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WIOA adult, dislocated-worker and employment services
Summary ETA explained how American Job Centers deliver career and training services under WIOA Adult and Dislocated Worker programs and the Wagner-Peyser Employment Service. The letter covers service types, eligibility, priority groups, work-based training, supportive services and rapid response, with a service chart and definitions in its attachments. It rescinds TEGL 3-15; ETA lists this letter as Active.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 19-16
Date issued
March 1, 2017
Status
Active
ETA lists this advisory Active as of 2026-10-24.
Status last verified October 24, 2026
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CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION WIOA – Adult, Dislocated Worker, ES
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OWI
Washington, D.C. 20210 DATE
March 1, 2017
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 19-16
OPERATING GUIDANCE for the WORKFORCE INNOVATION AND
OPPORTUNITY ACT
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
LABOR COMMISSIONERS
AMERICAN JOB CENTERS
FROM: BYRON ZUIDEMA /s/
Deputy Assistant Secretary
SUBJECT: Guidance on Services provided through the Adult and Dislocated Worker
Programs under the Workforce Innovation and Opportunity Act (WIOA) and the
Wagner-Peyser Act Employment Service (ES), as amended by title III of WIOA,
and for Implementation of the WIOA Final Rules
1. Purpose. To provide guidance to the workforce system on delivering services under the
Adult and Dislocated Worker programs under WIOA Title I, and individuals served by the
ES program, as amended by WIOA Title III, under the WIOA Final Rule.
WIOA, signed into law on July 22, 2014, supersedes titles I and II of the Workforce
Investment Act of 1998 (WIA) and amends the Wagner-Peyser Act of 1933 and the
Rehabilitation Act of 1973. In general, WIOA took effect on July 1, 2015, the first full
program year after enactment, unless otherwise noted. On August 19, 2016, the Departments
of Labor (DOL) and Education published the WIOA Final Rules in the Federal Register. The
DOL-only rule became fully effective on October 18, 2016, 60 days after it was published on
the Federal Register.
In order to continue implementation of WIOA prior to publication of the final rule, DOL
issued a Training and Employment Guidance Letter (TEGL) 3-15, on July 1, 2015, which
provided guidance to the public workforce system on delivering services to adults and
dislocated workers under WIOA. This TEGL rescinds TEGL 3-15, and provides updated
guidance to the public workforce system on service delivery to adults and dislocated workers,
consistent with WIOA and the WIOA Final Rules. The section of the final rule pertaining to
services for adults and dislocated workers under WIOA title I can be found at 20 CFR part
RESCISSIONS EXPIRATION DATE
TEGL 3-15 Continuing
680. The sections of the final rule pertaining to individuals served under the Wagner-
Peyser Act programs, as revised, can be found at 20 CFR parts 651, 652, 653 and 658.
2. References. See Attachment I.
3. Background. WIOA provides for a workforce system that is accessible to all job seekers,
customer centered, and training that is job-driven. The workforce system delivers career and
training services at the nation’s nearly 2,500 American Job Centers. The Adult, Dislocated
Worker, and ES programs provide training and employment services in the American Job
Center network, and are required partners under the law. Under WIOA, partner programs and
entities that are jointly responsible for workforce and economic development, educational,
and other human resource programs, collaborate to create a seamless customer-focused
American Job Center network that integrates service delivery across all programs to make it
easier for workers to access the services they need to obtain skills and employment.
Table of Contents:
Section Page
Career Services 2
Transitional Jobs 4
Career Services provided by ES staff 4
Training Services 5
Training Contracts 7
Priority Populations under WIOA 8
Dislocated Worker Eligibility 11
Employment Status Clarification 12
Work-Based Training 12
Incumbent Worker Training 15
Supportive Services and Needs-Related Payments 18
Transfer of Funds 19
Performance Accountability: Career and Training Services 20
Other Permissible Local Activities 22
Rapid Response 24
Coordination with WIOA Core Programs 29
Coordination with Trade Adjustment Assistance 33
4. Career Services. WIOA authorizes career services for adults and dislocated workers. There
are three types of career services: basic career services, individualized career services, and
follow-up services. The provision of individualized career services must be based on the
employment needs of the individual as determined jointly by the individual and the career
planner (case manager), and may be identified through an individual employment plan (IEP).
Although WIOA distinguishes levels of service, this distinction is not intended to imply that
there is a sequence of services. These services can be provided in any order. Career services
under this approach provide local areas and service providers with flexibility to target
services that meet the needs of the customer, while still allowing for tracking of outcomes for
reporting purposes. Career Services are defined in 20 CFR 678.430, and rules governing
their provision to adults and dislocated workers are discussed in 20 CFR 680.100 through
195.
The three categories of career services are as follows, and are further defined in TEGL 16-16
“One-Stop Operations Guidance for the American Job Center Network”.
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 comprehensive American Job
Center per local area. Generally, these services involve less staff time and involvement and
include services such as: eligibility determinations, initial skill assessments, labor exchange
services, provision of information on programs and services, and program referrals. These
services may be provided by both the Adult and Dislocated Worker programs, as well as by
the Employment Service.
Individualized Career Services
Individualized career services must be provided to participants after American Job Center
staff determine that such services are required to retain or obtain employment, consistent with
any applicable statutory priorities. Generally, these services involve significant staff time and
customization to each individual’s need. Individualized career services include services such
as: specialized assessments, developing an individual employment plan, counseling, work
experiences (including transitional jobs), etc.
Local Workforce Development Boards (WDBs) must identify the assessments to be used to
determine eligibility, and ensure eligibility determination procedures are consistent with state
policies. American Job Center staff may use recent previous interviews, evaluations, or
assessments by partner programs to determine if individualized career services would be
appropriate. These services generally will be provided by the Adult and Dislocated Worker
programs, although it may be appropriate for the Employment Service to provide some of
these services.
Follow-up Services
States and local areas must provide follow-up services for adults and dislocated worker
participants who are placed in unsubsidized employment, for up to 12 months after the first
day of employment. States and local areas must establish policies that define what are
considered to be appropriate follow-up services, as well as policies for identifying when to
provide follow-up services to participants. One type of follow-up service highlighted in
WIOA is to provide individuals counseling about the work place. Follow-up services do not
extend the date of exit in performance reporting; for more information on performance
reporting see TEGL 10-16.
5. Transitional Jobs. Transitional jobs are a type of work-experience Local WDBs may
provide under WIOA and are considered an individualized career service. Transitional jobs
are time-limited and wage-paid work experiences that are subsidized up to 100 percent.
These jobs are in the public, private, or nonprofit sectors and are only available for
individuals with barriers to employment who are chronically unemployed or have an
inconsistent work history, as determined by the Local WDB. Transitional jobs provide an
individual with work experience that takes place within the context of an employee-employer
relationship, in which the program provider generally acts as the employer, and with an
opportunity to develop important workplace skills. The WIOA Final Rule governs the
requirements for transitional jobs at 20 CFR 680.190 and .195.
This service must be combined with career and supportive services. These jobs must be
designed to establish a work history for the individual, demonstrate success in the workplace,
and develop the skills that lead to entry into and retention in unsubsidized employment.
Unlike on-the-job training (OJT), there is no requirement that the employer retains the
individual upon completion of the transitional job; however, retention, where appropriate, is
preferred for the benefit of the worker and employer. Under section 134(d)(5) of WIOA and
20 CFR 680.195 of the Final Rule, Local WDBs may use up to 10 percent of their combined
total of adult and dislocated worker funds to provide transitional jobs to individuals. For
example, if a local area receives $1.5 million in adult funds and $1.0 million in DW funds,
the Local WDB may use up to $250,000 (10% of the total) for transitional jobs.
If the Local WDB uses transitional jobs as part of its service delivery strategy, it must adopt
policies and identify appropriate employers (public, private, or nonprofit). Additionally,
these policies must include plans on the amount of reimbursements for the jobs (up to 100
percent of the wage), what supportive services must be included, and the limits on the
duration of the transitional job. If states and Local WDBs choose to use transitional jobs as a
strategy, they must develop policies for defining and identifying individuals who are
“chronically unemployed” or “have an inconsistent work history”. The Department
encourages targeting individuals who are long-term unemployed, ex-offenders, and
individuals who are currently receiving or have exhausted TANF benefits when developing
these policies. Additionally, the Department encourages utilizing job readiness training in
combination with transitional jobs if determined appropriate by the Local WDB.
6. Career Services provided by ES staff. Labor exchange services, which are the primary
services provided by ES staff, fall under the basic career services discussed in Section 4 of this
TEGL. Additionally, all of the basic career services must be made available by ES staff in
coordination with other American Job Center partners. ES staff may also make available the
individualized career services discussed in Section 4 of this TEGL, and the Department
encourages states to make these services available, particularly for those individuals with barriers
to employment, such as the long-term unemployed, as defined in WIOA sec. 3(24). The WIOA
Final Rules discuss career services provided by the ES program in 20 CFR 652.206 and 208.
ES staff members also have specific obligations in serving unemployment insurance (UI)
claimants and carrying out components of the state’s UI program, which include:
Coordination of basic career services, particularly labor exchange services;
Targeting UI claimants for job search assistance and referrals to employment;
Administering state UI work test requirements, including, obtaining/documenting
relevant information for eligibility assessments and providing job search assistance and
referrals to employment;
Provision of referrals to and application assistance to UI claimants for training and
education resources and programs, including but not limited to Pell Grants, GI Bill, Post
9/11 Veterans Educational Assistance, WIOA, higher education assistance, and
Vocational Rehabilitation;
Outreach, intake (including identification through the state’s Worker Profiling and
Reemployment Services system of UI claimants likely to exhaust benefits and related
programs, such as the Reemployment Services and Eligibility Assessment program), and
orientation to information and other services available through the American Job Center
network;
Provision of information and assistance regarding filing claims under UI programs,
including meaningful assistance to individuals (including individuals with language or
other program access barriers) seeking assistance in filing a claim—
o Meaningful assistance means providing assistance:
In the American Job Center(s), using staff who are well trained in UI
claims filing activities and on the rights and responsibilities of claimants,
and information necessary to file a claim, or
By phone or via other technology, such as live web chat and video
conference, as long as the assistance is provided by appropriately-trained
and available staff and within a reasonable time;
o Technology-based approaches to providing meaningful assistance must ensure
American Job Center customers have access to appropriately trained staff within a
reasonable time. The referral of American Job Center customers to the state UI
agency’s self-service website or public phone line where the individual is placed
into a queue with all other claimants is not meaningful assistance;
o The cost associated in providing meaningful assistance may be paid for by the
State’s UI administrative funding, the WIOA Adult or Dislocated Worker
programs, the ES program, or some combination of these funding sources.
7. Training Services. Training services can be critical to the employment success of many
adults and dislocated workers. Training services are governed by sections 20 CFR 680.200
through .230 and 20 CFR 680.300 through .350 of the WIOA Final Rule. American Job
Center staff may determine training services are appropriate, regardless of whether the
individual has received basic or individualized career services first, and there is no sequence
of service requirement.
Under WIOA, training services may be provided if the American Job Center staff, including
partner programs’ staff, determines after conducting an interview, an evaluation, or
assessment, and career planning, that the individual:
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;
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;
Has the skills and qualifications to successfully participate in the selected program of
training services;
Is unable to obtain grant assistance from other sources to pay the costs of such training,
including such sources as State-funded training funds or Federal Pell Grants established
under title IV of the Higher Education Act of 1965, or requires WIOA assistance in
addition to other sources of grant assistance, including Federal Pell Grants (20 CFR
680.230 and WIOA sec. 134(c)(3)(B) contain provisions relating to fund coordination.);
Is a member of a worker group covered under a petition filed for Trade Adjustment
Assistance (TAA) and is awaiting a determination. If the petition is certified, the worker
may then transition to TAA approved training. If the petition is denied, the worker will
continue training under WIOA;
Is determined eligible in accordance with the State and local priority system in effect for
adults under WIOA sec. 134(c)(3)(E) if training services are provided through the adult
funding stream; 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.
Training services, when determined appropriate, must be provided either through an
Individual Training Account (ITA) or through a training contract discussed in Section 8 of
this TEGL. Except in certain instances listed in WIOA sec. 122(h) and 20 CFR sec. 680.320,
training services must be provided by an Eligible Training Provider (ETP) in accordance with
WIOA sec. 122(d). Training is available through a State Eligible Training Provider and
Program List (ETPL), comprised of entities determined eligible to receive funds through
WIOA title I, subtitle B, according to the Governor’s eligibility criteria and procedure. As
described in TEGL 41-14 (https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5816), the
State ETPL ensures the accountability, quality and labor-market relevance of programs, and
ensures informed customer choice for individuals eligible for training. WIOA also provides
enhanced access and flexibility for work-based training options, such as Registered
Apprenticeship (RA), on-the-job training, customized training, and incumbent worker
training.
