WIOA Side-by-Side High Level Comparison

WIOA DOR (Last Rev. 12/04/2015)

This table reflects the Department of Rehabilitation's first phase of identifying changes in vocational rehabilitation through the Workforce Innovation and Opportunity Act (WIOA). The Department of Rehabilitation anticipates several further phases of review, during which additional changes will be added, and during which the impacts of the changes contained in this table as well as other impacts will be identified. The section numbers in the table do not reflect any order of importance, but were added simply to help identify sections to facilitate discussion. This table was last amended December 4, 2015.

Since the table was first released the following changes have been made:

  1. In item number 1.23, the authorized amount for fiscal year 2020 was corrected.

  2. In item number 2.3, the term, "Starting Age" was replaced with "Definition of a Student and Youth with a Disability." In item number 2.3, the definition of a student with a disability was amended to add the following language, "who is eligible for and receiving IDEA services or is an individual with a disability for purposes of section 504."

  3. In item number 9.6, the first half of the sentence, reading "Aligns the evaluation standards of Rehab Act with standards of WIOA, establishing six primary indicators for all adult programs (training and education) and six primary indicators for all youth programs," was replaced with, "Establishes six common performance standards for all core programs under WIOA." In item number 9.6, numbers were added before each performance standard.

  4. In item number 7.7, in the After WIOA column, the phrase, "funding scheme identified in WIOA," was replaced with the term, "state one-stop infrastructure funding formula." In item number 7.7 in the After WIOA column, the statement, "Under the state one-stop infrastructure funding formula," was added before the sentence, "VR has a cap on required contributions."

  5. In item number 5.1, "State Workforce Investment Board" and "Local Workforce Investment Boards" were added to the Before WIOA column. In item number 5.1, the following two sentences were added, "Changed name to State Workforce Development Board," and "Changed name to Local Workforce Development Boards."

  6. In item 1.2, the following sentence was moved from item 1.5 in the Before WIOA column, "Established no requirement that the SPIL describe how the state would provide IL services to promote full access to community life for individual with significant disabilities," to the Before WIOA column in item 1.2. In Item 1.2, the following sentence was moved from item 1.5 in the After WIOA column, "Requires SPIL to describe how the state will provide the IL services described in Public Law 7(18) that promote full access to community life for individual with significant disabilities," to the After WIOA column in item 1.5.

  7. In item 4.1 in the After WIOA column, the phrase, "individuals under the age of 24," was replaced with "individuals aged 24 or younger."

  8. Item numbers 9.5, 9.6, and 9.7 were renumbered 9.6, 9.7, and 9.8 respectively in both the Before and After WIOA columns.

  9. Item number 9.5 was amended in the After WIOA column to define combined State plan.

  10. A new tenth category, "Services to Employers & Employer Engagement" was added.

  11. New Item Number 10.1, "Training and Services to Employers" was added.

  12. New Item Number 10.2, "Local Workforce Board Employer Engagement" was added.

  13. New Item Number 10.3, "Effectiveness in Serving Employers" was added.

  14. New Item Number 10.4, "Job-Driven Training" was added.

  15. New Item Number 3.6, "Definitions: Competitive Employment and Integrated Setting" was added in the Before WIOA column and New Item Number 3.6: "Definition: Competitive Integrated Employment" was added in the After WIOA column.

  16. New Item Number 4.2, "(WIOA 458)" was added in the After WIOA column.

Subjects:

1. Independent Living (IL)

Before WIOA After WIOA

1.1 (Public Law 3; 29 USC 702)

Oversight for IL services and ILCs were administered by Rehabilitation Services Administration (led by Commissioner) of United States Department of Education (led by Secretary)

1.1 (WIOA 472)

Oversight for IL services and Independent Living Centers (ILCs) is now vested in newly created Independent Living Administration (led by Director) within the Administration for Community Living (led by Administrator) of the United States Department of Health and Human Services (led by Secretary).

1.2 (Public Law 704(a)(1),(2), 705; 29 USC 796c and 796d)

Required the director of the designated state unit (DSU) and chairperson of SILC to develop and sign SPIL to submit to the Commissioner.

Established no requirement that the SPIL describe how the state would provide IL services to promote full access to community life for individual with significant disabilities.

