WIA
Issue Brief on “Work First” Policies
Labor representatives and other worker advocates
have been concerned by policies that some workforce areas have adopted
that restrict access to training. One example of such a policy is
an over-reliance on a "work first" system, popularized
as part of welfare reform.
- Does
the Workforce Investment Act mandate a “work first”
system? No.
- Under
the Workforce Investment Act, can a system adopt a “work
first” policy? Yes.
The Workforce Investment Act is designed to give
maximum flexibility to state and local boards. However, State and
local flexibility is a double-edged sword. It is up to you and your
WIB to define the mission and policies the shape your workforce
investment system.
Based on our understanding of the Workforce Investment
Act of 1998 (WIA) and the WIA Final Rules, we have advised labor
representatives that a system could be designed so that an individual
could visit a one-stop in the morning and have a voucher for job
training in one day of service. Recent guidance from the Department
of Labor directly supports this notion.
"WIA
does not require any waiting time between when core services,
commence and when intensive services and training services are
made available. When an initial assessment (staff- assisted core
service) of an individual clearly indicates that the individual
is unlikely to find reemployment without additional assistance,
the individual may move directly to intensive services for further
assessment, career counseling and development of an individual
employment plan. Any of these intensive services may be used to
document the need for training services. A discussion and consultation
may then take place. It is feasible for this to occur in one visit
to the One-Stop Career Center. Further testing in support of determining
an individual's ability to successfully complete a particular
training course of interest to him/her can follow." (DOLETA
Training and Employment Notice No. 4-02, September 20, 2002)
We hope that this demonstrates that this flexible
system does not dictate a “work first” approach to workforce
development. We also hope this illustrates what a workforce system
that is not focused on “work first” could look like.
This guidance suggests a scenario that is drastically different
from what is currently taking place in many One-Stop Centers; however,
it both establishes a policy tool to justify the streamlining of
services under WIA and offers a vision of how services could be
delivered through the One-Stop system. In moving to such a system,
the role of the board, in its oversight capacity, could be to track
the length of time it takes to move from core to training services
and begin to set goals to make that time more responsive to the
needs of both job seekers and employers.
Highlights
From WIA Rules and Regulations:
Code
of Federal Regulations (CFR):
“How
long must an individual be in core services in order to be eligible
for intensive services?”
There is no
Federally required minimum time period for participation in core
services before receiving intensive services. [ref. WIA section
134(d)(3).]
-CFR 663.165
“How
long must an individual participant be in intensive services to
be eligible for training services?”
There is no
Federally required minimum time period for participation in intensive
services before receiving training services. [ref. WIA section 134(d)(4)(A)(i).]
-CFR 663.250
CFR
Final Rule – Federal Register version:
“5.
Sequence of Services: WIA provides for three levels of services:
core, intensive, and training, with service at one level being a
prerequisite to moving to the next level. The regulations establish
the concept of a tiered approach but allow significant flexibility
at the local level. We chose not to establish a minimum number of
‘‘failed’’ job applications or a minimum
time period but, instead, the regulations allow localities to establish
gateway activities that lead from participation in core to intensive
and training services. Any core service, such as an initial assessment
or job search and placement assistance, could be the gateway activity.
In intensive services, the gateway activity could be the development
of an Individual Employment Plan (IEP), individual counseling and
career planning or another intensive service. Key to these gateway
activities is the determination, made at the local level, that intensive
or training services are required for the participant to achieve
the goal of obtaining employment or, for employed participants,
obtaining or retaining self-sufficient employment. The three levels
of services are discussed separately in the regulations …
Response:
While the regulations do not explicitly preclude State or Local
Boards from establishing minimum time periods within each tier of
services, we agree that mandatory waiting periods are not consistent
with customization of services according to each participant’s
unique needs. Consistent with our intent to write regulations that
maximize State and local flexibility, however, we continue to support
the idea that local level program operators are best positioned
to determine the appropriate mix, and duration of services.”
-P. 49318 (CFR
663, Subpart A-One Stop System)
“…
The intent [of WIA] is not to require unemployed individuals to
accept just any job. As we have stated above, in responding to comments
on eligibility for intensive services, the different eligibility
criteria for unemployed adults or dislocated workers should in no
way be construed to allow participants to be placed in jobs that
do not provide the opportunity for participants to attain self-sufficiency.
The regulations clearly state there are no federally imposed minimum
waiting periods before participants can progress to the next tier
of services. Neither is there a federally imposed minimum number
of failed job searches to demonstrate eligibility for the next tier
of services. Rather, the regulations reflect our position that decisions
regarding which services to provide, and the timing of their delivery,
are best made on a case-by-case basis at the local level. Finally,
we again note that neither the Act nor the federal regulations mandate
a ‘‘work first’’ system that forces individuals
into the first-available employment, regardless of whether or not
that employment leads to self-sufficiency. No change has been made
to the Final Rule.”
-P. 49328 (CFR
663, Subpart C-Training Services)
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