Chapter 3: Workforce Innovation and Opportunity Act (WIOA) Youth

Chapter 3: Workforce Innovation and Opportunity Act (WIOA) Youth

Overview

The purpose of the WIOA Youth program is to assist young people, ages 14-24, who face significant barriers to success in the labor market by providing resources and support to overcome those barriers and successfully transition to self-sufficient adulthood.

The WIOA outlines a broad youth vision that supports an integrated service delivery system and provides a framework through which states and local areas can leverage other federal, state, local, and philanthropic resources to support in-school youth (ISY) and out-of-school youth (OSY). The WIOA affirms the U.S. Department of Labor’s (USDOL’s) commitment to provide high-quality services for all youth and young adults, beginning with career exploration and guidance, continued support for educational attainment, opportunities for skills training in

in-demand industries and occupations, such as pre-apprenticeships or internships, and culminating with a good job along a career pathway, enrollment in post-secondary education, or a Registered Apprenticeship. All of the Department’s youth-serving programs continue to promote evidence-based strategies to assist in achieving high levels of performance, accountability, and quality in preparing young people for the workforce.

The WIOA funding enables the delivery of a comprehensive array of youth services that prepare youth for post-secondary educational and employment opportunities, attainment of educational and/or skills training credentials, and obtainment of employment with career opportunities. This is accomplished by assessing the participant’s skills, interests, needs, and personal goals, creating customized service plans in collaboration with the participant, and expanding the participant’s connection to and understanding of the local economy, educational opportunities, and available community services. This process is organized and coordinated around the 14 WIOA youth program elements, as discussed in detail in Section 3-1, which must be made available to every participant.

Make available means that each Workforce Development Board (WDB) must ensure that all 14 program elements are available in all areas served. While this does not mean that an individual service provider must deliver all 14 elements, they must identify partnerships to ensure availability by referral. Local areas have the discretion to determine which specific services a youth will receive based upon the youth’s informal interview, objective assessment, and individual service strategy (ISS).

As a reminder, youth must be enrolled to participate in the youth program. The Code of Federal Regulations (CFR) Section 681.320 defines enrollment requirements as the collection of information to support an eligibility determination, the provision of an objective assessment, development of an ISS, and participation in any one of the 14 program elements.

Procurement and Providers

The Michigan Talent Investment Agency (TIA) adheres to the 20 CFR Section 681.400, which allows grant recipients/fiscal agents the option to directly provide some or all of the required youth workforce investment activities. This rule provides local WDBs with the flexibility to determine how to most efficiently provide youth services. The USDOL expects local WDBs to use youth service provider’s best positioned to provide program elements resulting in strong outcomes. The USDOL encourages local WDBs to award contracts to youth service providers using a competitive procurement process when local areas have access to experienced and effective providers. Should the grant recipient/fiscal agent choose to directly provide services, a periodic internal evaluation of the effectiveness and efficiency of this decision should be conducted.

If local WDBs decide to directly provide youth services, the USDOL recognizes that situations may arise where a single entity performs multiple roles, such as fiscal agent, service provider, or One-Stop operator. In such situations, 20 CFR Section 679.430 requires “a written agreement with the local WDB and Chief Elected Official (CEO) to clarify how the organization will carry out its responsibilities while demonstrating compliance with the WIOA and corresponding regulations, relevant Office of Management and Budget circulars, and the state’s conflict of interest policy.” Furthermore, separation of roles for staff to the local WDB and the role of the fiscal agent described in 20 CFR Sections 679.400 and 679.420, respectively, provide more clarity on the distinct functions of these entities. When youth services are provided by an entity that fulfills another role in the local area, the agreement with the local WDB and CEO must provide clarity on the expectations for those roles and clear methods of tracking effective execution and accountability for the distinct roles.

If not directly providing services, the local WDB will award grants or contracts on a competitive basis to providers of youth workforce activities identified based on criteria in Policy Issuance (PI) 15-12, while taking into consideration the ability of providers to meet performance accountability measures based on the primary indicators of performance for the WIOA youth program, as described in the WIOA Section 116(b)(2)(A)(ii). The Local WDB must also conduct oversight with respect to such providers.

EXCEPTION: Services available via referral at no cost do not require competitive bidding. However, providers of these services must have the capacity to provide services during the participant’s period of enrollment.

The local WDB must procure the Youth service providers in accordance with the Uniform Guidance at 2 CFR parts 200 and 2900, in addition to applicable state and local procurement laws. The TIA has issued PI 15-12, which establishes state requirements and highlights federal requirements for procurement.

If the local WDB establishes a standing Youth committee under 20 CFR Section 681.100, it may assign the committee the function of selecting of grants or contracts.

