Back to Federal guidance

Common measures policy for workforce programs

Summary ETA directed state workforce agencies and grantees to use common performance measures in Department of Labor-funded employment and training programs. It defined participation and exit, three adult measures and three youth measures, and accepted data sources. The letter rescinded TEGL 15-03; TEGL 17-05, Change 1 later expressly rescinded it.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 28-04
Date issued
April 15, 2005
Status
Rescinded
TEGL 17-05, Change 1, dated August 13, 2007, expressly rescinded TEGL 28-04. ETA labels the historical advisory Canceled. The letter itself rescinded TEGL 15-03.
Status last verified October 25, 2026

Is this still the rule?

This document has been rescinded. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been rescinded
TEGL 17-05, Change 1, dated August 13, 2007, expressly rescinded TEGL 28-04. ETA labels the historical advisory Canceled. The letter itself rescinded TEGL 15-03. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 28-04

TO: ALL STATE WORKFORCE AGENCIES
ALL STATE WORKFORCE LIAISONS

FROM: EMILY STOVER DeROCCO
Assistant Secretary

SUBJECT: Common Measures Policy

RESCISSIONS: TEGL 15-03
EXPIRATION DATE: Continuing

  1. Purpose. To inform states and grantees of the Employment and Training Administration’s (ETA)
    revised policy on common performance measures for Federal job training and employment programs, and rescind Training and Employment Guidance Letter (TEGL) 15-03.

  2. References. President’s Management Agenda, http://www.whitehouse.gov/omb/budintegration/
    pma_index.html; OMB Director’s Memorandum M-02-06, http://www. whitehouse.gov/omb/ budintegration/common.html; TEGL No. 15-03, “Common Measures Policy”; and TEGL No. 18-04, “Announcing the Soon-to-be-published Proposed Revisions to Existing Performance Reporting Requirements for the Implementation of Common Measures for Title I of the Workforce Investment Act (WIA), the Wagner-Peyser Act (Employment Service/Labor Exchange), the Trade Adjustment Assistance Reform Act (TAA), and Title 38, Chapter 41 Job Counseling, Training, and Placement Service (Veterans’ Employment and Training Service).”

  3. Background. This document rescinds and replaces the common measures policy outlined in TEGL
    15-03. ETA’s statutory and regulatory authority to administer job training and employment programs includes provisions allowing for the requirement of performance reporting from states and grantees. In 2001, the President announced a Management Agenda to improve the management and performance of the Federal government. One of the five government-wide goals, budget and performance integration, emphasizes program effectiveness. As part of the President’s budget and performance integration initiative, the Office of Management and Budget (OMB) and other Federal agencies developed performance measures for certain programs with similar goals. OMB Director’s Memorandum M-02-06

and subsequent documents from OMB outline broad indicators of performance for job training and employment programs.

The common measures are an integral part of ETA’s performance accountability system. The value of implementing common measures is the ability to describe in a similar manner the core purposes of the workforce system—how many people found jobs; did people stay employed; and did their earnings increase. Multiple sets of performance measures have burdened states and grantees as they are required to report performance outcomes based on varying definitions and methodologies. By minimizing the

different reporting and performance requirements, common performance measures can facilitate the

integration of service delivery, reduce barriers to cooperation among programs, and enhance the ability to assess the effectiveness and impact of the workforce investment system.

The workforce investment system is also being transformed to a demand-driven system with strategic investments in workforce solutions that result in more individuals being trained for high-skill jobs in high-growth, high-demand industries. The performance accountability system, with common performance measures at its core, needs to be aligned with the specific demand-driven strategies identified both at the state and local levels. The demand-driven approach may require unique approaches to training and service delivery. It may require shorter and targeted training in some cases and longer term training in others, depending on the specific skills and credentials identified as necessary by industry — both at entry level and as individuals’ progress up and across career lattices. In all cases, the focus continues to be on connecting employers with skilled workers, and connecting workers with good jobs, as reflected in the common performance measures. To minimize burden on states and local areas, as ETA programs are reauthorized, we will work to ensure that statutory performance measures are consistent with these common measures.

Three common measures apply to programs serving adults and three common measures apply to programs serving youth:

Adult Measures Youth Measures

Adult measures: entered employment; employment retention; earnings increase.
Youth measures: placement in employment or education; attainment of a degree or certificate; literacy and numeracy gains.

Although program efficiency was identified as a common measure for Federal job training and employment programs in TEGL 15-03, ETA has revised its policy and will not require states and

grantees to report on this measure. Instead, ETA will use existing program management data to report program efficiency at a national level to OMB.

Programs administered by six Federal agencies — the Departments of Labor, Education, Health and Human Services, Veterans Affairs, Interior, and Housing and Urban Development — are subject to the common measures. Attachment A contains a list of Federal programs outside of ETA impacted by the

common measures. It is important to note that this policy guidance applies to Department of Labor funded programs only. These measures provide only part of the information necessary to effectively oversee the workforce investment system. ETA will continue to collect from states and grantees data on program activities,

participants, and outcomes that are necessary for program management and to convey full and accurate information on the performance of workforce programs to policy-makers and stakeholders.

This guidance includes the following sections:

Section 4: Program Participation and Exit Page 4
Section 5: ETA Common Measures Policy Page 7
Section 6: Data Sources Page 16
Attachment A: Federal Job Training and Employment Page 20
Programs Impacted by Common Measures
Attachment B: Common Measures At-A-Glance Page 21
Attachment C: Definitions of Key Terms Page 22
Attachment D: Educational Functioning Level Descriptors Page 25

  1. Program Participation and Exit

A. Point of Program Participation for Reporting

What is the definition of a participant?

The term participant means an individual who is determined eligible to participate in the program and

receives a service funded by the program in a physical location (e.g., a One-Stop career center). States and grantees are encouraged to consider as participants those individuals who receive services that are available electronically and are not accessed through a physical location.

Operational Parameters:

• The criteria that are used to determine whether an individual is eligible to participate will be based on the guidelines for the program.

• The term “service” does not include a determination of eligibility to participate in the program, self- directed job search that does not result in a referral to a job, services and activities specifically provided as follow-up services or regular contact with the participant or employer to only obtain information regarding his/her employment status, educational progress, need for additional services, or income support payments (except for trade readjustment allowances and other needs-related payments funded through the TAA program or National Emergency Grants (NEGs)).

• Individuals who visit a physical location for reasons other than its intended purpose (e.g., use of restrooms or ask staff for directions) are not participants.

Discussion:

Many states have already developed data management systems capable of tracking core self-service and informational activities that individuals access remotely by collecting personally identifiable data and other basic contact information. ETA encourages all states to develop such capabilities so that sufficient program management data will be available to provide the Administration, Congress, and our stakeholders with a more complete and accurate picture on the levels of participation and types of services being provided through the nation’s workforce investment system.

When does program participation occur?

Following a determination of eligibility, participation in a program commences when the individual begins receiving a service funded by the program. This phrase has the same meaning as the “date of participation” used in some of the measures. Which participants count in the common measures?

Generally, all participants will be taken into account when computing performance under the common measures. However, there are two situations where participants may not be included in the measures. First, because the employment-related measures require grantees to match personally identifiable client records with wage records, grantees may exclude those participants who do not voluntarily disclose valid social security numbers. Second, there may be some circumstances in which certain participants may not be included in one or more of the common measures because they are specifically excluded from performance measurement in the underlying program. For instance, WIA section 136(b)(2)(A) and 20 CFR 666.140, specifically state, “the core indicators of performance apply to all individuals registered for the Adult and Dislocated Worker programs, except for those individuals who participate exclusively in self-service or informational activities.” WIA participants covered by this exception will not be taken into account in the common measures. However, as part of WIA reauthorization, the Administration is proposing to remove this exception. Under current requirements, states have the authority to voluntarily submit performance information on all WIA participants in order to provide a more comprehensive picture of service delivery.

