TEN_28-16_Change_2_acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION U.S. DEPARTMENT OF LABOR WASHINGTON D.C. 20210 TO ALL ETA GRANTEES STATE LABOR COMMISSIONERS STATE LABOR MARKET INFORMATION DIRECTORS STATE MONITOR ADVOCATES STATE UNEMPLOYMENT INSURANCE DIRECTORS STATE DIRECTORS OF VETERANS EMPLOYMENT AND TRAINING STATE WORKFORCE AGENCIES ADMINISTRATORS WORKFORCE DEVELOPMENT BOARD STATE CHAIRS WORKFORCE DEVELOPMENT BOARD STATE EXECUTIVE DIRECTORS WORKFORCE DEVELOPMENT BOARD LOCAL EXECUTIVE DIRECTORS WORKFORCE DEVELOPMENT BOARD LOCAL CHAIRS AMERICAN JOB CENTER MANAGERS NATIONAL FARMWORKER JOBS PROGRAM GRANTEES INDIAN AND NATIVE AMERICAN GRANTEES YOUTHBUILD GRANTEES SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM GRANTEES FR OM PORTIA WU s Assistant Secretary S UBJECT Change 2 - Best Practices Partnership Models and Resources Available for Serving English Language Learners Immigrants Refugees and New Americans 1.Purpose. This Change 2 replaces and makes corrections to the previously issued Training and Employment Notice TEN 28-16 to inform the workforce system with examples best practices partnership models and information on how to align resources available under the Workforce Innovation and Opportunity Act WIOA to increase services to English Language Learners ELL with substantial cultural and language barriers to employment. It further provides information to the workforce system including partner programs and entities that are jointly responsible for workforce and economic development educational and other human resource programs about how to align their efforts to provide basic career services individualized career services and training services. T his Change 2 updates the following two sections of TEN 28-16. Everything else remains the same. Paragraph 3 in the Section 2 Background on page 2 includes a more comprehensive description of the WIOA Section 188 implementing regulations and Section 7 Resources on page 8 includes technical assistance materials for WIOA Section 188 implementing regulations. TRAINING AND EMPLOYMENT NOTICE NO. 28 -16 Change 2 DATE January 18 2017 2 2. References. Workforce Innovation and Opportunity Act Public Law 113-128 29 U.S.C. 3121 et. seq. Training and Employment Guidance Letter TEGL No. 4-15 Vision for the One-Stop Delivery System under WIOA TEGL No. 19-14 Vision for the Workforce System and Initial Implementation of WIOA TEGL No. 02-14 Eligibility of Deferred Action for Childhood Arrivals Participants for Workforce Investment Act and Wagner-Peyser Act Programs TEGL No. 04-15 Vision for the One-Stop Delivery System under WIOA and Section 188 WIOA Nondiscrimination and Equal Opportunity Regulations 29 CFR Part 38 . 3. Background. Signed into law on July 22 2014 WIOA is designed to help job seekers and worker customers access employment education training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA supersedes the Workforce Investment Act of 1998 and amends the Adult Education and Family Literacy Act the Wagner-Peyser Act and the Rehabilitation Act of 1973. It presents an extraordinary opportunity for the workforce system to demonstrate its ability to improve the job and career options for individuals through an integrated job driven public workforce system that links diverse talent to America s businesses. The publicly funded workforce system envisioned by WIOA is quality-focused employer- driven customer-centered and tailored to meet the needs of regional economies. It is designed to increase access to and opportunities for the employment education training and support services that individuals need to succeed in the labor market particularly those with barriers to employment. Part of the national vision for American Job Centers AJCs formerly one-stop centers is to ensure meaningful access to all customers including participants with substantial cultural and language barriers to employment. Section 188 of WIOA prohibits discrimination because of race color religion sex national origin including limited English proficiency LEP age disability or political affiliation or belief. In addition for beneficiaries applicants and participants only WIOA prohibits discrimination because of citizenship status or because of an individual s participation in a WIOA Title I financially assisted program or activity. Section 188 specifically requires covered entities within the workforce system to take reasonable steps to ensure meaningful access to each LEP individual served or encountered so that they may be effectively informed about and or able to participate in programs and activities.1 Underlying the vision for AJCs and the intent behind Section 188 is the idea that the workforce system should provide high quality of service and serve the needs of all 1 Please note that compliance with WIOA s ELL provisions and the best practices described in this TEN does not ensure compliance with WIOA Section 188 or 29 CFR 38. For more information and best practices guidance on how to comply with Section 188 s requirements with respect to individuals who are limited English proficient LEP including requirements for providing oral interpretation or written translation of both hard copy and electronic materials in the appropriate non-English languages to LEP individuals please see the Department of Labor s Civil Rights Center s CRC website at https www.dol.gov crc 188rule . Covered entities may also submit technical assistance requests to CRC at civilrightscenter dol.gov . 