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NASWA Bulletin - April 6, 2015

In This Issue:

 

 

Workforce Innovation and Opportunity Act (WIOA) Draft Regulations Released

On Thursday, April 2, draft regulations to implement the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128, were posted to the Federal Register website.  WIOA is the first update to the nation’s workforce training programs since the Workforce Investment Act (WIA) 16 years ago. The draft regulations -- known as Notices of Proposed Rulemaking (NPRMs) -- are in five parts -- each addressing different aspects of the law.  All five NPRMs are available for public inspection at this time prior to publication in the Federal Register on April 16, 2015.

The NPRM’s are as follows:

Description:  This NPRM, developed jointly by the Departments of Education (ED) and Labor (DOL), implements the jointly-administered activities authorized by Title I of WIOA. This NPRM covers the workforce development system’s six core programs administered by ED and DOL respectively, by establishing unified strategic planning requirements, common performance accountability indicators, and requirements governing the one-stop delivery system. These proposed regulations emphasize coordination and collaboration at the Federal, State, and local levels to ensure a coordinated service delivery system for job-seekers, including those with disabilities, and employers.

Description:  This NPRM, developed by DOL, implements Titles I and III of WIOA relating to the adult, dislocated worker, and youth formula programs; the State and local workforce development (formerly investment) boards; the designation of regions and local areas; local plans; the one-stop system; national programs, including Job Corps, YouthBuild, Indian and Native American programs, and Migrant and Seasonal Farmworker programs; technical assistance and evaluations; and general administrative provisions currently authorized under Title I of the Workforce Investment Act.  It also proposes to implement changes made by Title III of WIOA, which amends the Wagner-Peyser Act relating to the Employment Services and Workforce and Labor Market Information System and requires the Secretary to establish a Workforce Information Advisory Council.

Workforce Innovation and Opportunity Act; Department of Education Notices of Proposed Rulemaking:

Description:  In addition to the joint NPRM and DOL-only NPRM, the Department of Education is issuing three separate NPRMs to implement the requirements of titles II and IV of WIOA: one implementing program-specific requirements of the Adult Education and Family Literacy Act (AEFLA), as reauthorized by title II of WIOA; and two NPRMs implementing all program-specific requirements for programs authorized under the Rehabilitation Act of 1973, as amended by title IV of WIOA.

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NASWA Hosts Webinar with Intergovernmental Partners on WIOA Transition and Implementation

On Monday, March 23rd NASWA and the Intergovernmental Organizations listed above (IGOs), with support from the USDOL Employment and Training Administration, conducted a webinar, Workforce Innovation and Opportunity Act: Transition and Implementation Steps States and Local Areas Can Take - Before Proposed Rules are Published!  During the webinar, states and locals were asked how well positioned they are for implementation of WIOA.  There were over 1,400 participants (54%-states and 40%-locals) from every state, DC and 3 territories, listening to the discussion.   Key areas of concern raised by state and local participants on the call include:

  • Coordinating required planning;
  • Integrating culture and services;
  • Clear guidance;
  • One-stops: Cost sharing and procurement;
  • Career pathways for youth;
  • New employer measures; and
  • Data and performance measures.

The webinar, including presentation documents and an audio recording, may be accessed here.

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WIOA Youth Guidance Released by ETA, USDOL

On Thursday, March 26, 2015 the Employment and Training Administration of the U.S. Department of Labor released Training and Employment Guidance Letter WIOA NO. 23-14, regarding youth program transitions.  The youth program section of the WIOA statute makes significant changes compared to the WIA statute in that states are now required to spend 75 percent of PY 2015 funds on out-of-school youth (OSY), whereas previously states were required to spend the same proportion of funding on in-school-youth (ISY). 