B. Point of Exit for Reporting

What is the definition of program exit?

The term program exit means a participant does not receive a service funded by the program or funded by a partner program for 90 consecutive calendar days and is not scheduled for future services.

Operational Parameters:

• The term “service” does not include a determination of eligibility to participate in the program, self- directed job search that does not result in a referral to a job, services and activities specifically provided as follow-up services or regular contact with the participant or employer to only obtain information regarding his/her employment status, educational progress, need for additional services, or income support payments (except for trade readjustment allowances and other needs-related payments funded through the TAA program or NEGs).

• Grantees that use services provided by partner programs to extend the point of exit must have the capacity to track program participants until the individual exits all services funded by the program or the partner program.

• The phrase “and is not scheduled for future services” does not apply to participants who voluntarily withdraw or dropout from the program. In these circumstances, once a participant has not received any services funded by the program or a partner program for 90 consecutive calendar days and has no planned gap in service, the date of exit is applied retroactively to the last day on which the individual received a service funded by the program or a partner program. Discussion:

To encourage service integration and recognize shared contributions toward performance outcomes, workforce programs can share accountability under the common measures when the participant has exited all services funded by the program or funded by a partner program. Some methods for tracking participants across programs include specifying services financially assisted by partner programs in the individuals’ service plans, coordinating service tracking through integrated data systems or other technologies, and providing coordinated follow-up services to individuals.

Are there any exceptions to the definition of exit?

Participants should not be considered as exited if there is a planned gap in service of greater than 90 days in one of the following circumstances:

• Delay before the beginning of training

  • Health/medical condition or providing care for a family member with a health/medical condition
  • Temporary move from the area that prevents the individual from participating in services

Grantees must document any gap in service that occurs and indicate the reason for the gap in service.

When does exit from the program occur?

Once a participant has not received any services funded by the program or a partner program for 90 consecutive calendar days and has no planned gap in service and is not scheduled for future services, the

date of exit is applied retroactively to the last day on which the individual received a service funded by the program or a partner program.

C. Excluding Participants from the Common Measures

Occasionally, circumstances arise that are beyond the control of both the participant and the program. The intent here is to identify a common list of specific reasons as to why a participant can be excluded from common measures calculations. Participants in the following categories, either at the time of exit

or during the three-quarter measurement period following the exit quarter, will be excluded from the computation of the measures:

  • Institutionalized — The participant is residing in an institution or facility providing 24-hour support, such as a prison or hospital, and is expected to remain in that institution for at least 90 days. Individuals with disabilities (as defined in 29 CFR 37.4) residing in institutions, nursing homes, or other residential environments cannot be excluded under this reason. This reason does not apply to the Responsible Reintegration of Youthful Offenders program.
  • Health/Medical or Family Care — The participant is receiving medical treatment or providing care for a family member that precludes entry into unsubsidized employment or continued participation

in the program. This does not include temporary conditions or situations expected to last for less than 90 days.

• Deceased — Self-explanatory.

• Reservists Called to Active Duty — The participant is a reservist who is called to active duty for at least 90 days.

• Relocated to a Mandated Residential Program — For youth participants only, the participant is in the

foster care system or any other mandated residential program and has moved from the area as part of such a program.

Grantees must fully document any reason that excludes the participant from common measures calculations.

  1. Employment and Training Administration Common Measures Policy. All programs
    administered by ETA will be subject to the common measures policy. Designation that a program is subject to the adult and/or youth measures will be implemented through modifications to each program’s

reporting and recordkeeping system and in no way impacts the existing age eligibility requirements of the program.

The remainder of this Section describes the methodologies and important operational parameters of the measures. Definitions of key terms for the measures can be found under Attachment C to further clarify details needed to implement the measures. The adult common measures are discussed in Part B of this Section, and the youth measures are addressed in Part C. The data sources and methods that grantees are authorized to use when calculating the common measures are explained in Section 6 of this document.

A. Introduction to Common Measure Methodologies

The methodologies of the common measures are written as an equation, clearly identifying who is in the numerator and who is in the denominator. In cases where there are conditions that apply to both the numerator and denominator, the condition is represented in italics at the beginning of the measure. For example, the adult entered employment rate is defined as:

Of those who are not employed at the date of participation:

The number of adults who are employed in the first quarter after the exit quarter divided by the number of adults who exit during the quarter

The condition “of those not employed at the date of participation” applies to both the numerator and denominator as follows: the number of adults who are not employed at the date of participation and are employed in the first quarter after the exit quarter divided by the number of adults who are not employed at the date of participation and exit during the quarter. In addition, the phrase “who exit during the

quarter” is used frequently in the denominators of the measures. This phrase has the same meaning as the term “exit quarter” used in some of the numerators.

The definitions of other key terms used in the common measure methodologies may be found in Attachment C.

B. Adult Measures

Entered Employment

Methodology:
Of those who are not employed at the date of participation:

The number of participants who are employed in the first quarter after the exit quarter divided by the number of participants who exit during the quarter.

Operational Parameters:

• Individuals who are employed at the date of participation are excluded from this measure (i.e., programs will not be held accountable for these individuals under this measure).

• Individuals who, although employed, have either received a notice of termination of employment or the employer has issued a Worker Adjustment and Retraining Notification (WARN) or other notice that the facility or enterprise will close, or are currently on active military duty and have been provided with a date of separation from military service are considered not employed and are included in the measure.

• Employment at the date of participation is based on information collected from the individual, not from wage records.

Discussion:

This measure provides an assessment of program impact in increasing employment for those who were unemployed. ETA recognizes concerns that have been raised concerning the exclusion of individuals

who are employed at the date of participation from this measure. However, including individuals with jobs at program entry is not fully consistent with the concept of an entered employment indicator. The

positive impact of services provided to incumbent workers and the underemployed can be demonstrated in both the retention and earnings measures. Employment Retention

Methodology:

Of those who are employed in the first quarter after the exit quarter:
The number of participants who are employed in both the second and third quarters after the exit quarter divided by the number of participants who exit during the quarter.

Operational Parameters:

• This measure includes only those who are employed in the first quarter after the exit quarter (regardless of their employment status at participation).

• Individuals who are not employed in the first quarter after the exit quarter are excluded from this measure (i.e., programs will not be held accountable for these individuals under this measure).

• Employment in the first, second, and third quarters after the exit quarter does not have to be with the same employer.

Discussion:

By defining a positive outcome as employment in the first, second, and third quarters after the quarter of exit, the measure approximates retention for at least six months following participation in the program. However, a positive outcome on the retention measure does not necessarily indicate continuous employment with the same employer.

Six Months Earnings Increase

Methodology:

Of those who are employed in the first quarter after the exit quarter:
[Total earnings in the second quarter plus total earnings in the third quarter after the exit quarter] minus [total earnings in the second quarter plus total earnings in the third quarter prior to the participation quarter] divided by the number of participants who exit during the quarter.

Operational Parameters:

To ensure comparability of this measure on a national level, wage records will be the only data source for this measure. Individuals whose employment in either the first or third quarter after the exit quarter was determined from supplementary sources and not from wage records are excluded from the measure.

• Grantees must initiate processes to obtain the second and third quarter pre-program earnings for the individual at the time of participation in the program.

• Earnings may be excluded from each of the total quarterly amounts only where the grantee has determined that false or erroneous wage record data has been reported to the grantee, or the individual has received distributions related to severance pay or other earnings attributable to termination from an employment situation. Such a determination by the grantee must be based on

documented procedures and processes for editing and cleaning wage record data and is subject to audit.