3 customers. In so doing AJCs can help individuals succeed using principles of universal access and customer-centered design such as flexibility in space usage and the use of pictorial written verbal and tactile modes to present information for all customers including those who are English Language Learners individuals with disabilities and others . In addition AJCs staff the resource rooms with career counselors who offer knowledgeable assistance and guidance to all jobseekers using language and strength-based assessments and by providing necessary assistance and accommodations. 4. Unique Needs of Individuals who are English Language Learners and who Face Substantial Cultural Barriers. Individuals who are English Language Learners and who face substantial cultural barriers including immigrants refugees and new Americans often encounter challenges that make it difficult to find and retain jobs. These barriers vary among individuals and may include limited English proficiency limited cultural competency prior trauma low educational attainment in native countries or the failure to have advanced degrees credentials and or licenses attained abroad recognized in the United States. The needs of low-skilled and high- skilled immigrants differ significantly and for employment and training services to be most effective they must be tailored to the specific needs of the individual. Unique needs include but are not limited to the following English proficiency. English proficiency is key to an individual s access to higher-paying jobs. Becoming proficient in English increases immigrants refugees and new Americans engagement with their new country and ability to perform basic life functions as well as to find and retain jobs. For many immigrants refugees and new Americans contextualized workplace-based English language classes are helpful for becoming job- ready in a specific field. English Language Learners consistent with WIOA are eligible for priority of service under WIOA sec. 134 c 3 E which provides priority to recipients of public assistance other low-income individuals and individuals who are basic skills deficient. Cultural competence. Immigrants refugees and new Americans may need help to become familiar with United States job application processes interviews workplace customs and culture to become job-ready. This may include learning how to grow their professional network socially. For example AJCs may offer mock interviews to assist participants in learning the cultural nuances of questions asked in the United States. Trauma. Some immigrants refugees and new Americans may need referrals to additional services that are designed to address symptoms of previously experienced trauma. For example some individuals may have endured violence and other physical hardships as a result of armed conflict in their country of origin. In other instances they may be survivors of human trafficking whether labor or sexual. Access to support services via a referral process such as trauma-informed mental health counseling culturally appropriate support groups medical care or legal services may help them more successfully engage in the employment and training process. Degrees licensing and credentials. Many immigrants refugees and new Americans hold degrees licenses and or credentials in other countries that they need to transfer to the United States or re-obtain in the United States. Receiving credit for prior learning helps these workers quickly advance with their career paths and ensure successful economic integration. 4 To learn more about how Deferred Action for Childhood Arrivals DACA participants who have employment authorization may access WIOA services see TEGL 2-14 https wdr.doleta.gov directives attach TEGL TEGL 2-14 Acc.pdf . 5. High-Quality American Job Centers Play a Critical Role in Integrating Immigrants Refugees and New Americans into their Communities. In accordance with the principles of universal access and customer-centered design under WIOA the following provides ways AJCs deliver high quality services to individuals who are English Language Learners and individuals who face substantial cultural barriers including immigrants refugees and new Americans Provide Excellent Customer Service to Job Seekers Workers and Businesses. o Reflect a welcoming environment to all customer groups who are served by the AJCs o Develop offer and deliver quality business services note that training services authorized under Title I also include English language proficiency training if provided in combination with another training service o Improve the skills of job seeker and worker customers o Create opportunities for individuals at all skill levels and levels of experience o Provide career services that motivate support and empower customers such as providing individualized career services which may include an assessment of English proficiency coupled with English language acquisition services if related to an employment need o Value skill development o Use WIOA s Priority of Service Provision o Consider target populations in developing programs so that robust programs are available for those populations o Develop outreach strategies and techniques to reach target populations and o Monitor whether programs are meeting the needs of target populations including particular training needs and wraparound services. Reflect Innovative and Effective Service Design. o Ensure meaningful access to all customers o Use an integrated and expert intake process for all customers entering the AJCs o Design and implement practices that actively engage industry sectors o Balance traditional labor exchange services with strategic talent development within a regional economy o Include both virtual and center-based service delivery for job-seekers workers and employers and o Incorporate innovative and evidence-based delivery models. Operate with Integrated Management Systems and High-Quality Staffing. o Reflect the establishment of robust partnerships o Organize and integrate services by function rather than by program o Develop and maintain integrated case management systems o Develop and implement operational policies o Use common performance indicators o Train and equip AJC staff and 5 o Staff centers with linguistically and culturally competent staff including highly trained career counselors and multi-lingual staff in languages spoken by the largest customer groups. 