Where the local board elects to award contracts, but determines there is an insufficient number of eligible providers of youth workforce investment activities in the local area, (such as a rural area), the local board may award grants or contracts on a sole source basis.

Program Design

Local communities provide youth activities and services in partnership with the WIOA One-Stop system and under the direction of the local WDBs.

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Local Program Design Requirements

(a) The design framework services of local youth programs must:

(1) Provide for an objective assessment of each youth participant that meets the

requirements of the WIOA Section 129(c)(1)(A), and include a review of the academic and occupational skill levels, as well as the service needs and strengths of each youth for the purpose of identifying appropriate services and career pathways for participants and informing the ISS.

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(2) Develop and update, as needed, an ISS based on the needs of each youth

participant that is directly linked to one or more indicators of performance described in the WIOA Section 116(b)(2)(A)(ii) that identifies career pathways that include education and employment goals that considers career planning and the results of the objective assessment, and that prescribes achievement objectives and services for the participant.

(3) Provide case management of youth participants, including follow-up services.

(b) The local plan must describe the design framework for youth programs in the local area, and how the 14 program elements required in 20 CFR Section 681.460 are to be made available within that framework.

(c) Local WDBs must ensure appropriate links to entities that will foster the participation of eligible local area youth. Such links may include connections to:

(1) Local area justice and law enforcement officials.

(2) Local public housing authorities.

(3) Local education agencies.

(4) Local human service agencies.

(5) The WIOA Title II Adult Education providers.

(6) Local disability-serving agencies and providers and health and mental health providers.

(7) Job Corps representatives.

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(8) Representatives of other area youth initiatives, such as YouthBuild, and including those that serve homeless youth and other public and private youth initiatives.

(d) Local WDBs must ensure that the WIOA youth service providers meet the referral requirements in the WIOA Section 129(c)(3)(A) for all youth participants, including:

(1) Providing these participants with information about the full array of applicable or appropriate services available through the local WDBs or other eligible providers, or One-Stop partners.

(2) Referring these participants to appropriate training and educational programs that have the capacity to serve them either on a sequential or concurrent basis.

(e) If a youth applies for enrollment in a program of workforce investment activities and either does not meet the enrollment requirements for that program or cannot be served by that program, the eligible training provider of that program must ensure that the youth is referred for further assessment, if necessary, or referred to appropriate programs to meet the skills and training needs of the youth.

(f) In order to meet the basic skills and training needs of applicants who do not meet the

eligibility requirements of a particular program or who cannot be served by the program, each youth provider must ensure that these youth are referred:

(1) For further assessment, as necessary.

(2) To appropriate programs, in accordance with paragraph (d)(2) of this section.

(g) Local WDBs must ensure that parents, youth participants, and other members of the community with experience relating to youth programs are involved in both the design and implementation of its youth programs.

(h) The objective assessment required under paragraph (a)(1) of this section or the ISS required under paragraph (a)(2) of this section is not required if the program provider determines that

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it is appropriate to use a recent objective assessment or ISS that was developed under another education or training program.

(i) Local WDBs may implement a WIOA Pay-for-Performance contract strategy for program elements described at 20 CFR Section 681.460, for which the local WDB may reserve and use not more than ten (10) percent of the total funds allocated to the local area under the WIOA Section 128(b). For additional regulations on the WIOA Pay-for-Performance contract strategies, see 20 CFR Section 683.500.

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References

The WIOA Sections 116(b)(2)(A)(ii), 123, and 129(c)(1)(A)/ (c)(2)/ (c)(3)(A)

TEGL 23-14 WIOA Youth Program Transition

2 CFR Sections 200 and 290

20 CFR Sections 681.100, 681.320, 681.400, 681.420, 681.460, 681.470, and 683.500

PI 15-12 Procurement

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Section 3-1: Developing Partnerships, Outreach, and Recruitment

Partnerships

Strong partnerships help to leverage resources and increase opportunities for youth. They can enhance the ability of workforce investment areas to access information and data, improve services, and increase efficiencies with regard to recruitment processes, referrals, and case management. Creating strong partnerships is critical to providing the most effective, targeted, and appropriate services for youth to maintain progress along a successful career pathway.

The intent of the WIOA is not necessarily to use the WIOA Youth funds for every youth element; rather, the WIOA Youth program is intended to act as an intermediary, partnering with various publicly and privately funded organizations to ensure that all 14 youth program elements are available to all youth participants. Local grant recipients can rely on partner programs to provide some of the elements if such services are available for all eligible youth in the local area. If an activity is not funded with the WIOA Title I funds, the local area must ensure that those activities are closely connected and coordinated with the WIOA system. Ongoing relationships should be established with providers of non-WIOA funded activities either through coordinated case management strategies, memorandums of understanding, or an alternate, similar method.