SPECIAL NOTE: Currently, mechanisms are not in place to provide access to wage records for all grantees operating ETA national or discretionary grant programs, including programs such as the H- 1B Technical Skills Training, Migrant and Seasonal Farm Workers, Native American Employment and Training, and Senior Community Service Employment programs. For these grantees, supplemental sources of data will be permitted as an interim means of reporting on the earnings increase measure until all grantees in a program have access to wage records. Any adjustments necessary for the implementation of this measure using supplemental information as the data source will be addressed in separate program guidance.

Discussion:

This measure is designed as a pre- and post-program look at earnings change. The second and third quarters prior to participation were selected as the pre-program reference period because trends have shown that many program participants experience intermittent or stop-gap employment immediately prior to participating in employment and training programs. For purposes of the common measures, the pre-program earnings of dislocated workers will be determined as described above — second and third quarters prior to the quarter of participation — regardless of the date of dislocation. The collection of earnings in the second and third quarters after the exit quarter effectively captures an individual’s earnings six months after entry into employment.

C. Youth Measures

Placement in Employment or Education

Methodology:

Of those who are not in post-secondary education, employment, or the military at the date of

participation:
The number of participants who are in employment or the military or enrolled in post-secondary education and/or advanced training/occupational skills training in the first quarter after the exit quarter divided by the number of participants who exit during the quarter.

Operational Parameters:

• Individuals who are in post-secondary education, employment, or the military at the date of participation are excluded from this measure (i.e., programs will not be held accountable for these individuals under this measure).

• Employment, military, and education status at the date of participation are based on information collected from the individual.

• Individuals in secondary school at exit will be included in this measure.

Discussion:

Participants who enter ETA-funded youth programs while already in post-secondary education, employment, or the military have achieved the desired outcome under this measure. Thus, these individuals are excluded from this measure. Successfully returning young people to school or alternative education is desirable, but secondary school enrollment does not qualify as a placement under this measure. Individuals in secondary school at exit are included in this measure, which is a change from previous policy guidance (TEGL 15-03). This revised policy is consistent with ETA’s

vision to ensure youth successfully complete their secondary education, which will ultimately lead to better long-term success in the workforce.

Attainment of a Degree or Certificate

Methodology:

Of those enrolled in education (at the date of participation or at any point during the program): The number of participants who attain a diploma, GED, or certificate by the end of the third quarter after the exit quarter divided by the number of participants who exit during the quarter.

Operational Parameters:

• Education refers to participation in secondary school, post-secondary school, adult education programs, or any other organized program of study.

• Individuals in secondary school at exit will be included in this measure.

• The term diploma means any credential that the state education agency accepts as equivalent to a high school diploma.

• Diplomas, GEDs, or certificates can be obtained while a person is still receiving services or at any point by the end of the third quarter after the exit quarter.

Discussion:
Individuals in secondary school at exit are included in this measure, which is a change from previous policy guidance (TEGL 15-03). This revised policy is consistent with ETA’s vision to ensure youth

successfully complete their secondary education, which will ultimately lead to better long-term success in the workforce.

-ll-
Literacy and Numeracy Gains

Methodology:

Of those out-of-school youth who are basic skills deficient:
The number of participants who increase one or more educational functioning levels divided by the number of participants who have completed a year in the program (i.e., one year from the date of

program participation) plus the number of participants who exit before completing a year in the program.

Operational Parameters:

• Pre-test must occur within 60 days following the date of participation.

• Individuals who are determined not to be basic skills deficient at pre-test are excluded from this measure (i.e., programs will not be held accountable for these individuals under this measure).

• When administering assessment tools, individuals with disabilities (as defined in 29 CFR 37.4) should be accommodated according to: (1) section 188 of WIA, (2) guidelines associated with the assessment tool used to determine functioning levels, and (3) state law or policies. Further guidance can be found in this Section under Testing Youth with Disabilities.

• The measure includes individuals who are given an initial assessment but either: (1) do not post-test before exiting the program, or (2) exit before completing a year in the program (i.e., one year from the date of program participation).

• To be included in the numerator, a participant must demonstrate through post-test that he/she has advanced one or more educational functioning levels beyond the level in which he/she was initially

placed at pre-test within one year from the date of participation. (Note: the one-year time period is from date of participation, not date of pre-test).

• In-school youth are excluded from this measure.

Discussion:

The literacy and numeracy gains indicator measures the increase in the skills of participants through a common assessment tool administered at program entry and regular intervals thereafter. Youth participants for whom the goal of literacy and/or numeracy gains is most appropriate are those with basic skills deficiencies. Participants who are not basic skills deficient cannot achieve a positive outcome because they have attained basic literacy and numeracy. Exclusion of individuals who are not basic skills deficient focuses the measure on the participants with the greatest need for remediation, and

minimizes the burden of testing individuals who, by virtue of their existing skill level, will not achieve a positive outcome under this measure.

In-school youth already undergo a number of assessments within the school system in order to comply with state standards of learning and, in many states, graduation exams. Requiring in-school youth to receive further academic assessments, outside of the school system is redundant since it is the responsibility of local school districts to ensure proper academic assessment of in-school youth. In addition, the assessments benchmarked to the National Reporting System (NRS) are not normalized for in-school youth. Therefore, in-school youth are excluded from this measure.

Under a normal distribution of pre-test scores, most participants’ scores will place the individuals in a range where they have completed some of the skills in that particular educational functioning level. Therefore, for a majority of participants, a positive outcome for this measure (i.e., completion of one educational functioning level and an increase to the next level) is not likely to require the equivalent of completing two grade levels, but will average to the equivalent of one grade level.

National Reporting System:

• To maintain consistency with the implementation of the common measures by the Department of Education (ED), ETA is adopting policies for the ED outcome measure of educational gain, as outlined in the NRS. The NRS was developed by ED’s Division of Adult Education and Literacy for

implementation of an accountability system for federally funded adult education programs under WIA Title II.

Educational Functioning Levels:

• Programs assess participants at intake or within 60 days following the date of participation to determine their initial educational functioning level. As outlined in the NRS, there are two sets of educational functioning levels — six levels for Adult Basic Education (ABE) and six levels for English-as-a-Second language (ESL) students. The ABE levels roughly equate to two grade levels. Further guidance on the educational functioning level descriptors can be found in Attachment D.

• Each ABE and ESL level describes a set of skills and competencies that students entering at that level demonstrate in the areas of reading, writing, numeracy, speaking, listening, functional, and workplace skills. These descriptors provide guidelines for placing participants in educational functioning levels, based on performance on standardized tests. After a participant has completed a uniform, standardized assessment procedure, programs use these descriptors to determine the appropriate initial ABE or ESL level in which to place students.

• Ifa participant is functioning at different levels in reading, writing, numeracy, speaking, listening, functional, and workplace areas, the individual is placed in different ABE and ESL levels across the functioning areas. In the post-test assessment, if the participant demonstrates an increase to the next functioning level in any of the areas — reading, writing, numeracy, speaking, listening, functional, and workplace areas — he/she has made an educational gain and should be included in the numerator. For example, an individual is placed in the Beginning Basic Education level (the second ABE level) in math and the Low Intermediate Basic Education level (the third ABE level) in reading at pre-

testing. The individual achieves an educational gain if he/she places in either the third ABE level in math or the fourth ABE level in reading at post-testing.

Assessment Tool:

• To measure the increase in skills of individuals, programs must use an assessment procedure comprised of a standardized test or a performance assessment with standardized scoring protocols.