6. Partnership Models for Delivering High-Quality Services to Individuals who are English Language Learners and who Face Substantial Cultural Barriers. Below are a few partnership models which harness the characteristics described above. These organizations align their efforts and resources between several workforce system partners including WIOA Title I Workforce Development partners WIOA Title II Adult Education and Family Literacy partners employers and other community-based partners to provide high- quality service delivery to individuals who are English Language Learners and who face substantial cultural barriers including immigrants refugees and new Americans. These approaches produced positive outcomes for their target populations consisting largely of immigrants refugees and English Language Learners. Center for Employment and Training Skill Training and Human Development - San Jose CA The Center for Employment and Training CET is an eligible training provider in California a WIOA National Farmworker Jobs Program grantee and is accredited under the provisions in the Higher Education Act HEA . In addition to serving grantee participants CET offers a tuition-based vendor program whereby students who include migrant and seasonal farmworkers and their dependents pay for their occupational training courses via federal financial aid Pell Grants . Training courses align with career pathways emphasized in WIOA and in HEA that require alignment and a combination of training adult education and support services. This alignment and combination is an innovative and effective service design that helps students accelerate to Adult Education - English as a Second Language Literacy and Math and GED certificate preparation. CET is a member of the local American Job Center network in three of the six major agricultural regions of the state. More information about CET s best practices and success stories is available at http cetweb.org . Additionally an evaluation summary on CET which is featured in MDRC s report entitled The Challenge of Repeating Success in a Changing World is available at http www.mdrc.org project center-employment-training- replication overview . International Institute of Minnesota - St. Paul Minnesota Through the establishment of robust partnerships the International Institute of Minnesota Institute welcomes new Americans to the Twin Cities and offers them a continuum of services to promote their full integration into the community. The Institute s programming includes job training and language classes as well as refugee resettlement immigration citizenship and anti-human trafficking services. The Institute has established a partnership with St. Paul College to help immigrant and U.S.-born students progress from low-level home health aide and Certified Nurse Assistant courses at the community level into more academically challenging science classes at the college level and pursue their Licensed Practical Nursing certifications. More information about the Institute s services is here http www.iimn.org . Additionally program evaluation findings on the College Readiness Academy which includes three partner sites the Institute Hubbs Center and 6 Neighborhood House is available at http iimn.org wp-content uploads 2016 12 College- Readiness-Academy-Program-Evaluation-Findings-and-Considerations.pdf . The Neighborhoods United Network - Boise Idaho Since 2009 the Neighbors United Network helps refugees successfully integrate and thrive in Boise Idaho. Many of these refugees are highly skilled degree holders who arrived with credentials and training but with limited English proficiency and no clear path to reclaim their careers. To ensure meaningful access to all customers the program has addressed refugees needs and resources related to six pillars transportation housing health education employment and social integration. In 2014 the Neighbors United Network was one of five communities selected to participate in the U.S. Department of Education s Networks for Integrating New Americans NINA an initiative that helped communities better position adult education programs as key contributors to local multi-sector networks formed to advance immigrant integration. Through the NINA project Boise was able to focus its attention on the growing percentage of educated refugees who have more specialized job placement needs. Global Talent Idaho was launched to facilitate the economic integration of high-skilled immigrants and refugees by getting them on paths related to their fields of expertise. Boise focused on the economic integration of immigrants with professional degrees with language as a key barrier to career advancement by providing employment services via mock interviews mentoring networking resume writing and job placement in collaboration with AJCs and employers. More