Policy Update
Summarizing recent laws and federal regulations
December 2002 • Vol. 1, Issue 2
Youth with Disabilities and the Workforce Investment Act of 1998
On August 7, 1998, President Clinton signed into law the Workforce Investment
Act of 1998 (WIA) (P.L. 105-220). WIA creates a comprehensive job training
system that consolidates a variety of federally funded programs into a
streamlined process that allows individuals to easily access essential job
training and employment services. Also, because the law includes provisions for
more local control, WIA assists employers in accessing skilled workers. The
purpose of this Policy Update is to present key aspects of the statutory
language of Title I of WIA and describe its potential implications for youth
with disabilities as they prepare for the transition from school to employment
and adult life as described in Sections 126-129 of Chapter 4 Youth Activities.
WIA will undergo reauthorization this year. For more information, or to make
comments on reauthorization issues, visit http://www.doleta.gov/usworkforce.
Purpose of WIA
The purpose of WIA is to establish a new, comprehensive workforce investment
system that is customer focused, allows individuals to manage their careers, and
helps employers locate competent employees. WIA calls for a major restructuring
and significant systemic changes that facilitate the creation of a high-quality,
workforce investment system that enables all individuals to prepare for and
enter the workplace. As stated in Section 106, the purpose of Subtitle B
Statewide and Local Workforce Investment Systems is to: Provide workforce
investment activities through statewide and local workforce investment systems
that increase the employment, retention, and earnings of participants, and
increase occupational skill attainment by participants, and, as a result,
improve the quality of the workforce, reduce welfare dependency, and enhance the
productivity and competitiveness of the Nation.
WIA clearly includes individuals with disabilities as eligible for services
provided under Title I. As further referenced in:
- Section 112 (b) (17) (A) (iv) how the State will serve the employment and
training needs of dislocated workers (including displaced homemakers),
low-income individuals (including recipients of public assistance),
individuals training for nontraditional employment, and other individuals with
multiple barriers to employment (including older individuals and individuals
with disabilities); and in
- Section 136 (d) (2) (F) performance with respect to the indicators
performance specified in subsection (b) (2) (A) of recipients of public
assistance, out-of-school youth, veterans, individuals with disabilities,
displaced homemakers, and older individuals.
These statements emphasize WIA' s specific purposes in addressing the high
unemployment rate of traditionally underserved populations, including
individuals with disabilities. WIA emphasizes the importance of streamlining
services in an integrated system. It is Congress' intent, as outlined in Section
106 of WIA, that states and localities develop and implement workforce
investment systems which fully include and accommodate the needs of individuals
with disabilities.
Because the focus is on inclusion, WIA promotes a philosophy of service
delivery that is consistent with the Americans with Disabilities Act (ADA). WIA
requires that services be provided in the most integrated setting possible. The
nondiscrimination and reasonable accommodation provisions of the ADA are
strongly echoed in WIA. WIA also emphasizes universally accessible services
which are open to all. By creating a system that accommodates individuals with
disabilities within the mainstream services, workforce investment systems will
become more available to all individuals. For youth with disabilities, WIA
includes individualized service and access to integrated education opportunities
as key components, similar to those found in the Individuals with Disabilities
Education Act (IDEA). Both Acts include specific provisions for preparing for
the transition from school to employment (see Figure 1: Interrelationship of
Transition Service Requirements of IDEA and WIA).
WIA Titles
The Workforce Investment Act of 1998 is comprised of five titles: Title I --
Workforce Investment Systems; Title II -- Adult Education and Literacy; Title
III -- Workforce Investment-Related Activities; Title IV -- Rehabilitation Act
Amendments of 1998; Title V -- General Provisions. The purpose of Title II is to
help adults become literate so they may gain the necessary skills for
employment, assist in their children's educational development, or complete
secondary school. Title III describes the amendments to the Wagner-Peyser Act
(29 U.S.C. 49j). Title IV explains amendments to the Rehabilitation Act of 1998.
Title V illustrates the general provisions of the Workforce Investment Act such
as the state unified plan, indicators of performance, incentive grants, and
transition provisions. This Policy Update focuses on Title I only.
