TEGL_19-16_Attachment_III.pdf

ETA Advisory File Text

Attachment III Key Terms and Definitions This attachment is designed to be a key resource when implementing this TEGL for some of the key terms and definitions utilized by WIOA and the Final Rules. This is not intended to be an exhaustive list of all program definitions see WIOA sec. 3 and 20 CFR 675.300 for a full list of definitions. ACTIVE DUTY 38 USC 101 21 - means full-time duty in the active military service of the United States. Such term includes full-time training duty annual training duty and attendance while in the active military service at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty. ADULT WIOA sec. 3 2 means an individual who is age 18 or older. ADULT EDUCATION AND LITERACY ACTIVITIES 463.30 means programs activities and services that include A Adult education B Literacy C Workplace adult education and literacy activities D Family literacy activities E English language acquisition activities F Integrated English literacy and civics education G Workforce preparation activities or H Integrated education and training BASIC SKILLS DEFICIENT WIOA sec. 3 5 means with respect to an individual A who is a youth that the individual has English reading writing or computing skills at or below the 8th grade level on a generally accepted standardized test or B who is a youth or adult that the individual is unable to compute or solve problems or read write or speak English at a level necessary to function on the job in the individual s family or in society. CAREER PATHWAY WIOA sec. 3 7 means a combination of rigorous and high-quality education training and other services that A aligns with the skill needs of industries in the economy of the State or regional economy involved B prepares an individual to be successful in any of a full range of secondary or postsecondary education options including apprenticeships registered under the Act of August 16 1937 commonly known as the National Apprenticeship Act 50 Stat. 664 chapter 663 29 U.S.C. 50 et seq. referred to individually in this Act as an apprenticeship except in section 171 2 C includes couns eling to support an individual in achieving the individual s education and career goals D includes as appropriate education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster E organizes education training and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable F enables an indiv idual to attain a secondary school diploma or its recognized equivalent and at least 1 recognized postsecondary credential and G helps an individual enter or advance within a specific occupation or occupational cluster. CAREER PLANNING WIOA sec. 3 8 means the provision of a client -centered approach in the delivery of services designed - A To prepare and coordinate comprehensive employment plans such as service strategies for participants to ensure access to necessary workforce investment activities and supportive services using where feasible computer -based technologies and B To provide job education and career counseling as appropriate during program participation and after job placement. DEPLOYMENT 10 USC 991 b means A A member of the Arme d F orces is considered to be deployed or in a deployment on any day on which pursuant to orders the member is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the member to spend off -duty time in the housing in which the member resides when on garrison duty at the member s permanent duty station or homeport as the case may be. B In the case of a member of a reserve component who is performing active service pursuant to ord ers that do not establish a permanent change of station the housing referred to in paragraph 1 is any housing which may include the member s residence that the member usually occupies for use during off -duty time when on garrison duty at the member s permanent duty station or homeport as the case may be. C A member is not deployed or in a deployment when the member is i Performing service as a student or trainee at a school including any Government school 3 ii Performing administrative guard or detail du ties in garrison at the member s permanent duty station or iii Unavailable solely because of -- 1 a hospitalization of the member at the member s permanent duty station or homeport or in the immediate vicinity of the memb er s permanent residence or 2 a disciplinary action taken against the member. DISLOCATED WORKER WIOA sec. 3 15 means an individual who A i has been terminated or laid off or who has received a notice of termination or layoff from employment including separation notice from active military service under other than dishonorable conditions ii I is eligible for or has exhausted entitlement to unemployment compensation or II has been employed for a duration sufficient to demonstrate to the appropriate entity at a one -stop center referred to in section 121 e attachment to the workforce but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law and iii is unlikely to return to a previous industry or occupation B i has been terminated or laid off or has received a notice of termination or layoff from employment as a result of any permanent closure of o r any substantial layoff at a plant facility military installation or enterprise ii is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days or iii for purposes of eligibility to receive services other than training services described in section 134 c 3 career services described in section 134 c 2 A xii or supportive services is employed at a facility at which the employer has made a general announcement that such facilit y or military installation will close C was self -employed including employment as a farmer a rancher or a fisherman but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural d isasters D is a displaced homemaker or E i is the spouse of a member of the Armed Forces on active duty as defined in section 101 d 1 of title 10 United States Code and who has experienced a loss of 4 employment as a direct result of relocation to accommodate a permanent change in duty station of such member or ii is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph 16 B . DISPLACED HOMEMAKER WIOA sec. 3 16 means an individual w ho has been providing unpaid services to family members in the home and who A i has been depending on the income of another family member but is no longer supported by that income or ii is the