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Michael Brustein, Esq. mbrustein@bruman. com Brette Kaplan, Esq. bkaplan@bruman. com Role of Postsecondary Institutions Michael Brustein, Esq. [email protected] com Brette Kaplan, Esq. [email protected] com Role of Postsecondary Institutions Under WIA Brustein & Manasevit, PLLC Spring Forum 2011

Agenda Helpful Resources WIA Reauthorization WIA & ARRA Trade Adjustment Assistance Community College and Agenda Helpful Resources WIA Reauthorization WIA & ARRA Trade Adjustment Assistance Community College and Career Training Grants Career Pathways Innovation Funding Levels 2

Helpful Resources Workforce Investment Act (WIA) statute: http: //www. doleta. gov/usworkforce/wialaw. txt WIA Regulations: Helpful Resources Workforce Investment Act (WIA) statute: http: //www. doleta. gov/usworkforce/wialaw. txt WIA Regulations: http: //www. doleta. gov/usworkforce/wia/finalrule. pdf Department of Labor, Employment and Training Administration’s WIA helpful materials: http: //www. doleta. gov/usworkforce/wia/act. cfm DOL ETA’s Find Grants Website: http: //www. doleta. gov/grants/find_grants. cfm 3

Helpful Resources TAA Community College & Career Training Grants Program: Full Announcement: http: //www. Helpful Resources TAA Community College & Career Training Grants Program: Full Announcement: http: //www. doleta. gov/grants/pdf/SGA-DFA-PY-1003. pdf Amendment One: http: //www. doleta. gov/grants/pdf/SGA-DFA-10 -03 AMENDMENT 1_2 -8 -11. pdf Career Pathways Innovation Fund Grants Program: http: //www. doleta. gov/grants/pdf/SGA-DFA-PY-1006. pdf 4

WIA Reauthorization 5 WIA Reauthorization 5

WIA Reauthorization: Timeline 1998 Law with 5 year authorization WIA is 8 years overdue WIA Reauthorization: Timeline 1998 Law with 5 year authorization WIA is 8 years overdue for reauthorization House and Senate leaders say: They would take up WIA reauthorization early this year They’ve been saying this since 2003 Still waiting for hearings Legislative language is possible, but momentum will build ONLY if Congressional leaders believe they have enough votes for a quick passage 6

Reauthorization Issues Funding Greater collaboration with business and education community Increasing efforts to educate Reauthorization Issues Funding Greater collaboration with business and education community Increasing efforts to educate the workforce regarding training services 7

Reauthorization Issues Expanding access to training services Rural access, One-Stop effectiveness, etc. Participation of Reauthorization Issues Expanding access to training services Rural access, One-Stop effectiveness, etc. Participation of faith-based organizations Democrats want more collaboration between Education and Labor Departments Rigidity of Tiered Approach ▪ Core, Intensive, Training 8

Reauthorization Issues Contributions of One-Stop partners Coordination of Federal, State, and local levels Role Reauthorization Issues Contributions of One-Stop partners Coordination of Federal, State, and local levels Role of community colleges on local WIBs Eligibility requirements for training providers too cumbersome 9

Reauthorization Issues Tension Between FERPA and Participants’ Personally Identifiable Information Allowing for Contracting under Reauthorization Issues Tension Between FERPA and Participants’ Personally Identifiable Information Allowing for Contracting under ARRA Applicability to Title VII to Faith Based Providers Who Will Drive the Agenda? Elimination of “Work First” 10

Reauthorization Issues State level unified planning among participating State Agencies on all four Titles Reauthorization Issues State level unified planning among participating State Agencies on all four Titles Common definitions across all programs Common performance measures across all programs 11

Reauthorization Issues Questions of Effectiveness Slim down State boards and local boards 100% transfer Reauthorization Issues Questions of Effectiveness Slim down State boards and local boards 100% transfer between Title I Adult and Title I Dislocated Workers 12

Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Consolidate funding to streamline program administration Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Consolidate funding to streamline program administration and enhance efficiency at the state and local levels Possibly only 1 WIA Title I funding stream Provide greater representation on state and local WIBs for local business reps, education officials, community groups, & reps of employees 13

Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Require each mandatory partner program to Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Require each mandatory partner program to contribute a portion of its funds toward onestop infrastructure funding Incorporate current employment service functions into a new category description “Work Ready Services” Ex: Require One-Stop centers to provide labor exchange services, including job search, placement assistance, recruitment services for employers 14

Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Allow states to determine required standards Republican Reauthorization Priorities (H. R. 4271, Dec. 2009) Allow states to determine required standards for eligible training providers Streamline bureaucratic requirements that force many community colleges and other training providers out of the system Allow FBOs to participate in the nation’s jobtraining system 15

Reauthorization in a Divided Government Democrats seeking more funding for One-Stops, and greater participation Reauthorization in a Divided Government Democrats seeking more funding for One-Stops, and greater participation by businesses, education officials, and community entities Biggest differences between Republicans & Democrats Participation of FBOs and Consolidating funding Streams Universal Priority (Republicans, Democrats & Obama Administration) Greater collaboration between labor and education sectors 16

WIA & ARRA Grants for Department of Labor Training & Employment Services Formula grants WIA & ARRA Grants for Department of Labor Training & Employment Services Formula grants to States Local WIBs may contract with IHEs if: It would facilitate worker training for high- demand occupations, and If such contract limits customer choice 17

WIA & ARRA To provide training services, an IHE must: Be eligible to receive WIA & ARRA To provide training services, an IHE must: Be eligible to receive federal funds under HEA Title IV, and provide a program leading to an associate or baccalaureate degree, or certificate; Carry out programs under the National Apprenticeship Act; OR Be another public or private provider of training service programs 18

Funding 19 Funding 19

Trade Adjustment Assistance Community College and Career Training Grants (TAACCCT) 20 Trade Adjustment Assistance Community College and Career Training Grants (TAACCCT) 20

TAACCCT TAA Community College & Career Training Grant Program Authorized in ARRA Funded under TAACCCT TAA Community College & Career Training Grant Program Authorized in ARRA Funded under the Health and Education Budget Reconciliation Bill Promised: $12 billion for American Graduation Initiative Reality: $2 billion for TAA 4 year grant; $500 million per year 21

TAACCCT Competitive grant Administered by DOL ETA Assists workers at firms who are, or TAACCCT Competitive grant Administered by DOL ETA Assists workers at firms who are, or threatened to be, separated from employment due to trade with foreign countries Eligibility expanded to workers in the service & public sectors, and not only manufacturing workers Workers may use benefits to pursue postsecondary degree programs at IHEs 22

TAACCCT FY 2011 - FY 2014: $500 million annually Maximum grant: $5 million per TAACCCT FY 2011 - FY 2014: $500 million annually Maximum grant: $5 million per institution or $20 million per consortium annually Grants may exceed this amount under certain circumstances (See grant solicitation) IHE’s can apply for competitive grants for training programs for TAA eligible workers Eligible IHEs meet the requirements of HEA Section 102, but only with respect to a program that can be completed within 2 years 23

TAACCCT Applicants are encouraged to work with content experts such as: Cognitive scientists, Human-computer TAACCCT Applicants are encouraged to work with content experts such as: Cognitive scientists, Human-computer interaction experts, Information technologists, Program evaluation experts, and Others as appropriate to the development and implementation of the project. 24

TAACCCT Institutions are strongly encouraged to engage in outreach and coordinate with broad networks TAACCCT Institutions are strongly encouraged to engage in outreach and coordinate with broad networks of education and training institutions in the implementation and adoption of materials to ensure widespread use and encourage continuous improvement of the courses and learning materials created by these projects. 25

TAACCCT Eligible institutions must involve at least one employer that is actively engaged in TAACCCT Eligible institutions must involve at least one employer that is actively engaged in the project in one or more of the following ways: Defining the program strategy and goals, Identifying necessary skills and competencies, Providing resources to support education/training (such as equipment, instructors, funding, internships, or other work -based learning activities), Providing assistance with program design, and Where appropriate, hiring qualified participants who complete grant-funded education and training programs. 26

TAACCCT While only one employer is required, the Department encourages applicants to collaborate with TAACCCT While only one employer is required, the Department encourages applicants to collaborate with multiple employers within a sector, ensuring that program graduates will be prepared with the skills needed in the applicant’s region 27

TAACCCT Eligible institutions must consult the public workforce system (e. g. , Local Workforce TAACCCT Eligible institutions must consult the public workforce system (e. g. , Local Workforce Investment Boards, One-Stop Career Centers, or State agencies that administer the TAA for Workers program) in the project, and the Department encourages applicants to actively engage the system in one or more of the following ways: Identifying, assessing, and referring candidates for training; Connecting workers with employers; and Providing support services for qualified individuals, where appropriate. 28

Career Pathways Innovation Fund (CPIF) 29 Career Pathways Innovation Fund (CPIF) 29

CPIF $122 million available for CPIF grants $65 million for health care sector projects CPIF $122 million available for CPIF grants $65 million for health care sector projects 40 to 50 grants ranging from $1 M to $5 M $6. 25 M of total appropriation to support grantee efforts to conduct third party evaluation of grant activities Eligible entities: Local WIBs, individual community and technical colleges, community college districts, and state community college systems Grant Announcement: http: //www. doleta. gov/grants/pdf/SGA-DFA-PY-1006. pdf 30

CPIF FY 2010: $125 million FY 2011: Nothing FY 2012: Nothing 31 CPIF FY 2010: $125 million FY 2011: Nothing FY 2012: Nothing 31

Disclaimer This presentation is intended solely to provide general information and does not constitute Disclaimer 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. 32