Program Expenditures Prior to Participation

There are limited instances where WIOA Youth funds may be expended on costs related to individuals who are not yet participants in the WIOA Youth program. The Youth funds can be expended on outreach and recruitment or assessment for eligibility determination (such as assessing basic skills level) prior to eligibility determination, but they cannot be spent on youth program services, such as the 14 program elements described in Section 3-4, prior to eligibility determination.

Outreach and Recruitment

Outreach and recruitment are vital components of a successful WIOA Youth program. The objective is to connect youth most in need to the array of services that the WIOA has to offer.

Recruitment factors to consider include:

• Where do you find youth in your local community? Where do they “hang out?”
• How do youth workers, counselors, and others identify potential youth participants?
• Where and to whom do referrals go?
• What marketing materials do you use to recruit youth? Are they current?

Partners who may assist with recruitment efforts include:

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• Faith-based organizations
• Schools
• Social service agencies
• Non-profit organizations
• Juvenile institutions
• Homeless shelters
• Food pantries
• Public housing authorities
• Education agencies
• Job Corps representatives
• Mentoring organizations
• Other community-based organizations

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Outreach and recruitment ideas include:

• Use radio, TV, and print media to promote the value and positive outcomes of the WIOA services.
• Involve previous youth participants who can positively speak about programs as peer advocates and recruiters.
• Highlight incentives for youth program achievements.
• Hold youth-specific orientation events that promote the benefits of participation, such as
• Summer and year-round employment opportunities.
• Free tutoring.
• Supportive services.
• Fun activities and other unique opportunities.
• Involve local community leaders.
• Emphasize appeal, value, and uniqueness of the WIOA services.

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• Use social media tools, such as Facebook and Twitter, to reach out to youth.

Orientation

The WIOA orientation should provide a complete overview of the WIOA program, opportunities provided, overview of training programs, eligibility requirements, and application methods. Following orientation, interested youth are to be scheduled for an intake appointment to determine if they are eligible and suitable for services.

While not required, it is a best practice to offer youth-specific orientations. This allows for in-depth coverage of youth specific programs, but also allows for the content to be modified to better meet the physical, educational, and emotional developmental state of young adults.

Orientation is the ideal time to inform youth of required documentation for eligibility determination.

Best Practice: West Michigan Works! Youth Services Brochure

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References

TEGL 21-16 Third WIOA Title I Youth Formula Program Guidance

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Section 3-2: The WIOA Youth Eligibility and Suitability

Eligibility

The WIOA Registration Form (Attachment 3c) is used to collect information required by federal regulations and to make a determination of eligibility and suitability for the WIOA Youth program. The registration and eligibility determination process must be completed for any youth who is to receive any WIOA services.

As a reminder, local Michigan Works! Agencies (MWAs) may expand on the Registration Form template found in Attachment 3c on the condition that all information is collected as required.

A sample eligibility checklist may be found in Attachment 2.

Following verification of school status, age, and employment authorization, as identified in the WIOA Section 188(a)(5), eligibility determination includes all of the following, which may vary by school status:

• Determine income eligibility, where applicable.
• Ensure selective service registration, if applicable.
• Determine barriers.
• Identify basic skill deficiencies.

The WIOA Youth Program Eligibility Page

The USDOL has developed a WIOA Youth eligibility webpage, which includes a fact sheet, an introductory webcast, and interactive tutorials on the eligibility requirements for the youth program.

Nondiscrimination

To determine program eligibility and/or meet federal reporting requirements, the TIA, in compliance with applicable federal and state laws, does not discriminate in employment or in the provision of services based on race, color, religion, sex, national origin, age, disability, height, weight, genetic information, marital status, arrest without conviction, political affiliation or belief, and for beneficiaries only, citizenship, or participation in any federally assisted program or activity.

As a reminder, when determining employment authorization, individuals meeting the requirements set forth in TEGL 02-14 are granted relief under the Deferred Action for Childhood Arrivals (DACA) Initiative with employment authorization documents.

The WIOA Section 188 contains a specific non-discrimination provision that provides that participation in the WIOA is available to citizens and nationals of the United States; lawfully admitted permanent resident aliens, refugees, asylees, and parolees; and other immigrants authorized by the Attorney General to work in the United States. Individuals with employment authorization qualify under this provision as “immigrants authorized by the Attorney General to work in the United States.” Therefore, DACA participants with employment authorization may access any of the WIOA services for which they otherwise would qualify.

The DACA information and resources are available in English and in Spanish.