NORTH CAROLINA DEPARTMENT OF COMMERCE-DIVISION OF WORKFORCE SOLUTIONS

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1 NORTH CAROLINA DEPARTMENT OF COMMERCE-DIVISION OF WORKFORCE SOLUTIONS DWS BULLETIN DATE: November 17, 2014 TO: FROM: SUBJECT: Workforce Development Board Directors DWS Staff Danny Giddens, Executive Director of Operations Workforce Investment Act Eligibility Overview MESSAGE: The federal Workforce Investment Act (WIA) of 1998 and the WIA Regulations remain in effect until June 30, As a companion to Division of Workforce Solutions Policy Statement Number PS , attached is information on WIA services and eligibility to assist in conducting WIA programs. Please share with NCWorks Career Centers staff and others, as appropriate. Contact Division of Workforce Solutions Field Services Program staff for assistance or additional information. 1 October 2014

2 Workforce Investment Act Eligibility Overview The federal Workforce Investment Act (WIA) of 1998 and WIA Regulations remain in effect until June 30, 2015, and the following WIA services descriptions and eligibility information are to be followed: The Workforce Investment Act (WIA) establishes three levels of services for Adults and Dislocated Workers: core, intensive, and training. WIA eligibility determination is required when a jobseeker needs intensive services to obtain or retain employment. As a jobseeker moves through the service levels, additional requirements must be met to show that the jobseeker is appropriate for the next level of service. All jobseekers are eligible to receive core services. Intensive services are available to unemployed jobseekers who have been unable to obtain jobs through core services and to those who are employed but need additional intensive services to reach self-sufficiency. Training services are available for those jobseekers who have been unable to find employment through intensive services. Under North Carolina s Integrated Services Delivery System, all core participants must be registered in WIA and Wagner-Peyser (W/P) in NCWorks Online. 1. Core Services: Self-service or informational core services are designed to inform and educate individuals about the labor market, their employment strengths, weaknesses, and the range of services appropriate to their situation. These services are informational in nature and do not require eligibility determination. However, staff will request the jobseeker s proof of age and citizenship, which can be confirmed by utilizing a driver s license. Examples of self-service or informational core services include: Accessing information and tools at NCWorks Career Centers or from an electronic location; Obtaining instructions on how to use NCWorks resources; Posting a resume or application; and Applying for a job. Staff-assisted core services that go beyond self-service are individualized and are provided on a oneto-one basis or in small groups with the assistance of a NCWorks career center staff member. These services normally are provided after jobseekers have utilized self-services, and are tailored to their needs. Examples of staff-assisted core services include: Staff-assisted job development (working with employers and jobseekers); Staff-assisted workshops and job clubs; Staff-assisted job search, job referral, and career counseling; Staff-assisted assessment, job placement assistance, and other services such as testing and background checks; Staff-assisted skill advancement for employment including: 2 October 2014

3 o Unpaid internships o Cross-Occupational basic skill advancement o Skill preparation for pre-employment testing o Computer applications (examples: EXCEL, WORD, CAD, PPT) o Key sector skills: examples: Cardiopulmonary Resuscitation (CPR) skills, Inventory, Food Safety, Cash Register Basics, Manufacturing Certification, Occupational Safety and Health Administration (OSHA) courses The above examples of activities are not occupation specific and do not have direct WIA expenditure assigned to any specific individual participant, but rather, are Product Box services that are offered on a regular basis and customers are invited to attend, as appropriate. 2. Intensive Services are staff-assisted job search and occupational development services. Intensive services are provided through direct interaction with staff. The intensive services level is geared to provide more in-depth job search and career management assistance to eligible Adults and Dislocated Workers. Eligibility determination for specific services is required before a jobseeker may receive intensive services. Examples of intensive services include: Interest and aptitude testing, such as placement testing, diagnostic testing and interviewing; Development of Individual Employment Plans, including evaluation of employment barriers, to achieve employment goals; Group counseling; Individual counseling and career planning; Short-term prevocational services; Adult literacy, basic skills, or general educational development (GED) preparation; and Paid or unpaid work experience. 3. Training Services provide job training funds associated with approved training programs. Training services are provided through a cooperative planning process between eligible participants and staff. Eligible Adults and Dislocated Workers needing training services will have access to training provider information for making an informed training choice. WIA funds must be coordinated with other resources, such as Trade Adjustment Assistance (TAA) and federal Pell Grants. Eligibility determination for specific services is required before a jobseeker may receive funds for training services. Examples of training services include: Occupational skills training; On-the-job training (OJT); Workplace training and cooperative education; Employed worker skills upgrading/retraining; Entrepreneurial training; Adult education provided in combination with occupational skills training; and Customized training. 3 October 2014