Workforce Investment Systems (Title I)
The goal of WIA is to create a seamless system by consolidating services into
a one-stop service delivery model. Under WIA, individuals may access training,
employment, and other human resources-related services at one location. Separate
programs exist for youth and adults. Youth are defined as individuals ages
14-21. However, because adult services begin at age 18, older youth (ages 18-21)
may access services from either the youth or adult program funds or from both
simultaneously. The one-stop service delivery system must be accessible to all
job seekers, including individuals with disabilities.
State Workforce Investment Boards (Section 111)
The structure of the new workforce investment system mandates three planning
and oversight boards at the state and local levels. Section 111 makes provisions
for state workforce investment board (WIB) membership. The state WIB must
include the governor; two members of the state senate and state house of
representatives; representatives from business, labor organizations, youth
organizations, groups with expertise in the delivery of workforce investment
activities, and elected officials; and state agency officials responsible for
one-stop services, economic development, and juvenile justice programs. State
WIB members can include persons with disabilities and/or professionals
representing organizations and agencies serving persons with disabilities. This
decision rests with governors and their staff.
The function of the state WIB is to assist the governor in generating a
five-year state plan and developing and continuously improving a one-stop
service delivery system which offers workforce development activities statewide.
The board must also develop linkages with employment and training programs
throughout the state in order to assure coordination and avoid duplication.
The state plan must include a description of how the requirements of WIA will
be implemented statewide, and it must identify performance benchmarks such as
job placement rates and earnings of trainees. The plan also requires common data
collection and reporting processes used for workforce investment activities. It
must also include a description of how the plan will meet the needs of
underserved groups (including people with disabilities) and youth, particularly
those eligible youth who are recognized as having significant barriers to
employment.
Local Workforce Investment Boards (Section 117)
Within each local area, a WIB is established to plan and oversee the local
workforce investment system. The local WIB is comprised of representatives from
businesses, trade associations, educational agencies, local school boards, labor
organizations, economic development agencies, and one-stop partners. Individuals
with disabilities and/or professionals representing organizations and agencies
serving persons with disabilities can be local WIB members. Communicating
directly with local WIB chairs to inform them of the importance of including
members with disabilities may result in achieving WIB membership. The majority
of board members must represent local business.
The function of the local WIB is to develop and submit a local plan to the
governor, select One-Stop service delivery operators, choose youth providers,
identify eligible providers of training services, and identify eligible
providers of intensive services. These local boards must submit to the governor
a five-year plan, based on local circumstances, that outlines their strategies
to meet the requirements of WIA.
The local plan must be consistent with the state plan and must include
current and projected labor market information, the required job skills to meet
local employment opportunities, and a plan for developing and continuously
improving the local One-Stop service delivery system.
Youth Council (Section 117 (h))
WIA mandates the establishment of a youth council as a subgroup within each
local board. A youth council is established as a subgroup of the local WIB, in
cooperation with the chief elected official. Youth councils consist of local
board members with expertise in youth policy, representatives of youth service
agencies, local public housing authorities, parents of eligible youth, Job Corps
staff, and representatives of organizations that have experience relating to
youth activities.
The function of the youth council is to develop the portions of the local
plan related to youth, recommend eligible providers of youth activities, oversee
eligible providers of youth activities in the local area, coordinate youth
activities authorized under Section 129 in the local area, and conduct other
duties determined to be appropriate by the chairperson of the local board.
It is imperative that individuals who are knowledgeable about career
development and employment issues of people with disabilities seek active
representation on WIBs and youth councils. Including special educators,
rehabilitation providers, and business people who have successfully employed
individuals with disabilities, will affirm that the needs of youth are met, and
ensure that they are not segregated into "special" services for individuals with
disabilities.
Establishment of One-Stop Delivery System (Section 121)
A major feature of WIA is the establishment of a One-Stop service delivery
system for accessing employment and training services. The One-Stop system
integrates a once fragmented service-delivery system into a convenient,
comprehensive process that addresses local labor market needs. WIA requires
accountability through performance measures for One-Stop service providers.
