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Brustein & Manasevit, PLLC Michael Brustein Brette Kaplan Wurzburg Steven SpillanFall Forum 2015 [email protected] [email protected] [email protected]

Regulatory & Non-Regulatory Guidance Governing Perkins, AEFLA, and WIOA

mailto:[email protected]



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Agenda▪ Resources & Handouts▪ Top 10 Troubleshooting Areas▪ Questions & Answers

BRUSTEIN & MANASEVIT, PLLC © 2015. ALL RIGHTS RESERVED.

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Resources▪ Carl D. Perkins Career & Technical Education Act of 2006– http://

www.gpo.gov/fdsys/pkg/BILLS-109s250enr/pdf/BILLS-109s250enr.pdf ▪ Workforce Innovation and Opportunity Act of 2014 (WIOA)– http://

www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf▪ DOL/ETA WIOA Website:– http://www.doleta.gov/wioa/

▪ Training & Employment Guidance Letters (TEGLs)– http://wdr.doleta.gov/directives/All_WIOA_Related_Advisories.cfm


http://www.gpo.gov/fdsys/pkg/BILLS-109s250enr/pdf/BILLS-109s250enr.pdf

http://www.gpo.gov/fdsys/pkg/BILLS-109s250enr/pdf/BILLS-109s250enr.pdf

http://www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf

http://www.gpo.gov/fdsys/pkg/PLAW-113publ128/pdf/PLAW-113publ128.pdf

http://www.doleta.gov/wioa/

http://www.doleta.gov/wioa/

http://wdr.doleta.gov/directives/All_WIOA_Related_Advisories.cfm

http://wdr.doleta.gov/directives/All_WIOA_Related_Advisories.cfm

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Handouts▪ Perkins, Section 135 – Local Uses of Funds▪ AEFLA Notice of Proposed Rulemaking (NPRM)– https://

www.federalregister.gov/articles/2015/04/16/2015-05540/programs-and-activities-authorized-by-the-adult-education-and-family-literacy-act-title-ii-of-the

▪ WIOA: Key Implementation Dates:– http://

wdr.doleta.gov/directives/attach/ten/wioa-key-implementation-dates_acc.pdf

▪ NPRM re: infrastructure costs:– https://

www.federalregister.gov/articles/2015/04/16/2015-05528/workforce-innovation-and-opportunity-act-joint-rule-for-unified-and-combined-state-plans-performance#h-84

▪ Perkins Q&A 4.0 Guidance (April 24, 2015)– https://

s3.amazonaws.com/PCRN/docs/PerkinsIVNon-RegulatoryGuidanceQAVersion4.0-4-22-15.pdf

▪ Senate’s 8 Issues for Perkins Reauthorization


https://www.federalregister.gov/articles/2015/04/16/2015-05540/programs-and-activities-authorized-by-the-adult-education-and-family-literacy-act-title-ii-of-the




http://wdr.doleta.gov/directives/attach/ten/wioa-key-implementation-dates_acc.pdf



https://www.federalregister.gov/articles/2015/04/16/2015-05528/workforce-innovation-and-opportunity-act-joint-rule-for-unified-and-combined-state-plans-performance#h-84




https://s3.amazonaws.com/PCRN/docs/PerkinsIVNon-RegulatoryGuidanceQAVersion4.0-4-22-15.pdf



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Top 10 Troubleshooting Areas


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1) Infrastructure Costs▪ Preferred Method: Voluntary MOU– Local Board and One-Stop partners agree on partner contributions

▪ Last Resort: Governor Determines Partner Contributions–Some contributions will come from program costs, others

from admin▪ Adult Ed: State admin or from non-Federal funds for matching or

MOE ▪ Perkins: State admin for postsecondary or from match/MOE


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2) Accountability & Performance Indicators–New performance indicators under WIOA/AEFLA▪ WIOA Sec. 116

– Possible new performance metrics in reauthorized Perkins Act

–Correlation with Performance Reporting Under 2 CFR § 200.328?▪ ED Guidance (3/12/15): The program measures currently used by ED

program offices comply with the Uniform Guidance requirements ▪ No new reporting requirements expected for ED programs (Adult Ed,

Perkins)


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3) Adult Ed Performance Indicators▪ WIOA & Adult Ed: Six Primary Indicators of State/Local Performance– % of participants in unsubsidized employment during the 2nd quarter after exit from the

program;– % of participants in unsubsidized employment during the 4th quarter after exit from the

program;– Median earnings of participants in unsubsidized employment during the 2nd quarter after exit

from the program;– % of participants who obtained a recognized post-secondary credential or a secondary school

diploma, or its recognized equivalent during participation in or within 1 year after exit from the program;

– % of participants who during a program year, are in an education or training program that leads to a recognized post-secondary credential or employment and who are achieving measurable skill gains, defined as documented academic, technical, occupational or other forms of progress, towards such a credential or employment;

– Effectiveness in serving employers


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Adult Ed Performance Indicators (cont.)▪ New performance indicators for WIOA and Adult Ed–Failure to meet performance goals:▪ After 1 year: TA, development of performance

improvement plan▪ After 2 consecutive years: 5% reduction of the maximum

available amount of the Governor's Reserve Allotment for the immediately succeeding program year


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4) Perkins Reauthorization - Accountability▪ New accountability–At postsecondary level, align with WIOA? –At secondary level, align with ESEA?