information about how Boise partnerships help meet the unique needs of refugees may be found here http www.neighborsunitedboise.org . Additionally more information on The Adult Education and Immigrant Integration Lessons Learned from the Networks for Integrating New Americans Initiative report is available here http worlded.org WEIInternet resources publication display.cfm txtGeoArea US id 16 503 thisSection Resources . Seattle Mayor s Office of Immigrant and Refugee Affairs Ready to Work - Seattle Washington The Ready to Work RTW program which is funded by the U.S. Department of Housing and Urban Development s Community Development Block Grant was created as a prototype model of English language acquisition career development and employment offered in a community-based setting. The program s goal is to empower and support immigrants and refugees in overcoming barriers on their journey to economic stability quality jobs and integration into life in Seattle. One of the key features of RTW is its commitment to track participants progress over a longer time frame than conventional funding streams typically allow. This integrated management system is achieved by creatively braiding together the U.S. Department of Housing and Urban Development s Community Development Block Grant WIOA and other funds to support the RTW program for English Language Learners who need to find their first American job. More about the Ready to Work program is available at http www.seattle.gov iandraffairs RTW . Seattle s Workforce Development Board has further developed pilots aimed at Unleashing the Power of Untapped Talent which targets individuals listed as being eligible for the Priority of Service provision. Grantees include six organizations two of which serve primarily English Language Learners one of whom is a RTW grantee. 7 Lower Rio Workforce Solutions Project Growing Regional Opportunity for the Workforce GROW - McAllen Texas The Border Workforce Alliance which was funded by the Department of Labor s Workforce Innovation Fund consists of five Workforce Development Boards in South Texas. The Alliance seeks to accelerate credential attainment and career entry by lower- skilled adults and out-of-school youth through a mixture of program alignment new technology platforms tailored services and programs coordinated case management and supportive services career pathways aligned with employer demand and increased systems capacity. The project implements and tests innovative approaches that are data-driven and evidenced based to serving lower-skilled and limited English proficient jobseekers. GROW increased education attainment and employment outcomes through new operating efficiencies gained through program alignment and a common technology platform designing programs and services to address the specific needs of sub-populations improved coordination of case management and support services and career pathways aligned with identified employer needs. More information about GROW is available here http www.questsa.org . San Mateo County Project Silicon Valley Alliance for Language Learners Integration Education and Success ALLIES Innovation Initiative - San Mateo California The Silicon Valley ALLIES Initiative which was funded by the Department of Labor s Workforce Innovation Fund created a coordinated strategy across San Mateo and Santa Clara counties for building the workforce-related competencies of adult immigrants. Built on a collective impact model the consortium comprised of the region s three regional Workforce Development Boards community colleges Adult Education providers social service agencies community-based organizations philanthropic organizations business and labor partners is committed to significantly increasing the skills and credential attainment of the region s limited English proficient job seekers and meeting the skill needs of its employers. To prepare individuals to be ready to compete successfully in today s global economy ALLIES connects workers with a career pathway that integrates English language and postsecondary occupational learning contextualizes language acquisition in career and technical education and provides work readiness training in in- demand occupations. Additionally the project worked to increase efficiencies and eliminate redundancies through the design of a multi-sector partner network across workforce development education economic development employers unions and human service organizations. More about ALLIES is available here http www.allies4innovation.org about-allies.html . 8 7. Resources. A. U.S. Department of Labor s Policy Guidance Training and Employment Guidance Letter TEGL 04-15 Vision for the One-Stop Delivery System under WIOA. https wdr.doleta.gov directives corr doc.cfm DOCN 6455 TEGL 02-14 Eligibility of Deferred Action for Childhood Arrivals Participants for Workforce Investment Act and Wagner-Peyser Act Programs. http wdr.doleta.gov directives corr doc.cfm DOCN 7233 TEGL 09-12 Human Trafficking The Role of the Public Workforce System in the Delivery of Services and Referrals to Victims of Trafficking. https wdr.doleta.gov directives attach TEGL TEGL 9 12 Acc.pdf TEGL 26-15 Vision for the One-Stop Delivery System under the Workforce Innovation and Opportunity Act WIOA . https wdr.doleta.gov directives corr doc.cfm docn 9363 B. U.S. Department of Labor s Tools and Technical Assistance Materials WIOA State Plans. https www2.ed.gov about offices list osers rsa wioa state- plans index.html . Certification Finder. Links to credential information and certifying organizations. Available