One-Stop providers must measure completion rates, wages, placement rates in
unsubsidized employment, retention rates, and, where appropriate, the rates of
licensure or certification, and attainment of other measures of skills and
program costs (such as tuition and fees).
Consistent with the state plan, the local board must develop a memorandum of
understanding to be created with 12 required partners including but not limited
to: Job Service; adult education and literacy; vocational rehabilitation;
programs under Social Security and Temporary Assistance for Needy Families
(TANF); senior employment programs; programs under the Carl D. Perkins and
Applied Technology Education Act; veterans programs; community service block
grant employment and training programs; employment and training programs carried
out by the Department of Housing and Urban Development; and programs authorized
under state unemployment and compensation laws. The memorandum of understanding
consists of a list of services to be provided by the One-Stop partners, the cost
of such services, and a referral process for individuals seeking services
through the duration of the memorandum, and the procedures for amending it. By
including agencies such as vocational rehabilitation and programs under the
Social Security Administration, improved opportunities exist for broader levels
of collaboration among the agencies cited than ever before. The One-Stop system
also provides improved access to information, expanded customer choice, and
integrated services offering a variety of employment training and education
programs provided by multiple partners.
Employers will also experience benefits from the One-Stop system. By
consolidating services at the One-Stop center, employers have a focal point for
recruitment, thus minimizing the competition for employer involvement that
existed in a previously uncoordinated service system. The One-Stop system also
reduces the amount of time and energy employers spend on identifying local
agencies, the population they serve, and whether to recruit from that agency.
Section 134
Section 134 mandates that One-Stop services be provided, at a minimum, at one
physical center in each local area of the state. Services may also be provided
through a network of affiliated sites that can provide one or more of the
programs, services and activities to individuals, and through a network of
One-Stop partners.
Three categories of services are available through One-Stop centers. These
services are available to adults who are defined as ages 18 and older:
- Core services are available to adults and dislocated workers and include
the following activities: eligibility determination; intake and orientation;
skill, aptitude, and ability assessment; job search and placement assistance;
provision of labor market information; provision of performance information of
eligible one-stop providers; referral information; and follow up services.
Youth ages 14-17 are not eligible for core services.
- Intensive services are available to adults and dislocated workers who are
unable to find employment using the core services and who meet specific
eligibility requirements. Intensive services may include the following:
comprehensive and specialized assessment of skills, development of an
individual employment plan, individual or group counseling, case management,
and short-term prevocational services. Youth ages 14-17 are not eligible for
intensive services.
- Training services are available to adults and dislocated workers who are
eligible for intensive services, but have been unable to obtain employment.
Training services may include: occupational skills training, on-the-job
training, workplace training combined with related instruction, training
programs operated by the private sector, skill upgrading, job readiness
training, adult education and literacy, and customized training for employers
who hire one-stop customers. Eligible individuals access these services
through individual training accounts. Eligible individuals are provided with
vouchers in order to select the training provider that best meets their needs.
Priority is given to recipients of public assistance and other low-income
individuals for intensive services and training services. Training services
must be linked to occupations in demand in the local area or in another area
in which the job seeker is willing to relocate. Youth ages 14-17 are not
eligible for training services.
Because older youth (ages 18-21) are eligible for core, intensive, and
training services, they have increased access to comprehensive career
counseling, job search assistance, and skill building opportunities. WIA
programs create lifelong access to career development assistance in that these
services are not only available at the time of transition, but eligible
individuals may tap into these services throughout their adult lives.
Youth Activities Chapter 4 (Sections 126-129)
In addition to providing streamlined services for adults, WIA prepares
eligible youth for postsecondary education and unsubsidized employment, offers
strong linkages between academic and occupational learning, and creates
connections with local and regional employers. Section 129 describes the
following key principles which each local youth program must address: provide
activities for improving educational and skill competencies and provide
effective connections to employers; ensure ongoing mentoring opportunities for
eligible youth with committed adults; provide opportunities for training for
eligible youth; provide incentives for recognition and achievement for eligible
youth; provide opportunities for eligible youth in activities related to
leadership, development, decision-making, citizenship, and community
service.