The recently released TEGL provides for a transition period where states can demonstrate progress towards meeting the new requirements.  Specifically, ETA explains that “if [states] cannot meet the 75 percent requirement for their 2015 funds, they must demonstrate progress towards meeting the 75 percent on “Out of School Youth” minimum expenditure rate through increased expenditures on OSY compared to the previous year. The increased expenditures must be a minimum increase of 10 percentage points compared to the previous year and no lower than a 50 percent OSY expenditure rate.”

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NASWA Survey Shows Most Common Organization of Workforce Programs within State Workforce Agencies

Have you ever wondered which programs are handled by which State Workforce Agency?  The 2015 NASWA State Organizational Structure Survey shows how workforce and partner programs are organized within State Workforce Agencies across the country. 

This particular map shows that 23 states and the District of Columbia all have State Workforce Agencies that administer the same six programs: WIOA, Unemployment Insurance, Wagner-Peyser, TAA, LMI, and Veterans Affairs.  This group of states includes California, Colorado, Connecticut, Washington D.C., Florida, Georgia, Hawaii, Idaho, Iowa, Massachusetts, Mississippi, Montana, Nebraska, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, Vermont, Washington, and West Virginia.

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Keith Kelly Steps Down as Head of Veterans Employment Services at USDOL

Keith Kelly, who served as Assistant Secretary of the Veterans' Employment and Training Service (VETS) since January of 2013, recently announced he will step down at the end of May. Mr. Kelly served as the Montana Commissioner of Labor and Industry from 2005 until his appointment with the U.S. Department of Labor. From 2009 to 2010, Mr. Kelly served as the chair and vice-chair of the NASWA Veterans Affairs Committee. He also served as a member of the NASWA Board of Directors and chaired other committees. During his tenure at VETS, Mr. Kelly attended a number of the NASWA Veterans Affairs Committee meetings. He has been very supportive of Committee activities and initiatives.

"When I leave VETS, I will be 69.5, and that is enough," Kelly said in a statement. "I am leaving a good organization with every confidence it will keep moving forward. I am going back home to Montana to see how a saddle feels again."

In addition to his general duties in leading federal employment efforts for veterans, Mr. Kelly was also extremely influential in the Administration's larger effort to end veterans' homelessness by the start of 2016. The all-era veterans' unemployment rate for February is 5.3 percent, the 11th consecutive month under 6 percent and the 49th consecutive month the number has outpaced the national unemployment rate.

Replacing Mr. Kelly will require a new candidate to be nominated by the White House, and then a Senate confirmation. No candidates have been announced so far. NASWA thanks Mr. Kelly for his service and support to NASWA and for his service at VETS on behalf of veterans. NASWA wishes the very best to Keith Kelly in his retirement from a long and distinguished career.

 

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NASWA's Employment and Training and Unemployment Insurance Committees Hold Joint Meeting in Portland, Oregon

Over 65 state workforce professionals from around the country met in Portland during the last week of March, as the NASWA Employment and Training (E&T) Committee, Unemployment Insurance (UI) Committee, and the UI Interstate Benefits Subcommittee assembled to prepare for the Workforce Innovation and Opportunity Act (WIOA) and other work. Celina Bussey, Secretary of the New Mexico Department of Workforce Solutions, Chair of the UI Committee, and Pamela Szacik, Director of the New Hampshire Employment Service Bureau, Chair of the E&T Committee, led a special joint session of the UI and E&T Committees on Thursday, March 26th.

With proposed federal regulations expected to be published soon (a preliminary version is currently available here), WIOA was a main focus for committee members. Discussion during the meetings underscored the need to include all workforce partners in WIOA planning, including unemployment insurance.  Gay Gilbert, Administrator of the Office of Unemployment Insurance (USDOL/ETA) briefed members on national UI issues and participated in discussions.  Information technology for workforce programs, performance measurement and interstate benefits were also featured during the meetings. Committee materials from these meetings can be found on the NASWA website at http://www.naswa.org/  under the committees tab.

"This is a pivotal time in workforce development," said Scott Sanders, Executive Director of NASWA. "The work of these committees will help all states work together to share information, recommendations and best practices." 