The list of ETPs must be made available to the Local WDB within the state by the State
Workforce Agency (SWA), and to the participant by the Local WDB, in order to maximize
consumer choice. The selection of training services should be conducted in a manner that
maximizes customer choice, is linked to in-demand occupations, is informed by the
performance of relevant training providers, and is coordinated to the extent possible with
other sources of assistance, including Pell Grants (see WIOA sec. 134(c)(3)).
DOL encourages States and Local WDBs, where appropriate, to utilize previous assessments
when making training determinations to reduce duplicate assessments and develop enhanced
alignment across partner programs. This could include common intake forms across partner
programs to encourage system alignment, reduce individual burden, and ensure customers
greater access to programs based on their need. The provision of training services necessary
to assist a participant in achieving his/her employment and/or training goals may be reflected
in the IEP.
Types of training services that may be provided include:
(a) Occupational skills training, including training for nontraditional employment;
(b) On-the-job training;
(c) Incumbent worker training (see Section 13 of this TEGL);
(d) Programs that combine workplace training with related instruction, which may
include cooperative education programs;
(e) Training programs operated by the private sector;
(f) Skill upgrading and retraining;
(g) Entrepreneurial training;
(h) Job readiness training provided in combination with the training services
described in any of clauses (a) through (g) or transitional jobs;
(i) Adult education and literacy activities, including activities of English Language
acquisition and integrated education and training programs, provided concurrently
or in combination with services provided in any of clauses (a) though (g); and
(j) Customized training conducted with a commitment by an employer or group of
employers to employ an individual upon successful completion of the training.
8. Training Contracts. Individual Training Accounts (ITAs) are the primary method to be used
for procuring training services under WIOA, similar to the provision of training services
under WIA. However, in certain circumstances, a training contract may be used to provide
training services, instead of an ITA. These circumstances are referred to as the “training
exceptions” or “contract exceptions”. Training contracts may only be used if at least one of
the five circumstances listed below applies and the process for their use is described in the
Local Plan. Additionally, the Local WDB must have fulfilled the consumer choice
requirements of 20 CFR 680.340. Under section 134(c)(3)(G)(ii) of WIOA and consistent
with 20 CFR 680.320, 680.340, and 680.530, states may use the contract exceptions as
described below:
On-the-job training, which may include paying for the on-the-job training portion of an
RA program, customized training, incumbent worker training, or transitional jobs;
If the Local WDB 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;
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 WDB 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:
o Financial stability of the organization;
o 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
o How the specific program relates to the workforce investment needs
identified in the local plan;
If the Local WDB 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
If the Local WDB determines, a pay-for-performance contract is suitable consistent with
683.500 (note that no more than 10 percent of the local funds may be spent on pay-for-
performance contract strategies as they are defined in section 3(47) of WIOA, and be
consistent with 20 CFR 683.510).
Additionally, a Local WDB may determine that providing training through a combination of
ITAs and contracts is the most effective approach. This approach could be used to support
placing participants in programs such as Registered Apprenticeships and other similar types
of training.
9. Priority Populations under WIOA. Services provided to adults and dislocated workers
under title I of WIOA can be a pathway to the middle class and to maintain and build skills to
remain in the middle class. Across all titles, WIOA focuses on serving “individuals with
barriers to employment”, defined in WIOA section 3(24) and seeks to ensure access to quality
services for these populations. The WIOA Final Rules discuss priority and special
populations for the Adult and Dislocated Worker programs at 20 CFR 680.600 through .660.
These populations are discussed below:
Individuals with Barriers to Employment
The populations included in the “individuals with barriers to employment” in WIOA sec.
3(24) include:
(a) Displaced homemakers (as defined in WIOA sec. 3(16));
(b) Low-income individuals (as defined in WIOA sec. 3(36));
(c) Indians, Alaska Natives, and Native Hawaiians (as defined in WIOA sec. 166(b));
(d) Individuals with disabilities, including youth who are individuals with disabilities (as
defined in WIOA sec. 3(25) (includes individuals who are in receipt of Social
Security Disability Insurance);
(e) Older individuals (age 55 and older) (as defined in WIOA sec. 3(39));
(f) Ex-offenders (“offender” as defined in WIOA sec. 3(38));
(g) Homeless individuals or homeless children and youths (see Attachment III);
(h) Youth who are in or have aged out of the foster care system;
(i) Individuals who are:
(1) English language learners (WIOA sec. 203(7)),
(2) Individuals who have low levels of literacy (an individual is unable to
compute or solve programs, or read, write, or speak English at a level
necessary to function on the job, or in the individual’s family, or in
society); and
(3) Individuals facing substantial cultural barriers;
(j) Eligible migrant and seasonal farmworkers (as defined in WIOA sec. 167(i)(1-3);
(k) Individuals within two years of exhausting lifetime TANF eligibility;
(l) Single parents (including single pregnant women);
(m) Long-term unemployed individuals (unemployed for 27 or more consecutive weeks);
and
(n) Such other groups as the Governor involved determines to have barriers to
employment
Statutory Priority for Adult Funds
Section 134(c)(3)(E) of WIOA establishes a priority requirement with respect to funds
allocated to a local area for adult employment and training activities. Under this section,
American Job Center staff when using WIOA Adult funds to provide individualized career
services, as described in Section 4 of this TEGL, training services, or both, as described in
Section 7, must give priority to recipients of public assistance, other low-income individuals,
and individuals who are basic skills deficient. WIOA sec. 3(36) defines “low-income
individual” and WIOA sec. 3(5) defines “basic skills deficient” (see Appendix IV for full
definition). ETA notes that individuals who are English language learners meet the criteria
for “basic skills deficient” and must be included in the priority populations for the title I
Adult program. Under WIOA, priority must be implemented regardless of the amount of
funds available to provide services in the local area. States are required to develop policies
and procedures for applying this priority, including monitoring local areas’ compliance with
this priority.
Under WIOA, there is no exclusion of payments for unemployment compensation, child
support payments, and old-age survivors insurance benefits from the income calculations for
determining if an individual is low-income. These exclusions that were previously provided
under WIA sec. 101(25) no longer apply.
The priority established in the previous paragraph does not necessarily mean that these
services may only be provided to recipients of public assistance, other low-income
individuals, and individuals who are basic skills deficient. The Local WDB and the
Governor may establish a process that also gives priority to other individuals eligible to
receive such services, provided that it is consistent with priority of service for veterans (see
20 CFR 680.650) and the priority provisions of WIOA sec. 134(c)(3)(E) and §680.600. Any
additional priority populations identified by the State and Local WDB should be reflected in
the State’s WIOA Unified or Combined Plan, as well as the local area plan(s). Additionally,
the priority is to be applied for the provision of individualized career services and training
services. There are no restrictions to providing basic career services; they may be provided to
any eligible adult.
Veterans and Adult Priority
Veterans and eligible spouses continue to receive priority of service for all DOL-funded job
training programs, which include WIOA programs. However, as described in TEGL 10-09,
when programs are statutorily required to provide priority for a particular group of
individuals, such as the WIOA priority for Adult funds described above, priority must be
provided in the order described below. A veteran must meet each program’s eligibility
criteria to receive services under the respective employment and training program. For
income-based eligibility determinations and for determining priority of service, military pay
or allowances paid while on active duty or paid by the Department of Veterans Affairs (VA)
for vocational rehabilitation, disability payments, or related VA-funded programs are not to
be considered as income, in accordance with 38 U.S.C. 4213 and 20 CFR 683.230.
Priority must be provided in the following order:
i. First, to veterans and eligible spouses who are also included in the groups given
statutory priority for WIOA Adult formula funding. This means that veterans and
eligible spouses who are also recipients of public assistance, other low-income
individuals, or individuals who are basic skills deficient would receive first
priority for services with WIOA Adult formula funds for individualized career
services and training services.
ii. Second, to non-covered persons (that is, individuals who are not veterans or
eligible spouses) who are included in the groups given priority for WIOA adult
formula funds.
iii. Third, to veterans and eligible spouses who are not included in WIOA’s priority
groups.
iv. Fourth, priority populations established by the Governor and/or Local WDB.
v. Last, to non-covered persons outside the groups given priority under WIOA.
Note: When past income is an eligibility determinant for Federal employment or training
programs, any amounts received as military pay or allowances by any person who served on
active duty, and certain other specified benefits must be disregarded for the veteran and for
other individuals for whom those amounts would normally be applied in making an eligibility
determination. Military earnings are not to be included when calculating income for veterans
or transitioning service members for this priority, in accordance with 38 U.S.C. 4213.
Additionally, the WIOA Final Rule at 20 CFR 680.230, require coordinating WIOA funded
training with “other grant assistance”, such as Federal Pell Grants. Some service providers
have interpreted these provisions to mean that veterans or spouses who are eligible for the GI
Bill or other forms of VA funded education or training are required to coordinate their
entitlement to those benefits with their eligibility for WIOA funded training. Some have
further interpreted the coordination requirement to mean that the VA funded training
entitlement must be exhausted before the veteran or eligible spouse can be enrolled in WIOA
funded training. However, VA benefits for education and training services do not constitute
“other grant assistance” under WIOA’s eligibility requirements. Therefore, eligibility for VA
benefits for education or training services do not preclude a veteran or the veteran’s eligible
spouse from receiving WIOA funded services, including training funds. Similarly, WIOA
program operators may not require veterans or spouses to exhaust their entitlement to VA
funded training benefits prior to allowing them to enroll in WIOA funded training.
10. Dislocated Worker Eligibility. WIOA sec. (3)(15) defines the term dislocated worker, see
Attachment III for the complete definition.
In order to further clarify the definition of a dislocated worker, the WIOA Final Rule at 20
CFR 680.130(b) allows for Governors and Local WDBs to create policies to define terms
such as a “general announcement” of a plant closing consistent with WIOA sec. 3(15)(B)(ii)
or (iii), “unemployed as a result of general economic conditions in the community in which
the individual resides or because of natural disasters,” and “unlikely to return to a previous
industry or occupation” under WIOA sec. 3(15)(A)(iii) consistent with 20 CFR 680.660.
Governors and Local WDBs may also develop policies for determining the eligibility of self-
employed individuals, including family members and farm workers or ranch hands under
WIOA sec. 3(15)(C). Additionally, States and Local WDBs should note that the definition of
dislocated workers must include separating service members, as further described below.
Serving Separating Service Members and Military Spouses with Dislocated Worker Funds
Under 20 CFR 680.660, service members exiting the military, including, but not limited to,
those who receive or are eligible for Unemployment Compensation for Ex-service members
(UCX), generally qualify as dislocated workers. Dislocated Worker funds under title I can
help separating service members to enter or reenter the civilian labor force. Generally a
separating service member needs a notice of separation, either a DD-214 from the
Department of Defense, or other appropriate documentation that shows a separation or
imminent separation from the Armed Forces. These documents meet the requirement that the
individual has received a notice of termination or layoff, to meet the required dislocated
worker definition. In the case of separating service members, because they may be on a
terminal leave from the military, it may make sense to begin providing career services while
the service member may still be part of the Active Duty military, but has an imminent
separation date. It is appropriate to provide career services to separating service members
who will be imminently separating from the military, provided that their discharge will be
anything other than dishonorable. Lastly, ETA policy generally dictates that a separating
service member meets the dislocated worker requirement that an individual is unlikely to
return to his or her previous industry or occupation in the military.
Regarding military spouses, 20 CFR 680.630 expands the definition of dislocated workers to
include military spouses who have experienced a loss of employment as a direct result of
relocation to accommodate a permanent change in duty station of the spouse. Military
spouses also can qualify if they are unemployed or underemployed and are experiencing
difficulty in obtaining or upgrading employment (see WIOA secs. 3(15)(E) and 3(16)(A) and
(B)) and 20 CFR 680.630 of the DOL-only Final Regulations). Military spouses may also
qualify if they are a dependent spouse of a member of the Armed Forces on active duty
whose family income is significantly reduced, as determined by the State or local area,
because of a deployment, a call or order to active duty, a permanent change of station, or the
service-connected death or disability of the service member. See Attachment III for
definitions of these terms.
11. Employment Status Clarification. In addition to providing career and training services to
individuals who are unemployed, a significant number of job seekers are underemployed.
State and local policy should be developed for serving individuals that are underemployed.
Examples of underemployed individuals that the policies may include are:
Individuals employed less than full-time who are seeking full-time employment;
Individuals who are employed in a position that is inadequate with respect to their skills
and training;
Individuals who are employed who meet the definition of a low-income individual in
WIOA sec. 3(36); and
Individuals who are employed, but whose current job’s earnings are not sufficient
compared to their previous job’s earnings from their previous employment.