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5) Perkins Reauthorization - Allocations▪ ED Blueprint (April 2012): Shift to competitive grants– Panned by Republicans and Democrats in Congress▪ Could rural districts hope to compete?▪ How much of $1.1 billion would remain formula-driven?

▪ November 2013 Consensus in Congress: – Competitive proposal is a BAD idea

▪ Reauthorization: Remain formula driven…but possible changes to the formula


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6) WIOA – Breaking Down the Silos▪ Expanded definition of “adult education and literacy activities”–Workforce preparation activities▪ Activities, programs, or services that are designed to help an individual acquire a

combination of basic academic, critical thinking, digital literacy, and self-management skills.

– Integrated education and training▪ Adult education and literacy activities concurrently and contextually with workforce

preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement.

▪ Possible similar direction in Perkins reauthorization?


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6) WIOA – Breaking Down the Silos▪ WIOA allows states to develop a combined plan that includes core programs,

including CTE programs. –Coordination is beneficial because it supports a more unified approach to serving

low-income and low skilled individuals. – Important: Programs included in a combined plan retain the requirements from

their authorizing legislation. ▪ WIOA encourages alignment between six core programs:

1. Adult employment and training (Title I)2. Dislocated worker and employment and training activities (Title I)3. Youth workforce investment activities (Title I) 4. Adult Education and Family Literacy (Title II): 5. Wagner-Peyser (Title III)6. Vocational Rehabilitation (Title IV)


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7) Perkins Funds for Transportation▪ Perkins Q&A:

https://s3.amazonaws.com/PCRN/docs/CompiledListofQAs-6-4-15.pdf

▪ D.26 - Funding for Career and Technical Student Organizations– Unallowable use for CTSO’s

▪ D.27 - Funding for Direct Assistance to Students

▪ Allowable use of funds for special populations meeting additional considerations


https://s3.amazonaws.com/PCRN/docs/CompiledListofQAs-6-4-15.pdf

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8) Uniform Grant Guidance - Equipment Trade-In

▪ 2 CFR § 200.313(c)(4): When acquiring replacement equipment, the non-Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property.

▪ Does this apply to trading in old equipment for new different equipment to be used in a different program of study?– No guidance/clarification from ED


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9) Common Perkins Monitoring Finding Perkins Size, Scope, & Quality Requirement

▪ State and Local Assurance: programs must be of a sufficient size, scope, and quality to be effective

▪ Each state must define “sufficient size, scope, and quality”

▪ Minimum local allocations may not be “sufficient”


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10) Common Perkins Monitoring Finding Perkins § 134 Local Applications

▪ Local Applications Must Include:– How CTE programs are carried out– How programs will meet State and local adjusted levels of performance– How will local recipient:▪ Offer appropriate course in at least 1 program of study▪ Improve the academic and technical skills of students ▪ Provide students with strong experience and understanding of an industry▪ Ensure CTE student are taught to the same coherent and rigorous content▪ Encourage CTE postsecondary students to enroll in rigorous and challenging courses in core

academic subjects under ESEA– PD promoting the integration of coherent and rigorous content aligned with

challenging academic standards


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Perkins § 134 Local Applications (cont.)▪ How all necessary parties are involved and informed of the

development, implementation, and evaluation of CTE▪ Assurances that the CTE program is of sufficient size, scope, and

quality▪ How you will evaluate and continuously improve performance▪ How you will:– Identify/adopt strategies to overcome barriers for special populations– Enable special pops to meet necessary levels of performance– Prepare special pops for “high skill, high wage, or high demand occupations

that will lead to self-sufficiency”


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Perkins § 134 Local Applications (cont)▪ How you will avoid discrimination against special populations▪ How you will promote preparation for non-traditional fields▪ How you provide career guidance and academic counseling▪ How you plan to improve:– Recruitment and retention of CTE teachers/faculty; and – The transition to teaching from business and industry


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DisclaimerThis presentation is intended solely to provide general information and does not constitute legal advice or a legal service. This presentation does not create a lawyer-client 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.


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