• States, grantees, or contractors are not required to use the same assessment tool throughout their jurisdictions. However, programs must adhere to the following in choosing an assessment tool: (1) The same assessment tool is administered to the participant for pre-testing and post-testing;

(2) The assessment tool and its scores must crosswalk directly to the educational functioning levels so that educational gains can be reported in terms of increase in one or more ABE or ESL levels; and (3) Tests must be administered in a standardized manner throughout the jurisdiction (i.e., used consistently and reliably across programs and produces observable results).

Tests must be administered to individuals with disabilities (as defined in 29 CFR 37.4) with reasonable accommodations, as appropriate (see additional guidance under Testing Youth with Disabilities).

The NRS provides test benchmarks for educational functioning levels (see Attachment D). The benchmarks are provided as examples of how students functioning at each level would perform on the tests. Inclusion of these tests in this guidance in no way implies that they are equivalent or that

they should be used as the basis for assessment. In addition, these tests do not necessarily measure the same skills.

Testing Interval:

Participants identified as basic skills deficient should be post-tested at least once by the end of one year following the individual’s participation date.

For participants who have completed one year following the participation date, if more than one assessment is administered after the initial test, the latest assessment within one year of participation

should be used to determine if the participant has demonstrated an increase in at least one educational functioning level.

Individuals who remain basic skills deficient and continue to participate after completing a full year in the program, including pre-test and post-test, should continue to receive basic skills remediation services. These participants should be included in the measure for the first year of participation. They are not included again in the measure until they have completed a second full year in the program. At the completion of the second year, these participants should be post-tested and included in the measure. To determine an increase of one or more levels, the participant’s post-test scores from the second year in the program should be compared to the scores from the test that was administered at the latest point during the first year.

Testing Youth with Disabilities:

When administering assessment tools, individuals with disabilities are to be provided with reasonable accommodations, as appropriate, according to:

1) Section 188 of the WIA;

2) Guidelines associated with the assessment test; or
3) State laws or policy.

The Department’s regulations implementing WIA section 188, found at 29 CFR part 37, provide a general definition of “reasonable accommodation” for individuals with disabilities. In essence, such accommodations are “[m]odifications or adjustments,” made on a case-by-case basis, “that enable a qualified individual with a disability . . . to receive aid, benefits, services, or training equal to that provided to qualified individuals without disabilities.” See 29 CFR 37.4, definition of “reasonable accommodation.” In the assessment context, therefore, accommodations are changes that are made to the materials or procedures used for the assessment in order to "level the playing field” -- to ensure that the assessment tool measures the individual’s skills and abilities, and not his or her disabilities. Because youth with disabilities are expected to achieve the same gains as other youth, it is critically important that appropriate accommodations be provided for the assessment process, to ensure that the gains achieved by these youth can be determined accurately.

Accommodations for the assessment process generally fall into the following categories:

  1. Changes to the methods of Presentation of the test used as an assessment tool: e.g.,
    providing Braille versions of the test, or orally reading the directions or test questions to test-takers;

  2. Changes to the methods of Response to the test questions: e.g., having the test-taker
    point to a response or use a computer for responding;

  3. Changes to the Setting in which the test is provided: e.g., permitting the test to be taken
    at home, or in small groups, rather than in a large-group or institutional setting; and

  4. Changes to the Timing/Scheduling of the test: e.g., extending the amount of time
    generally provided for completion of the test, permitting frequent breaks, etc.

Thurlow, M., House, A., Boys, C., Scott, D., & Ysseldyke, J. (2000). State participation and accommodation policies for students with disabilities: 1999 update (Synthesis Report No. 33). Minneapolis, MN: University of Minnesota, National Center on Educational Outcomes. Retrieved on 04/01/2005 at the following website:

http://education.umn.edu/NCEO/OnlinePubs/Synthesis33 html

The Department fully expects that most youth with disabilities can and should be assessed using tests that specifically crosswalk to the educational functioning levels, with the use of accommodations where needed. We also recognize, that in very limited instances, use of these testing instruments, even with appropriate accommodations, may not provide a valid or reliable evaluation of the literacy and

numeracy skills of a youth with one or more disabilities. These instances may arise because of the nature or extent of a particular individual’s disability, and/or because of limitations in the testing

instruments themselves. In those rare instances, service providers and grant recipients may use alternate assessment tools to measure gains in numeracy and literacy for youth with disabilities, if those alternate

tools have been deemed by the individual state to provide valid and reliable indicators of information that are comparable to the information provided through the educational functioning levels. Such

alternate tools may include, but are not limited to, (1) portfolio assessments; (2) one-on-one performance

assessments; and (3) alternative standardized tests. If such alternative assessment tools are used, the

state and/or local level should determine, based on the type of assessment, what constitutes a successful

gain for the literacy/numeracy measure.

It is advisable that youth professionals receive specific guidance and training in the administration of alternate assessments to youth with disabilities to ensure they have the necessary skills and knowledge to appropriately administer the tests and accurately interpret results.

  1. Data Sources. This Section describes data sources and methods to collect data for the common
    measures. The data source(s) applicable to each measure are as follows:

PERFORMANCE MEASURE

DATA SOURCE

Adult Measures

Entered Employment

Wage records and supplemental data sources

Retention

Wage records and supplemental data sources

Earnings Increase

Wage records

Supplemental data sources (only for grantees that do not
have access to wage records)

Youth Measures

Placement in Employment or Education

Wage records and supplemental data sources for
placement in employment and military

Administrative records for placement in education or
training

Attainment of a Degree or Certificate

Administrative records

Literacy and Numeracy Gains

Assessment instrument

A. Wage Records

To ensure comparability of the common measures on a national level, wage records are the primary data source for the employment-related measures (except as noted in this Section).

Unemployment Insurance Wage Records

lo the extent it is consistent with state law, Unemployment Insurance (UI) wage records will be the primary data source for tracking the adult entered employment, retention, and earnings increase measures and the employment portion of the youth placement in employment or education measure.

Additional Wage Records

While most forms of employment in a state’s workforce are “covered” and will be in the UI wage records, certain types of employers and employees are excluded by Federal UI law or are not covered under states’ UI laws. States may use record sharing and/or automated record matching with other

employment and administrative data sources to determine and document employment and earnings for “uncovered” workers.

Additional wage record data sources include the following:

Wage Record Interchange System (WRIS)
US. Office of Personnel Management (OPM)
USS. Postal Service

U.S. Department of Defense

Railroad Retirement System

State government employment records

Local government employment records
Judicial employment records

Public school employment records

State New Hires Registry

State Department of Revenue or Tax (for individuals who are self-employed, information must be obtained through record-sharing or automated matching of state tax records)

ETA, in collaboration with the OPM, U.S. Postal Service, and the Department of Defense, has created a pilot data exchange system to provide access for all states to wage record information on Federal and military employment. Updates are available at http://www.doleta.gov/performance.

B. Supplemental Sources of Data

Supplemental data will be used for program management purposes and to gain a full understanding of program performance and activities. Although a majority of employment situations will be covered by wage records, certain other types of employment, particularly self-employment, are either excluded from the sources of data identified under Subsection A above or very difficult for grantees to access due to data confidentiality issues (e.g., access to State Department of Revenue or Tax records). Grantees should not be discouraged from providing entrepreneurial training or assisting the hard-to-serve simply because the subsequent employment is not covered by wage records. Therefore, in order to convey full and accurate information on the employment impact of ETA programs, grantees may use supplemental sources of data to document a participant’s entry and retention in employment. For grantees that do not have access to wage records, supplemental sources of data will be permitted as an interim means of reporting on the earnings increase measure until all grantees in a program have access to wage records.

Allowable sources of supplemental information for tracking employment-related outcomes in the performance measurement periods include case management notes, automated labor exchange system

administrative records, surveys of participants, and contacts with employers. All supplemental data and methods must be documented and are subject to audit.

