WIA Questions and Answers
Questions Regarding Youth

Question #1 (9/28/00)
Since the State didn't require a Request for Proposal (RFP) for youth services to the local areas, are we required to complete the RFP process as we begin planning for our youth program? We plan on working with our local Jobs for Ohio's Graduates (JOG) program, and need to know if we can directly do a contract with them, or do we need to RFP first?

Response
The grant recipient/fiscal agent can provide services without competitive procurement. Other youth providers are to be awarded grants or contracts on a competitive basis. Areas/subareas should follow their local procurement policies.

Question #2 (9/28/00)
Can our year around youth program include both educational activities and work activities similar to the "typical summer youth program?"

Response
The design of local youth programs is described in the WIA Regulations, Section 664.405. Youth programs must provide an objective assessment, develop an individual service strategy for each youth, and provide preparation for post secondary educational opportunities, provide linkages between academic and occupational learning and provide preparation for employment. Section 664.410 of the WIA Regulations shows that local youth programs must include each of the ten program elements listed in WIA Section 129(c)(2) as options available to youth participants.

This type of youth activity may be provided if: 1) the youth council recommends approval of these types of youth activities to address the needs of youth in the local area; 2) if the local board selects providers of these activities on a competitive basis; 3) if the youth's assessment shows this to be an appropriate activity; and 4) it is written into his/her service strategy as an appropriate activity to address one or more of the ten program elements.

Question #3 (9/28/00)
What specific definition are you using for youth when defining "disability?"

Response
Section 101 (17) of the WIA says that the term "individual with a disability means an individual with any disability as defined in section 3 of the Americans with Disabilities Act of 1990 (ADA) the ADA definition is: The term "disability" means, with respect to an individual--

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

The Americans with Disabilities Act is on the U.S. Department of Labor - Disability Resources website: http://www.dol.gov/dol/topic/disability/ada.htm.

Question #4 (9/28/00)
Can a county pay WETA (Work Experience/Training Allowance) by vouchers to the youth involved in the Youth Program run by the county instead of paying it as wages through payroll and deducting taxes?

Response
Work experience is a job and the youth is an employee. Taxes need to be deducted from wages.

Question #5 (10/12/00)
Per Guidance Letter 6-2000, Basic Skills Deficient is defined according to WIA which states "has English, reading, writing, or computing skills at or below the 8^th grade level". Is this grade level 8.0 or grade level 8.9?

Response
The Final Regulations criterion for deficient in basic literacy skills (664.205(a)(1)) : "Computes or solves problems, reads, writes, or speaks English at or below the 8^th grade level..."

The Workforce Investment Act Title IB Standardized Record Data (WIASRD) p.9 Item 23 states that : One of the determinations for an individual to be basic literacy skills deficient is that computes or solves problems, read, write, or speak English at or below grade level 8.9 ...

My interpretation is that there is no difference between 8.9 and 8.0 range for determining services or reporting requirements.

The State of Ohio 5 year Plan defines deficient in basic literacy skills as "having a math, English reading, or writing level that is one or more grade levels below the grade level appropriate to the age of the individual; or having English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion referenced test.

***(For clarity, Question #6 is broken down into five separate parts.) ***

Question #6(a) (10/12/00)
Per Guidance Letter 6-2000, Deficient in Basic Literacy Skills is defined as: Computes or solves problems, reads, writes or speaks English at or below 8.9. What is the difference between this definition of deficient in basic literacy skills" and the definition for Basic Skills Deficient?

Response
Final Regulations-Preamble

"664.205 is revised to better align the definition of these two terms by using the same grade level criterion for both terms."

The Workforce Investment Act Title IB Standardized Record Data (WIASRD) p.9 Item 24 states that "grade levels below 9^th grade are considered "basic skills deficient" in accordance with WIA 101(4)."

Difference: "the regulatory definition of "deficient in basic literacy skills" is based in the statutory definition of the term "literacy" found in WIA section 203 and basic skills deficient is not."

Question #6(b) (10/12/00)
How is "level" defined in this definition of Deficient in Basic Literacy Skills?

Response
Local decision.

Question #6(c) (10/12/00)
How is OR interpreted? Does it mean that we can choose either definition to define "deficient in basic literacy skills" or does it mean that we must use both definitions and if an individual meets either definition then he is determined "deficient in basic literacy skills"?

Response
The State of Ohio 5 Year Plan states that "deficient in basic literacy skills" as it applies to youth eligibility is two part and only one part must apply to determine eligibility. See above definition.

Question #6(d) (10/12/00)
Who counts in the skill attainment rate? Is it youth assessed as "basic skills deficient" or is it youth assessed as " deficient in basic literacy skills" or is it both?

Response
Performance measure question. I'm going to guess it is basic skills deficient.