Individuals who are underemployed and meet the definition of a low-income individual may
receive career and training services under the Adult program on a priority basis per Section
10 of this TEGL. Individuals who meet the definition of an individual with a barrier to
employment (see WIOA sec. 3(24)) who are underemployed may also be served in the Adult
program; however, unless they are a recipient of public assistance, a low-income individual,
or are basic skills deficient, they are not eligible for service on a priority basis. Individuals
who were determined eligible for the Dislocated Worker program who are determined by
State and/or local policies to be underemployed, may still be considered eligible to receive
services under the Dislocated Worker program depending on State and/or local policies. For
instance, an individual who is dislocated from a full time job who has found part-time
employment may still be considered a dislocated worker by State and/or local policies. We
encourage states and local areas to develop policies and procedures for determining
underemployment for both the adult and dislocated worker programs.
12. Work-Based Training. Under WIOA, there are additional work-based training options and
flexibilities for adults and dislocated workers. Work-based training presents a great
opportunity for fostering increased employer engagement, implementing sector strategies,
and encouraging industry partnerships, as these types of training allow employers to train
their employees while continuing to be productive members of the workforce. This section
covers allowed types of work-based training including: registered apprenticeships, on-the-job
training (OJT), and customized training. Sections 20 CFR 680.700 through .840 govern
Work-Based Training.
Registered Apprenticeship (RA)
RA is an important component of potential training and employment services that the
workforce system can provide to its customers. We encourage Local WDBs to partner with
the RA system and use RA opportunities as a career pathway for job seekers and as a job-
driven strategy for employers and industries. RA can be funded through several mechanisms.
Section 122(a)(3) of WIOA also provides a new opportunity for RA programs to be more
directly connected to the public workforce system. As RA programs, they are automatically
eligible for inclusion on the State and local WDB’s ETPL, if they choose to be, allowing
ITAs to support participants in RA programs, and more directly connect those programs to
the American Job Center network.
Every State has either a federal DOL Office of Apprenticeship (OA) or a State
Apprenticeship Agency (SAA). Local WDBs and American Job Centers should work with
the offices in their State to implement registered apprenticeships, (Federal OA and SAA State
contact information is available at http://www.doleta.gov/oa/contactlist.cfm).
RA Program sponsors can be Eligible Training Providers (ETPs). Some examples of typical
RA Program sponsors are:
Employers who provide related instruction: A number of employers with RA
programs provide formal in-house instruction as well as on-the-job training (OJT) at the
work site.
Employers who use an outside educational provider: Under this model, RA program
sponsors do not provide the related instruction or educational portion of the
apprenticeship, but rely upon an outside educational entity to deliver instruction.
Employers can use two- or four-year post-secondary institutions, technical training
schools or on-line courses for related instruction. Under this formulation, the employer is
the ETP and must identify their instructional provider.
Joint Apprenticeship Training Programs: These programs are made up of employers
and unions. They have an apprenticeship training school where the instructional portion
of the apprenticeship program is delivered. The training schools are usually administered
by the union, in which case the union would be the ETP. Multiple employers can be a part
of the same Joint Apprenticeship Training Program.
Intermediaries: Intermediaries can serve as program sponsors when they take
responsibility for the administration of the apprenticeship program. They also can
provide expertise such as curriculum development, classroom instruction and supportive
services, as appropriate. The intermediary is the ETP and must identify the instructional
provider if an outside organization is providing the educational portion of the
apprenticeship. Intermediaries include:
o Educational institutions including two- and four-year post-secondary institutions
or technical schools. In this model, the educational institution administers the
program, works with employers to hire apprentices and provides classroom or on-
line instruction for the apprenticeship program;
o Industry associations that administer the program and work with
employer/members and educational entities to implement the apprenticeship
program; and
o Community-based organizations that administer the program and work with
employers, educational entities and the community to implement the
apprenticeship program.
ETA is committed to fully integrating RA programs as an employment and training solution
for American Job Center centers. American Job Center centers may make arrangements with
RA programs to initiate applications to RA programs on behalf of participants. ETA wants to
ensure that local areas have maximum flexibility to serve participants and support their
placement into RA programs. Given the unique nature of RA, there are several ways in
which training services may be used in conjunction with these programs:
An ITA may be developed for a participant to receive RA training;
An OJT contract may be developed with a RA program for training participants. OJT
contracts are made with the employer or RA program sponsor, and RAs generally involve
both classroom and on-the-job instruction. The OJT contract may be made to support
some or all of the OJT portion of the RA program;
A combination of an ITA to cover the classroom instruction along with an OJT contract
to cover on-the-job portions of the RA is allowed; and
Incumbent worker training may be used for upskilling apprentices or journey workers
who already have an established working/training relationship with the RA program.
Local areas may also include supportive services, in coordination with career and/or training
services, to participants in a RA program. These supportive services must be consistent with
WIOA section 134(d)(2), Section 14 of this TEGL, and state and local policies.
Reporting on Registered Apprenticeship Participation under WIOA
As states and local areas increasingly adopt RA programs as part of their sector strategies and
career pathways approaches, complete and accurate reporting of the workforce system’s
investments in these programs is vital. Under WIOA, data on program participants and
program outcomes is reported by states through the Participant Individual Record Layout
(PIRL). Participants who are placed into a registered apprenticeship with WIOA funds or
individuals in a registered apprenticeship at the time of program entry must be identified in
PIRL element 931. In addition to the other required reporting elements, individuals who
receive RA training services funded in whole or in part from WIOA under either an
Individual Training Account (ITA) or through a contract (e.g. OJT) must be reported under
code value 09 on PIRL element number 1303 (or elements 1310 or 1315 if the participant is
in receipt of multiple types of training). If the RA program is funded using an ITA, PIRL
elements 1301, 1304 (code value “2”), and 1305 must also be reported.
On-the-Job Training
OJT continues to be a key method of delivering training services to adults and dislocated
workers. WIOA provides for State and Local WDB to provide up to 50 percent of the wage
rate of the participant to employers for the costs of training while the participant is in the
program. OJT contracts may also be entered into with RA program sponsors or participating
employers in registered apprenticeship programs for the OJT portion of the registered
apprenticeship program consistent with 20 CFR 680.700. Depending on the length of the
registered apprenticeship and State and Local WDB OJT policies, these funds may cover
some or all of the duration of the registered apprenticeship. Additionally, the Governor and
Local WDBs have the flexibility under WIOA to increase the reimbursement level to up to 75
percent of the total wage taking into account the following factors:
The characteristics of the participants taking into consideration whether they are
“individuals with barriers to employment” as defined in WIOA sec. 3(24);
The size of the employer, with an emphasis on small businesses;
The quality of employer-provided training and advancement opportunities, for example if
the OJT contract is for an in-demand occupation and will lead to an industry-recognized
credential; and
Other factors the Governor or Local WDB may determine appropriate (e.g. the number of
employees participating in the training, wage and benefit levels of the employees (both
pre and post participation earnings), and relation of the training to the competitiveness of
the participant).
Governors or Local WDBs must document the factors used when deciding to increase the
wage reimbursement levels above 50 percent up to 75 percent.
Customized Training
Customized training is designed to meet the specific requirements of an employer or group of
employers with the commitment that the employer(s) hire an individual upon successful
completion of the training. The Final Rules provide Local WDBs with flexibility to ensure
that customized training meets the unique needs of the job seekers and employer(s). The
employer must pay for a significant portion of the cost of training, as determined by the Local
WDB. Local WDBs must identify policies for determining what constitutes employer’s
payment of “a significant portion of the cost of training” taking into account: the size of the
employer and other factors the Local WDB determines are appropriate, which may include,
the number of employees participating in training, wage and benefit levels of those
employees (at present and anticipated upon completion of the training), relation of the
training to the competitiveness of a participant, and other employer-provided training and
advancement opportunities.
Reporting On-the-Job Training and Customized Training Participation under WIOA
It is important to note that OJT and customized training are excluded from the credential
attainment performance indicator because although they often provide employment benefits
to recipients of these services, they rarely result in a credential. However, ETA encourages
Local WDBs to consider OJT and customized training programs that do result in a credential.
13. Incumbent Worker Training (IWT). IWT provides both workers and employers with the
opportunity to build and maintain a quality workforce and is governed by sections 20 CFR
680.780 through .820 of the Final Rule. IWT is designed to meet the needs of an employer or
group of employers to retain a skilled workforce or avert layoffs. IWT is not permitted to be
used to provide the occupational training a new hire needs. IWT can be used to either:
Help avert potential layoffs of employees, or
Obtain the skills necessary to retain employment, such as increasing the skill levels of
employees so they can be promoted within the company and create backfill opportunities
for less-skilled employees.
Under section 134(d)(4) of WIOA and 20 CFR 680.800, a Local WDB can use up to 20
percent of their Adult and Dislocated Worker funds to provide for the federal share of the
cost of providing IWT. For example, if a Local WDB receives $1.5 million in Adult funds
and $1.0 million in DW funds; it may use up to $500,000 (20 percent of the total) for IWT.
This 20 percent can be used for IWT activities that are programmatic in nature, as
administrative activities must be paid out of the Board’s administrative funds. The Local
WDB must determine an employer’s eligibility for participating in IWT based on the
following factors which help to evaluate whether training would increase the competitiveness
of the employees or both the employees and the employer:
The characteristics of the individuals in the program (e.g. individuals with barriers to
employment);
Whether the training improves the labor market competitiveness of the employees or both
the employees and the employer; and
Other factors the Local WDB may consider appropriate, including:
o the number of employees participating in the training;
o wage and benefit levels of those employees (both pre- and post-training
earnings);
o the existence of other training and advancement opportunities provided by
the employer;
o credentials and skills gained as a result of the training;
o layoffs averted as a result of the training;
o utilization as part of a larger sector and/or career pathway strategy; or
o employer size
For an employer to receive IWT funds, the individual(s) receiving training must be:
Employed;
Meet the Fair Labor Standards Act requirements for an employer-employee relationship;
and
Employment history requirement - Have an established employment history with the
employer for 6 months or more (which may include time spent as a temporary or contract
worker performing work for the employer receiving IWT funds).
There is one exception to the six month requirement, which is that in the event that
incumbent worker training is being provided to a cohort of employees, not every employee in
the cohort must have an established employment history with the employer for six months or
more as long as a majority of those employees being trained meet the employment history
requirement.
An incumbent worker does not have to meet the eligibility requirements for career and
training services for adults and dislocated workers under WIOA, unless they are also enrolled
as a participant in the WIOA adult or dislocated worker program.
The Governor or the State WDB may make recommendations to the Local WDBs for
providing incumbent worker training that has a statewide impact. ETA encourages States
and Local WDBs to cultivate opportunities and develop policies that can appropriately
support employers in their efforts to develop a more competitive workforce or avert potential
layoffs and that provide incumbent workers with opportunities for advancement and wage
gains within their company.
States may also provide IWT with Rapid Response funds for statewide incumbent worker
training activities as part of a broader layoff aversion strategy, as described in section 18 of
this TEGL. IWT policies must be consistent with State and Local Plans, as well as with
career pathway and sector strategy approaches for in-demand occupations. Generally, IWT
should be provided to private sector employers; however, there may be instances where non-
profit and local government entities may be the recipients of IWT funds. For example, IWT
may be used in the health care industry where hospitals are operated by non-profit or local
government entities and a nursing upskilling opportunity is available.
IWT can also be used for underemployed workers—e.g. workers who would prefer full-time
work but are working part-time for economic reasons. While these workers are employed,
they may have accepted reduced hours to gain or maintain employment or a previous
dislocation has led them to accept reduced employment and often lower wages that may have
a permanent effect on their careers. The use of these strategies may focus on increasing skills
for underemployed frontline workers in an effort to advance these workers to more skilled
positions with the same employer or industry sector leading to an increase in earnings
through more work hours or an increase in pay. As part of an incumbent worker upskilling
strategy, State and Local WDBs are also encouraged to develop an upskill/backfill strategy
which involves filling jobs vacated by workers who are moving into more advanced positions
in the company with other WIOA participants. State and Local WDBs are encouraged to
develop contracts such that once incumbent workers advance with the employer; the
employer then provides an opportunity to the State or Local WDBs to fill this now vacant
position with a local WIOA participant.
State and Local WDBs must develop a process for documenting the six month work-history
requirement for IWT recipients with the employer. The contract between the Local WDB
and the employer must include this as a term of the contract.
Employer Payment Requirement
Employers are required to pay the non-Federal share of the cost of providing incumbent
worker training. WIOA sec. 134(d)(4)(D) requires Local WDBs to establish policies
regarding the non-federal share of the cost of IWT. Employers are required to pay a portion
of the training for those individuals in incumbent worker training and this may be done
through both cash payments and fairly evaluated in-kind contributions. The employer
contribution may include the wages the employer pays to the incumbent worker trainee while
the worker is attending training. Under section 134(d)(4)(D) of WIOA, in establishing the
employer share of the cost, the Local WDB must consider the number of employees
participating in the training, the wage and benefit levels of the employees (at the beginning
and anticipated upon completion of the training), the relationship of the training to the
competitiveness of the employer and employees, and the availability of other employer-
provided training and advancement opportunities. The employer’s payment for the non-
federal share can be cash payments, fairly evaluated in-kind contributions, or both. The
minimum amount of employer share in the IWT depends on the size of the employer and may
not be less than:
10 percent of the cost, for employers with 50 or fewer employees;
25 percent of the cost, for employers with between 51 to 100 employees; and
50 percent of the cost, for employers with more than 100 employees.