dependent spouse of a member of the Armed Forced on activ e duty as defined in section 101 d 1 of title 10 United States Code and whose family income is significantly reduced because of a deployment as defined in section 991 b of title 10 United States Code or pursuant to paragraph 4 of such section a call or order to active duty pursuant to a provision of law referred to in section 101 a 13 B of title 10 United States Code a permanent change of station or the service -conne cted as defined in section 101 16 of title 38 United States Code death or disability of the member and B Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment ELIGIBLE SPOUSE means an individual who se military active duty or veteran s pouse was a. Any veteran who died of a servi ce -connected disability b. Any member of the Armed Forces serving on active duty who at the time of application for the priority is listed in one or more of the following categories and has been so listed for a total of more than 90 days i. Missing in action ii. Captured in the line of duty by a hostile force or iii. Forcibly detained or interned in the line of duty by a foreign government or power c. Any veteran who has a total disability resulting from a service -connected disability as ev aluated by the Department of Veterans Affairs or d. Any veteran who died while a disability was in existence. A spouse whose eligibility is derived from a living veteran or service member i.e. categories b. or c. above would lose his or her eligibilit y if the veteran or service member were to lose the status that is the basis for the eligibility e.g. if a veteran with a total service -connected disability were 5 to receive a revised disability rating at a lower level . Similarly for a spouse whose eligi bility is derived from a living veteran or service member that eligibility would be lost upon divorce from the veteran or service member. ENGLISH LANGUAGE ACQUISITION PROGRAM 34 CFR 463.31 is a program of instruction A That is designed to help eligible individuals who are English language learners achieve competence in reading writing speaking and comprehension of the English language and B That leads to 1 a Attainment of a secondary school diploma or its recognized equivalent and b Transition to postsecondary education and training or 2 Employment EXIT see 20 CFR 677.150 for full definition as defined for the purpose of performance calculations for the WIOA Adult Dislocated Worker and Employment Service programs exit is the point after which a participant who has received services through any program meets the following criteria 1 For the adult dislocated worker and youth programs authorized under WIOA title I the AEFLA program authorized under WIOA title II and the Emp loyment Service program authorized under the Wagner -Peyser Act as amended by WIOA title III exit date is the last date of service. a. The last day of service cannot be determined until at least 90 days have elapsed since the participant last received servic es services do not include self -service information -only services or activities or follow -up services. This also requires that there are no plans to provide the participant with future services. FAMILY 20 CFR 675.300 - means two or more persons relat ed by blood marriage or decree of court who are living in a single residence and are included in one or more of the following categories A A married couple and dependent children B A parent or guardian and dependent children or C A married couple. HOME LESS INDIVIDUAL OR HOMELESS CHILDREN AND YOUTHS WIOA sec. 3 24 G is an individual who meets any of the following criteria A Lacks a fixed regular and adequate nighttime residence this includes a participant who 6 a. Is sharing the housing of other perso ns due to loss of housing economic hardship or a similar reason b. Is living in a motel hotel trailer park or campground due to a lack of alternative adequate accommodations c. Is living in an emergency or transitional shelter d. Is abandoned in a hospital or e. Is awaiting foster care placement B Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings such as a car park abandoned building bus or train stati on airport or camping ground C Is a migratory child who in the preceding 36 months was required to move from one school district to another due to changes in the parent s or parent s spouse s seasonal employment in agriculture dairy or fishing work or D Is under 18 years of age and absents himself or herself from home or place of legal residence without the permission of his or her family i.e. runaway youth Note - A participant imprisoned or detained under an Act of Congress or State law does not meet t he definition. Additionally a participant who may be sleeping in a temporary accommodation while away from home should not as a result of that alone be recorded as homeless. INDIVIDUAL EMPLOYMENT PLAN 20 CFR 680.170 is an individualized career ser vice under WIOA sec. 134 c 2 a xii II that is developed jointly by the participant and career planner when determined appropriate by the one -stop operator or one -stop partner. This plan is an ongoing strategy to identify employment goals achieveme nt objectives and an appropriate combination of services for the participant to achieve the employment goals. INDUSTRY OR SECTOR PARTNERSHIP WIOA sec. 3 26 means a workforce collaborative convened by or acting in partnership with a State board or local board that A organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes at the appropriate stage of development of the partnership i representatives of multiple businesses or other employers in the industry cluster including small and medium -sized employers when practicable ii 1 or more representatives of a recognized State labor organization or central labor council or another labor representative as appropriate and 7 iii 1 or more representatives of an institution of higher education with or another provider of education or training programs that support the industry cluster and B may include representatives of i Sta te or local government ii State or local economic development agencies iii State boards or local boards as appropriate iv a State workforce agency or other entity providing employment services v other State or local agencies vi business or trade associations vii economic development organizations viii nonprofit organizations community -based organizations or intermediaries