1.2 (WIOA 474, 475)

Requires chairperson of the State Independent Living Council (SILC) and the directors of ILCs to now jointly develop the State Plan for Independent Living (SPIL) to be signed, as before, by chairperson of SILC and director of designated state entity (DSE), but now must also be signed by at least 51 percent of directors of ILCs to submit to the Administrator, instead of the Commissioner.

Requires SPIL to describe how the state will provide the IL services described in Public Law 7(18) that promote full access to community life for individual with significant disabilities.

1.3 (Public Law 704(c); 29 USC 796c)

Established the designated state unit (DSU) as the agency on behalf of the state, to receive, account for and, distribute funds based on the state plan, provide administrative support services for program under programs under Title VII B and Title VII C, maintain records, and provide information or assurances to the Commissioner.

1.3 (WIOA 474)

Replaces the designated state unit (DSU) with the designated state entity (DSE), as the entity, identified by the state, that is still required to perform the same functions: receive, account for, and distribute funds based on the SPIL, provide administrative support services for programs under Title VII B, maintain records, and provide information or assurances to the Administrator (instead of the Commissioner.)

1.4 (Public Law 704(c); 29 USC 796c)

Established no cap on use of funds for administrative support services under Title VII.

1.4 (WIOA 474)

Adds a cap of 5 percent of the funds received by the State in any fiscal year under Title VII B (Independent Living Services) that the designated state entity may retain to (1) receive, account for, and disburse funds received under Title VII, (2) administrative support services for programs under Title VII B, (3) maintain records, and (4) provide information or assurances to the Administrator.

1.5 (Public Law 7(17) and (18) and 704; 29 USC 705(21)(B) and 796c)

Established four IL core services - information and referral services; IL skills training; peer counseling; and individual systems and advocacy.

1.5 (WIOA 474; 404)

Adds a fifth category of core services for the: (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with requisite supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth with significant disabilities, who were eligible for Individualized Education Plans and have completed their secondary education or otherwise left school, to postsecondary life.

SILC -
1.6 (Public Law 705(b)(2)(C); 29 USC 796d)

Required SILC to include at least one representative of the directors of the projects carried out under section 121 (VR services grants for American Indians) in states with such projects.

SILC -
1.6 (WIOA 475)

Requires the voting members of SILC to include at least one director of an ILC run by, or in conjunction with, the governing bodies of American Indian tribes located on federal or state reservations, if applicable.

SILC -
1.7 (Public Law 705(c)(3); 29 USC 796d)

Required SILC to coordinate activities with State Rehabilitation Council (SRC) and councils that address the needs of specific disability populations and issues under other federal law.

SILC -
1.7 (WIOA 475)

Adds to SILC's functions, as appropriate, coordination of activities with other entities in the state that provide services similar to or complementary to IL services, such as entities that facilitate the provision of or provide long-term community-based services and supports.

SILC -
1.8 (Public Law 705; 29 USC 796d)

Established no authority for SILC to work with ILCs to coordinate services with public and private entities, conduct resource development activities, and perform other functions as appropriate.

SILC -
1.8 (WIOA 475)

Authorizes SILC, consistent with the SPIL, to work with ILCs to coordinate services with public and private entities, conduct resource development activities, and perform other functions as appropriate.

SILC -
1.9 (Public Law 705; 29 USC 796d)

Established no authority for or prohibition against SILC providing IL services directly to individuals with significant disabilities or manage such services.

SILC -
1.9 (WIOA 475)

Prohibits SILC from providing IL services directly to individuals with significant disabilities or manage such services.

SILC -
1.10 (Public Law 705(f); 29 USC 796d)

Authorized SILC to reimburse members for reasonable and necessary expenses of attending meetings and performing duties, including child care and personal assistance services, and to pay compensation to a member, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing duties.

SILC -
1.10 (WIOA 475)

Appears to eliminate reimbursement to members for child care expenses by deleting reference to this specific expense and qualifies the compensation that may be paid to members as reasonable compensation.

1.11 (Public Law 706; 29 USC 796d-1)

Charged the Commissioner with approving state plan submitted under Public Law section 704 and developing and publishing performance indicators for ILCs no later than October 1, 1993.

1.11 (WIOA 475A)

Charges the Administrator with approving the SPIL and developing and publishing performance indicators for ILCs and now also SILC no later than one year after the enactment of WIOA (July 22, 2015).