4 Priority of Service Veterans and Eligible Spouses, Public Assistance Recipients, and Other Low-Income Individuals Staff determining WIA eligibility are to be aware of and follow local Priority of Service policies. WIA Regulations Section (a)(11) requires that the Local Area Plan provide a description of the criteria to be used by the Governor and the local Workforce Development Board to determine if funds allocated to a Local Area for adult employment and training activities under WIA Sections 133(b)(2)(A) or (3) are limited and the process by which any priority will be applied by the One-Stop operator. Generally, priority issues only become a concern for WIA purposes when training opportunities are limited or when funds are determined by the local Workforce Development Board to be in short supply. Each local Workforce Development Board must have established criteria by which the Local Area can determine if funds allocated to the Local Area for adult employment and training activities under WIA Sections 133(b)(2)(A) or (3) are limited, and the process by which any priority of service for low-income individuals and public assistance recipients will be applied in the Local Area. Criteria for determining the availability of funds may include the availability of other funds for providing employment and training related services in the Local Area, the needs of specific groups within the Local Area, and other appropriate factors. In 1997, North Carolina s General Assembly enacted legislation that mandates the provision of priority of service for veterans in state and federally-funded employment and job training programs. The priority of service requirement for veterans is mandated by North Carolina legislation; therefore, it will apply regardless of Local Workforce Development Board policy on priority of service. Priority of service does not preclude service to individuals who are not low-income or not receiving public assistance, or who are not veterans, but rather establishes the order of precedence for service as provided at WIA Section 134(d)(4)(E). WIA Adult Eligibility Requirements Adults must meet basic eligibility requirements and any service priority criteria established by the local Workforce Development Board. Adults must be 18 years of age or older; Be a U.S. citizen or other eligible person; and Be compliant with Selective Service registration requirements, if applicable (refer to U.S. Department of Labor Training Employment and Guidance Letter No , Change 2). Note: Individuals granted relief under the Deferred Action for Childhood Arrival (DACA) Initiative may be served if they meet the guidelines set forth in U.S. Department of Labor Training and Guidance Letter No October 2014

5 WIA Dislocated Worker Eligibility Requirements WIA Dislocated Worker services are designed to meet employer needs by helping jobseekers upgrade skills, obtain employment, improve job retention, and increase earnings. The WIA Dislocated Worker Program offers employment and training services for eligible workers who are unemployed, through no fault of their own, or have received an official layoff notice. The phrase through no fault of your own means that the individual must not be unemployed as a result of quitting his/her job or being rightfully fired. Examples of Dislocated Worker eligibility circumstances are posted to the NCWorks Online Staff Online Resources Section s Frequently Asked Questions. To qualify for services as a Dislocated Worker, jobseekers must satisfy the basic WIA Adult eligibility requirements and meet at least one of the Dislocated Worker categories. Workforce Investment Act of 1998 Section 101 Definitions (9) DISLOCATED WORKER The term Dislocated Worker means an individual who - (A)(1) has been terminated or laid off, or who has received notice of termination of layoff, from employment; (ii)(i) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a One- Stop Center referred to in Section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to previous industry or occupation; (B)(i) has been terminated or laid off, or has received notice of termination or layoff, from employment as a result of permanent closure of, or substantial layoff at, a plant, facility or enterprise; (ii) is employed at a facility which the employer has made a general announcement that such facility will close within 180 days; or (iii) for purposes of eligibility to receive services other than training services described in Section 134(d)(4), intensive services described in Section 134(d)(3), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; (C) was self-employed (including employment as a farmer, a rancher, or a fishermen) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or (D) is a Displaced Homemaker. (10) DISPLACED HOMEMAKER The term Displaced Homemaker means an individual who has been providing unpaid services to family members in the home and who (A) has been dependent on the income of another family member but is no longer supported by that income; and (B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. Notes: 1) Individuals granted relief under the Deferred Action for Childhood Arrival (DACA) Initiative may be served if they meet the guidelines set forth in U.S. Department of Labor Training and Guidance Letter No October 2014

6 2) Individuals must be compliant with Selective Service registration requirements (refer to U.S. Department of Labor Training Employment and Guidance Letter No , Change 2). Military Personnel Priority: If the individual is either a military service member who is not retiring, but is being honorably discharged due to special circumstances, or a qualifying military spouse, the individual must be given priority over nonveteran dislocated workers. (Refer to U.S. Department of Labor Training and Guidance Letter Nos , 22-04). Separating military personnel must: Be discharged under conditions other than dishonorable, whether voluntarily or involuntarily; Be non-retirees; and Satisfy other WIA criteria for Dislocated Worker eligibility, including the requirement that the individual is unlikely to return to his or her previous industry or occupation. A military spouse must: Leave a job to follow his or her spouse who is a military service member; or Be unable to continue employment because of his or her spouse s change of military station, or Lose employment as a result of his or her spouse s discharge from the military; and Satisfy other WIA criteria for Dislocated Worker eligibility, including the requirement that the spouse is unlikely to return to his or her previous industry or occupation. WIA Youth Eligibility Requirements Youth are required to meet the basic WIA eligibility requirements. The applicant must be: 1) Between ages 14 through 21; 2) A low-income individual; and 3) Possess one or more of the barriers listed below: Deficient in Basic Literacy Skills School Dropout (Youth who are homeschooled are not dropouts) Homeless, Runaway, or Current Foster Youth Pregnant or Parenting Offender Requires additional assistance to complete an educational program, or to secure employment Notes: 1) Individuals granted relief under the Deferred Action for Childhood Arrival (DACA) Initiative may be served if they meet the guidelines set forth in U.S. Department of Labor Training and Guidance Letter No ) Male Youth who turn 18 while enrolled in WIA must complete their military Selective Service registration within 30 days after their 18 th birthday to continue receiving WIA services. 6 October 2014

7 5% Youth Category At a local Workforce Development Board s discretion, up to 5% of the Youth who do not meet the low-income requirement, may still receive WIA services. Youth must be deemed eligible based upon at least one of the following categories: 1) School Dropout 2) Basic Skills Deficient 3) Below Grade Level 4) Pregnant or Parenting 5) Disabled (includes learning disabilities) 6) Homeless or Runaway 7) Offender 8) Faces serious barriers to employment as identified by local Workforce Development Board policy 7 October 2014