Employer share must be reported on the quarterly ETA-9130 financial report. States may also
create policies establishing minimum amounts of employer share for IWT conducted using
statewide funds, including rapid response funds.
14. Supportive Services and Needs-Related Payments. A key principle in WIOA is to provide
local areas with the authority to make policy and administrative decisions, and the flexibility
to tailor the workforce system to the needs of the local community. To ensure maximum
flexibility, this guidance provides local areas the discretion to provide the supportive services
they deem appropriate, subject to WIOA’s limitations. Supportive services are designed to
provide a participant with the resources necessary to enable their participation in career and
training services, and are governed by the DOL-only Final Rule at 20 CFR 680.900 through
.970.
Local WDBs must develop policies and procedures governed by 20 CFR 680.900 through
.970 of the Final Rule. Local WDBs, in consultation with the American Job Center partners
and other community service providers, must develop a policy on supportive services that
ensures resource and service coordination in the local area. The policy should address
procedures for referral to such services, including how such services will be funded when
they are not otherwise available from other sources. These policies may establish limits on
the provision of supportive services or provide the one-stop center with the authority to
establish such limits, including a maximum amount of funding and maximum length of time
for supportive services to be available to a participant. These policies may also allow
American Job Centers to grant exceptions to these limits. Local WDBs must develop
policies and procedures that ensure that supportive services are WIOA-funded only when
these services are not available through other agencies and that the services are necessary for
the individual to participate in title I activities. These policies include establishing limits on
the provision of supportive services and any exceptions to those limits, as described in 20
CFR 680.920.
Supportive services may be made available to any adult or dislocated worker participating in
title I career services or training activities that is unable to obtain supportive services through
other programs providing such services. Additionally, the supportive services must be
necessary to enable the individual to participate in career services or training activities. Note
that follow-up career services are not a qualifying service for the receipt of supportive
services; therefore, an individual who is only receiving “follow-up” services may not receive
supportive services. Individuals identified as needing ongoing supportive services must still
be participating in career services (other than follow-up), training activities, or both to
continue to receive supportive services. Supportive services also may not be used to extend
the date of exit for performance accountability purposes. Supportive services, like follow-up
services, do not make an individual a participant or extend participation.
Supportive services may include, but are not limited to:
Assistance with transportation;
Assistance with child care and dependent care;
Linkages to community services;
Assistance with housing;
Needs-Related Payments (available only to individuals enrolled in training services and
must be consistent with 20 CFR 680.930, 680.940, 680.950, 680.960, and 680.970)
Assistance with educational testing;
Reasonable accommodations for individuals with disabilities;
Referrals to health care;
Assistance with uniforms or other appropriate work attire and work-related tools,
including such items as eye glasses and protective eye gear;
Assistance with books, fees, school supplies, and other necessary items for students
enrolled in post-secondary education classes;
Payments and fees for employment and training-related applications, tests, and
certifications; and
Legal aid services.
Needs-related payments are designed to provide a participant with financial assistance for the
purpose of enabling them to participate in training services. ETA recognizes that many
individuals in need of training services may not have the resources available to participate in
the training. Needs-related payments can help individuals meet their non-training expenses
and help them to complete training successfully. The maximum level of needs-related
payments must be established by the Local WDB and must follow criteria at 20 CFR
680.970. According to sec. 134(d)(3)(B) of WIOA, a participant must be enrolled in a
training program described in sec. 134(c)(3) of WIOA in order to receive needs-related
payments. Specific criteria for Adult and Dislocated Worker eligibility may be found in 20
CFR 680.940 and 680.950.
15. Transfer of Funds. WIOA sec. 133(b)(4) provides the authority for Local WDBs, with the
written approval of the Governor, to expend up to 100 percent of the Adult activities funds on
Dislocated Worker activities, and up to 100 percent of Dislocated Worker activities funds on
Adult activities. Governors must have a written policy in place to evaluate transfer requests
from local workforce areas which is documented in the State Plan or another written policy.
ETA encourages the Governor’s policy to take into account the employment and service
needs of the local area (both job seekers and employers), current labor market information
and demographics, consistency with broader strategies in the local plan, meeting the Local
Area’s negotiated levels of performance, and any other considerations the Governor considers
necessary to determine the appropriateness of a transfer. Expenditures of monies transferred
between the local dislocated workers and adult programs are reported on the ETA-9130
reports. ETA notes when considering such transfers that career and training services must
continue to be made available to both adults and dislocated workers in the American Job
Centers (see WIOA sec. 134(c)(1)).
16. Performance Accountability: Career and Training Services. In order to achieve the
vision of WIOA, align service delivery across the core WIOA programs, and ensure a
comprehensive approach across all partners, the Departments of Labor and Education have
developed common performance measures and reporting elements, see TEGL 10-16
(https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8226). This includes common
definitions of the terms “reportable individual”, “participant”, and “exit” for performance
accountability purposes. These terms distinguish which individuals are included in
performance accountability calculations, while also ensuring the Department tracks the other
important self-service and information-only services or activities provided by the Adult,
Dislocated Worker, and ES programs.
In the WIOA title I Adult and Dislocated Worker programs, in order to become a participant,
an individual must meet all applicable program requirements to receive services, such as
being determined eligible and have received a service other than self-service or accessed
information-only services or activities. For the ES program, which provides access to all job
seekers and does not have an eligibility component, to be considered a participant, an
individual must receive a service other than self-service and information-only services or
activities to be considered a participant. A chart that details which services go beyond self-
service or information-only service and therefore trigger participation is included as
Attachment II. It is important to note that the receipt of one or more services that would
trigger participation means that a person is considered a participant and therefore should be
included in the performance accountability measures reported through the Annual Statewide
Performance Reports. The WIOA Final Rules discuss performance accountability at Part 677
of the Joint Regulations. 20 CFR 677.150 defines “participant”, “reportable individual”, and
“exit” and for the purposes of the WIOA Adult, Dislocated Worker, and ES programs, and
the definitions of these terms are included in III of this TEGL.
State and Local WDBs should also note that unlike the WIOA Youth program, in the WIOA
Adult, Dislocated Worker, and the ES programs, an assessment (other than an eligibility
assessment) is considered to be a type of basic career service that does trigger participation. A
referral to employment (when a specific individual or group of individuals is referred to a
specific job or jobs) is the only type of referral that would trigger participation. Referrals
alone to other programs and services do not trigger participation. However, referrals that are
generated as a result of a service, such as career counseling, trigger participation. Simple
searches of job boards or automated emails are not considered to be referrals to employment,
as they are informational in nature and contain publicly available information.
The ES program provides vital self-service and informational services which would result in
the ES program having a high percentage of reportable individuals. Even though these
individuals are not included in the performance accountability calculations, ETA strongly
supports these services and other services which can be provided virtually. ETA also notes
that individuals may also receive virtual services and virtual career planning that demonstrate
sufficient interaction or engagement with the system to be considered participants.
Performance Accountability for Training Services
Generally, all participants enrolled in training funded by the WIOA title I Adult, Dislocated
Worker program, or both are counted for performance accountability purposes. However,
participants who receive OJT or customized training are not included in the credential
attainment indicator at 20 CFR 677.155(a)(1)(iv) for performance accountability purposes,
but, must be included in the calculation of the other performance indicators.
Performance Accountability for Incumbent Worker Training
WIOA sec. 134(d)(4) requires the Local WDB to determine if an employer is eligible to have
its employees receive IWT and the incumbent worker who receives the training is not
required to meet the eligibility requirements for career and training services for adults and
dislocated workers under WIOA title I, unless they also are enrolled as a participant, resulting
from the receipt of other services in the WIOA title I Adult or Dislocated Worker program.
Due to WIOA sec. 134’s unique eligibility requirements, the Department does not consider
individuals who receive only IWT to be participants required for inclusion in the WIOA
performance accountability calculations.
As a result, an individual who only receives incumbent worker training and does not become
a core program participant will not be included in the calculation of the State primary
indicators of performance for negotiations and accountability purposes. However, states and
Local WDBs are required to report the outcomes of individuals in receipt of IWT on the
primary indicators of performance (i.e. employed 2nd quarter after exit, employed 4th quarter
after exit, median earnings, measurable skills gain, and credential attainment), among other
required elements. Although there are fewer required elements for an individual who
receives only IWT and is not an Adult or Dislocated Worker, the required elements for these
“IWT-only” individuals will mostly be limited to the elements that are used to identify
whether the incumbent worker was employed in certain quarters after exit, the wages earned
during these quarters, whether a measurable skill gain or gains were achieved, and whether a
credential was attained (see TEGL 10-16, Attachment 8 for the specific list of required
elements). For the purposes of calculating these metrics, the exit date for a participant who
has only received IWT will be the last date of training, as indicated in the training contract. If
the individual receiving IWT is also a participant in another program, the State is required to
report that program’s performance reporting information.
All recipients of IWT must be reported in the PIRL under element number 907, regardless of
whether they become a participant in one of the other WIOA programs. For individuals who
only receive IWT, and therefore are not participants in the Adult or Dislocated Worker
programs, states must still report a “Date of Program Entry” in element 900, and should
report a “0” in elements 903 “Adult” and 904 “Dislocated Worker.” The Departments also
encourage the collection of participant Social Security Numbers (SSNs) as part of the training
contract with the employer so that wage records will be available for these individuals.
Otherwise the State or Local WDB must utilize supplemental wage information to verify the
wages reported. The Departments will issue additional guidance on the usage of
supplemental data.
For individuals who receive IWT that is funded with Statewide Rapid Response (element
908) funds under WIOA sec. 134(a)(2)(A)(i)(I), states must also report on these individuals
under DOL-only PIRL element 1501, “Most Recent Date Received Rapid Response
Services”.
17. Other Permissible Local Activities. WIOA provides significant flexibility to local areas
when providing services with adult and dislocated worker funds. In addition to the required
career and training services, local areas may use these funds to provide additional job seeker
services, business services, as well as to facilitate enhanced coordination between other
partner programs and entities at the State and local level. Local areas can use these funds to
develop new types of technical assistance, develop new intake procedures, test new
procurement methods which may lead to better outcomes for job seekers, and ensure
provision of robust services for businesses throughout the workforce system. These
permissible local activities include:
Other Job Seeker Services
Customer support to enable individuals with barriers to employment (including
individuals with disabilities and veterans) to navigate among multiple services and
activities (e.g. dedicated staff specializing in disability services);
Training programs for displaced homemakers and for individuals training for
nontraditional occupations (see WIOA sec. 3(37)), in conjunction with programs operated
in the local area; and
Work support activities for low-wage workers, in coordination with American Job Center
partners, which will provide opportunities for these workers to retain or enhance
employment. Work support activities could include providing services during
nontraditional hours and provision of onsite childcare while the services are being
provided. Work support activities are a strategy that can be used to ensure quality
services to individuals who are underemployed. This may include any activities available
under the WIOA Adult and Dislocated Worker programs in coordination with the
appropriate activities and resources available through partner programs. For example, an
apprentice who has not yet reached the full wage-rate could be provided these services to
help him/her to continue to advance in the RA.
Other Employer Services
Customized screening and referral of qualified participants in career and training services
to employers;
Customized employment-related services to employers, employer associations, or other
such organizations on a fee-for-service basis that are in addition to labor exchange
services available to employers under the ES program; and,
Activities to provide business services and strategies that meet the workforce investment
needs of area employers, as determined by the Local WDB, consistent with the local plan.
Other Coordination Activities
Employment and training activities in coordination with child support enforcement
activities, as well as child support services and assistance activities, of State and local
agencies carrying out part D of title IV of the Social Security Act;
Employment and training activities in coordination with cooperative extension programs
carried out by the Department of Agriculture;
Employment and training activities in coordination with activities to facilitate remote
access to services provided through the American Job Center network, including
facilitating access through the use of technology;
Improving coordination between workforce investment activities and economic
development activities carried out within the local area involved, and to promote
entrepreneurial skills training and microenterprise services;
Improving services and linkages between the local workforce investment system and
employers, including small employers, in the local area;
Strengthening linkages between the American Job Center network and the unemployment
insurance programs;
Improving coordination between employment and training activities and programs carried
out in the local area for individual with disabilities, including programs carried out by
State agencies relating to intellectual disabilities and developmental disabilities, activities
carried out by Statewide Independent Living Councils established under sec. 705 of the
Rehabilitation Act of 1973, programs funded under part B of chapter 1 of title VII of the
Act, and activities carried out by centers for independent living; and
Other Federal agency supported workforce development initiatives, under the
Departments of Transportation, Energy, Veterans Affairs, Housing and Urban
Development, Interior, Health and Human Services, and Defense programs.