ix philanthropic organizations x industry associations and xi other organizations as determined to be n ecessary by the members comprising the industry or sector partnership. INTEGR ATED EDUCATION AND TRAINING 34 CFR 463.35 refers to a service approach that provides adult education and literacy activities concurrently and contextually with workforce pre paration activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. LOW -INCOME INDIVIDUAL WIOA sec. 3 36 means an individual who A IN GENERAL i receives or in the past 6 months has received or is a member of a family that is receiving or in the past 6 months has received assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 7 U.S.C. 2011 et seq. th e program of block grants to States for temporary assistance for needy families program under part A of title IV of the Social Security Act 42 U.S.C. 601 et seq. or the supplemental security income program established under title XVI of the Social Secur ity Act 42 U.S.C. 1381 et seq. or State or local income -based public assistance ii is in a family with total family income that does not exceed the higher of 8 I the poverty line or II 70 percent of the lower living standard income level iii i s a homeless individual as defined in section 41403 6 of the Violence Against Women Act of 1994 42 U.S.C. 14043e 2 6 or a homeless child or youth as defined under section 725 2 of the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11434a 2 iv receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act 42 U.S.C. 1751 et seq. v is a foster child on behalf of whom State or local government payments are made or vi is an indivi dual with a disability whose own income meets the income requirement of clause ii but who is a member of a family whose income does not meet this requirement. LONG TERM UNEMPLOYED INDIVIDUAL see Bureau of Labor Statistics definition is a person who has been unemployed for 27 or more consecutive weeks. NONTRADITIONAL EMPLOYMENT WIOA sec. 3 37 refers to occupations or fields of work for which individuals from the gender involved comprise less than 25 percent of the individuals employed in each s uch occupation or field of work. PARTICIPANT 20 CFR 677.150 is a reportable individual who has received services other than the services described in paragraph a 3 of this section after satisfying all applicable programmatic requirements for the pr ovision of services such as eligibility determination. 1 For the Vocational Rehabilitation VR program a participant is a reportable individual who has an approved and signed Individualized Plan for Employment IPE and has begun to receive services. 2 For the WIOA title I youth program a participant is a reportable individual who has satisfied all applicable program requirements for the provision of services including eligibility determination an objective assessment and development of an individual ser vice strategy and received 1 of the 14 WIOA youth program elements in sec. 129 c 2 of WIOA. 3 The following individuals are not participants a. Individuals in an Adult Education and Family Literacy Act AEFLA program who have not completed at least 12 cont act hours b. Individuals who only use the self -service system . 9 i. Subject to paragraph a 3 ii B of this section self -service occurs when individuals independently access any workforce development system program s information and activities in either a ph ysical location such as a one -stop center resource room or partner agency or remotely via the use of electronic technologies. ii. Self -service does not uniformly apply to all virtually accessed services. For example virtually accessed services that provide a level of support beyond independent job or information seeking on the part of an individual would not qualify as self -service. c. Individuals who receive information -only services or activities which provide readily available information that does not req uire an assessment by a staff member of the individual s skills education or career objectives. 4 Programs must include participants in their performance calculations. REPORTABLE INDIVIDUAL 20 CFR 677.150 is an individual who has taken action that demo nstrates an intent to use program services and who meets specific reporting criteria of the program including 1 Individuals who provide identifying information 2 Individuals who only use the self -service system or 3 Individuals who only receive information -only services or activities. SERVICE CONNECTED 38 USC 101 16 means with respect to disability or death that such disability was incurred or aggravated or that the death resulted from a disability incurred or aggravated in line of duty in the active military naval or air service. TRANSITIONAL JOB 20 CFR 680.190 is a time limited work experience that is wage -paid and subsidized and is in the public private or non -profit sectors for those individuals with barriers to employment who are chronica lly unemployed or have inconsistent work history as determined by the Local Workforce Development Board. These jobs are designed to enable an individual to establish a work history demonstrate work success in an employee -employer relationship and devel op the skills that lead to unsubsidized employment. WORK EXPERIENCE OR INTERNSHIP 20 CFR 680.180 is a planned structured learning experience that takes place in a workplace for a limited period of time. Internships and other work experiences may be paid or unpaid as appropriate and consistent with other laws such as the Fair Labor Standards Act. An internship or other work experience may be arranged within the private for profit sector the non -profit sector or the public sector. Labor standard s apply in any work experience setting where an employee employer relationship as defined by the Fair Labor Standards Act exists. Transitional Jobs are a type of work experience. 10 WORKFORCE PREPARATION ACTIVITIES 34 CFR 463.34 include activities pro grams or services designed to help an individual acquire a combination of basic academic skills critical thinking skills digital literacy skills and self -management skills including competencies in A Utilizing resources B Using information C Working wi th others D Understanding systems E Skills necessary for successful transition into and completion of postsecondary education or training or employment and F Other employability skills that increase an individual s preparation for the workforce.