 

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Equal Opportunity Committee Meets in Oklahoma City, Oklahoma

NASWA's EO Committee met in Oklahoma City, Oklahoma, on March 12-13. During the one and-a-half days, EO Committee Chair Richard McPherson led members through an agenda that included discussions about planning for an EO national training conference in 2016, a review of the survey report from the national training conference in 2014, sharing best practices with a highlight on Oklahoma's practice on accessibility (a collaboration between Employment Security and Public Vocational Rehabilitation Services), plans and challenges with the Workforce Innovation and Opportunity Act (WIOA), and other topics. Also, members met (via teleconference) with federal partners from the Office of Disability Employment Policy (ODEP) and the Civil Rights Center (CRC). The next in-person meeting is planned to be held in Washington, DC, in late summer.

 

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2015 Trust Fund Solvency Report Released

On March 12 the USDOL/ETA Office of Unemployment Insurance released the 2015 Trust Fund Solvency Report. The report features a state-by-state analysis of trust fund solvency, including balances and a trust fund solvency measure based upon an average high cost multiple. Only 17 states meet the US DOL guidelines for solvency levels. Even though total national trust fund debt has declined steadily in the last five years, from over $40 billion in 2010 to $22 billion in 2014, nine states and one territory still carried significant loan balances as of January 1, 2015.  Eight states are listed as potentially having a FUTA credit reduction in 2015 and 27 states are ineligible for interest free loan advances this year. The report also reviews private loans used to repay trust fund debt, both nationally and by state. Private debt now represents 39% of total state UI debt.

 

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Department of Education Announces New Awards for Data Systems Projects

On March 12 the United States Department of Education announced a new funding opportunity to State Educational Agencies (SEAs) to design, develop, and implement Statewide Longitudinal Data Systems Program (SLDS) projects. Awards are estimated to be in the $1 to $7 million range with a total of $27 million available for this round of funding.  Letters of intent to apply are due on April 13, and applications are due on June 10.  More information about the SLDS Grant Program and this grant opportunity can be found at http://nces.ed.gov/Programs/SLDS/  and in the Federal Register at:  March 12 FEDERAL REGISTER

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New Training Available Business Analyst Boot Camp for UI Subject Matter Experts

NASWA’s Information Technology Support Center (ITSC) is pleased to announce a new course, Business Analyst Boot Camp for UI Subject Matter Experts (SMEs). This course will be offered on April 21-23, 2015 in Washington, D.C. at the NASWA/ITSC offices. Registration is now open on the ITSC website www.itsc.org. Space is limited to 16 participants for the April session.

The Boot Camp provides a special focus on the business analysis function as it relates to developing UI IT Modernization solutions. It provides participants with a basic understanding of the tasks they will perform as they transition from UI SMEs into their critical role as UI Business Analysts. SMEs gain hands-on experience with business analysis techniques for identifying improvements in business processes and developing and documenting requirements.

The curriculum includes practical approaches based upon UI-specific successful practices of states and consortiums for eliciting and managing requirements. Interactive activities allow participants to practice their newly-learned BA skills, such as comparing existing sets of requirements, writing Use Cases to define requirements, and collaborating with development vendors. Participants will be able to apply these skills to UI IT Modernization efforts within their state UI agencies. 

ITSC recently completed a successful pilot of this course with the State of Connecticut and is now providing the Business Analyst Boot Camp for UI SMEs as an in-person course offered either in Washington, D.C. or on-site in the state agency. The total training time is estimated to be three days of in-person training. Click here for full course description and the breakdown of topics for this course.

Course Offerings

  • April 21-23, 2015 in Washington, D.C.  Space is limited to 16 participants and registration is on first come basis.  Registration is free, however, states will be responsible for travel costs, lodging, and meals. The course is three full days held from Tuesday through Thursday. Monday and Friday are designated travel days.
  • On-site training in your state.  ITSC trainers will travel to your state with a portable training lab for 10-20 participants. ITSC can help you coordinate with nearby states to increase the number of registrants for the session. States are being asked to pay for travel and shipping expenses incurred by ITSC trainers.

