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Setting Priorities for Service Under the Workforce Investment Act
Effective Delivery of Services and Defining Priority Employers

I. Background to the Issue

Why would a local Workforce Investment Board (WIB) want to establish priorities for who receives services (particularly intensive services) from the One-Stops in its area? Doesn't WIA (the Workforce Investment Act) promise "universal service"?

WIA promises "core" services to anyone who wants them. But Congress has appropriated the funds to serve only a fraction of the American workforce. Therefore states and local areas need to develop strategies to a) spread resources as far as possible and b) prioritize who receives services, particularly the more expensive "intensive" and "training" services. If these strategies are not developed services will be delivered on a "first come, first served" basis--which may well mean that those who really need services can not get them. Labor representatives are critical players in getting local WIBs to develop these policies.  

Is it legal to establish priorities?

Yes, federal law and regulation permits priority setting as long as the strategy developed ensures that everyone can receive "core" services. But labor representatives, and local WIBs, need to check their state's policies which may establish a framework for local decisions.

Are there priorities already established by federal law and regulation?

WIA designates certain adult populations as having to be served by the One-Stops. These include: dislocated workers and the target populations of the required WIA partners including welfare recipients, veterans, the mentally and physically disabled, Native Americans, migrants and seasonal farm workers, older workers, and adults with low literacy skills. These are not exactly the same as priority populations because the law simply says that the One-Stops have to provide them service. It does not say that they should be given priority over other workers in receiving this service.

However, WIA does have something to say about setting priorities for service. It mandates that:

  • Intensive and training services must be reserved for adults for whom core services are not sufficient to find new employment, and
  • If WIA funds are limited, priority for intensive and training services must be given to recipients of public assistance and other low-income individuals in the local area. (This mandate applies only to the general funding for adults, not to the dislocated worker funding stream.)

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