Tracking TAACCCT Employment Outcomes: Obtaining State Wage Record Data May 5, :00 pm

TAACCCT Learning Network at a Glance U.S. Department of Labor, Employment & Training Administration (National) Jobs for the FutureMaher & Maher American Association of Community Colleges CalState/Merlot U.S. National Science Foundation ATE Centers Other Non-Federal Providers of TA and Resources for TAACCCT Grantees: Creative Commons CAST The Transformative Change Initiative

Presenter John Heemstra Grants Manager Mitchell Technical Institute Mitchell, South Dakota Cheryl Martin Division of Strategic Investments ETA, Office of Workforce Investments Suzanne Simonetta Chief, Division of Legislation Office of Unemployment Insurance ETA, USDOL

Agenda Items Welcome & Roadmap Overview of UC confidentiality & disclosure requirements WIOA & wage record access Next Steps

Polling Questions

For each of the following polling questions, please ensure that only ONE response is given from your college or consortium.

Polling Question 1: 1.Is your college or consortium able to obtain wage record data from your State’s UI office or any other state entity that possess UI wage records? a.Yes b.No

Polling Question 2: 2.If you responded “No” to the previous question, please select from one of the options below that best describes your grant. a. Single-State Institution b. Single-State Consortium c. Multi-State Consortium

Polling Question 3: 3.If you said “No” to question 1, please select from one of the options below that best describes your situation. a. My college has found it difficult reaching a data sharing agreement with my state entity. b. My college was told there is a State Law that does not allow the sharing of wage records for confidentiality reasons. c. If other, please elaborate in the chat box.

Polling Question 4: 4.If your grant is a multi-state consortium, please select from one of the options below that best describes your situation. a.My consortium can’t access wage record data from any states. b.My consortium can access data from its home state but not others. c.My consortium can access data from some states but not all. d. My consortium can access data from all states represented in our grant.

Polling Question 5: 5.Have you been successful in tracking program completers who were employed in a neighboring state? a.Yes b.No

UC Confidentiality & Disclosure Requirements OVERVIEW Based on Section 303(a)(1), Social Security Act: Methods of administration to insure full payment of unemployment compensation (UC) when due. Must maintain confidentiality of any UC info that reveals (or combined with publicly available info would reveal) name or any identifying particular about any individual or any employer. Disclosure of such info barred unless mandatory or permissible to do so. Essential to protect confidential UC data from unauthorized disclosures.

UC Confidentiality & Disclosure Requirements CONFIDENTIAL UC INFORMATION Information in the records of a state or state UC agency that pertains to administration of state UC law Wage records Employer information Claim information, such as: Whether an individual has applied for UC An individual’s contact information Other information that is needed to verify eligibility for and amount of benefits

UC Confidentiality & Disclosure Requirements TYPES OF DISCLOSURES Mandatory disclosures – 20 CFR Part Information necessary for proper and efficient administration of the UC program TANF, child support enforcement, HUD, SNAP, and other Federal programs Permissive disclosures – 20 CFR Part The regulation permits disclosure under certain circumstances as long as the disclosure does not interfere with the proper and efficient administration of the UC program Example: disclosures to public officials for use in the performance of their official duties

UC Confidentiality & Disclosure Requirements DISCLOSURE FOR PERFORMANCE MEASUREMENT Major emphasis on program accountability & outcomes. Employment/earnings key tool for measuring success. Wage records are a relatively easy, cost-effective way to measure performance. To disclose wage records, must be permissible recipient of data and must use them for permissible purposes.

UC Confidentiality & Disclosure Requirements DISCLOSURE TO PUBLIC OFFICIALS Section 603.5(e) permits disclosures of confidential UC data to public officials for use in the performance of official duties. Section 603.2(d) defines “public official” as: an official, agency, or public entity within the executive branch of Federal, State, or local government who (or which) has responsibility for administering or enforcing a law; or An elected official in the Federal, State, or local government. Section 603.5(f) permits disclosures to agents or contractors of public officials.

UC Confidentiality & Disclosure Requirements PERFORMANCE OF OFFICIAL DUTIES Section 603.5(e) defines “performance of official duties” as: Administration or enforcement of law; or Execution of the official responsibilities of a Federal, State, or local elected official. Federal program or grant performance reporting purposes by itself doesn’t necessarily meet this definition.

WIOA & Wage Record Disclosure Access OVERVIEW Requires use of wage records for WIOA core program & ETP performance reports Such disclosures to public officials (or their agents/contractors) are permissible & STRONGLY encouraged WRIS/WRIS II available to facilitate performance reporting when confidential UC information may not be disclosed Requires disclosure of wage records for certain DOL and ED evaluations “to the extent practicable”

WIOA & Wage Record Disclosure Access WIOA NPRM: AMENDMENTS to 20 CFR 603 Proposed expanded definition of “public official” would also include: Public post-secondary educational institutions established & governed under state law Performance accountability & customer information agencies Chief elected official of a local Workforce Development Area State educational authority, agency, or institution

WIOA & Wage Record Disclosure Access WIOA NPRM: AMENDMENTS TO 20 CFR 603 Proposed expanded definition of “performance of official duties” in 20 CFR 603 would also include: State & local performance accountability under WIOA sec 116 Requirements of discretionary Federal grants awarded under WIOA As otherwise required for education and workforce training

WIOA & Wage Record Disclosure Access NEW MANDATORY DISCLOSURES For DOL & ED evaluations: of WIOA core programs under §169, WIOA, to evaluate: WIOA Title 1 workforce development activities other federally funded employment-related programs and activities authorized under other provisions of law under §242(c)(2)(D), & §§12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 (applied to programs carried out under Title I of that Act) under §10(b) of the Wagner-Peyser Act.

WIOA & Wage Record Disclosure Access ADDITIONAL INFORMATION All requirements of 20 CFR 603 must be met including data sharing agreements, reimbursement for costs, safeguards, and penalties for impermissible re-disclosures and data breaches. WRIS & WRIS II agreements will be updated to facilitate data exchanges for entities that may not receive confidential UC information. Collaborating with ED to facilitate their data access.

WIOA & Wage Record Disclosure Access INTEGRATED DATA & IT SYSTEMS WIOA requires development of strategies to get to integrated, tech-enabled intake & case management info systems Must align & integrate workforce & ed data on core programs, UI programs, etc. Reemployment connections tools an important first step Developed in partnership with states/ITSC to improve connectivity/integration by providing a “common front door” that overlays current systems

What Does This Mean for TAACCCT Grantees? Disclosure of wage records for performance reporting purposes is permitted & strongly encouraged. To obtain individual-level data that is not de- identified, requestor must be a public official (or an agent or contractor of one for this purpose) unless individuals provide informed consent. Technical assistance is available to facilitate agreements providing for these disclosures.

Q&A

WE WANT TO KNOW YOUR SPECIFIC WAGE RECORD CHALLENGES If obtaining wage record data from your State is still a challenge, please using WAGE RECORD DATA in the subject line. Please describe the nature of the problem, ensuring the following information is What State(s) does your grant operate in? What challenges are you encountering? What reason(s) were you given for being denied access to wage record data (if applicable)? What steps have you taken thus far to try to resolve this issue?

Thank You! Connect with the NEW TAACCCT Community of Practice and search for TAACCCT resources at: Ask questions and to connect with peers and resources at If you want to learn more about peer mentoring