1. WIOA and Registered Apprenticeship:
April, 2018
NCETA Conference
WIOA and Registered Apprenticeship:
A Perfect Match
Office of Apprenticeship
US Department of Labor | Employment and Training Administration

2. WIA had one statutory purpose; WIOA includes that one plus five more
Purposes of WIOA
WIA had one statutory purpose;
WIOA includes that one plus five more
Read: The purposes of WIOA are much broader than those under WIA and highlight key attributes of Registered Apprenticeship, including
To support the alignment of workforce investment, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the United States; and
To promote improvement in the structure of and delivery of services through the United States workforce development system to better address the employment and skill needs of workers, jobseekers, and employers
The purpose of WIA was to “provide workforce investment activities, through statewide and local workforce development systems, that increase the employment, retention, and earnings of participants, and increase attainment of recognized postsecondary credentials by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, increase economic self-sufficiency, meet the skill requirements of employers, and enhance the productivity and competitiveness of the Nation.”
Under WIOA, there are six (6) purposes, with the purpose that was under WIA included as #6. In other words, the first five purposes under Section 2 of WIOA (Section 2 is “Purposes”) are new. The sixth statutory purpose is the same verbiage as was used under WIA. Do you get a sense of the Congressional intent here?

3. WIOA Defines the Following Terms Under Section 3
Sec. 3(7)–Career Pathway
Sec. 3(14)–Customized Training
Sec. 3(23)–In-Demand Industry Sector or Occupation
Sec. 3(26)–Industry or Sector Partnership
Sec. 3(52)–Recognized Postsecondary Credential
Section 3 of WIOA consists of 71 definitions, some of which directly impact the work of apprenticeship staff.
The term Career Pathway has a very long definition with many components as follows:
“The term ‘career pathway’ means a combination of rigorous and high-quality education, training, and other services that – (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the [Fitzgerald Act]; (C) includes counseling to support an individual in achieving the individual’s education and career goals; (D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; (F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (G) helps and individual enter or advance within a specific occupation or occupational cluster.” COMMENT: The “and” before subsection (G) means that all of these aspects are included when we think of “career pathways.”
Sec. 3(14) – “The term ‘customized training’ means training – (A) that is designed to meet the specific requirements of an employer (including a group of employers); (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and (C) for which the employer pays– (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and (ii) in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate.” (NOTE: All of the verbiage under (i) and (ii) is new! Under WIA, it just said that employers paid not less than 50%.)
Section 3 (23) defines In-Demand Industry Sector or Occupation as follows:
In General – The term “in-demand industry sector or occupation” means –
an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or
an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate.
(B) Determination – The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information.
Sec. 3(26) – The term ‘industry or sector partnership’ means a workforce collaborative, convened by or acting in partnership with a State board or local board, that – (A) organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stage of development of the partnership – (i) representatives of multiple business or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) 1 or more representatives of a recognized State labor organization or central labor council, or another labor representative, as appropriate; and (iii) 1 or more representatives of an institution of higher education with, or another producer of, education or training programs that support the industry cluster; and (B) may include representatives of – (i) State or local government; (ii) State or local economic development agencies; (iii) State boards or local boards, as appropriate; (iv) a State workforce agency or other entity providing employment services; (v) other State or local agencies; (vi) business or trade associations; (vii) economic development organizations; (viii) nonprofit organizations, community-based organizations, or intermediaries; (ix) philanthropic organizations; (x) industry associations; and (xi) other organizations, as determined to be necessary by the members comprising the industry or sector partnership.
Sec. 3(52) – “The term ‘ recognized postsecondary credential’ means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree.”
All relate directly or indirectly to Registered Apprenticeship

4. What is WIOA’s Expectation?
Robust engagement between Registered Apprenticeship and the public workforce system to include the incorporation of Registered Apprenticeship into strategic planning, service design, and service delivery 4

5. WIOA Operating Guidance on RA TEGL 13-16, 1/12/17
Rec

6. O U T L I N E Five “Touchpoints”
Performance
Funding
ETPs and ETPL
Board Membership
Planning 6

7. P E R F O R M A N C E
How do the new required metrics align with Registered Apprenticeship? 7

8. F.Y.I. The six required metrics are more RA friendly
There are many performance-related myths that represent barriers to full partnership (read: prevent WIOA funding support)
Most measures are based on “exit,” which is why the timing of exit is so critical
WIOA imposes strict monetary sanctions for performance “failure”
Whether you call them indicators, measures, metrics, etc. doesn’t matter for our purposes. Simply put, this is the stuff the workforce system is held accountable for. And the requirements under WIOA are much more stringent than they were under WIA because the consequences for failure under WIOA include a potential reduction of subsequent funding.
Performance provisions are contained in WIOA Section It is not incidental that PERFORMANCE was “elevated” under WIOA and is now in its own separate Chapter under Title I. The Congressional intent is clear, particularly because the performance provisions are now located under a Subtitle called System Alignment. That is significant!