Other Activities
Implementing a pay-for-performance contract strategy for training services utilizing up to
10 percent of the combined total of Adult and Dislocated Worker funds;
Technical assistance for American Job Center partners, and eligible training providers on
the provision of services to individuals with disabilities in local areas, including staff
training and development, provision of outreach and intake assessments, service delivery,
service coordination across providers and programs, and development of performance
accountability measures;
Activities to adjust the economic self-sufficiency standards referred to in WIOA sec.
134(a)(3)(A)(xii) for local factors or activities to adopt, calculate or commission for
approval, economic self-sufficiency standards for the local areas that specify the income
needs of families, by family size, the number and ages of children in the family, and sub-
State geographical considerations; and
Implementing promising services to workers and businesses, which may include support
for education, training, skill upgrading, and statewide networking for employees to
become workplace learning advisors and maintain proficiency in carrying out the
activities associated with such advising.
18. Rapid Response. Rapid Response activities are described at 20 CFR 682 Subpart C of the
WIOA regulations (covering 20 CFR 682.300 through 682.370). Rapid Response
encompasses the strategies and activities necessary to plan for and respond as quickly as
possible following an announcement or notification of a permanent closure or mass layoff, a
mass job dislocation resulting from a natural or other disaster, or the filing of a Trade
Adjustment Assistance (TAA) petition. Rapid Response delivers services to enable
dislocated workers to transition to new employment as quickly as possible.
Purpose
The purpose of Rapid Response is to promote economic recovery and vitality by developing
ongoing, comprehensive approaches to identifying, planning for, or responding to layoffs and
dislocations, and preventing or minimizing their impacts on workers, businesses, and
communities. A successful Rapid Response system must include:
Informational and direct reemployment services for workers, including but not limited to:
information and support for filing unemployment insurance claims; information about the
Trade Adjustment Assistance (TAA) program; information on the impacts of layoff on
health coverage or other benefits; information on and referral to career services;
reemployment-focused workshops and services; and training;
Delivery of solutions to address the needs of businesses in transition, provided across the
business lifecycle (expansion and contraction), including comprehensive business
engagement and layoff aversion strategies and activities designed to prevent or minimize
the duration of unemployment;
Convening, brokering, and facilitating the connections, networks and partners to ensure
the ability to provide assistance to dislocated workers and their families such as home
heating assistance, legal aid, and financial advice; and
Strategic planning, data gathering and analysis designed to anticipate, prepare for, and
manage economic change.
Responsibility for Carrying out, Overseeing, and Managing Rapid Response Activities
Under the WIOA Final Rule at 20 CFR 682.310, Rapid Response activities must be carried
out by the State or an entity designated by the State, in conjunction with the Local WDBs,
Chief Elected Officials (CEOs), and other stakeholders consistent with WIOA secs. 133(a)(2)
and 134(a)(2)(A). The regulations also require states to establish and maintain a Rapid
Response unit, even if the State chooses to designate an entity to carry out some or all of the
Rapid Response program activities in the State. This State-level unit is responsible for
developing policies and practices for Rapid Response, carrying out statewide Rapid Response
activities, and, if a state entity was designated to carry out Rapid Response activities, the
state-level unit must oversee Rapid Response activities undertaken by a designated State
entity.
When is Rapid Response Required?
Rapid Response must be provided when one or more of the following circumstances occur:
a) Announcement or notification of a permanent closure of a facility, store, enterprise, or
plant, regardless of the number of workers affected;
b) Announcement or notification of a mass layoff (see below for more detail);
c) A mass job dislocation (see below for how mass dislocation is defined) resulting from
a disaster as defined by state or local emergency management policies. The
Department encourages States to consider appropriate roles and responsibilities for
Rapid Response activities following a natural or other disaster event and establish
these roles and responsibilities as part of any emergency management plans that are
developed; or,
d) The filing of a TAA petition, in accordance with sec. 221(a)(2)(A) of the Trade Act,
which requires that the Governor ensure that Rapid Response services are delivered to
all workers who are covered by the petition for TAA.
Although we describe above the circumstances that require delivery of Rapid Response, we
do not intend to suggest or imply that these are the only instances for which States and local
workforce areas may provide Rapid Response. Instead, the Department strongly encourages
States or their designated entities to deliver Rapid Response services to as many workers and
companies as possible and to adopt policies that maximize the opportunities for Rapid
Response services to be provided in a manner that best supports the businesses and workers
in their communities. One good way to achieve this goal is through the State’s definition of
“mass layoff” for purposes of Rapid Response.
Defining “Mass Layoff” for Purposes of Rapid Response
One specific instance where Rapid Response services must be provided is upon notification
of a mass layoff. As described in the regulations, for the purposes of Rapid Response, a mass
layoff will have occurred when at least one of the following conditions have been met:
A mass layoff, as defined by the State; however, under no circumstances may a State’s
definition of mass layoff exceed a minimum threshold of 50 affected workers. For
example, in its definition, the State cannot set the minimum threshold of laid off workers
at 75, but it can be set to as few as 1. The definition may be based upon factors such as
the size of the company that is impacted, the percentage of workers impacted by a layoff,
the income level of the employees, and other relevant factors;
Where a State has not defined a minimum threshold for mass layoff, any layoff affecting
50 or more workers will be considered a mass layoff by default; or
When a company files a Worker Adjustment and Retraining Notification (WARN) Act
notice, regardless of the number of workers affected by the layoff announced.
As mentioned above, the Department strongly encourages states to consider developing mass
layoff policies and definitions that maximize the number of companies and workers who may
benefit from Rapid Response services.
Required Rapid Response Activities
Rapid Response practitioners will notice that the regulations for Rapid Response under
WIOA have significantly increased the amount and types of required activities from under
WIA. These required elements include activities that were previously discussed in guidance
and through technical assistance as well as elements that were previously allowable under
WIA but which are now required. In particular, the regulations now specifically identify
layoff aversion activities and the provision of additional assistance to local areas
experiencing increased dislocation events as required Rapid Response activities. Our
experience under WIA showed that such activities are critical for a successful Rapid
Response program. To meet the needs of affected workers and businesses, a Rapid Response
program must be proactive, data-driven, engaged with businesses, and focused on preventing
layoffs or minimizing their negative impacts. Therefore, we substantially increased the level
of required activities under Rapid Response to drive those outcomes.
A. Layoff Aversion
The most significant change related to Rapid Response from the WIA regulation to the
WIOA regulation is the requirement to conduct layoff aversion activities, as appropriate.
More specifically, the regulations require that states and local areas have the capability to
conduct layoff aversion; however, it is left to the discretion of the operators of Rapid
Response programs to determine which strategies and activities are applicable in a given
situation, based upon specific needs, policies, and procedures within the state and operating
areas. In this way the regulations permit state and local rapid response operators the
flexibility to meet the requirements of WIOA based on the specific needs of the companies
and workers being served and the particular characteristics of each event, while ensuring that
valuable and important solutions are delivered whenever possible. We encourage state and
local rapid response teams to develop strategies that maximize the ability to deploy the
appropriate layoff aversion solutions for the challenges they face.
Layoff aversion strategies and activities are designed to prevent, or minimize the duration of,
unemployment resulting from layoffs. Layoff aversion is a comprehensive approach
requiring the integration of data, relationships, partnerships, and policies and procedures to
allow an assessment of the economic situation that exists within a given area. This approach
enables the development of a plan that may be applied, at any time, to intervene and manage
transition that occurs within that area. Layoff aversion strategies and activities are
customized to specific needs, quickly deployable, informed by economic data, and designed
and coordinated with partners as necessary.
ETA encourages state and local Rapid Response operators to design innovative solutions for
both businesses and workers in transition. Such solutions include, but are not limited to:
Ongoing engagement, partnership, and relationship-building activities with businesses in
the community, in order to create an environment for successful layoff aversion efforts
and to enable the provision of assistance to dislocated workers in obtaining reemployment
as soon as possible;
Providing assistance to employers in managing reductions in force, which may include
early identification of firms at risk of layoffs, assessment of the needs of and options for
at-risk firms, and the delivery of services to address these needs;
Funding feasibility studies to determine if a company’s operations may be sustained
through a buyout or other means to avoid or minimize layoffs;
Developing, funding, and managing incumbent worker training programs or other worker
upskilling approaches as part of a layoff aversion strategy or activity;
Connecting companies to state Short-Time Compensation or other programs designed to
prevent layoffs or to quickly reemploy dislocated workers, employer loan programs for
employee skill upgrading; and other Federal, state and local resources as necessary to
address other business needs;
Establishing linkages with economic development activities at the Federal, State and local
levels, including Federal Department of Commerce programs and available State and
local business retention and expansion activities;
Partnering or contracting with business-focused organizations to assess risks to
companies, propose strategies to address those risks, implement services, and measure
impacts of services delivered;
Conducting analyses of the suppliers of an affected company to assess their risks and
vulnerabilities from a potential closing or shift in production of their major customer;
Engaging in proactive measures to identify opportunities for potential economic transition
and training needs in growing industry sectors or expanding businesses; and
Connecting businesses and workers to short-term, on-the-job, or customized training
programs and apprenticeships before or after layoff to help facilitate rapid reemployment.
B. Other Required Activities
In addition to layoff aversion as described above, there are a number of other activities that
are required to be carried out by state and local Rapid Response operators. These are:
Immediate and on-site contact with the employer, affected workers or their
representatives, and the local community, which includes an assessment of, and strategy
to address: 1) the employer’s layoff plans and schedule; 2) the background, probable
assistance needs, and reemployment prospects of the affected workers; and 3) resources
available to meet the short and long-term assistance needs of the affected workers;
The provision of information and access to unemployment compensation benefits and
programs, such as Short-Time Compensation, comprehensive American Job Center
network services, and employment and training activities, including information on the
TAA program, Pell Grants, the GI Bill, and other resources;
The delivery of other necessary services and resources including workshops and classes,
use of worker transition centers, and job fairs, to support reemployment efforts for
affected workers;
Establishing partnerships with Local WDBs and CEO(s) to ensure coordinated responses
to dislocation events and, as needed, obtain access to state or local economic
development assistance. The coordinated response may include the development of an
application for a National Dislocated Worker grant as provided in 20 CFR part 687;
The provision of emergency assistance adapted to a particular layoff, disaster, or other
emergency situation;
As appropriate, developing systems and processes for identifying and gathering
information for early warning of potential layoffs or opportunities for layoff aversion;
analyzing, and acting upon, data and information on dislocations and other economic
activity in the state, region, or local area; and tracking outcome and performance data and
information related to the activities of the Rapid Response program;
To ensure the ability to provide Rapid Response services as early as possible, developing
and maintaining partnerships with other appropriate Federal, State and local agencies and
officials, employer associations, technical councils, industry business councils, labor
organizations, and other public and private organizations, as applicable. These
partnerships must conduct strategic planning activities for addressing dislocation events
and ensuring timely access to a broad range of assistance. They must also develop
mechanisms for gathering and exchanging information and data relating to potential
dislocations, available resources, and the customization of layoff aversion or Rapid
Response activities;
Delivery of services to worker groups for which a petition for TAA has been filed;
The provision of additional assistance to local areas that experience disasters, mass
layoffs, or other dislocation events that exceed the capacity of the local area to respond
with existing resources; and
The provision of guidance and financial assistance as appropriate, when establishing a
labor-management committee if voluntarily agreed to by the employee’s bargaining
representative and management. The committee may devise and oversee an
implementation strategy that responds to the reemployment needs of the workers. The
assistance to such a committee may include training and technical assistance to members
of the committee, and funding the operating costs of a committee to enable it to provide
advice and assistance in carrying out Rapid Response activities and in the design and
delivery of WIOA-authorized services to affected workers.
Other Allowable Activities
WIOA offers significant flexibility with regard to the use of Rapid Response funds. States or
designated Rapid Response providers may, in order to conduct layoff aversion activities or to
prepare for and respond to dislocation events, devise additional strategies or conduct
activities that are intended to minimize the negative impacts of dislocation on workers,
businesses, and communities and to ensure that workers impacted by layoffs are able to be
reemployed as quickly as possible.
Additionally, when circumstances allow, Rapid Response operators may provide guidance
and/or financial assistance to establish community transition teams to assist the impacted
community in organizing support for dislocated workers, and in meeting the basic needs of
their families. Such assistance can include, but is not limited to providing heat, shelter, food,
clothing and other necessities and services that are beyond the resources and ability of the
American Job Center network to provide.
