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An Overview of the New AEFLA and WIOA

Detailed summary of AEFLA & WIOA Acts history, implementation, resources, and regulations with a focus on their impact on adult education, workforce development, and performance metrics.

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An Overview of the New AEFLA and WIOA

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  1. An Overview of the New AEFLA and WIOA Brette Kaplan Wurzburg Steven Spillan bwurzburg@bruman.comsspillan@bruman.com Brustein & Manasevit, PLLC Spring Forum 2015

  2. AEFLA History • Adult Education Act of 1966 • Title II of the Workforce Investment Act of 1998 (WIA) • Title II of the Workforce Innovation and Opportunity Act of 2014 (WIOA) Brustein & Manasevit, PLLC

  3. 2003-2014 • Annual discussions of “fast-tracking” reauthorization • Various Congressional hearings • “Discussion Drafts” • Legislative Proposals • NO REAL MOVEMENT Brustein & Manasevit, PLLC

  4. WIOA of 2014 • Title I – Workforce Development Activities • Title II – AEFLA • Title III – Amendments to Wagner-Peyser Act • Title IV – Amendments to Rehabilitation Act of 1973 • Title IV – General Provisions Brustein & Manasevit, PLLC

  5. WIOA Resources • WIOA: https://www.congress.gov/113/bills/hr803/BILLS-113hr803enr.pdf • DOL/ETA WIOA Webpage (includes Act, Guidance Letters, etc.): http://www.doleta.gov/wioa/eta_default.cfm Brustein & Manasevit, PLLC

  6. WIOA Resources - Regulations • Published: April 16, 2015; Comments Due: June 15, 2015 • Joint Rule for Unified & Combined State Plans, Performance Accountability, & the One-Stop Joint Provisions NPRM (ED & DOL): https://www.federalregister.gov/articles/2015/04/16/2015-05528/workforce-innovation-and-opportunity-act-joint-rule-for-unified-and-combined-state-plans-performance • WIOA NPRM (DOL): https://www.federalregister.gov/articles/2015/04/16/2015-05530/workforce-innovation-and-opportunity-act-notice-of-proposed-rulemaking Brustein & Manasevit, PLLC

  7. WIOA Resources - Regulations • Programs & Activities Authorized by AEFLA (ED): https://www.federalregister.gov/articles/2015/04/16/2015-05540/programs-and-activities-authorized-by-the-adult-education-and-family-literacy-act-title-ii-of-the • WIOA Misc. Program Changes (ED): https://www.federalregister.gov/articles/2015/04/16/2015-05535/workforce-innovation-and-opportunity-act-miscellaneous-program-changes • State Voc Rehab Services Program; State Supported Employment Services Program; Limitations on Use of Subminimum Wage (ED): https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program Brustein & Manasevit, PLLC

  8. AEFLA • WIOA, Title II • Programs & Activities Authorized by AEFLA (ED): https://www.federalregister.gov/articles/2015/04/16/2015-05540/programs-and-activities-authorized-by-the-adult-education-and-family-literacy-act-title-ii-of-the • OCTAE (includes guidance, FAQs, timelines, DOL and VR info, etc.): http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/wioa-reauthorization.html Brustein & Manasevit, PLLC

  9. Unified State Plan • WIOA requires the Governor to submit a Unified or Combined State Plan to the Secretary of Labor (3/3/2106) • Outlines a 4-year strategy for the State's workforce development system. • States must have approved State Plans in place to receive funding for the six core programs under WIOA • The adult, dislocated worker, and youth programs (Title I of WIOA); • The AEFLA program (Title II of WIOA); • The Wagner-Peyser Act employment services program (Title III of WIOA); and • The Vocational Rehabilitation program under title I of the Rehabilitation Act of 1973 (title IV of WIOA). Brustein & Manasevit, PLLC

  10. Performance Metrics • Section 116 of the WIOA: performance accountability indicators and performance reporting requirements: • % of participants in unsubsidized employment in the 2nd quarter after exit from the program. • % of participants in unsubsidized employment in the 4th quarter after exit from the program. • Participants' median earnings in the 2nd quarter after exit. • Post-secondary credential attainment and high school completion during participation or within 1 year after exit. • % of participants who are in education or training programs that lead to a recognized post-secondary credential or employment, and who are achieving measurable skill gains. • Effectiveness of serving employers. Brustein & Manasevit, PLLC

  11. Expansion of AEFLA’s Purpose • Old (still applicable): Aimed to help adults • Improve their educational and employment outcomes, • Become self-sufficient, and • Support the educational development of their children. • New: • Assisting adults to transition to postsecondary education and training, including through career pathway programs; and • Assisting English language learners to acquire the skills needed to succeed in the 21st-century economy. Brustein & Manasevit, PLLC

  12. Expanded AEFLA Use of Funds • Retains: • Adult education; • Literacy; • Workplace adult education and literacy; • Family literacy; and • English language acquisition. • Adds: • Integrated English literacy and civics education; • Workforce preparation activities; and • Integrated education and training. Brustein & Manasevit, PLLC

  13. Integrated English Literacy and Civics Education • Education services for adult English language learners, including professionals with degrees and credentials in their native countries. • Must be delivered in combination with integrated education and training services. Brustein & Manasevit, PLLC

  14. Corrections Education and Other Institutionalized Individuals • Adult education and literacy activities; • Special education, as determined by the eligible agency; • Secondary school credit; • Integrated education and training; • Career pathways; • Concurrent enrollment; • Peer tutoring; and • Transition to re-entry initiatives and other post-release-services with the goal of reducing recidivism. Brustein & Manasevit, PLLC

  15. Additional Areas of Interest? Brustein & Manasevit, PLLC

  16. Disclaimer This presentation is intended solely to provide general information and does not constitute legal advice or a legal service.  This presentation does not create a client-lawyer relationship with Brustein & Manasevit, PLLC and, therefore, carries none of the protections under the D.C. Rules of Professional Conduct.  Attendance at this presentation, a later review of any printed or electronic materials, or any follow-up questions or communications arising out of this presentation with any attorney at Brustein & Manasevit, PLLC does not create an attorney-client relationship with Brustein & Manasevit, PLLC.  You should not take any action based upon any information in this presentation without first consulting legal counsel familiar with your particular circumstances. Brustein & Manasevit, PLLC

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