I.Purpose

To provide direction to local Workforce Investment Boards (WIBs) in the development of local policy for determining Adult and Dislocated Worker suitability and the "need" for intensive and training services, including WIA adult and dislocated worker-funded Individual Training Accounts (ITAs).

II.Effective Date

Immediately

III.Background

The WIA program is designed to provide employment and training opportunities to those who can benefit from, and who are in need of such opportunities. However, WIA is not an entitlement program. This requires local WIBs to ensure that eligible individuals are determined to be suitable for program enrollment based upon a consistent equitable assessment that is relevant to the level of services for which the individuals are applying.

WIA staff must gather information and assess suitability in a timely fashion. Local WIBs should strive to establish a customer flow that allows an expedited path to needed services in order to maximize the amount of time a dislocated worker can receive financial support through Unemployment Compensation and / or Trade benefits while enrolled in services.

IV.Requirements

A.Determination of Suitability for Intensive Services

Suitability for program enrollment into the adult and dislocated worker programs must be driven by local WIB policy and applies to eligible adults and dislocated workers that progress from registered core to intensive services.

Determining an individual's suitability and "need" for intensive services requires one-on-one assistance with WIA staff, and it is here that information must be obtained to identify if WIA intensive services are appropriate for the eligible core services participant. A review of individual barriers (current or potential), work history, existing skills, interests, expectations, and the availability of appropriate intensive services in the local area are all factors that should be reviewed in order to determine if the individual should be enrolled beyond core services.

WIA adult and/or dislocated worker intensive services are intended for employed and unemployed individuals who are unable to obtain or retain employment at the core service level. All employed individuals must demonstrate that they are not self-sufficient as defined by the local WIB policy in order to move from core to intensive services.

B.Determination of Suitability for Training Services

Access to training services requires more information in order to determine if training is needed and appropriate for the intensive services participant. The regulations require that in order to receive training services, the participant must:

1.Be unable to obtain or retain employment through core and intensive services;

2.Be determined to be in need of training after an individual interview, evaluation, or assessment;

3.Have the skills and qualifications to successfully participate in the selected program of training services;

4.Select a program of training services that are directly linked to the employment opportunities in the local area involved or in other areas in which the individual is willing to relocate; and

5.Be unable to obtain other grant assistance for training or require assistance beyond the assistance made available under other grant assistance programs including Pell Grant funds.

This information, combined with assessment data collected during intensive services (such as a review of barriers, dependency, employment history, interests, etc), help determine suitability or "need" for training assistance.

The process to obtain this information is a local decision. However, this information should be a combination of-among other things-standardized tests, interviews, inventory of applicants' fields of interest, skills assessments, career exploration, and available labor market information.

C.Additional Requirements for Adult-Funded ITAs

In addition to the criteria listed in B, WIA adult-funded ITAs may be approved only for those who have been determined to be below a locally defined standard of "family self-sufficiency." This does not apply to ITAs funded with other WIA funding streams.

WIBs are required to develop the criteria for "family self-sufficiency" and make it available for review during monitoring and audits. The term "family" in family self-sufficiency refers to the definition found in WIA Section 101 (15).

This requirement is intended to ensure that individuals (including adults, ages 18-23) enrolled in WIA adult-funded ITAs are those whose families lack or have limited ability to pay for the training and supportive services needed in order to obtain or retain employment.

WIA eligible adults who are over the local standard are not eligible for adult-funded ITAs. Other WIA services may be provided, as appropriate. They may also be served using other WIA funds, if eligible.

In order to comply with this requirement, all young adults, ages 18-23, who are applying for WIA adult-funded ITAs, must be screened for dependency status. If the young adult is found to be a dependent, the applicant and his/her family are to be screened for "family self-sufficiency."

The new local definition of family self-sufficiency should not be confused with the local "self-sufficiency" definition required under WIA regulations to be applied to all employed adults and dislocated workers when determining eligibility for intensive services. A chart which distinguishes the differences between these terms is included with this policy as Attachment A.

D.Extenuating Circumstances for WIA Adult-Funded ITAs

"Extenuating Circumstances" are defined as an economic hardship that is beyond the reasonable control of the person(s) responsible for providing financial assistance to the WIA participant for training. The costs related to the economic hardship must be the responsibility of that person or for his or her legal dependent, spouse, or parent. Those costs must be ongoing and expected to cause a financial hardship for the duration of the ITA.

Economic hardships include, but are not limited to:

• The portion of medical procedure or prescription medication costs that are not covered by insurance and are ongoing and determined to be medically essential;
• Health insurance premium payments that are not paid for by private or public sources;
• Payments on past due or back mortgage, rent, or essential services (e.g., electric, water, natural gas, propane, and other utility arrearages) that accumulated because of involuntary unemployment or underemployment;
• Ongoing payments to a nursing home, home health care provider, elder care provider, or assisted living provider; and
• Payments toward debt that accumulated as a result of a natural disaster, severe illness, or disability;

Extenuating circumstances do not include normal rent, mortgage, utility, court ordered child support, court-ordered spousal support, automobile, fuel, grocery, credit card, or "pay-day loan," payments.

Exceptions may be approved on a case by case basis for individuals whose family income exceeds the family self-sufficiency standard. Documentation explaining the extenuating circumstances must be maintained in the participant file, along with the signature approval of the local WIB Fiscal Agent and WIB Director or designee.

E.Documentation

Documentation must be maintained in the participant file in order to justify the approval for training. This includes documentation to support an approved ITA with WIA adult funds that meets the local definition of "family self-sufficiency." The type of documentation will be driven by the requirements at the local level which at a minimum, meet the conditions described in this policy.

F.Mandated Screening for Determination of Close Family or Stakeholder Relationships

A relevant factor that must be considered prior to enrollment into adult and/or dislocated worker intensive and training services is the determination of whether the participant is an immediate family member, close acquaintance, or stakeholder with someone in the WIA workforce system. (See WIAPL 08-13.2)

If it is determined that a relationship exists between the participant and a stakeholder or relative in the WIA workforce system, case managers must follow the local WIB policy that describes the mandatory procedures governing how these individuals may be assessed and potentially served.

G.WIB Policy Requirements

All WIBs must have a suitability policy for enrollment into adult and/or dislocated worker intensive and training services. WIBs must also have a local definition of "family self-sufficiency" that applies to all WIA-funded adult ITAs. This required definition may be incorporated into the local suitability policy or incorporated into other appropriate and relevant policies so long as the definition is explicitly applied to WIA-funded adult ITAs.

The local policy must include documentation required for suitability determination and family self-sufficiency (see section E. Documentation). A reference to the WIB approved policy regarding disclosure and procedures for serving relatives and stakeholders of the WIA workforce system must also be included in the local suitability policy. Close relationships could cause a real or perceived conflict for enrollment in the WIA program.

Local WIBs should review previously submitted suitability policies and revise as necessary based on the new language contained in this state policy modification.

V.Technical Assistance

For additional information, you may send your questions to the Office of Workforce Development: WIAQNA@JFS.OHIO.GOV.

VI.Reference

WIAPL 08-12.3 Attachment A, Self-sufficiency Chart

Workforce Investment Act of 1998, Public Law 105-220

Workforce Investment Act Final Rules, 20 CFR Part 652, et. al.

U. S. DOL TEGL 17-05

ODJFS, WIAPL 08-11.1

Rescission

WIAPL 08-11.1

WIAPL 08-12

WIAPL 08-12.1

WIAPL 08-12.2