C. Administrative Records

Administrative records will be the data source for the education and training portion of the placement in employment or education measure and the attainment of a degree or certificate measure. All data and

methods used to determine placement in education and training or achievement of a degree or certificate must be documented and are subject to audit.

Placement in Post-Secondary Education or Advanced Training/Occupational Skills Training The following data sources can be used to determine whether participants in youth programs are placed in post-secondary education and/or advanced training/occupational skills training:

  1. Case management notes and surveys of participants to determine if the individual has been
    placed in post-secondary education and/or advanced training/occupational skills training; or

  2. Record-sharing agreements and/or automated record matching with administrative/other data
    sources to determine and document that the participant has been placed in post-secondary education and/or advanced training/occupational skills training. These data sources may include:
    • State board governing community colleges

State board governing universities

State education associations

Integrated post-secondary or higher education reporting unit
Training institutions/providers

Degree or Certificate

The following data sources can be used to determine whether participants in youth programs attain degrees or certificates:

  1. Case management notes and surveys of participants to determine that the individual has received
    a degree or certificate; or

  2. Record sharing agreements and/or automated record matching with administrative/other

data sources to determine and document that the participant has received a degree or certificate. These data sources may include:

State board of Education

State board governing community colleges

State board governing universities

State licensing boards for private schools

State education associations

Integrated post-secondary or higher education reporting unit

State Department of Professional or Occupational Regulation (possibly other units such as health care administration or specific boards like the “Board of Nursing”)

Professional, industry, or employer organization or a product manufacturer or developer
• Training institutions/providers

• Adult Basic Education providers (GED/equivalent testing agencies)

  1. Action Required. Please make this information available to appropriate program staff.

  2. Attachments.

Attachment A: Federal Job Training and Employment Programs Impacted by Common Measures Attachment B: Common Measures At-A-Glance Attachment C: Definitions of Key Terms

Attachment D: Educational Functioning Level Descriptors

Attachment A — Federal Job Training and Employment Programs Impacted by Common Measures Source: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2005/TEGL28-04_AttachA.pdf

ATTACHMENT A:
FEDERAL JOB TRAINING AND EMPLOYMENT PROGRAMS
IMPACTED BY COMMON MEASURES

In addition to programs administered by ETA, the following Federal programs are subject to the common measures:

Department of Labor
Programs for Veterans:

  • Veterans’ Workforce Investment Program
  • Disabled Veterans’ Outreach Program
  • Local Veterans’ Employment Representatives
  • Homeless Veterans’ Reintegration Program

Department of Education

Adult Education

Rehabilitation Services:

  • Vocational Rehabilitation Grants to States

American Indian Vocational Rehabilitation Services

Supported Employment State Grants

Projects with Industry

Migrant and Seasonal Farm Workers

State Grants for Incarcerated Youth Offenders

Vocational Education:

  • Carl D. Perkins Vocational and Technical Education Act - State Grants
  • Carl D. Perkins Vocational and Technical Education Act - Tech Prep State Grants

  • Carl D. Perkins Vocational and Technical Education Act — Tribally Controlled Postsecondary

  • Vocational Institutions

Department of Health and Human Services
Temporary Assistance to Needy Families

Department of Veterans Affairs
Vocational Rehabilitation and Employment Services and Benefits

Department of the Interior
Job Placement and Training

Department of Housing and Urban Development
YouthBuild

Attachment B — Common Measures At-A-Glance
Source: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2005/TEGL28-04_AttachB.pdf

ATTACHMENT B: COMMON MEASURES AT-A-GLANCE

ADULT MEASURES

Entered Employment
Of those who are not employed at the date of participation:
Number of participants who are employed in the first quarter after the exit quarter / number of participants who exit during the quarter.

Employment Retention
Of those who are employed in the first quarter after the exit quarter:
Number of participants who are employed in both the second and third quarters after the exit quarter / number of participants who exit during the quarter.

Six Months Earnings Increase
Of those who are employed in the first quarter after the exit quarter:
([Total earnings in the second + third quarters after the exit quarter] minus [Total earnings in the second + third quarters prior to the participation quarter]) / number of participants who exit during the quarter.

YOUTH MEASURES

Placement in Employment or Education
Of those who are not in post-secondary education, employment, or the military at the date of participation: Number of participants who are in employment or the military or enrolled in post-secondary education and/or advanced training/occupational skills training in the first quarter after the exit quarter / number of participants who exit during the quarter.

Attainment of a Degree or Certificate
Of those enrolled in education (at the date of participation or at any point during the program): Number of participants who attain a diploma, GED, or certificate by the end of the third quarter after the exit quarter / number of participants who exit during the quarter.

Literacy and Numeracy Gains
Of those out-of-school youth who are basic skills deficient:
Number of participants who increase one or more educational functioning levels / [number of participants who have completed a year in the program (i.e., one year from the date of program participation) plus the number of participants who exit before completing a year in the program].

Attachment C — Definitions of Key Terms
Source: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2005/TEGL28-04_AttachC.pdf

ATTACHMENT C: DEFINITIONS OF KEY TERMS

Advanced Training/Occupational Skills Training — An organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advanced levels. Such training should: (1) be outcome-oriented and focused on a long-term goal as specified in the Individual Service Strategy, (2) coincide with exit rather than short-term training that is part of services received

while enrolled in ETA-funded youth programs, and (3) result in attainment of a certificate (as defined below under this attachment).

Basic Skills Deficient — The individual computes or solves problems, reads, writes, or speaks English at or below the eighth grade level or is unable to compute or solve problems, read, write, or speak English at a level necessary to function on the job, in the individual’s family, or in society. In addition, states and grantees have the option of establishing their own definition, which must include

the above language. In cases where states or grantees establish such a definition, that definition will be used for basic literacy skills determination.

Certificate — A certificate is awarded in recognition of an individual’s attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation. These technical or occupational skills are based on standards developed or endorsed by employers. Certificates awarded by workforce investment boards or awarded in recognition of the attainment of only generic pre-employment or work readiness skills are not included in this definition. A certificate is awarded in recognition of an individual’s attainment of technical or occupational skills by:

• A state educational agency, or a state agency responsible for administering vocational and technical education within a state.

• An institution of higher education described in Section 102 of the Higher Education Act (20 USC 1002) that is qualified to participate in the student financial assistance programs authorized by Title IV of that Act. This includes community colleges, proprietary schools, and all other institutions of higher education that are eligible to participate in Federal student financial aid programs.

• A professional, industry, or employer organization (e.g., National Institute for Automotive Service Excellence certification, National Institute for Metalworking Skills, Inc., Machining Level I credential) or a product manufacturer or developer (e.g., Microsoft Certified Database

Administrator, Certified Novell Engineer, Sun Certified Java Programmer) using a valid and reliable assessment of an individual’s knowledge, skills, and abilities.

• A registered apprenticeship program.

• A public regulatory agency, upon an individual’s fulfillment of educational, work experience, or skill requirements that are legally necessary for an individual to use an occupational or professional title or to practice an occupation or profession (e.g., FAA aviation mechanic certification, state certified asbestos inspector).

• A program that has been approved by the Department of Veterans Affairs to offer education and training to veterans and other eligible persons under provisions of the Montgomery GI Bill.

• Office of Job Corps.

Institutions of higher education which is formally controlled, or has been formally sanctioned, or

chartered, by the governing body of an Indian tribe or tribes.

Date of Participation — Represents the first day, following a determination of eligibility, that the individual begins receiving a service funded by the program.

Date of Exit — Represents the last day on which the individual received a service funded by the program or a partner program.