Section 129 states that funds allocated to a local area for eligible youth
must--
a. provide an objective assessment of the academic levels, skill levels, and
service needs of each participant, which assessment shall include a review of
basic skills, occupational skills, (including interests and aptitudes for
nontraditional jobs), supportive service needs, and developmental needs of such
participants, except that a new assessment of a participant is not required if
the provider carrying out such a program determines it is appropriate to use a
recent assessment of the participant conducted pursuant to another education or
training program;
b. develop service strategies for each participant that shall identify an
employment goal (including in appropriate circumstances, nontraditional
employment), appropriate achievement objectives, and appropriate services for
the participant taking into account the assessment conducted pursuant to
subparagraph (a), except that a new service strategy for a participant is not
required if the provider carrying out such a program determines it is
appropriate to use a recent service strategy developed for the participant under
another education or training program; and
c. provide--
- (1) preparation for postsecondary educational opportunities in appropriate
cases;
- (2) strong linkages between academic and occupational learning;
- (3) preparation for unsubsidized employment opportunities, in appropriate
cases; and
- (4) effective connections to intermediaries with strong links to
- (i) the job market; and
- (ii) local and regional employers.
WIA youth programs consist of 10 key service elements: tutoring, study skills
training, and instruction leading to completion of secondary school, including
dropout prevention strategies; alternative secondary school services; summer
employment opportunities that are directly linked to academic and occupational
learning; paid and unpaid work experiences, including internships and job
shadowing; occupational skill training; leadership development opportunities,
which may include community service and peer-centered activities encouraging
responsibility and other positive social behaviors during non-school hours;
supportive services; adult mentoring for the period of participation and a
subsequent period, for a total of not less than 12 months; follow-up services
for not less than 12 months after the completion of participation, as
appropriate; and comprehensive guidance and counseling, which may include drug
and alcohol abuse counseling and referral.
Services are provided to youth who meet the income eligibility criteria. Five
percent of program funds may be used for youth who are not low-income, but meet
other eligibility criteria such as individuals with disabilities (including
learning disabilities), individuals who are homeless, runaway youth, or
individuals who are legal offenders. At a minimum, 30% of funds for youth
activities must be used for out-of-school youth.
The requirement to provide preparation for postsecondary education and
unsubsidized employment and create linkages between academic and occupational
learning indicates the strong intersection between WIA's and IDEA's transition
goals. Both Acts serve youth ages 14-21, however, under IDEA, students with
disabilities become ineligible for services upon graduation with a regular high
school diploma, or by exceeding the age eligibility for FAPE (free appropriate
public education) under State law. WIA also takes into account that some
students may have completed recent assessments at another education or training
program (e.g. the Individual Education Program/transition goals). Under IDEA,
transition services may be provided by the education agency or by agencies
outside the school. IDEA promotes a shared responsibility for providing
transition services, some of which may be obtained under WIA-funded programs
(See Figure 1).
In addition to having a strong intersection with IDEA's transition goals,
WIA-sponsored youth program models offer youth with disabilities additional
resources for making the transition from secondary education to postschool
environments. Since vocational rehabilitation is one of the central components
of WIA's workforce investment system, these services will be available via the
One-Stop centers, often through co-location. The degree to which services are
available will vary across states and local communities. Also, because many
One-Stop centers will include disability service providers as partners, there
will be an opportunity to link youth to these services not only at the time of
their transition from school, but anytime in their adult life. Core services are
available to anyone ages 18 and older. Youth with disabilities may seek
assistance without waiting for eligibility determination or designated program
referrals, and without disclosing their disability. This greatly reduces the
stigma that many youth with hidden disabilities may experience when accessing
segregated services.
Figure 1: Interrelationship of the Transition Service Requirements of
Title I of WIA and IDEA
|
WIA Youth Provisions (Ages 14-21) |
IDEA Amendments (Ages 14-21) |
| School Status |
*In- or out-of-school youth. |
*In-school youth; eligibility ends upon graduation with a regular high
school diploma; and ends at age 21 unless inconsistent with State law or
practice. |
| Educational Services |
*Tutoring, study skills training, and instruction, leading
to completion of secondary school, and including dropout prevention
strategies.