Additional Assistance
WIOA allows states to reserve up to 25 percent of dislocated worker funds for Rapid
Response activities. Once the state has reserved adequate funds for Rapid Response
activities, any of the remaining funds reserved may be provided to local areas that experience
increases of unemployment due to natural disasters, layoffs or other events, for provision of
direct career services to participants if there are not adequate local funds available to assist
the dislocated workers. We encourage states to establish the policies or procedures
governing the provision of additional assistance.
Program Reporting
In certain instances, states must report certain information on recipients of Rapid Response
services. When an individual record exists for a WIOA participant also served under the
Rapid Response program, states must report information regarding the receipt of Rapid
Response services for that individual.
Rapid Response Funds at the End of the First Program Year
Funds that are reserved for Rapid Response activities and remain unobligated after the first
program year for which they were allotted may be used to carry out statewide activities under
20 CFR 682.200 and 682.210. Statewide activities for which these funds may be used
include prioritizing the planning for and delivery of activities designed to prevent job loss,
increasing the rate of reemployment, building relationships with businesses and other
stakeholders, building and maintaining early warning networks and systems, and otherwise
supporting efforts to assist long-term unemployed workers to return to work. When
managing the use of Rapid Response funds and their availability for statewide purposes after
the first program year, states must ensure 80 percent of their total Dislocated Worker funds
are obligated by the end of the first program year, or they could trigger recapture of the next
program year’s Dislocated Worker funds under the realottment provision contains in WIOA
133(c).
Although the states have additional flexibility in using rapid response funds for statewide
activities at the end of the first program year, the recapture process that takes place during the
same time has not changed. States are expected to obligate 80 percent of its Dislocated
Worker funds, including its rapid response funds, in order to avoid recapture (20 CFR
683.135).
19. Coordination with WIOA Core Programs. WIOA provides a significant opportunity for
coordination across all of the core programs including planning, reporting, and service
delivery. Below are some examples of how the WIOA title I Adult and Dislocated Worker
programs, along with the ES program, can partner with the other WIOA core programs:
Youth Formula Program (WIOA title I)
WIOA creates an opportunity for the Adult program to work closely with the Youth program
to ensure young adults receive the services they need to succeed in education and the
workforce. Individuals aged 18-24 may be eligible for both the WIOA Youth and Adult
programs and can be co-enrolled in the two programs. ETA encourages the WIOA Adult and
Dislocated Worker programs, along with the ES program, to coordinate closely with the
WIOA Youth program to maximize flexibility and service delivery to eligible populations.
Some examples where enhanced coordination could take place are as follows:
Referring 18-24 year old individuals to the title I Youth program if they need more
intensive support around specific program elements described under WIOA sec.
129(c)(2).
Utilizing WIOA Adult formula program funded ITAs as part of a career pathway strategy
for Youth program participants co-enrolled as adults or dislocated workers;
Utilizing work-based training opportunities for Youth program participants co-enrolled as
adults or dislocated workers, as identified in their Individual Service Strategy (ISS) as
part of a career pathway; and
Career pathway planning.
(Note: This is not an exhaustive list of ways to coordinate activities and service delivery, but
is meant to illustrate some of WIOA’s flexibilities and services to improve educational and
employment opportunities for participants.)
Local program operators may determine, for these individuals, the appropriate level and
balance of services under the Youth and Adult programs. Such determinations regarding the
appropriate program for the participant must be based on the service needs of the participant
and if the participant is career-ready based on an assessment of his/her occupational skills,
prior work experience, employability, and the participant’s needs. An important difference to
note here is that while receiving an assessment from the Adult, Dislocated Worker, or ES
programs does trigger participation and inclusion in the performance accountability
calculations for those programs, an objective assessment carried out under WIOA sec.
129(c)(1)(A) does not trigger participation in the Youth program. Local program operators
must identify and track the funding streams which pay the costs of services provided to
individuals who are participating in Youth and Adult programs concurrently, and ensure no
duplication of services.
Adult Education and Family Literacy Act (WIOA title II)
Title II of WIOA authorizes the Adult Education and Family Literacy Act (AEFLA).
AEFLA, administered by the US Department of Education, is designed to create a partnership
among the Federal government, States, and localities to provide, on a voluntary basis, adult
education and literacy activities. These activities are designed to:
Assist adults to become literate and obtain the knowledge and skills necessary for
employment and economic self-sufficiency;
Assist adults who are parents or family members to obtain the education and skills that
are necessary to becoming full partners in the educational development of their children
and lead to sustainable improvements in the economic opportunities for their family;
Assist adults in attaining a secondary school diploma and in the transition to
postsecondary education and training, including through career pathways;
Assist immigrants and other individuals who are English language learners in:
o Improving their reading, writing, speaking, and comprehension skills in English,
as well as mathematical skills; and,
o Acquiring an understanding of the American system of government, individual
freedom, and the responsibilities of citizenship.
WIOA provides new opportunities for the title I Adult and Dislocated Worker programs, as
well as the ES, to partner with title II providers.
WIOA sec. 134(c)(2) authorizes career services to be provided with title I adult and
dislocated worker funds. Some of these services are activities that are also allowable under
AEFLA, including workforce preparation activities, English language acquisition programs,
and integrated education and training programs. In order to ensure consistency across the
services for the benefit of participants and service providers, ETA is aligning the definitions
for these services with those used by the AEFLA program; see Attachment III for their
definition.
This allows title I and title II programs to coordinate in the development of career pathways
and to co-enroll participants so they receive the full spectrum of services for their education
and employment needs. For example, an individual could receive adult education services
while at the same time receiving services from the OJT program funded by title I. If
individuals are unable to receive services from the AEFLA program, but are determined to be
in need of those services by the career planner and eligible for the services, then title I may
provide those services the program is authorized to provide, as long as they are provided
concurrently or in combination with training services.
Vocational Rehabilitation (WIOA title IV)
Title IV of WIOA makes a number of significant changes to the Rehabilitation Act of 1973
(Rehab Act) in order to improve and align core programs towards the goal of empowering
individuals with disabilities to maximize employment, economic self-sufficiency,
independence, and inclusion in and integration into society. To achieve these goals, title IV
amends regulations governing the State Vocational Rehabilitation Services program (VR)
and State Supported Employment Services Program (Supported Employment Program) and
implements limitations on the payment of subminimum wages to individuals with
disabilities. WIOA provides new opportunities for coordination and referrals for the title I
Adult and Dislocated Worker programs, as well as the Employment Service, to partner and
enhance service delivery to individuals with disabilities, including those served under title IV
of WIOA. Individuals with disabilities are identified as individuals with barriers to
employment under WIOA, and should receive any and all American Job Center services that
would normally be provided to any other job seeker.
WIOA makes the following key changes to title IV programs:
Strengthen the alignment of the VR program with other core components of the
workforce development system by aligning requirements governing unified state
planning, performance accountability measures, and integration into the American Job
Center network ;
Place heightened emphasis on coordination and collaboration at the Federal, State, and
local levels to ensure a streamlined and coordinated service delivery system for job-
seekers, including those with disabilities, and employers;
Include a new definition of “competitive integrated employment” that combines, clarifies,
and enhances the two separate definitions of “competitive employment” and “integrated
setting” for the purpose of employment under the VR program;
Revise the definition of “employment outcome” in §361.5(c)(15) and now specifically
identifies customized employment as an employment outcome under the VR program,
and requires that all employment outcomes achieved through the VR program be in
competitive integrated employment or supported employment;
Amend the Supported Employment Program in order to maximize the potential of
individuals with disabilities, especially those with the most significant disabilities, to
achieve competitive integrated employment and to expand services for youth with the
most significant disabilities;
Requires that Supported Employment must be in competitive integrated employment or,
if not, in an integrated setting in which the individual is working towards competitive
integrated employment on a short-time basis;
Extends time for which supported employment services may be provided is extended
from 18 months to 24 months;
Requires States to reserve and expend 50 percent of their allotments under the Supported
Employment Program to provide supported employment services, including extended
services, to youth with the most significant disabilities; and
Limit on the Use of Subminimum Wage.
Adds new section 511, Limitations on the Use of Subminimum Wage, which imposes
requirements on employers who hold special wage certificates under the Fair Labor
Standards Act (FLSA) that must be satisfied before employers may hire youth with
disabilities at subminimum wages or continue to employ individuals with disabilities of
an age at the subminimum wage level.
VR Counselors, who are employed by the state VR agency, are responsible for determining
whether an individual is eligible to receive VR services. In order to be eligible, an individual
with a disability must meet the following criteria:
Have a physical or mental impairment that poses functional limitations resulting in a
substantial impediment to employment;
Require VR services to obtain or maintain employment; and
Must be able to benefit from VR services to obtain or maintain employment
While an individual may be determined eligible to receive VR services, the state VR agency
may not be able to provide services due to insufficient staff and/or fiscal resources. In this
instance, the state VR agency must implement an order of selection (OOS) that establishes
the priority categories by which individuals can be served based on their functional
limitations. As of 2016, approximately 50 percent of the VR agencies have implemented an
OOS. For those individuals not in a priority category being served in the OOS, the state VR
agency must refer the individual to another program that may be able to meet their needs.
Therefore, effective partnering with the Adult, Dislocated Worker, and ES programs is
essential in order to ensure individuals with disabilities seeking employment and training
services receive the services they need for employment.
In order to align the core programs and create additional flexibility for the purposes of
achieving the goals under title IV, funds allocated to a local area for adult and dislocated
worker activities may be used to improve coordination between employment and training
programs carried out in the local area for individuals with disabilities through the American
Job Center network . ETA encourages local areas to utilize this flexibility to ensure a highly
coordinated service delivery in coordination with title IV activities to ensure that individuals
with disabilities receive the services they need for their career needs, whether the services are
provided by title I, III, or IV or some combination thereof, including other community
resources. Additionally, ETA encourages local areas to coordinate with programs carried out
by State agencies relating to intellectual and developmental disabilities, as well as local
agencies and organizations serving individuals with significant disabilities, including the
local network of centers for independent living in each State.
Client Assistance Program
The purpose of this program is to advise and inform clients, client applicants, and other
individuals with disabilities of all the available services and benefits under the Rehabilitation
Act of 1973, as amended by WIOA, and of the services and benefits available to them under
title I of the Americans with Disabilities Act (ADA). In addition, CAP grantees may assist
and advocate for clients and client applicants in relation to projects, programs, and services
provided under the Rehabilitation Act. In providing assistance and advocacy under title I of
the Rehabilitation Act, a CAP agency may provide assistance and advocacy with respect to
services that are directly related to employment for the client or client applicant.
20. Coordination with Trade Adjustment Assistance (TAA). The Dislocated Worker program
is a critical partner with TAA in identifying and serving trade-impacted workers. Co-
enrollment, of workers covered under certified petitions (TAA-certified workers) in
partnership with the WIOA Dislocated Worker or Adult program, allows for the timely
provision of individualized career services and improves the overall effectiveness of the TAA
Program. Additionally, sec. 221(a)(2)(A) of the Trade Act requires that the Governor ensure
that Rapid Response and appropriate career services are delivered to all workers who are
covered by a certified TAA petition. In addition to the Rapid Response services, American
Job Centers can also provide supportive services relating to child care, transportation,
dependent care, housing assistance, and needs-related payments, and may also provide career
services described in Section 4 of this TEGL. TAA generally provides case management and
employment services, training, income support, job search allowances, relocation allowances,
wage supplements for older workers, and a health coverage tax credit for TAA-certified
workers. Strict deadlines must be met if individuals are to take full advantage of the TAA
benefits available to TAA-certified workers. Barriers to service delivery to this population
should be eliminated in order to maximize all the resources available in the one-stop delivery
system.
Of equal importance is serving workers who need assistance in filing a petition, or workers
for which a petition for TAA eligibility is pending (under investigation), so that the duration
of unemployment is minimized. Since most workers who appear to be threatened with layoff
or to be separated from employment due to increased imports or a shift in production of
articles by their employer or employer’s customers are likely to meet dislocated worker
eligibility criteria, these individuals should enter the American Job Center network
immediately following the announcement of a layoff. They must be assisted in filing a
petition with the Department (and the Governor) requesting certification as workers adversely
affected by foreign trade. Immediately beginning the process of needs and skills assessment
improves TAA participation rates and allows individuals more time to consider all of the
options available to them, even before these workers may become eligible for TAA. Section
221(a)(2)(A) of the Trade Act of 1974, as amended, requires the provision of “appropriate
career services” to workers covered by a Petition for Trade Adjustment Assistance. These
services, in addition to Rapid Response, must be provided when the petition is filed,
regardless of whether the petition is certified. Note that adversely affected workers, certified
under a Petition for Trade Adjustment Assistance under the Trade Act of 1974, as amended,
are, by definition, Dislocated Workers under WIOA.
WIOA and TAA Program funds must be managed in a coordinated manner to best meet the
needs of the workers while abiding by all applicable statutes, regulations and federal policies.