Diploma — The term diploma means any credential that the state education agency accepts as equivalent to a high school diploma.

Educational Gain — At post-test, participant completes or advances one or more educational functioning levels from the starting level measured on entry into the program (pre-test).

Employed at the Date of Participation — An individual employed at the date of participation is one

who:

• Did any work at all as a paid employee (except the individual is not considered employed if: a) he/she has received a notice of termination of employment or the employer has issued a WARN or other notice that the facility or enterprise will close, or b) he/she is currently on active military duty and has been provided with a date of separation from military service);

• Did any work at all in his/her own business, profession, or farm;

• Worked 15 hours or more as an unpaid worker in an enterprise operated by a member of the family; or

• Was not working, but has a job or business from which he/she was temporarily absent because of illness, bad weather, vacation, labor-management dispute, or personal reasons, regardless of whether paid by the employer for time off, and regardless of whether seeking another job.

Employed in Any Quarter After the Exit Quarter — The individual is considered employed in a quarter after the exit quarter if wage records for that quarter show earnings greater than zero. When supplemental data sources are used, individuals should be counted as employed if, in the calendar quarter of measurement after the exit quarter, they did any work at all as paid employees (i.e.,

received at least some earnings), worked in their own business, profession, or worked on their own farm.

Exit Quarter — Represents the calendar quarter in which the date of exit is recorded for the individual.

Military Status at the Date of Participation — An individual is considered to be in the military at the date of participation if: a) he/she currently is serving on active military duty and has not been provided with a date of separation from military service, or b) he/she is a member of the National

Guard or one of the Military Reserves and is currently serving in a mobilized (i.e., active military duty) status.

Out-of-School Youth — An eligible youth who is a school dropout, or who has received a secondary school diploma or its equivalent but is basic skills deficient, unemployed, or underemployed (WIA section 101(33)). For reporting purposes, this term includes all youth except those who are attending any school and have not received a secondary school diploma or its recognized equivalent, and except those who are attending post-secondary school and are not basic skills deficient.

Participant — The term participant means an individual who is determined eligible to participate in the program and receives a service funded by the program in a physical location (e.g., a One-Stop career center). States and grantees are encouraged to consider as participants those individuals who receive services that are available electronically and are not accessed through a physical location.

Participation Quarter — Represents the calendar quarter in which the date of participation is recorded for the individual.

Physical Location — A physical location means a designated One-Stop career center, an affiliated One-Stop partner site, including a technologically linked access point, where services and activities funded by the program are available, or other specialized centers and sites designed to address special customer needs, such as company work sites for dislocated workers.

Post-Secondary Education — A program at an accredited degree-granting institution that leads to an academic degree (e.g., A.A., A.S., B.A., B.S.). Programs offered by degree-granting institutions that

do not lead to an academic degree (e.g., certificate programs) do not count as a placement in post-

secondary education, but may count as a placement in “advanced training/occupational skills training.”

Post-test — A test administered to a participant at regular intervals during the program.

Pre-test — A test administered to a participant within 60 days following the date of participation.

Attachment D — Educational Functioning Level Descriptors
Source: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2005/TEGL28-04_AttachD.pdf

ATTACHMENT D – EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS




                          - 25 -

                                   ATTACHMENT D – EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS

                                                               Outcome Measures Definitions
                                  EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
            Literacy Level                  Basic Reading and Writing                    Numeracy Skills                 Functional and Workplace Skills
Beginning ABE Literacy                Individual has no or minimal reading   Individual has little or no recognition  Individual has little or no ability to
Test Benchmark:                       and writing skills. May have little or of numbers or simple counting skills     read basic signs or maps, can provide
TABE (7-8 and 9-10) scale scores      no comprehension of how print          or may have only minimal skills, such limited personal information on
(grade level 0-1.9):                  corresponds to spoken language and     as the ability to add or subtract single simple forms. The individual can
  Reading 367 and below               may have difficulty using a writing    digit numbers.                           handle routine entry level jobs that
  Total Math 313 and below            instrument. At the upper range of this                                          require little or no basic written
  Language 392 and below              level, individual can recognize, read                                           communication or computational
                                      and write letters and numbers, but has                                          skills and no knowledge of computers
CASAS: 200 and below                  a limited understanding of connected                                            or other technology.
                                      prose and may need frequent re-
ABLE scale scores (grade level 0-     reading. Can write a limited number
1.9):                                 of basic sight words and familiar
  Reading 523 and below               words and phrases; may also be able
  Math 521 and below                  to write simple sentences or phrases,
                                      including very simple messages. Can
                                      write basic personal information.
                                      Narrative writing is disorganized and
                                      unclear; inconsistently uses simple
                                      punctuation (e.g., periods, commas,
                                      question marks); contains frequent
                                      errors in spelling.




                                                                          - 26 -

                                                                Outcome Measures Definitions
                                  EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
           Literacy Level                    Basic Reading and Writing                     Numeracy Skills             Functional and Workplace Skills
Beginning Basic Education             Individual can read simple material on Individual can count, add and subtract Individual is able to read simple
Test Benchmark:                       familiar subjects and comprehend         three digit numbers, can perform     directions, signs and maps, fill out
TABE (7-8 and 9-10): scale scores     simple and compound sentences in         multiplication through 12; can       simple forms requiring basic personal
(grade level 2-3.9):                  single or linked paragraphs containing identify simple fractions and perform  information, write phone messages
  Reading: 368-460                    a familiar vocabulary; can write         other simple arithmetic operations.  and make simple change. There is
  Total Math: 314-441                 simple notes and messages on familiar                                         minimal knowledge of, and
  Language: 393-490                   situations, but lacks clarity and focus.                                      experience with, using computers and
                                      Sentence structure lacks variety, but                                         related technology. The individual
CASAS: 201-210                        shows some control of basic grammar                                           can handle basic entry level jobs that
                                      (e.g., present and past tense), and                                           require minimal literacy skills; can
ABLE scale scores (grade level 2-     consistent use of punctuation (e.g.,                                          recognize very short, explicit,
3.9):                                 periods, capitalization).                                                     pictorial texts, e.g. understands logos
  Reading: 525-612                                                                                                  related to worker safety before using a
  Math: 530-591                                                                                                     piece of machinery; can read want ads
                                                                                                                    and complete simple job applications.




                                                                          - 27 -

                                                                 Outcome Measures Definitions
                                  EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
            Literacy Level                   Basic Reading and Writing                      Numeracy Skills               Functional and Workplace Skills
Low Intermediate Basic Education      Individual can read text on familiar      Individual can perform with high       Individual is able to handle basic
Test benchmark:                       subjects that have a simple and clear     accuracy all four basic math           reading, writing and computational
TABE (7-8 and 9-10) scale scores      underlying structure (e.g., clear main    operations using whole numbers up to tasks related to life roles, such as
(grade level 4-5.9):                  idea, chronological order); can use       three digits; can identify and use all completing medical forms, order
  Reading: 461-517                    context to determine meaning; can         basic mathematical symbols.            forms or job applications; can read
  Total Math: 442-505                 interpret actions required in specific                                           simple charts, graphs labels and
  Language: 491-523                   written directions, can write simple                                             payroll stubs and simple authentic
                                      paragraphs with main idea and                                                    material if familiar with the topic.
CASAS: 211-220                        supporting detail on familiar topics                                             The individual can use simple
                                      (e.g., daily activities, personal issues)                                        computer programs and perform a
ABLE scale scores (grade level 4-     by recombining learned vocabulary                                                sequence of routine tasks given
5.9):                                 and structures; can self and peer edit                                           direction using technology (e.g., fax
  Reading: 613-644                    for spelling and punctuation errors.                                             machine, computer operation). The
  Math: 593-641                                                                                                        individual can qualify for entry level
                                                                                                                       jobs that require following basic
                                                                                                                       written instructions and diagrams with
                                                                                                                       assistance, such as oral clarification;
                                                                                                                       can write a short report or message to
                                                                                                                       fellow workers; can read simple dials
                                                                                                                       and scales and take routine
                                                                                                                       measurements.