*Alternative secondary school services.
*Leadership development opportunities, which may include community
service and peer-centered activities encouraging responsibility and other
positive social behaviors during non-school hours.
*Supportive services. |
*Includes instruction; related services; community experiences; the
development of employment and other postschool adult living objectives;
and, if appropriate, acquisition of daily living skills and functional
vocational evaluation.
*Annual planning and review meetings; assessment of students' needs and
interests.
*Beginning at age 14 (or younger if determined appropriate by the IEP
team), the IEP must include a statement of transition service needs of the
student that focuses on the student's courses of study (such as
participation in advanced-placement courses or a vocational education
program). |
| Workforce Preparation |
*Summer employment opportunities that are directly linked
to academic and occupational learning.
*Paid and unpaid work experiences, including internships and job
shadowing.
*Occupational skills training. |
*Development of employment and other postschool adult
living objectives based on students' interests. |
| Other Related Services |
*Adult mentoring for the period of participation and
subsequent period, for a total of not less than 12 months.
*Follow-up services for not less than 12 months after the completion of
participation as appropriate.
*Comprehensive guidance and counseling, which may include drug and
alcohol abuse counseling and referral, and career counseling.
*Intake and orientation.
*Initial assessment.
*Job search and placement assistance.
*Determination of eligibility for additional services. |
*Provision of related services to achieve transition goals.
*Beginning at age 16 (or younger, if determined appropriate by the IEP
team), a statement of needed transition services for the student,
including, if appropriate, a statement of the interagency responsibilities
or any needed linkages.
*Student participation is required in the development of transition
plans. |
Performance Accountability
A key component of WIA is performance accountability. The performance
accountability system assesses the effectiveness of state and local areas in
achieving continuous improvement of workforce investment activities in order to
optimize the return on investment of Federal funds in such activities (Section
136 (a)). There are separate sanctions for states failing to meet state
performance measures and local areas failing to meet local performance measures.
States that fail to meet state performance measures may request technical
assistance in developing a performance improvement plan. If such failure
continues for a second consecutive year, the state's grant may be reduced by not
more than five percent for the next program year. If the local area fails to
meet its local performance measures, it may also request technical assistance in
developing a performance improvement plan. If the failure continues for a second
consecutive year, the governor may request a reorganization plan in which a new
local board would be appointed and certified, participation of eligible
providers and One-Stop partners who are achieving a poor level of performance
could be prohibited, or other actions may be taken as appropriate. A local area
that is subject to a reorganization plan may appeal to the governor no later
than 30 days after receiving the reorganization plan notice.
There are also separate indicators of performance for youth and adults. Core
indicators of performance for adults, dislocated workers, and older youth (ages
19-21) consist of the following: entry into unsubsidized employment; retention
of and earnings received from unsubsidized employment six months after entry;
and educational skill attainment documented through a recognized credential for
those who enter unsubsidized employment or, for youth (ages 19-21), the
attainment of a recognized credential such as a high school diploma or
equivalent for those entering postsecondary education or advanced training as
well as unsubsidized employment.
Core indicators of performance for youth (ages 14-18) include the attainment
of basic skills and work readiness or occupational skills; attainment of
secondary school diplomas and their recognized equivalents; placement and
retention in postsecondary education or advanced training; or placement and
retention in military service, employment or qualified apprenticeships.
Additional measures include customer satisfaction indicators or other measures
identified in the state plan.
According to Section 136 (d) (1) each state that receives WIA funds
must--
- annually prepare and submit a report on the progress of the state in
achieving state performance measures, including information on the levels of
performance achieved by the state with the core indicators of performance and
the customer satisfaction indicator.
Job Corps (Section 141)
In addition to WIA youth programs, Job Corps continues to serve youth as a
separate program. Job Corps enrollees must be low income individuals who have
one or more of the following characteristics: basic skills deficiency; a school
dropout; homeless, runaway, or foster child; a parent; or an individual who
requires additional education, vocational training, or intensive counseling and
related assistance in order to participate successfully in regular schoolwork or
to secure and hold employment.