9. WIOA Performance Measures
WIOA, Section 116
Employment in the 2nd Quarter after Exit
Employment in the 4th Quarter after Exit
Median Earnings in the 2nd Quarter after Exit
Credential Attainment
Measurable Skill Gains
Effectiveness in Serving Employers
Reference: TEGL (12/19/16)
Question: How are the first and second metrics different for WIOA Youth?

10. It’s About the Outcomes And Registered Apprenticeship Helps!
Employment in 2nd Qtr after exit
Registered Apprenticeship IS employment and the universe for this measure is all WIOA individuals, whether or not they’re employed (or an apprentice) when they come on board
Employment in 4th Qtr after exit
This measure is independent of the first measure. In other words, this is NOT a retention measure, and it includes the universe; if the apprentice is employed during this quarter, that’s a positive hit
Median earnings in 2nd Qtr after exit
For those employed in the 2nd quarter (measure #1), what’s their median earnings?

11. It’s About the Outcomes (2) And Registered Apprenticeship Helps!
Credential Attainment
RA Completion Certificate is a recognized post-secondary credential
A credential (like a RA Completion Certificate) can be obtained up until a year after exit
If only OJT is provided, not included in this metric
Measurable Skill Gains
This measure is NOT based on exit; “credit” can be taken during participation [in a RA program]

12. A Performance-Related Myth
“If it’s a five year program, I have to stay attached to these people for the full five years.”
Not true. This was initially clarified in TEGL 2-07 but it hasn’t seemed to sink in.
Unless there’s a state policy that says otherwise, once WIOA is “done,” the individual can be allowed to exit
TEGL 2-07 is an oldie but goodie (dated July 12, 2007).

13. The Real Deal Regarding WIOA Exit and Working with RA
Unless there’s a state policy stating otherwise, local staff can allow the individual to exit when WIOA is “done”
Example: You’re supporting an apprentice through their largely front-loaded classroom training component (RTI); when the RTI is done, the individual can be allowed to exit
Exit could be allowed to occur at the time of a scheduled wage increase
Example: Local workforce staff supported a youth through a pre-apprenticeship program and their intent is to provide further support during their RA program participation through their first wage increase (or maybe their second)

14. The Real Deal Regarding WIOA Exit and Working with RA (2)
Other Possibilities:
WIOA supports one class, which is a component of the RTI; when class is completed, allow individual to exit
WIOA will support 3 classes for the first semester; allow exit after first semester ends
ITA only goes up to $3500; decide what part of RTI the funds will cover; allow exit after that portion is over

15. None of these statements is true.
Question
One of the many ways WIOA aligns different funding streams and different programs is through the required performance measures. With that in mind, which of the following statements is TRUE?
Once enrolled into WIOA, an apprentice must stay enrolled for the entire RA program in order to take credit for performance outcomes.
If apprentices are employed, which they are by definition, enrolling them into WIOA will hurt the local board’s performance.
The metrics are less supportive of RA than they were under WIA (i.e., the WIA measures were more RA-friendly).
Certificates of Completion of a RA program may not count as a credential under WIOA under certain circumstances.
None of these statements is true.

16. F U N D I N G R A
How can the workforce system support Registered Apprenticeship? 16

17. TEGL 19-16 (page 14) – Clarifies what WIOA/Title I can pay for
Although this TEGL focuses on WIOA Adults and Dislocated Workers, the information can certainly be relevant for older, out-of-school youth. 17

18. Funded By Contract for WIOA Adults, Dislocated Workers, Older Youth
Think of it this way…
Can be paid for with formula funds for WIOA Adults, Dislocated Workers, Older Youth. Can also be funded by ITA if ITA used to support RTI.
Supp. Svcs.
Funded By Contract for WIOA Adults, Dislocated Workers, Older Youth
OJT
Supported with Individual Training Account or ITA; in order to use ITA, program must be on Eligible Training Provider List
RTI 18

19. OJT Under WIOA There’s More Flexibility!
WIOA gives States/local areas the flexibility to increase the reimbursement level up to 75% taking into account several factors (participant characteristics, size of employer and others)
Remember: In WIOA world, OJT is paid for through contracts (not ITAs)
Although some states/local areas are comfortable utilizing OJT, many are not or limit its use, which is a missed opportunity
An OJT contract with an employer (or group of employers) could be written as a “blanket OJT contract” that could potentially cover multiple WIOA participants (i.e., apprentices)