The Trade Act, as amended, contains provisions allowing the costs of a training program
approved under the Act to be paid by TAA funds or from other sources, but does not allow
duplication of payment of training costs. Those authorities and restrictions are detailed in 20
CFR 617.25(b). Under certain circumstances, the costs of training may be shared, but such an
arrangement must not authorize reimbursement from TAA funds of any training costs that
were incurred before a participant was certified and determined individually eligible for TAA
and that training was TAA-approved. Additionally, the TAA Governor-Secretary Agreement,
Section E, requires that the TAA Program will be the primary source of assistance to
adversely affected workers covered by a certification and that to the extent adversely affected
workers covered by a certification enrolled in the TAA Program require assistance or services
not authorized under the TAA Program, or for which TAA Program funds are unavailable or
insufficient (including for required employment and case management services), such
assistance will be made available through the American Job Center network.
TAA-certified workers may receive WIOA-funded training otherwise provided under TAA
under limited circumstances. The most common circumstance is when a TAA petition has
been filed by or on behalf of a group of workers but a determination of group eligibility has
not been made. In this case WIOA funding should be used for training in the short-term,
until an affirmative decision is rendered after a completed TAA investigation and the state
agency operating the TAA Program as an agent of the United States determines the worker’s
individual eligibility and approves the training. In the event a negative decision is rendered
and the petition is denied, the worker can continue as a WIOA participant. Systems must be
in place to seamlessly accommodate a change in the funding of training, as appropriate, after
TAA program approval is obtained. Training may be modified by the TAA Program to allow
a worker additional training under the TAA Program in order to meet retraining needs as
indicated in individual reemployment plans. Such a participant may remain enrolled in
WIOA and the TAA Program as the individual may need continued career and supportive
services through WIOA. To effectuate this seamless service, the states should ensure that the
six criteria for the approval of training under Trade, found at 20 CFR 617.22 are used for
determining the appropriateness of training. Also note, under co-enrollment, training is a
benefit available to TAA-certified adversely affected incumbent workers. See Section D.2. of
TEGL No. 5-15, Change 1 for additional information regarding the training benefit for
adversely affected incumbent workers.
WIOA allows up to 75 percent reimbursement to employers for OJT (see Section 14 of this
TEGL), while the TAA Program allows reimbursement up to 50 percent of the wage rate, the
cost of providing the training, and additional supervision related to the training. For OJT
approved training for a co-enrolled TAA participant, the TAA Program may reimburse
employers up to 50 percent, and WIOA may reimburse employers up to an additional 25
percent, to bring the total reimbursement to employers up to 75 percent to align TAA
program benefits with WIOA flexibilities provided that the State and Local policies provide
for a 75 percent reimbursement rate.
21. Inquiries. Questions regarding this guidance should be directed to the appropriate ETA
regional office.
22. Attachments.
Attachment I: References
Attachment II: Participation Level Services Chart for Adult, Dislocated Worker, and
Wagner-Peyser Act Employment Service
Attachment III: Key Terms and Definitions
Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2017/TEGL_19-16_Attachment_I.pdf)
Attachment I: References
WIOA Operating Guidance TEGL References
The Workforce Innovation and Opportunity Act (WIOA) of 2014 (Public Law (Pub. L.
113-128)) Title I and III, enacted July 22, 2014;
WIOA Regulations at 20 CFR parts 651, 652, 680, and 682;
Title 38 United States Code (38 U.S.C. 4213);
TEGL No. 16-16, “One-Stop Operations Guidance for the American Job Center Network,”
dated January 18, 2017;
TEGL No. 10-16, “Performance Accountability Guidance for Workforce Innovation and
Opportunity Act (WIOA) Title I, Title II, Title III and Title IV Core Programs ,” dated
December 19, 2016;
TEGL No. 08-16, “Supporting Unemployment Insurance Beneficiaries Seeking
Postsecondary Education or Training, ” dated September 23, 2016;
TEGL No. 41-14, Change 1, “Workforce Innovation and Opportunity Act (WIOA or
Opportunity Act) Title I Training Provider Eligibility Transition,” dated November 24, 2015;
TEGL No. 41-14, “Workforce Innovation and Opportunity Act (WIOA or Opportunity Act)
Title I Training Provider Eligibility Transition,” dated June 26, 2015;
TEGL No. 19-14, “Vision for the Workforce System and Initial Implementation of the
Workforce Innovation and Opportunity Act,” dated February 19, 2015;
TEGL No. 15-12, “Delivery of Benefits and Services to Trade Adjustment Assistance (TAA)
Program Recipients through the American Job Center Network Delivery System,” dated
March 7, 2013;
TEGL No. 10-09, “Implementing Priority of Service for Veterans and Eligible Spouses in all
Qualified Job Training Programs Funded in whole or in part by the U.S. Department of
Labor (DOL),” dated November 10, 2009;
TEN No. 18-16, “Pathways to Reemployment Tools and Resources,” dated November 21,
2016;
Unemployment Insurance Program Letter (UIPL) 12-01, Change 1, “Outsourcing of
Unemployment Compensation Administrative Functions – Claims Taking,” dated November
26, 2007;
UIPL 12-01, “Outsourcing of Unemployment Compensation Administrative Functions,”
dated December 28, 2000;
Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2017/TEGL_19-16_Attachment_II.pdf)
Attachment II
Participation Level Services Chart
WIOA Title I Adult, Title I Dislocated Worker, and
Title III Employment Service Programs1
Attachment II
Adult/DW/ES Does this service Category of Service (i.e.
Applicable PIRL Data
Service Type trigger inclusion in Basic, Individualized,
Element Number(s)
(WIOA Sec. 134 (c)) participation? Training)
Eligibility Determination No Basic Career Service N/A
Outreach, Intake, Orientation No Basic Career Service N/A
Initial assessment of skill
levels & supportive service Yes Basic Career Service 1003, 1004, 1102
needs
Job search assistance
No Basic Career Service N/A
(Self-directed)
Job search assistance
Yes Basic Career Service 1003, 1004, 1104
(Staff-assisted)
Placement assistance
1003, 1004, 1105,
(includes “Referred to
Yes Basic Career Service 1106, 1107, 1108,
Employment”)
1109, 1110, 1111
(Staff-assisted)
Career Counseling (includes
“Staff-assisted career Yes Basic Career Service 1003, 1004, 1102
guidance”)
Providing info on in-demand
sectors, occupations, or No Basic Career Service 1100, 1101
nontraditional employment
Provision of referrals and
associated coordination of 1100, 1101,
No Basic Career Service
activities with other programs 1113, 1115
and services
Provision of workforce and
labor market employment No Basic Career Service 1100, 1101, 1103
statistics information
1
Note this this chart does not include all available services that may be provided, but rather those services
specifically authorized under WIOA sec. 134(c)(2). Additionally, these services do not indicate whether or not an
individual is a participant, but rather which services trigger an individual to become a participant.
Attachment II
Adult/DW/ES Does this service Category of Service (i.e.
Applicable PIRL Data
Service Type trigger inclusion in Basic, Individualized,
Element Number(s)
(WIOA Sec. 134 (c)) participation? Training)
Provision of info on job
No Basic Career Service 1100, 1101, 1103
vacancies
Provision of info on job skills
No Basic Career Service 1100, 1101, 1103
necessary to fill vacancies
Provision of info on local
demand occupations, with
earnings, skill requirements, No Basic Career Service 1100, 1101, 1103
and opportunities for
advancement for those jobs
Provision of performance and
program cost info for
No Basic Career Service 1100, 1101
providers of education and
training
Provision of info on local
No Basic Career Service 1100, 1101
performance
Provision of info on
availability of supportive No Basic Career Service 1100, 1101
services or assistance
Referral to supportive services No Basic Career Service 1113
Provision of information and
meaningful assistance filing Yes Basic Career Service 1003,1004, 1112
for UI
Assistance establishing
Yes Basic Career Service 1003,1004, 1116
eligibility for financial aid
Comprehensive and Individualized Career
Yes 1004, 1200, 1201
specialized assessments Service
Individualized Career 1004, 1200,
Development of IEP Yes
Service 1201, 1202
Individualized Career
Group Counseling Yes 1004, 1200, 1201
Service
Individualized Career
Individual Counseling Yes 1004, 1200, 1201
Service
Individualized Career
Career Planning Yes 1004, 1200, 1201
Service
Attachment II
Adult/DW/ES Does this service Category of Service (i.e.
Applicable PIRL Data
Service Type trigger inclusion in Basic, Individualized,
Element Number(s)
(WIOA Sec. 134 (c)) participation? Training)
Short-term prevocational Individualized Career 1004, 1200,
Yes
services Service 1201, 1210
Internships and work
Individualized Career 1004, 1200, 1201,
experiences (including Yes
Service 1203, 1205, 1211
transitional jobs)
Workforce preparation Individualized Career
Yes 1004, 1200, 1201
activities Service
Individualized Career 1004, 1200,
Financial literacy services Yes
Service 1201, 1206
Out-of-area job search
Individualized Career
assistance and relocation Yes 1004, 1200, 1201
Service
assistance
English-language acquisition
Individualized Career 1004, 1200,
and integrated education and Yes
Service 1201, 1207
training programs
n/a (must be a
Follow up services participant first to Follow up Service 1503
receive)
1300, 1301, 1302,
1303, 1304, 1305,
Training services under Sec.
1306, 1307, 1308,
134(c)(3)(D) with exception of
Yes Training 1309, 1310, 1311,
Sec. 134(c)(3)(D)(iii)
1312, 1313, 1314,
(incumbent worker training)
1315, 1316, 1317,
1318, 1319
Incumbent Worker Training No2 Training 907
*Note: Receipt of any of the three types of services (Basic, Individualized, or Training) makes an individual a
“Reportable Individual” while it only takes the receipt of one service that triggers participation to be considered a
participant.
2
While Incumbent Worker Training is not a self-service or information-only service, individuals are not required to
meet eligibility requirements for the Adult or Dislocated Worker programs to receive Incumbent Worker Training.
Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2017/TEGL_19-16_Attachment_III.pdf)
Attachment III – Key Terms and Definitions
This attachment is designed to be a key resource when implementing this TEGL for some of the
key terms and definitions utilized by WIOA and the Final Rules. This is not intended to be an
exhaustive list of all program definitions, see WIOA sec. 3 and 20 CFR 675.300 for a full list of
definitions.
ACTIVE DUTY (38 USC 101(21))- means full-time duty in the active military service of the
United States. Such term includes full-time training duty, annual training duty, and attendance,
while in the active military service, at a school designated as a service school by law or by the
Secretary of the military department concerned. Such term does not include full-time National
Guard duty.
ADULT (WIOA sec. 3(2)) – means an individual who is age 18 or older.
ADULT EDUCATION AND LITERACY ACTIVITIES (§ 463.30) – means programs,
activities, and services that include:
(A) Adult education,
(B) Literacy,
(C) Workplace adult education and literacy activities,
(D) Family literacy activities,
(E) English language acquisition activities,
(F) Integrated English literacy and civics education,
(G) Workforce preparation activities, or
(H) Integrated education and training
BASIC SKILLS DEFICIENT (WIOA sec. 3(5)) – means, with respect to an individual—
(A) who is a youth, that the individual has English reading, writing, or computing skills at
or below the 8th grade level on a generally accepted standardized test; or
(B) who is a youth or adult, that the individual is unable to compute or solve problems, or
read, write, or speak English, at a level necessary to function on the job, in the
individual’s family, or in society.
CAREER PATHWAY (WIOA sec. 3(7)) – means a combination of rigorous and high-quality
education, training, and other services that—
(A) aligns with the skill needs of industries in the economy of the State or regional
economy involved;
(B) prepares an individual to be successful in any of a full range of secondary or
postsecondary education options, including apprenticeships registered under the Act
of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this Act as an
‘‘apprenticeship’’, except in section 171);
(C) includes counseling to support an individual in achieving the individual’s education
and career goals;
(D) includes, as appropriate, education offered concurrently with and in the same context
as workforce preparation activities and training for a specific occupation or
occupational cluster;
(E) organizes education, training, and other services to meet the particular needs of an
individual in a manner that accelerates the educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a secondary school diploma or its recognized
equivalent, and at least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a specific occupation or occupational
cluster.
CAREER PLANNING (WIOA sec. 3(8)) – means the provision of a client-centered approach
in the delivery of services, designed-
(A) To prepare and coordinate comprehensive employment plans, such as service
strategies, for participants to ensure access to necessary workforce investment
activities and supportive services, using, where feasible, computer-based
technologies; and
(B) To provide job, education, and career counseling, as appropriate during program
participation and after job placement.
DEPLOYMENT (10 USC 991(b)) – means
(A) A member of the Armed Forces is considered to be deployed or in a deployment on
any day on which, pursuant to orders, the member is performing service in a training
exercise or operation at a location or under circumstances that make it impossible or
infeasible for the member to spend off-duty time in the housing in which the member
resides when on garrison duty at the member's permanent duty station or homeport, as
the case may be.