Independent Living Administration -
1.12 (Public Law 706; 29 USC 796d-1)

Charged the Commissioner with conducting on site compliance reviews and providing an annual report on ILC performance, including results from onsite compliance reviews.

Independent Living Administration -
1.12 (WIOA 475A)

Charges the Director of Independent Living Administration with conducting on site compliance reviews, providing to the Administrator an annual report on ILC performance, including results from onsite compliance reviews, and ensuring the report is made publicly available in a timely manner, including through electronic means.

Funding Title VII B -
1.13 (Public Law 711; 29 USC 796e)

Required Commissioner to grant Title VII B funds to states as a formula grant.

Funding Title VII B -
1.13 (WIOA 476)

Requires Administrator to grant Title VII B funds to states as a formula grant.

Funding Title VII B -
1.14 (Public Law 711-714; 29 USC 796e)

Identified the State as the recipient of Title VII B funds.

Funding Title VII B -
1.14 (WIOA 476)

Requires designated state entity to administer Title VII B funds, in accordance with the SPIL

Funding Title VII B -
1.15 (Public Law 711; 29 USC 796e)

Established no requirement that Commissioner reserve funds to provide training and technical assistance to SILCs.

Funding Title VII B -
1.15 (WIOA 476)

Adds new Public Law section 711A, requiring Administrator for each fiscal year beginning with fiscal year 2015 to first reserve between 1.8 and 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to SILCs, survey SILCs to determine needs and thus funding priorities, and establishes application process for grants, contracts or cooperative agreements for the provisions of training and technical assistance to SILC.

1.16 (Public Law 713; 29 USC 796e-2)

Established no limits on the amount of funds used to carry out duties under Public Law section 705(e) and performance of administrative support services for program under Title VII B, maintain records, and provide information or assurances to the Commissioner.

1.16 (WIOA 476)

Authorizes states to use Title VII B funds as follows: no more than 30 percent for the SILC to carry out its duties under Public Law section 705(e), unless the need for a greater percentage is specified in the SPIL; not more than 5 percent for the performance of administrative support services for program under Title VII B, maintain records, and provide information or assurances to the Administrator; and remaining funds distributed in a manner consistent with the SPIL for the authorized activities (Public Law 713.)

1.17 (Public Law 713; 29 USC 796e-2)

Established no specific emphasis on the provision of independent living services to individuals with significant disabilities in unserved areas of the state in authorized uses of funds.

1.17 (WIOA 476)

Emphasizes the provision of independent living services to individuals with significant disabilities in unserved areas of the state in authorizing uses of funds in Public Law section 713.

1.18 (Public Law 714; 29 USC 796e)

Authorized such sums as may be necessary for each of the fiscal years 1999 through 2003.

1.18 (WIOA 476)

Authorizes the following appropriations: $22,878,000 for fiscal year 2015; $24,645,000 for fiscal year 2016; $25,156,000 for fiscal year 2017; $25,714,000 for fiscal year 2018; $26,319,000 for fiscal year 2019; and $26,877,000 for fiscal year 2020.

Title VII C Funding -
1.19 (Public Law 721; 29 USC 796f)

Authorized Commissioner for fiscal year 1999, and subsequent years thereafter, to make funds available to States and other entities for the activities enumerated in Public Law section 721(b) through (d). Required Commissioner to reserve between 1.8 and 2 percent of funds that exceeded funds appropriated for fiscal year 1993 to provide training and technical assistance with respect to planning, developing, conducting, administering, and evaluating ILCs to eligible agencies, ILCs and SILC through grants, contracts or other agreements with entities that have experience in the operation of ILCs. Required Commissioner to survey SILC and ILCs in order to determine the funding priorities based on needs and established an application process for awarding the grants, contracts or other agreements.

Title VII C Funding -
1.19 (WIOA 481)

Authorizes Administrator for fiscal year 2015, and subsequent years thereafter, to make funds available to ILCs and other entities for the activities enumerated in Public Law section 721(b) through (d). Reserves between 1.8 and 2 percent of the funds for grants, contracts or cooperative agreements with entities that have experience in the operation of ILCs to provide training and technical assistance with respect to fiscal management, planning, developing, conducting, administering, and evaluating ILCs. Requires Administrator to survey ILCs in order to determine the funding priorities based on needs, and establishes an application process for awarding the grants, contracts or cooperative agreements.