20. RTI Under WIOA There’s More Flexibility!
WIOA Operating Guidance on RA clarifies that WIOA supports COHORT TRAINING

21. TEGL 13-16 (pages 11-13) – ALSO Clarifies what WIOA/Title I can pay for
Although this TEGL focuses on WIOA Adults and Dislocated Workers, the information can certainly be relevant for older, out-of-school youth. 21

22. About Pre-Apprenticeship It’s More Prominent Under WIOA
WIOA added a provision requiring local boards to spend at least 20% of their youth funding on “Work Experience”
Pre-Apprenticeship is listed as a type of work experience (Sec. 129(c)(2)(C)(ii))
For Adults and Dislocated Workers, pre-apprenticeship programs could be considered a “short-term pre- vocational service” or other type of “individualized career service”
Under WIOA, Work Experience is one of the required fourteen (14) program elements.
The phrase “short-term pre-vocational service” is a statutory term and it is also contained in guidance (e.g., TEGL 3-15). It is generally a type of service for Adults and DW.
And remember that TEN on “quality pre-apprenticeship” is somewhat dated (November 30, 2012), but the information remains relevant.

23. Pre-Apprenticeship Guide
Published Dec. 2015
Don’t let the title dissuade you or your potential customers – the guide is relevant for all pre-apprenticeship programs (not just those focused on women)
Only 22 pages but lots of great information!
There’s lots of great information in this relatively new publication! Here’s a summary of some of the highlights in this 22-page document:
Three major components to establishing relationships with existing apprenticeship sponsors:
Connecting with sponsors
Determining sponsors’ needs
Defining the sponsor relationship
An effective pre-apprenticeship training curriculum includes at least 2 critical components:
Entry-level occupational skills based on industry standards
Job readiness skills
To support retention in programs:
Case management strategies, including developing of specific career paths
Use your partnerships with other entities to address remaining barriers
Peer support along the way (including from those who’ve already completed)
PRE-APPRENTICESHIP PROGRAMS CAN SERVE AS A MAJOR COMPONENT IN MAPPING AND DEVELOPING CAREER PATHWAYS, and career pathways are heavily emphasized under WIOA.

24. Incumbent Worker Training (IWT) Also Emphasized Under WIOA
Can be used to help avert potential layoffs or increase skill levels of employees so they can be promoted and create backfill opportunities
Local Boards can use up to 20% of their A and DW funds to pay the federal share of the cost
The IWT has to take into account several factors (including participant characteristics and the connection between the training and the employee’s/employer’s competitiveness)
Employers must pay a significant cost of the training for those WIOA participants in the IWT (based on size of employer—see slide notes)
The appropriate statutory reference here is Section 134(d)(4).
Employers are required to pay for a significant cost of the training for those participants in IWT, which can be done through both cash and/or in-kind payments. Under the statute, the minimum amount of employer share in the IWT depends on the size of the employer:
Employers with 50 or fewer employees must pay at least 10% of the cost;
Employers with 51 to 100 employees must pay at least 25% of the cost;
Employers with more than 100 employees must pay at least 50% of the cost.
In addition to the statutory reference provided, all of this critical information is contained in TEGL 3-15, one of those “WIOA Operating Guidance” policy documents that should be part of your playbook.
Ideally, ETA will publish clarifying guidance on IWT because – although it’s ripe with opportunity – it’s also been historically confusing because of the requirements pertaining to accountability (performance and reporting).

25. Question
Why is WIOA and its implementation so critically important to ApprenticeshipUSA?
The workforce system gets funding that can be accessed to support RA programs.
Registered Apprenticeship is finally at the table (or Board) so we must take advantage.
It’s a way for ApprenticeshipUSA to meet national goals related to increasing the number of apprentices.
RA should be part of the workforce development system and not just an afterthought.
All of the above.

26. E T P s and the E T P L
Being placed on the ETPL is critical for RA program sponsors! 26

27. Eligible Training Provider List (WIOA, Sec. 122)
In general:
RA program sponsors are automatically eligible for placement on ETP Lists; they will remain on ETP List as long as the program is registered or until the sponsor notifies the state it no longer wants to be included
State’s Role/Responsibilities include:
Establishing a mechanism for adding RA programs to the ETPL and verifying registered status at least every 2 yrs
“Code” for POLICY

28. State ETP Policy Required (1)
States are required to develop numerous policies to support their statewide workforce system, one of which is the ETP list policy
State ETPL policies should be explicit in terms of the exceptions for Registered Apprenticeship programs
State processes to add sponsors to the ETP list (and local processes where they exist) should not be laborious
The statutory intent is to have a process that makes it simple for every RA program to be part of the ETP list

29. State and Local Information Requirements
In some cases, states are not just requesting from sponsors the minimal info contained in TEGL 41-14
Hoops, Hoops, and more Hoops
Not the intent
In some states, the application process is cumbersome and local procedures add another layer of complication
Process conveyed through policy/ procedures

30. Which of the following statements is TRUE?
Question
Which of the following statements is TRUE?
If a RA program and/or their RTI provider are not on the statewide ETPL, then WIOA funds cannot be used to support apprentices in that program
If a Local Board is supporting an apprentice’s OJT, they cannot also support the RTI (unless they have a waiver)
Individual Training Accounts (or ITAs) can be used to fund a percentage of the OJT as well as supportive services
It is possible for a Local Board to support an apprentice’s RTI, OJL and supportive service needs
None of the above (all are false)

31. B O A R D Membership
Recommended before and now required under WIOA 31

32. Membership Requirements Specific to Registered Apprenticeship
The State Board “shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State;”
The Local Board “shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists;”
The statutory language for State and Local Boards is almost but not quite the same. The qualifying phrase “if such a program exists” is part of the local board requirements, but not part of the state board requirements.

33. Functions of State Board WIA and WIOA
State Plan
Review of statewide policies to support alignment
Development/continuous improvement of workforce system
Performance metrics
Identify/disseminate info on best practices
Development/review of statewide policies
Development of strategies for technological improvements
Development of strategies for aligning technology and data systems across partners
Development of allocation formulas
Preparation of annual reports
Development of statewide workforce LMI system
Additional policy development to support the system.
State Plan
Development/continuous improvement of workforce system
Commenting on Carl Perkins performance measures
Designation of local areas
Development of allocation formulas
Development/continuous improvement of state performance measures
Preparation of annual report
Development of statewide employment statistics system
Development of incentive application
This slide presents a comparison between the State Board functions under WIA and those under WIOA. As you can see, there were 9 functions under WIA and there are now 12 under WIOA.
= new function

34. Functions of Local Board WIA and WIOA
Local Plan
Selection of Operators and Providers
Budget and Administration
Program Oversight
Negotiation of Local Performance Measures
Employment Statistics System
Employer Linkages
Connecting, Brokering and Coaching
Local Plan
Workforce Research and Regional Labor Market Analysis
Convening, Brokering, Leveraging
Employer Engagement
Career Pathways Development
Proven and Promising Practices
Technology
Program Oversight
Negotiation of Local Performance Accountability Measures
Selection of Operators and Providers
Coordination with Education Providers
Budget and Administration
Accessibility for Individuals with Disabilities
These are the functions of the Local Board under WIA, contrasted with those under WIOA.
= new function

35. Strategic Opportunities
Every state is different, but possibilities include:
Connecting with State Board RA rep and/or Local Board RA reps
Provide rep with WIOA briefing so they understand their role/function and what they can do to support RA in the state
Suggesting they recommend briefings on RA and even pre- apprenticeship for the Board

36. Which of the following statements is TRUE?
Question
Which of the following statements is TRUE?
Registered Apprenticeship (RA) program sponsors are required partners under WIOA.
B. RA is expected to be represented on both State and Local Boards.
C. RA is a core program with required representation on State Boards.
D. An RA representative on the State Board can also be an RA representative on a Local Board.
E. A and B
B and D

37. P L A N N I N G 37

38. Two-Year Plan Modifications represent another opportunity.
P L A N N I N G
Registered Apprenticeship is required to be incorporated into strategic planning.
A discussion of career pathways is also required for both State and Local/Regional Plans and RA is included in the definition of career pathways.
State and Local Plans have been inconsistent and varied in terms of the level of incorporation of RA as a talent development strategy.
Two-Year Plan Modifications represent another opportunity.

39. Local Plans (Sec. 108) Contents to include 21 elements
Sec.108(b)(3) – “…how the local board will facilitate the development of career pathways…and improve access to activities leading to a recognized post- secondary credential…”
Sec. 108(b)(4) – strategies and services to facilitate engagement of employers, better coordinate with economic development, support a workforce system that “meets the needs of businesses…”
Sec. 108(b)(18) – “a description of the actions the local board will take toward becoming or remaining a high-performing board…”

40. Question
You’re a Business Service Representative for a Local Board in North Carolina. Why would you want to have a working knowledge of what’s in the Local or Regional Plan?
To understand how registered apprenticeship will figure into local workforce efforts
To get an idea how resources are to be coordinated
To obtain an understanding of the partners involved in local economic development
There’s quotable information in those plans that can be used in presentations
To gain knowledge about planned local career pathways
All of the above