Question #6(e) (10/12/00)
DOL TEGL 7-99 states that youth assessed as "deficient in basic literacy skills" must set a basic skills goal. Where is this stated in the Act or Regulations? I can't find it. Do we follow 7-99 or the Act and Regulations? If we follow 7-99, then we must set basic skills as a goal even if a youth does not want the assistance with basic skills? How can we force a goal on a youth? How can we be held accountable for a goal that a youth does not want set?

Response
a) It is not stated in the Act or the Regulations.
b) For reporting purposes you need to follow 7-99 WIASRD.
c) Apparently yes.
d) You cannot force a goal on a participant, but you may offer incentives, i.e. bonuses, stipends etc. for those who participate in basic skills goal. Local decision.
e) If you do not report it, you are not held accountable. I don't know how this will affect the performance measures.

Question #7 (10/26/00)
Is it permissible to individually contract with the training vendors for classroom training for older youth? Is paying for it through an individual contract okay?

Response
Yes, it is acceptable to pay for individual contracts for youth training services, as long as the contracts are secured on a competitive basis. Youth 18 and over can use ITAs if they are concurrently enrolled in the adult and youth program.

Question #8 (10/26/00)
Does a youth training provider have to be on the approved statewide list before they can be awarded a contract as the ITA providers do?

Response
No, youth providers do not have to be on the approved statewide eligible provider list before they can be awarded a contract. However, a list must be compiled and submitted to the state so a statewide list of the youth training providers may be distributed. A memo was circulated dated May 31, 2000 regarding the eligible training provider certification procedure. Within that memorandum, instructions were given for identifying training providers for youth activities.

The state is requiring, at a minimum, that the following information be submitted on youth training providers for the statewide list:

• name of youth training provider
• type of training/education institution
• description of youth program
• cost of the program the areas (county or city, etc) the program serve

Question #9 (10/26/00)
Is there any way that some areas may waive the 30% out-of-school requirements for youth services? Some countys' drop out population is extremely small. They're worried that they can't access the entire allocation if they are held to a requirement they can't possibly meet. How can we help them provide services without punishing them for having a low drop-out rate?

Response
Counties with a low drop out rate need to take into consideration all out-of-school youth in the community. This includes high school dropouts plus eligible youth who received a HS diploma or equivalent but are basic skills deficient, unemployed or underemployed.

If after considering all out-of-school youth, the county still doesn't think they will be able to meet the percentage because of a low number of out-of-school youth, then section 129 (c)(4)(B) of the Act, which discusses exceptions for the 30 % funds, could apply. This basically entails the State

determining that the local area would be unable to meet the percentage based on an analysis of the eligible youth population in the local area. The State would then submit a request to the Secretary (U.S. Department of Labor) for a reduced percentage and include the analysis that was conducted. The request would need to be approved by the Secretary.

Question #10 (10/26/00)
This question concerns the Younger Youth Retention Rate. How is it going to be tracked that the younger youth is in one of the following areas the third quarter after exit:

- post-secondary education,
- advanced training,
- employment,
- military service, or
- apprenticeship

I can see wage earnings records being used for employment but what about the other areas? Is SRG going to do a follow-up to check out the other areas?

Response
The case manager must check the options on the drop down menu on the Servicelink system. The options are: post-secondary education, advanced training, employment, military service and qualified apprenticeships.

For the numerator we check the following criteria:

For the denominator we check the following criteria:

Question #11 (10/26/00)
A person is attending college and is receiving financial aid. However, it has all been used for tuition. He wants help buying books for the quarter. Do we have to incorporate core and intensive services to provide the funding, and if so, how do we do it? If not, how do we do it?

Response
An individual must be determined eligible to receive services. If the individual is determined eligible, core services have to be provided to determine the needs of the individual. If a client needs support services, then they can be provided. If all they need are books, perhaps they could be referred to another agency or organization that could assist in that area. Keep in mind the impact that services have on performance.

Question #12 (10/26/00)
A 17 year old youth participated in the summer employment opportunities component of the youth program. The participant graduated from high school, turned 18 in July, and began college in September. The participant is requesting assistance to go to school. The only way to assist him is through and ITA with adult funds; however, Servicelink shows him as 17 and ineligible for

adult funds. How do we address this? Do we create a new Servicelink record as if he is a new participant?

Response
An ITA with adult funds is not the only way that a youth participant may be served. Individual contracts for youth training services are acceptable as along as they are secured on a competitive basis. You could also assist the youth in applying for a PELL grant and look at other available funding sources.