in English and in Spanish. http www.careeronestop.org toolkit training find-certifications.aspx Licensed Occupations. Service providers and individuals can determine if a specific occupation requires a license in their state. https www.careeronestop.org explorecareers plan licensed-occupations.aspx Career Pathways Toolkit A Guide for System Development. https careerpathways.workforcegps.org announcements 2016 02 05 14 21 The- Release-of-the-Career-Pathways-Toolkit-A-Guide-for-System-Development The Customer-Centered Service Delivery Design Initiative. https ion.workforcegps.org resources 2015 09 02 17 11 Customer- Centered Service Design Initiative Opening Doors for Everyone with Universal Access and Outstanding Customer Service. https ion.workforcegps.org resources 2016 02 08 21 40 Opening Doors for Everyon e Universal Access Customer Service Recipient Language Assistance Plan LEP Plan Promising Practices Appendix to 29 CFR 38.9 Fact Sheet Frequently Asked Questions and regulation text for WIOA Section 188 implementing regulations. https www.dol.gov crc 188rule C. U.S. Department of Education s Tools and Technical Assistance Materials Federally Funded Adult Education and Family Literacy Programs. http www2.ed.gov about overview focus adulted-daca.pdf 9 Educational and Linguistic Integration Webinar Series of Immigrants and Refugees. http www2.ed.gov about offices list oela webinars new-americans index.html Literacy Information and Communication System LINCS is a free online professional learning community and resource collection featuring topic area groups including an Adult English Language Learners group and Skilled Immigrant and Refugee Workgroup that provides an opportunity for networking and information sharing activities among educators across the country. https lincs.ed.gov English Learner Toolkit. http www2.ed.gov about offices list oela english-learner-toolkit eltoolkit.pdf Resource Guide Supporting Undocumented Youth. http www2.ed.gov about overview focus supporting-undocumented-youth.pdf D. Other Resources on Credentials and Licensing Serving Participants with Substantial Cultural and Language Barriers and Human Trafficking Credentials and Licensing Professional Licensing Guides Upwardly Global. The Professional Licensing Guides were created to help individuals and service providers understand the steps required to earn a state professional license or credential for regulated professionals. Currently available for ten popular careers in five states. https www.upwardlyglobal.org skilled- immigrant-job-seekers american-licensed-professions licensed-professions-guides Resource Manual on the Licensure of Internationally Educated Nurses. National Council of State Boards of Nursing. Detailed guide for boards of nursing to each of the uniform licensure requirements for internationally educated nurses. https www.ncsbn.org 171.htm Serving Participants with Substantial Cultural and Language Barriers Steps to Success Integrating Immigrant Professionals in the United States. World Education Services WES Global Talent Bridge and Imprint. Report based on a survey of immigrant professionals in six US cities identifying the factors that correlate with their successful integration into their communities. http knowledge.wes.org Report-Steps-to-Success-Integrating-Immigrant- Professionals-in-the-US.html Improving Immigrant Access to Workforce Services. Aspen Institute. Outlines key themes and best practices from research on how organizations in the workforce development and immigrant-serving fields currently intersect and how they could further partner to improve policies and practices for connecting immigrants to skill- building and career advancement. https www.aspeninstitute.org publications improving-immigrant-access-workforce- services-partnerships-practices-policies Human Trafficking Department of Health and Human Services Fact Sheet Identifying Victims of Human Trafficking. http www.acf.hhs.gov sites default files orr fact sheet identifying victims of human trafficking.pdf National Human Trafficking Resource Center NHTRC provides access to emergency hotline support informational and advocacy resources for victims of human trafficking 10 and their support systems. https traffickingresourcecenter.org type-trafficking labor- trafficking The Center for Victims of Torture offers online capacity building resources for people who are interested in supporting persons who have been subjected to trauma and torture. This link provides a map of Refugee Healing Service Center locations throughout the country. http www.healtorture.org content domestic-healing-centers The National Child Traumatic Stress Network identifies trauma informed resources for those working with migrant children and youth and their unique needs. http nctsn.org trauma-types refugee-trauma guidance-unaccompanied The Department of Health and Human Services Office of Refugee Resettlement offers access to online training webinars and strategy models for helping to prepare refugees for employment. http www.acf.hhs.gov orr employment-resources 8. Action Requested. ETA requests that State Workforce Agency staff disseminate this updated guidance broadly to the workforce investment system and encourage local workforce boards to ensure that the AJCs are informed about the importance of providing services to individuals who are English Language Learners and individuals who face substantial cultural barriers including immigrants refugees and new Americans under WIOA. 9. Inquiries. Questions should be addressed to the appropriate ETA Regional Office.