the local area to accomplish the purpose of a system of ITAs. This determination process must include a public comment period for interested providers of at least 30 days and must be described in the local plan;
  3. To use a training services program of demonstrated effectiveness offered in a local area by a community-based organization or other private organization to serve individuals with barriers to employment. The Local Workforce Development Board must develop criteria to be used in determining demonstrated effectiveness, particularly as it applies to individuals with barriers to employment to be served. The criteria may include:
    • Financial stability of the organization
    • Demonstrated performance in the delivery of services to individuals with barriers to employment through such means as program completion rate; attainment of the skills, certificates, or degrees the program is designed to provide; placement after training in unsubsidized employment, and retention in employment; and
    • How the specific program relates to the workforce investment needs identified in the local plan;
  4. If the Local Workforce Development Board determines that the most appropriate training could be provided by an institution of higher education or other provider of training services in order to facilitate the training of a cohort of multiple individuals for jobs in-demand sectors or occupations, provided that the contract does not limit consumer choice; and
  5. If the Local Workforce Development Board determines a pay-for-performance contract is suitable consistent with 20 CFR 683.500 (note that no more than 10% of the local funds may be spent on pay-for-performance contract strategies)

Transitional Jobs (20 CFR 680.190 and 680.195)

Transitional jobs are a type of work-experience and are considered an individualized career service. They are time-limited and wage-paid work experiences that are subsidized up to 100%. They are jobs in the public, private or nonprofit sectors and are ONLY available for individuals with barriers to employment who are also chronically unemployed or have an inconsistent work history.

  • The Program Provider typically acts as the employer in the context of the Transitional Jobs relationship, and this service must be combined with career and supportive services. Unlike on-the-job training (OJT), there is no requirement that the employer retains the individual upon completion on the transitional job; however, retention of the worker would be the preferred outcome where appropriate.
  • Local providers may use up to 10% of their combined total of adult and dislocated worker funds to provide transitional jobs.
  • Local providers are required to adopt policies governing Transitional Jobs which identify appropriate employers and include plans on the amount of reimbursement for the jobs (up to 100% of the wage), which supportive services must be included, and the limits on the duration of the transitional job. This policy must also include the definitions of "chronically unemployed" and "inconsistent work history".


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