                                                                           - 28 -

                                                               Outcome Measures Definitions
                                  EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
            Literacy Level                  Basic Reading and Writing                     Numeracy Skills              Functional and Workplace Skills
High Intermediate Basic Education     Individual is able to read simple       Individual can perform all four basic Individual is able to handle basic life
Test benchmark:                       descriptions and narratives on familiar math operations with whole numbers    skills tasks such as graphs, charts and
TABE (7-8 and 9-10) scale scores      subjects or from which new              and fractions; can determine correct  labels, and can follow multi-step
(grade level 6-8.9):                  vocabulary can be determined by         math operations for solving narrative diagrams; can read authentic materials
  Reading: 518-566                    context; can make some minimal          math problems and can convert         on familiar topics, such as simple
  Total Math: 506-565                 inferences about familiar texts and     fractions to decimals and decimals to employee handbooks and payroll
  Language: 524-559                   compare and contrast information        fractions; can perform basic          stubs; can complete forms such as a
                                      from such texts, but not consistently.  operations on fractions.              job application and reconcile a bank
CASAS: 221-235                        The individual can write simple                                               statement. Can handle jobs that
                                      narrative descriptions and short essays                                       involves following simple written
ABLE scale score (grade level 6-8.9): on familiar topics; has consistent use                                        instructions and diagrams; can read
  Reading: 646-680                    of basic punctuation, but makes                                               procedural texts, where the
  Math: 643-693                       grammatical errors with complex                                               information is supported by diagrams,
                                      structures.                                                                   to remedy a problem, such as locating
WorkKeys scale scores:                                                                                              a problem with a machine or carrying
Reading for Information: 75 – 78                                                                                    out repairs using a repair manual. The
Writing: 75 – 77                                                                                                    individual can learn or work with
Applied Mathematics: 75 – 77                                                                                        most basic computer software, such as
                                                                                                                    using a word processor to produce
                                                                                                                    own texts; can follow simple
                                                                                                                    instructions for using technology.




                                                                          - 29 -

                                                              Outcome Measures Definitions
                                  EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
            Literacy Level                  Basic Reading and Writing                  Numeracy Skills               Functional and Workplace Skills
Low Adult Secondary Education         Individual can comprehend expository Individual can perform all basic math  Individual is able or can learn to
Test benchmark:                       writing and identify spelling,        functions with whole numbers,         follow simple multi-step directions,
TABE (7-8 and 9-10): scale scores     punctuation and grammatical errors;   decimals and fractions; can interpret and read common legal forms and
(grade level 9-10.9):                 can comprehend a variety of materials and solve simple algebraic equations, manuals; can integrate information
  Reading: 567-595                    such as periodicals and non-technical tables and graphs and can develop     from texts, charts and graphs; can
  Total Math: 566-594                 journals on common topics; can        own tables and graphs; can use math   create and use tables and graphs; can
  Language: 560-585                   comprehend library reference          in business transactions.             complete forms and applications and
                                      materials and compose multi-                                                complete resumes; can perform jobs
CASAS: 236-245                        paragraph essays; can listen to oral                                        that require interpreting information
                                      instructions and write an accurate                                          from various sources and writing or
ABLE scale scores (grade level 9-     synthesis of them; can identify the                                         explaining tasks to other workers; is
10.9):                                main idea in reading selections and                                         proficient using computers and can
  Reading: 682-697                    use a variety of context issues to                                          use most common computer
  Math: 694-716                       determine meaning. Writing is                                               applications; can understand the
                                      organized and cohesive with few                                             impact of using different
WorkKeys scale scores:                mechanical errors; can write using a                                        technologies; can interpret the
Reading for Information: 79 – 81      complex sentence structure; can write                                       appropriate use of new software and
Writing: 78 – 85                      personal notes and letters that                                             technology.
Applied Mathematics: 78 – 81          accurately reflect thoughts.




                                                                        - 30 -

                                                                Outcome Measures Definitions
                                   EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ADULT BASIC EDUCATION LEVELS
            Literacy Level                   Basic Reading and Writing                   Numeracy Skills             Functional and Workplace Skills
High Adult Secondary Education         Individual can comprehend, explain     Individual can make mathematical    Individuals are able to read technical
Test benchmark:                        and analyze information from a         estimates of time and space and can information and complex manuals;
 TABE (7-8 and 9-10): scale scores     variety of literacy works, including   apply principles of geometry to     can comprehend some college level
(grade level 11-12):                   primary source materials and           measure angles, lines and surfaces; books and apprenticeship manuals;
  Reading: 596 and above               professional journals; can use context can also apply trigonometric        can function in most job situations
  Total Math: 595 and above            cues and higher order processes to     functions.                          involving higher order thinking; can
  Language: 586 and above              interpret meaning of written material.                                     read text and explain a procedure
                                       Writing is cohesive with clearly                                           about a complex and unfamiliar work
CASAS: 246 and higher                  expressed ideas supported by relevant                                      procedure, such as operating a
                                       detail; can use varied and complex                                         complex piece of machinery; can
ABLE scale scores (grade level 11-     sentence structures with few                                               evaluate new work situations and
12):                                   mechanical errors.                                                         processes, can work productively and
  Reading: 699 and above                                                                                          collaboratively in groups and serve as
  Math: 717 and above                                                                                             facilitator and reporter of group work.
                                                                                                                  The individual is able to use common
WorkKeys scale scores:                                                                                            software and learn new software
Reading for Information: 82 – 90                                                                                  applications; can define the purpose of
Writing: 86 – 90                                                                                                  new technology and software and
Applied Mathematics: 82 – 90                                                                                      select appropriate technology; can
                                                                                                                  adapt use of software or technology to
                                                                                                                  new situations and can instruct others,
                                                                                                                  in written or oral form on software
                                                                                                                  and technology use.




                                                                         - 31 -

                                                              Outcome Measure Definitions
                              EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ENGLISH -AS-A-SECOND LANGUAGE LEVELS
           Literacy Level                   Speaking and Listening               Basic Reading and Writing           Functional and Workplace Skills
Beginning ESL Literacy               Individual cannot speak or understand Individual has no or minimal reading   Individual functions minimally or not
Test benchmark:                      English, or understands only isolated or writing skills in any language. May at all in English and can communicate
CASAS (all): 180 and below           words or phrases.                     have little or no comprehension of     only through gestures or a few
SPL (Speaking) 0-1                                                         how print corresponds to spoken        isolated words, such as name and
SPL (Reading and Writing) 0-1                                              language and may have difficulty       other personal information; may
Oral BEST: 0-15                                                            using a writing instrument.            recognize only common signs or
BEST Plus: 400 and below                                                                                          symbols (e.g., stop sign, product
Literacy BEST: 0-7                                                                                                logos); can handle only very routine
                                                                                                                  entry-level jobs that do not require
                                                                                                                  oral or written communication in
                                                                                                                  English. There is no knowledge or
                                                                                                                  use of computers or technology.