Question #13 (11/21/00)
Supportive services for youth are defined as transportation, child care, dependent care, and housing. Also the definition is further enhanced by adding (664.440) linkages to community services, referrals to medical services, and assistance with uniforms or other appropriate work attire and related tools, including eye glasses and protective eye gear. Since follow-up is provided to exited youth and follow-up services may include supportive services(664.450), then supportive services can be provided to both active WIA youth and exited WIA youth. Is this correct?

Response
Yes, supportive services can be provided to both active WIA youth and exited WIA youth if needed and purchased within your established policy.

Follow-up services are emphasized as one of the ten required youth program elements. All youth participants must receive some form of follow-up services for a minimum duration of twelve months after exit from one of the ten program elements. As long as youth are receiving WIA or WIA partner services they are considered active participants. Therefore, exit and subsequently follow-up may not occur for some in-school youth participants until after graduation from high school, (such as 14 and 15 year olds who are returning to school after the summer component). Follow-up services may be provided beyond twelve months at the Local Board's discretion. The types of follow-up services provided are determined based on the needs of the individual youth and the objectives set by the Local Board. (Reference Training and Employment Guidance Letter (TEGL) 3-99.

Question #14 (11/21/00)
Occupational skill training must be made available as a youth element. What is the definition of occupational skill training and where can I find it in the Act or Regulations?

Response
There is not a definition of occupational skills training in the Act or the Regulations. Based on the performance indicators for youth aged 19-21, occupational skills are those skills attained by participants who enter post-secondary education, advanced training, or unsubsidized employment.

Occupational skill training prepares youth to enter the world of work. Training may be provided by various organizations, such as: career/vocational training for out-of-school youth; two and four year community colleges; community rehabilitation programs; On-the-Job training; apprenticeships; and proprietary schools (Ref. "WIA Planning Reference, Youth Transitional Plan Template"). In addition, the "Abbreviated Transitional Plan For WIA Title I Youth Activities" identifies the following organizations and institutions that provide occupational skill training: Full Service Centers, Correctional Facility Vocational Programs, Community Colleges, Universities, On-the-Job Training, Apprenticeship, Skill Trades for Nontraditional Occupations, Outreach to Women and other appropriate entities and programs.

The definition of occupational skills goal may be found on page 22 of TEGL 7-99.

Question #15 (11/21/00)
Does enrolling a participant at a local technical college to receive training in business, nursing, etc. qualify as occupational skill training? If so, can we fund the occupational skill training using youth funds rather than enrolling the participant as an adult and using the ITA system? If we could do this, it would help us meet the 30% out-of-school youth requirements since a college student would qualify as an out-of-school youth.

Response
Yes, enrolling a participant at a local technical college to receive training would fall under the occupational skills training category. Occupational skills training can be funded out of youth funds rather than adult funds.

A college student would have to meet the definition of "eligible youth" (14-21, low income and barrier category) in accordance with Section 101(13), and "out-of-school youth" as defined in Section 101(33) school dropout, has a secondary school diploma and is basic skills deficient, has a secondary school diploma and is unemployed, or has a secondary school diploma and is underemployed.) WIA funds should be coordinated with other sources of assistance, including Federal Pell Grants.

Question #16 (11/28/00)
Since an ITA can't be used to fund youth training, what type of agreement/contract can we use to fund youth occupational skill training? What can be used to fund a youth taking training at a technical college, community college or other type of provider?

Response
Local areas may develop a cost reimbursement or performance-based contractual agreement.

Although you may not use an ITA to fund youth training for youths 14 through 17 years of age, youths who are 18 to 21 can receive ITAs when enrolled in an adult program under Title I. An older youth has to be concurrently enrolled in both the adult and youth programs. This is one way to pay for an older youth's training. Refer to 664.500 in the Regulations which addresses concurrent enrollment. There would be a division of costs where Title I adult funds pay for training and youth funds pay for individual service strategies, etc.

For younger youth and older youth who are not registered under the Title I adult program, the Regulations state that youth program elements must be competitively selected (Pg. 49352 of the preamble to the Regs.).

Question #17 (11/28/00)
My question concerns moving all employed individuals, both adult participants and dislocated worker participants, from intensive to training services. They are already employed and the Final Rule states that the requirement to move from intensive to training is "unable to obtain employment or retain employment" from the receipt of intensive services. If a person is already employed and job retention is not an issue, how does an employed person ever move into training? He is already employed. In my opinion, it should be "unable to find self-sufficient" employment which is the requirement for employed individuals to move from core to intensive services.

Response
This issue is currently under consideration. We anticipate that guidance may be forthcoming in the near future.

Question #18 (12/11/00)
Do the 10 elements that must be available to youth in the youth system, need to be funded or developed by WIA funds if they are currently available in the community?

Response
The 10 youth program elements must be made available, but do not have to be paid for with WIA funds. If they are currently available in the community, you should build upon them.

