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An Overview of the
New AEFLA and WIOA
Brette Kaplan Wurzburg
[email protected]
Brustein & Manasevit, PLLC
Spring Forum 2015
Steven Spillan
[email protected]
AEFLA History
 Adult Education Act of 1966
 Title II of the Workforce Investment Act of 1998 (WIA)
 Title II of the Workforce Innovation and Opportunity Act of
2014 (WIOA)
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2003-2014
 Annual discussions of “fast-tracking” reauthorization
 Various Congressional hearings
 “Discussion Drafts”
 Legislative Proposals
 NO REAL MOVEMENT
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WIOA of 2014
 Title I – Workforce Development Activities
 Title II – AEFLA
 Title III – Amendments to Wagner-Peyser Act
 Title IV – Amendments to Rehabilitation Act of 1973
 Title IV – General Provisions
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WIOA Resources
 WIOA: https://www.congress.gov/113/bills/hr803/BILLS113hr803enr.pdf
 DOL/ETA WIOA Webpage (includes Act, Guidance Letters,
etc.): http://www.doleta.gov/wioa/eta_default.cfm
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WIOA Resources - Regulations
 Published: April 16, 2015; Comments Due: June 15, 2015
 Joint Rule for Unified & Combined State Plans,
Performance Accountability, & the One-Stop Joint
Provisions NPRM (ED & DOL):
https://www.federalregister.gov/articles/2015/04/16/201505528/workforce-innovation-and-opportunity-act-jointrule-for-unified-and-combined-state-plans-performance
 WIOA NPRM (DOL):
https://www.federalregister.gov/articles/2015/04/16/201505530/workforce-innovation-and-opportunity-act-noticeof-proposed-rulemaking
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WIOA Resources - Regulations
 Programs & Activities Authorized by AEFLA (ED):
https://www.federalregister.gov/articles/2015/04/16/201505540/programs-and-activities-authorized-by-the-adulteducation-and-family-literacy-act-title-ii-of-the
 WIOA Misc. Program Changes (ED):
https://www.federalregister.gov/articles/2015/04/16/201505535/workforce-innovation-and-opportunity-actmiscellaneous-program-changes
 State Voc Rehab Services Program; State Supported
Employment Services Program; Limitations on Use of
Subminimum Wage (ED):
https://www.federalregister.gov/articles/2015/04/16/201505538/state-vocational-rehabilitation-services-program-statesupported-employment-services-program
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AEFLA
 WIOA, Title II
 Programs & Activities Authorized by AEFLA (ED):
https://www.federalregister.gov/articles/2015/04/16/201505540/programs-and-activities-authorized-by-the-adulteducation-and-family-literacy-act-title-ii-of-the
 OCTAE (includes guidance, FAQs, timelines, DOL and VR
info, etc.):
http://www2.ed.gov/about/offices/list/ovae/pi/AdultEd/w
ioa-reauthorization.html
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Unified State Plan
 WIOA requires the Governor to submit a Unified or Combined
State Plan to the Secretary of Labor (3/3/2106)
 Outlines a 4-year strategy for the State's workforce development
system.
 States must have approved State Plans in place to receive
funding for the six core programs under WIOA
 The adult, dislocated worker, and youth programs (Title I of WIOA);
 The AEFLA program (Title II of WIOA);
 The Wagner-Peyser Act employment services program (Title III of
WIOA); and
 The Vocational Rehabilitation program under title I of the Rehabilitation
Act of 1973 (title IV of WIOA).
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Performance Metrics
 Section 116 of the WIOA: performance accountability
indicators and performance reporting requirements:
 % of participants in unsubsidized employment in the 2nd quarter after
exit from the program.
 % of participants in unsubsidized employment in the 4th quarter after
exit from the program.
 Participants' median earnings in the 2nd quarter after exit.
 Post-secondary credential attainment and high school completion
during participation or within 1 year after exit.
 % of participants who are in education or training programs that lead
to a recognized post-secondary credential or employment, and who
are achieving measurable skill gains.
 Effectiveness of serving employers.
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Expansion of AEFLA’s Purpose
 Old (still applicable): Aimed to help adults
 Improve their educational and employment outcomes,
 Become self-sufficient, and
 Support the educational development of their children.
 New:
 Assisting adults to transition to postsecondary education and
training, including through career pathway programs; and
 Assisting English language learners to acquire the skills needed to
succeed in the 21st-century economy.
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Expanded AEFLA Use of Funds
 Retains:
 Adult education;
 Literacy;
 Workplace adult education and literacy;
 Family literacy; and
 English language acquisition.
 Adds:
 Integrated English literacy and civics education;
 Workforce preparation activities; and
 Integrated education and training.
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Integrated English Literacy and Civics
Education
 Education services for adult English language learners,
including professionals with degrees and credentials in
their native countries.
 Must be delivered in combination with integrated education and
training services.
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Corrections Education and Other
Institutionalized Individuals
 Adult education and literacy activities;
 Special education, as determined by the eligible agency;
 Secondary school credit;
 Integrated education and training;
 Career pathways;
 Concurrent enrollment;
 Peer tutoring; and
 Transition to re-entry initiatives and other post-releaseservices with the goal of reducing recidivism.
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Additional Areas of Interest?
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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.
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