                                                                        - 32 -

                                                                 Outcome Measure Definitions
                              EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ENGLISH -AS-A-SECOND LANGUAGE LEVELS
           Literacy Level                    Speaking and Listening                  Basic Reading and Writing            Functional and Workplace Skills
Beginning ESL                        Individual can understand frequently     Individual can recognize, read and       Individual functions with difficulty in
Test benchmark:                      used words in context and very simple write numbers and letters, but has a        situations related to immediate needs
CASAS (all): 181-200                 phrases spoken slowly and with some limited understanding of connected            and in limited social situations; has
SPL (Speaking) 2-3                   repetition; there is little              prose and may need frequent re-          some simple oral communication
SPL (Reading and Writing) 2-4        communicative output and only in the reading; can write a limited number of abilities using simple learned and
Oral BEST 16-41                      most routine situations; little or no    basic sight words and familiar words     repeated phrases; may need frequent
BEST Plus: 401-438                   control over basic grammar; survival     and phrases; may also be able to write repetition; can provide personal
Literacy BEST: 8-46                  needs can be communicated simply,        simple sentences or phrases, including information on simple forms; can
                                     and there is some understanding of       very simple messages. Can write          recognize common forms of print
                                     simple questions.                        basic personal information. Narrative found in the home and environment,
                                                                              writing is disorganized and unclear;     such as labels and product names; can
                                                                              inconsistently uses simple punctuation handle routine entry level jobs that
                                                                              (e.g., periods, commas, question         require only the most basic written or
                                                                              marks); contains frequent errors in      oral English communication and in
                                                                              spelling.                                which job tasks can be demonstrated.
                                                                                                                       There is minimal knowledge or
                                                                                                                       experience using computers or
                                                                                                                       technology.
Low Intermediate ESL                 Individual can understand simple         Individual can read simple material on Individual can interpret simple
Test benchmark:                      learned phrases and limited new          familiar subjects and comprehend         directions and schedules, signs and
CASAS (all): 201-210                 phrases containing familiar              simple and compound sentences in         maps; can fill out simple forms, but
SPL (Speaking) 4                     vocabulary spoken slowly with            single or linked paragraphs containing needs support on some documents that
SPL (Reading and Writing) 5          frequent repetition; can ask and         a familiar vocabulary; can write         are not simplified; can handle routine
Oral BEST: 42-50                     respond to questions using such          simple notes and messages on familiar entry level jobs that involve some
BEST Plus: 439-472                   phrases; can express basic survival      situations, but lacks clarity and focus. written or oral English
Literacy BEST: 47-53                 needs and participate in some routine    Sentence structure lacks variety, but    communication, but in which job
                                     social conversations, although with      shows some control of basic grammar tasks can be demonstrated. Individual
                                     some difficulty; has some control of     (e.g., present and past tense), and      can use simple computer programs
                                     basic grammar.                           consistent use of punctuation (e.g.,     and can perform a sequence of routine
                                                                              periods, capitalization).                tasks given directions using
                                                                                                                       technology (e.g., fax machine,
                                                                                                                       computer)..




                                                                           - 33 -

                                                               Outcome Measure Definitions
                              EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ENGLISH -AS-A-SECOND LANGUAGE LEVELS
           Literacy Level                    Speaking and Listening                Basic Reading and Writing             Functional and Workplace Skills
High Intermediate ESL                Individual can understand learned      Individual can read text on familiar      Individual can meet basic survival and
Test benchmark:                      phrases and short new phrases          subjects that have a simple and clear     social needs, can follow some simple
CASAS (all): 211-220                 containing familiar vocabulary spoken underlying structure (e.g., clear main     oral and written instruction and has
SPL (Speaking) 5                     slowly and with some repetition; can   idea, chronological order); can use       some ability to communicate on the
SPL (Reading and Writing) 6          communicate basic survival needs       context to determine meaning; can         telephone on familiar subjects; can
Oral BEST: 51-57                     with some help; can participate in     interpret actions required in specific    write messages and notes related to
BEST Plus: 473-506                   conversation in limited social         written directions, can write simple      basic needs; complete basic medical
Literacy BEST: 54-65                 situations and use new phrases with    paragraphs with main idea and             forms and job applications; can handle
                                     hesitation; relies on description and  supporting detail on familiar topics      jobs that involve basic oral
                                     concrete terms. There is inconsistent  (e.g., daily activities, personal issues) instructions and written
                                     control of more complex grammar.       by recombining learned vocabulary         communication in tasks that can be
                                                                            and structures; can self and peer edit    clarified orally. The individual can
                                                                            for spelling and punctuation errors.      work with or learn basic computer
                                                                                                                      software, such as word processing;
                                                                                                                      can follow simple instructions for
                                                                                                                      using technology.




                                                                         - 34 -

                                                                 Outcome Measure Definitions
                               EDUCATIONAL FUNCTIONING LEVEL DESCRIPTORS—ENGLISH -AS-A-SECOND LANGUAGE LEVELS
             Literacy Level                   Speaking and Listening                Basic Reading and Writing            Functional and Workplace Skills
Low Advanced ESL                      Individual can converse on many         Individual is able to read simple       Individual can function independently
Test benchmark:                       everyday subjects and some subjects     descriptions and narratives on familiar to meet most survival needs and can
CASAS (All): 221-235                  with unfamiliar vocabulary, but may     subjects or from which new              communicate on the telephone on
SPL (Speaking) 6                      need repetition, rewording or slower    vocabulary can be determined by         familiar topics; can interpret simple
SPL (Reading and Writing) 7           speech; can speak creatively, but with context; can make some minimal           charts and graphics; can handle jobs
Oral BEST 58-64                       hesitation; can clarify general         inferences about familiar texts and     that require simple oral and written
BEST Plus: 507-540                    meaning by rewording and has control compare and contrast information           instructions, multi-step diagrams and
Literacy BEST: 66 and above           of basic grammar; understands           from such texts, but not consistently.  limited public interaction. The
                                      descriptive and spoken narrative and    The individual can write simple         individual can use all basic software
                                      can comprehend abstract concepts in     narrative descriptions and short essays applications, understand the impact of
                                      familiar contexts.                      on familiar topics, such as customs in  technology and select the correct
                                                                              native country; has consistent use of   technology in a new situation.
                                                                              basic punctuation, but makes
                                                                              grammatical errors with complex
                                                                              structures.
High Advanced ESL                     Individual can understand and           Individual can read authentic           Individual has a general ability to use
Test benchmark:                       participate effectively in face-to-face materials on everyday subjects and      English effectively to meet most
CASAS (All): 236-245                  conversations on everyday subjects      can handle most reading related to life routine social and work situations; can
SPL (Speaking) 7                      spoken at normal speed; can converse roles; can consistently and fully          interpret routine charts, graphs and
SPL (Reading and Writing) 8           and understand independently in         interpret descriptive narratives on     tables and complete forms; has high
Oral BEST 65 and above                survival, work and social situations;   familiar topics and gain meaning from ability to communicate on the
BEST Plus: 541-598                    can expand on basic ideas in            unfamiliar topics; uses increased       telephone and understand radio and
                                      conversation, but with some             control of language and meaning-        television; can meet work demands
Exit Criteria: SPL 8 (BEST Plus 599   hesitation; can clarify general         making strategies to gain meaning of    that require reading and writing and
and higher)                           meaning and control basic grammar,      unfamiliar texts. The individual can    can interact with the public. The
                                      although still lacks total control over write multiparagraph essays with a      individual can use common software
                                      complex structures.                     clear introduction and development of and learn new applications; can define
                                                                              ideas; writing contains well formed     the purpose of software and select
                                                                              sentences, appropriate mechanics and new applications appropriately; can
                                                                              spelling, and few grammatical errors.   instruct others in use of software and
                                                                                                                      technology.

Source: U.S. Department of Education, Office of Vocational and Adult Education.




                                                                           - 35 -

What does federal law require today?

This guidance has been rescinded. Ezel checks current federal labor law as it stands now and answers your situation with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace