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Brette Kaplan WurzburgSteven Spillan bwurzburg@bruman.comsspillan@bruman.com Brustein & Manasevit, PLLC Spring Forum 2015 An Overview of the New AEFLA and WIOA
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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) AEFLA History Brustein & Manasevit, PLLC2
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Annual discussions of “fast-tracking” reauthorization Various Congressional hearings “Discussion Drafts” Legislative Proposals NO REAL MOVEMENT 2003-2014 Brustein & Manasevit, PLLC3
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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 WIOA of 2014 Brustein & Manasevit, PLLC4
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WIOA: https://www.congress.gov/113/bills/hr803/BILLS- 113hr803enr.pdfhttps://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.cfmhttp://www.doleta.gov/wioa/eta_default.cfm WIOA Resources Brustein & Manasevit, PLLC5
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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 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 https://www.federalregister.gov/articles/2015/04/16/2015- 05530/workforce-innovation-and-opportunity-act-notice- of-proposed-rulemaking WIOA Resources - Regulations Brustein & Manasevit, PLLC6
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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 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 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 https://www.federalregister.gov/articles/2015/04/16/2015- 05538/state-vocational-rehabilitation-services-program-state- supported-employment-services-program WIOA Resources - Regulations Brustein & Manasevit, PLLC7
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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 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/w ioa-reauthorization.html http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/w ioa-reauthorization.html AEFLA Brustein & Manasevit, PLLC8
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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). Unified State Plan Brustein & Manasevit, PLLC9
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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. Performance Metrics Brustein & Manasevit, PLLC10
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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. Expansion of AEFLA’s Purpose Brustein & Manasevit, PLLC11
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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. Expanded AEFLA Use of Funds Brustein & Manasevit, PLLC12
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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. Integrated English Literacy and Civics Education Brustein & Manasevit, PLLC13
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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. Corrections Education and Other Institutionalized Individuals Brustein & Manasevit, PLLC14
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Additional Areas of Interest? Brustein & Manasevit, PLLC15
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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. Disclaimer Brustein & Manasevit, PLLC16
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