Question #19 (12/11/00)
A WIA youth participant who performs work-related activities at an employer site may be considered an employee of that site, or may be considered an employee of the local WIA provider. Additionally, a youth performing work-related activities at an employer site may not be an employee, but may be a participant enrolled in a training or enrichment activity. How is a local area able to determine which of these situations exists?

Response
In order for an individual to not be considered an employee, an employer/employee relationship as defined in the Fair Labor Standards Act cannot exist. According to the Department of Labor, if all of the following six (6) items exist, the WIA youth participant is not an employee of the employer site or local WIA board: (1) the experience is essentially a training experience similar to a vocational school; (2) the participant is primarily the beneficiary of the experience; (3) regular employees are not displaced and the experience is closely supervised/observed; (4) the "employer" that hosts the experience derives no immediate or significant advantage (and may experience an actual downside); (5) the participant is not necessarily entitled to a job at the conclusion of the experience; and, (6) there is mutual understanding between the participant and the host agency that the participant is not entitled to wages for this time because the activity is essentially a training experience. If any of these 6 conditions are not met, then the WIA youth participant must be considered to be an employee.

The local WIA provider has the option of determining that they will be the employer of the WIA youth. As the employer, they would be responsible for all employer taxes.

The local WIA provider may also choose that the onsite employer must be the employer of record. In this situation, the onsite employer would be responsible for paying all taxes and providing similar benefits as are available to other employees.

If an employee/employer relationship does exist, the local WIA operator may find it advisable to be the employer of record and refer the youth participant to a worksite so they may receive experience. Local WIA operators may find employers reluctant to assume responsibility for youth as employees.

For situations where the previously listed 6 conditions are met, the local WIA operator may elect to pay youth an allowance or stipend. The stipend amount may not be below the minimum wage. Travel costs may also be paid.

Question #20 (12/11/00)
If the six conditions are met, and the Workforce Development Agency plans to have this documented in an agreement with each organization/business where a youth will be placed for training activity, can they (the WDA) with approval from their WIA board, decide to give each youth an allowance or stipend for meeting certain milestones during their training activity?

Response
Yes, this is permissible - they could also give the youth an incentive payment for achieving certain milestones. See below excerpt from the Department of Labor's Q&A dated August 2000:

Q. Are incentives and stipends for such activities as GED completion, allowable expenditures under the WIA youth program?

A. Yes. Reasonable incentives and stipends are allowable expenditures under the WIA youth program, provided that the provision of an incentive or stipend is included in the participant's individual assessment and service strategy. Local Boards should take into account the cost effectiveness of providing incentives and/or stipends based upon local youth funding levels and the capacity of the local youth program to provide a quality offering of the required youth program elements as well as incentives and /or stipends.

Also from the DOL Q&A and possibly of interest to you:

Q. Since the regulations allow WIA funds to be used to pay youth in work experience, does it also allow youth to be paid for an entire day of work if at least 51% of that youth's time is spent in work experience with the rest of the day in some other type of allowable training? For example, if a youth spends five hours per day in work experience and three hours in GED preparation, could he or she be paid for eight hours of work? (Note: this was allowable under JTPA.)

A. Yes. See the previous answer regarding incentive payments. This is one way the incentives could be used.

Question #21 (12/21/00)
I've checked the Ohioworkforce.org website, WIA Q and A, Youth Programs, Q&A #4. This says - a Work Experience or Training Activity is automatically considered employment - it doesn't even mention the 6 conditions. Can you please provide clarification?

Response
Yes - we received new information from DOL after that particular Q&A was posted on the website in September. This is an excellent question. It's a perfect opportunity for us to stress that the responses on the Q&A website reflect the most current information that we have available; therefore, it is advisable for you to follow the Q&A with the most recent date.

Question #22 (12/11/00)
Can local areas use an IEP developed by a school to determine if a person has a disability?

Response
Yes - the Individual Education Plan IEP developed by the Department of Education was designed to address the requirements of the American's with Disabilities Act, and may be used to identify youth with disabilities.

Question #23 (1/9/01)
Can an employer pay the salary of a youth on a work site, take out all taxes, worker's compensation etc., and the Workforce Development Agency (WDA) reimburse the employer (Similar to SEP)? Would a simple contract between the employer and the county suffice?

Response
Yes, the county can reimburse the employer for the salary, taxes, worker's compensation, etc. in the situation that is described above. If the WDA wants to pay the youth a wage through the employer (i.e., the employer pays the youth and is reimbursed by the WDA) the WDA would need to enter into a contract with the employer.

However, the county should consider whether the youth is performing work-related activities at an employer site or whether they are enrolled in a training or enrichment activity. If the activity that the youth is participating in is considered a training or enrichment activity, a stipend can be paid to the participant. Reference questions 19 and 20 in the youth section of our Q&A website.