Registration

To register, for the Washington, D.C. course, go to ITSC Member Site www.itsc.org  and click the registration link.  Select “UI BA Boot Camp” in the drop down menu.

For more information about this course or to discuss on-site training, you may contact John Quichocho at jquichocho@itsc.org or (202) 650-5165.

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Notices, Advisories and Reports

USDOL Directives & Releases

April 02, 2015:  ETA issued Training and Employment Notice No. 29-14  to announce the release of the Workforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions; Notice of Proposed Rulemaking (joint NPRM with the Departments of Education and Labor) and the Workforce Innovation and Opportunity Act; Notice of Proposed Rulemaking (Labor only) on the Federal Register Public Inspection Web site at https://www.federalregister.gov/public-inspection. This Web site offers a preview of documents scheduled to publish in the Federal Register. 

March 27, 2015:  ETA issued Training and Employment Notice No. 28-14 to announce the availability of a pre-implementation planning checklist to assist state UI agencies in preparing to launch modernized UI IT systems that support administration of UI benefits and/or tax operations. 

March 26, 2015:  ETA issued Training and Employment Guidance Letter No. 23-14  to provide guidance and planning information to states, local workforce areas, and other recipients of Workforce Investment Act (WIA) Title I youth formula funds on the activities associated with the implementation of WIOA. 

March 18, 2014: USDOL issued a notice in the Federal Register presenting summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA-W) number issued during the period of February 9, 2015 through February 20, 2015.

March 18, 2015: ETA issued Training and Employment Guidance Letter  No. 22-14  to inform the workforce system of the application of the UNTEER for use in evaluating states' reported PY entered employment outcomes for veterans and eligible persons to determine compliance, the need for technical assistance and/or remedial actions. 

March 17, 2015: ETA issued Training and Employment Guidance Letter  No. 21-14  to  provide the State Workforce Agencies (SWAs) with final funding allotments for the administration of the WOTC program through September 30, 2015, and reporting instructions during the current authorization lapse. 

Bureau of Labor Statistics Reports

March 17, 2015:  BLS issued its Regional and State Employment and Unemployment Summary for the month of January 2015. Regional and state unemployment rates were little changed in January. Twenty-four states had unemployment rate decreases from December, 8 states had increases, and 18 states and the District of Columbia had no change. Forty-five states and the District of Columbia had unemployment rate decreases from a year earlier, three states had increases, and two states had no change.  Nonfarm payroll employment increased in 39 states, decreased in 10 states and the District of Columbia, and was unchanged in North Carolina

March 10, 2015: BLS released the Job Openings and Labor Turnover Survey - 2015 reporting there were 5.0 million job openings on the last business day of January, little changed from 4.9 million in December. Hires decreased to 5.0 million in January and separations were little changed at 4.8 million. Within separations, the quits rate was little changed at 2.0 percent and the layoffs and discharges rate was unchanged at 1.2 percent. The annual number of hires, quits, layoffs and discharges, and other separations increased in 2014.

Congressional Research Service Reports

March 6, 2015: CRS Report – The Federal Budget: Overview and Issues for FY2016 and Beyond  - The Congressional Research Service (CRS) issued a report providing an overview of federal budget issues, focused on recent fiscal policy changes. It will also discuss the major policy proposals contained in the President's FY2016 budget and the House and Senate budget resolutions. Finally, it also addresses major short- and long-term fiscal challenges. This report will track legislative events related to the federal budget and will be updated as budgetary legislation moves through Congress.

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Articles were contributed by Kevin Naud, Hillary Hewko, Julie Squire, John Quichocho, Don Wehbey, Marc Katz, and Bob Simoneau.