To be eligible to enroll in Job Corps, individuals must be between the ages
of 16 and 21 on the date of enrollment, however, a stipulation in Section 144
states that not more than 20% of enrollees may be between the ages of 22 and 24.
Section 144 (1) (B) includes a special provision that the maximum age limitation
may be waived for individuals with disabilities. Individuals may not enroll in
Job Corps for longer than two years except when authorized as special cases. Job
Corps provides enrollees with a supervised program of education, vocational
training, work experience, recreational activities, physical rehabilitation and
development, and counseling. Each enrollee has access to the one-stop core
services and intensive services (Section 148 (a) (1)). Job Corps enrollees may
also access education and vocational training, continued services such as
counseling, and childcare. Each enrollee receives counseling and testing at
specified times to measure progress in Job Corps-sponsored education and
vocational training programs. Job Corps enrollees and graduates may also receive
personal or readjustment allowances as deemed appropriate.
Youth Opportunity Grants (Section 169)
To address the specific challenges of youth in high poverty areas, WIA has
allocated money for youth opportunity grants. Youth opportunity grants are to be
used to increase the long-term employment of youth who live in empowerment
zones, enterprise communities, and high-poverty areas. Youth residing in the
target communities are eligible to be served by these grants regardless of
family income. Eligible youth served under Youth Opportunity Grants must be
between the ages of 14 and 21 at enrollment, reside in the target area, be a
legal U.S. citizen, and males age 18 or older must be registered as required
under the Selective Service Act. Grantees must ensure that all parts of their
projects allow for equal access and full participation of youth with
disabilities. As well, targeted outreach must be undertaken by the grantee to
ensure that all eligible youth with disabilities are served. As part of the
implementation plan, grantees must specify how they will provide outreach
services to recruit youth with disabilities and how they guarantee access to
program services.
Nondiscrimination (Section 188)
WIA prohibits discrimination based on disability, age, gender, race, color,
national origin, political affiliation or belief, and WIA program participant
status or citizenship (Section 188 (a)(2) (4) (5). This regulation applies to
any recipient of funding under Title I, including state-level agencies that
administer, or are financed in whole or in part with WIA Title I funds, state
and local workforce investment boards, and local WIA grant recipients. As well,
one-stop operators, service providers, and on-the-job training employers are
bound by this regulation. The regulation also applies to the programs and
activities that are part of any aspect of one-stop service delivery.
In order to meet both the principle of universal access and the requirements
of nondiscrimination, workforce investment systems will need to insure that
expertise in disability management and transition for youth with disabilities is
available to them. In addition to ensuring that state and local WIBs and Youth
Councils have active disability representation and include disability service
providers as one-stop center partners, it is imperative that WIA-funded, program
staff receive ongoing training and technical assistance on disability issues in
order to effectively serve youth with disabilities. It is also important to
identify and acknowledge employers and other community resources who have
successfully included youth with disabilities in their operations. By providing
the necessary supports, WIA-funded programs will have the capacity to serve
youth with disabilities within mainstream programs.
Conclusion
WIA, through the one-stop system and youth services, considerably expands the
resources available to youth with disabilities. It also offers the promise of a
more inclusive system that builds determination of accommodation needs into
mainstream workforce investment services, thus reducing the stigma people with
disabilities often feel when they are singled out by receiving services in a
separate location. WIA also extends the reach of employment and training
programs that are designed to address the specific needs of individuals with
disabilities.
The concepts of universal design and individual empowerment have been
benchmarks of disability legislation for the past two decades. The fact that
these concepts are so heavily embedded in the new workforce investment system
suggests a new common ground for transition initiatives targeted for youth with
disabilities and mainstream workforce development activities. The involvement of
youth with disabilities in this mainstream system further promotes cross-agency,
cross-program, and cross-disciplinary models that can lead to improved levels of
service coordination, collaboration, and improved transition planning for all
youth.
This Policy Update was prepared by NCSET staff at the University of Minnesota and
TransCen, Inc.
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