(B) In the case of a member of a reserve component who is performing active service
pursuant to orders that do not establish a permanent change of station, the housing
referred to in paragraph (1) is any housing (which may include the member's
residence) that the member usually occupies for use during off-duty time when on
garrison duty at the member's permanent duty station or homeport, as the case may
be.
(C) A member is not deployed or in a deployment when the member is—
(i) Performing service as a student or trainee at a school (including any
Government school);
(ii) Performing administrative, guard, or detail duties in garrison at the member's
permanent duty station; or
(iii) Unavailable solely because of--
(1) a hospitalization of the member at the member's permanent duty
station or homeport or in the immediate vicinity of the member's
permanent residence; or
(2) a disciplinary action taken against the member.
DISLOCATED WORKER (WIOA sec. 3(15)) – means an individual who—
(A) (i) has been terminated or laid off, or who has received a notice of termination or
layoff, from employment, including separation notice from active military service
(under other than dishonorable conditions);
(ii) (I) is eligible for or has exhausted entitlement to unemployment compensation; or
(II) has been employed for a duration sufficient to demonstrate, to the appropriate
entity at a one-stop center referred to in section 121(e), attachment to the workforce,
but is not eligible for unemployment compensation due to insufficient earnings or
having performed services for an employer that were not covered under a State
unemployment compensation law; and
(iii) is unlikely to return to a previous industry or occupation;
(B) (i) has been terminated or laid off, or has received a notice of termination or layoff,
from employment as a result of any permanent closure of, or any substantial layoff at,
a plant, facility, military installation or enterprise;
(ii) is employed at a facility at which the employer has made a general announcement
that such facility will close within 180 days; or
(iii) for purposes of eligibility to receive services other than training services
described in section 134(c)(3), career services described in section 134(c)(2)(A)(xii),
or supportive services, is employed at a facility at which the employer has made a
general announcement that such facility or military installation will close;
(C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but
is unemployed as a result of general economic conditions in the community in which
the individual resides or because of natural disasters;
(D) is a displaced homemaker; or
(E) (i) is the spouse of a member of the Armed Forces on active duty (as defined in
section 101(d)(1) of title 10, United States Code), and who has experienced a loss of
employment as a direct result of relocation to accommodate a permanent change in
duty station of such member; or
(ii) is the spouse of a member of the Armed Forces on active duty and who meets the
criteria described in paragraph (16)(B).
DISPLACED HOMEMAKER (WIOA sec. 3(16)) – means an individual who has been
providing unpaid services to family members in the home and who –
(A) (i) has been depending on the income of another family member but is no longer
supported by that income; or
(ii) is the dependent spouse of a member of the Armed Forced on active duty (as
defined in section 101(d)(1) of title 10, United States Code) and whose family income
is significantly reduced because of a deployment (as defined in section 991(b) of title
10, United States Code, or pursuant to paragraph (4) of such section), a call or order
to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of
title 10, United States Code, a permanent change of station or the service-connected
(as defined in section 101(16) of title 38, United States Code) death or disability of
the member; and
(B) Is unemployed or underemployed and is experiencing difficulty in obtaining or
upgrading employment
ELIGIBLE SPOUSE – means an individual whose military active duty or veteran spouse
was—
a. Any veteran who died of a service-connected disability;
b. Any member of the Armed Forces serving on active duty who, at the time of
application for the priority, is listed in one or more of the following categories and has
been so listed for a total of more than 90 days:
i. Missing in action;
ii. Captured in the line of duty by a hostile force; or
iii. Forcibly detained or interned in the line of duty by a foreign government or
power;
c. Any veteran who has a total disability resulting from a service-connected disability, as
evaluated by the Department of Veterans Affairs; or
d. Any veteran who died while a disability was in existence. A spouse whose eligibility is
derived from a living veteran or service member (i.e., categories b. or c. above) would
lose his or her eligibility if the veteran or service member were to lose the status that is
the basis for the eligibility (e.g. if a veteran with a total service-connected disability were
to receive a revised disability rating at a lower level). Similarly, for a spouse whose
eligibility is derived from a living veteran or service member, that eligibility would be
lost upon divorce from the veteran or service member.
ENGLISH LANGUAGE ACQUISITION PROGRAM (34 CFR 463.31) – is a program of
instruction—
(A) That is designed to help eligible individuals who are English language learners
achieve competence in reading, writing, speaking, and comprehension of the English
language; and;
(B) That leads to—
(1)(a) Attainment of a secondary school diploma or its recognized equivalent; and
(b) Transition to postsecondary education and training; or
(2) Employment
EXIT (see 20 CFR 677.150 for full definition) – as defined for the purpose of performance
calculations for the WIOA Adult, Dislocated Worker, and Employment Service programs, exit is
the point after which a participant who has received services through any program meets the
following criteria:
(1) For the adult, dislocated worker, and youth programs authorized under WIOA title I, the
AEFLA program authorized under WIOA title II, and the Employment Service program
authorized under the Wagner-Peyser Act, as amended by WIOA title III, exit date is the
last date of service.
a. The last day of service cannot be determined until at least 90 days have elapsed
since the participant last received services; services do not include self-service,
information-only services or activities, or follow-up services. This also requires
that there are no plans to provide the participant with future services.
FAMILY (20 CFR 675.300) - 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 married couple and dependent children;
(B) A parent or guardian and dependent children; or
(C) A married couple.
HOMELESS INDIVIDUAL OR HOMELESS CHILDREN AND YOUTHS (WIOA sec.
3(24)(G)) – is an individual who meets any of the following criteria:
(A) Lacks a fixed regular, and adequate nighttime residence; this includes a participant who:
a. Is sharing the housing of other persons due to loss of housing, economic hardship,
or a similar reason;
b. Is living in a motel, hotel, trailer park, or campground due to a lack of alternative
adequate accommodations;
c. Is living in an emergency or transitional shelter;
d. Is abandoned in a hospital; or
e. Is awaiting foster care placement;
(B) Has a primary nighttime residence that is a public or private place not designed for or
ordinarily used as a regular sleeping accommodation for human beings, such as a car,
park, abandoned building, bus or train station, airport, or camping ground;
(C) Is a migratory child who in the preceding 36 months was required to move from one
school district to another due to changes in the parent’s or parent’s spouse’s seasonal
employment in agriculture, dairy, or fishing work; or
(D) Is under 18 years of age and absents himself or herself from home or place of legal
residence without the permission of his or her family (i.e. runaway youth)
(Note- A participant imprisoned or detained under an Act of Congress or State law does not
meet the definition. Additionally, a participant who may be sleeping in a temporary
accommodation while away from home should not, as a result of that alone, be recorded as
homeless.)
INDIVIDUAL EMPLOYMENT PLAN (20 CFR 680.170) – is an individualized career
service, under WIOA sec. 134(c)(2)(a)(xii)(II), that is developed jointly by the participant and
career planner when determined appropriate by the one-stop operator or one-stop partner. This
plan is an ongoing strategy to identify employment goals, achievement objectives, and an
appropriate combination of services for the participant to achieve the employment goals.
INDUSTRY OR SECTOR PARTNERSHIP (WIOA sec. 3(26)) – ’ means a workforce
collaborative, convened by or acting in partnership with a State board or local board, that—
(A) organizes key stakeholders in an industry cluster into a working group that focuses on
the shared goals and human resources needs of the industry cluster and that includes, at the
appropriate stage of development of the partnership—
(i) representatives of multiple businesses or other employers in the industry
cluster, including small and medium-sized employers when practicable;
(ii) 1 or more representatives of a recognized State labor organization or central
labor council, or another labor representative, as appropriate; and
(iii) 1 or more representatives of an institution of higher education with, or
another provider of, education or training programs that support the industry
cluster; and
(B) may include representatives of—
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity providing employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based organizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to be necessary by the members
comprising the industry or sector partnership.
INTEGRATED EDUCATION AND TRAINING (34 CFR 463.35) – refers to a service
approach that provides adult education and literacy activities concurrently and contextually with
workforce preparation activities and workforce training for a specific occupation or occupational
cluster for the purpose of educational and career advancement.
LOW-INCOME INDIVIDUAL (WIOA sec. 3(36))– means an individual who—
(A) IN GENERAL—
(i) receives, or in the past 6 months has received, or is a member of a family that is
receiving or in the past 6 months has received, assistance through the supplemental
nutrition assistance program established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the program of block grants to States for temporary assistance for
needy families program under part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.), or the supplemental security income program established under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), or State or local income-based public
assistance;
(ii) is in a family with total family income that does not exceed the higher of—
(I) the poverty line; or
(II) 70 percent of the lower living standard income level;
(iii) is a homeless individual (as defined in section 41403(6) of the Violence Against
Women Act of 1994 (42 U.S.C. 14043e–2(6))), or a homeless child or youth (as defined
under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2)));
(iv) receives or is eligible to receive a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or local government payments are made; or
(vi) is an individual with a disability whose own income meets the income requirement of
clause (ii), but who is a member of a family whose income does not meet this
requirement.
LONG TERM UNEMPLOYED INDIVIDUAL (see Bureau of Labor Statistics definition) – is
a person who has been unemployed for 27 or more consecutive weeks.
NONTRADITIONAL EMPLOYMENT (WIOA sec. 3(37)) – refers to occupations or fields of
work, for which individuals from the gender involved comprise less than 25 percent of the
individuals employed in each such occupation or field of work.
PARTICIPANT (20 CFR 677.150) – is a reportable individual who has received services other
than the services described in paragraph (a)(3) of this section, after satisfying all applicable
programmatic requirements for the provision of services, such as eligibility determination.
(1) For the Vocational Rehabilitation (VR) program, a participant is a reportable individual
who has an approved and signed Individualized Plan for Employment (IPE) and has
begun to receive services.
(2) For the WIOA title I youth program, a participant is a reportable individual who has
satisfied all applicable program requirements for the provision of services, including
eligibility determination, an objective assessment, and development of an individual
service strategy, and received 1 of the 14 WIOA youth program elements in sec.
129(c)(2) of WIOA.
(3) The following individuals are not participants:
a. Individuals in an Adult Education and Family Literacy Act (AEFLA) program
who have not completed at least 12 contact hours;
b. Individuals who only use the self-service system;.
i. Subject to paragraph (a)(3)(ii)(B) of this section, self-service occurs when
individuals independently access any workforce development system
program’s information and activities in either a physical location, such as
a one-stop center resource room or partner agency, or remotely via the use
of electronic technologies.
ii. Self-service does not uniformly apply to all virtually accessed services.
For example, virtually accessed services that provide a level of support
beyond independent job or information seeking on the part of an
individual would not qualify as self-service.
c. Individuals who receive information-only services or activities, which provide
readily available information that does not require an assessment by a staff
member of the individual’s skills, education, or career objectives.
(4) Programs must include participants in their performance calculations.
REPORTABLE INDIVIDUAL (20 CFR 677.150) – is an individual who has taken action that
demonstrates an intent to use program services and who meets specific reporting criteria of the
program, including:
(1) Individuals who provide identifying information;
(2) Individuals who only use the self-service system; or
(3) Individuals who only receive information-only services or activities.
SERVICE CONNECTED (38 USC 101(16)) – means, with respect to disability or death, that
such disability was incurred or aggravated, or that the death resulted from a disability incurred or
aggravated, in line of duty in the active military, naval, or air service.
TRANSITIONAL JOB (20 CFR 680.190) – is a time limited work experience that is wage-paid
and subsidized, and is in the public, private or non-profit sectors for those individuals with
barriers to employment who are chronically unemployed or have inconsistent work history, as
determined by the Local Workforce Development Board. These jobs are designed to enable an
individual to establish a work history, demonstrate work success in an employee-employer
relationship, and develop the skills that lead to unsubsidized employment.
WORK EXPERIENCE (OR INTERNSHIP) (20 CFR 680.180) – is a planned, structured
learning experience that takes place in a workplace for a limited period of time. Internships and
other work experiences may be paid or unpaid, as appropriate and consistent with other laws,
such as the Fair Labor Standards Act. An internship or other work experience may be arranged
within the private for profit sector, the non-profit sector, or the public sector. Labor standards
apply in any work experience setting where an employee/employer relationship, as defined by
the Fair Labor Standards Act, exists. Transitional Jobs are a type of work experience.
WORKFORCE PREPARATION ACTIVITIES (34 CFR 463.34) – include activities,
programs, or services designed to help an individual acquire a combination of basic academic
skills, critical thinking skills, digital literacy skills, and self-management skills, including
competencies in:
(A) Utilizing resources;
(B) Using information;
(C) Working with others;
(D) Understanding systems;
(E) Skills necessary for successful transition into and completion of postsecondary
education or training, or employment; and
(F) Other employability skills that increase an individual’s preparation for the workforce.
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