Independent Living Centers -
1.20 (Public Law 721; 29 USC 796f-1)

Required Commissioner to consider comments of SILC when selecting among applicants for a grant for a new ILC.

Independent Living Centers -
1.20 (WIOA 482)

Requires Administrator to consider comments from individuals with disabilities and other interested parties within the new region proposed to be served in addition to SILC when selecting among applicants for a grant for a new ILC.

Title VII C Appropriations (DOR does not receive Title VII C funds directly; these go straight to each of the ILCs.)
1.21 (Public Law 727; 29 USC 796f-6)

Appropriated such sums as may be necessary for each of the fiscal years 1999 and 2003.

Title VII C Appropriations (DOR does not receive Title VII C funds directly; these go straight to each of the ILCs.)
1.21 (WIOA 484)

Authorizes the following appropriations: $78,305,000 for fiscal year 2015; $84,353,000 for fiscal year 2016; $86,104,000 for fiscal year 2017; $88,013,000 for fiscal year 2018; $90,083,000 for fiscal year 2019; and $91,992,000 for fiscal year 2020.

IL Services for Older Individuals who are Blind -
1.22 (Public Law 751 through 753; 29 USC 796f-6)

Established no percentage of funds for training and technical assistance to States or other providers of IL services for older individuals who are blind.

IL Services for Older Individuals who are Blind -
1.22 (WIOA 486)

Remains within the Rehabilitation Services Administration. Requires Commissioner to reserve between 1.8 and 2 percent of program funds to provide training and technical assistance to designated State agencies or other providers of IL services for older individuals who are blind.

1.23 (Public Law 753; 29 USC 796l)

Appropriated such sums as may be necessary for each of the fiscal years 1999 and 2003.

1.23 (WIOA 488)

Authorizes the following appropriations: $33,317,000 for fiscal year 2015; $35,890,000 for fiscal year 2016; $36,635,000 for fiscal year 2017; $37,448,000 for fiscal year 2018; $38,328,000 for fiscal year 2019; and $39,141,000 for fiscal year 2020.

 

2. Distinct Services to Youth

Before WIOA After WIOA

2.1 State Plan-

No section regarding Students with Disabilities and the Statewide Needs Assessment did not need to address transition needs.

State Plan
2.1 (WIOA 412)

(1) In state plan, must provide assurance that state will report on number of students with disability who are receiving pre-employment transition services (2) Plan must also include strategies for coordination with employers on transition services for youth and students with disabilities. (3) State plan shall include results of the comprehensive statewide needs assessment, which shall include the transition needs of both youth with disabilities and students with disabilities. (4) State Plan shall contain a separate assessment of the needs individuals with disabilities for transition and pre-employment transition services. (5) State Plan shall identify strategies for methods used to improve/expand VR services for students with disabilities. (6) State Plan must now include a section entitled "Services for Students with Disabilities" which describes the strategies to address the needs of the needs assessment and providing pre-employment transition services. (7) New construction clause stating that nothing in this part shall be construed to reduce the obligation under IDEA for local educational agencies to provide/pay for transition services that are required to ensure a FAPE (Free Appropriate Public Education.)

2.2 IPE -

Transition services was not a mandatory component.

IPE
2.2 (WIOA 413)

IPE must include specific transition services if the eligible individual is a student.

2.3 Definition of Student and Youth with a Disability -

undefined in previous Rehabilitation Act.

Definition of Student and Youth with a Disability
2.3 (WIOA 404)

Two new definitions: (1) Student with a disability = 16 to 21 who is eligible for and receiving IDEA services or is an individual with a disability for purposes of section 504. (2) Youth with a disability = 14 to 24. Pre-employment transition services must be provided only to "students with a disability."

2.4 Pre-Employment Transition Services (PETS) -

N/A. New term under WIOA.

Pre-Employment Transition Services (PETS) -
2.4 (WIOA 422)

Per new Rehab Act Section, DOR is required to provide the following 5 activities to students with disabilities (16 to 21 year-olds) who are eligible or potentially eligible for VR services: (1) job exploration counseling, (2) work-based learning opportunities, (3) counseling on post-secondary educational opportunities (4) workplace readiness training, & (5) instruction in self-advocacy. DOR is authorized, but not required to provide the 9 activities, specifically identified in the Act.

2.6 15% set aside -

N/A. New requirement under WIOA.

15% set aside -
2.6 (WIOA 419)

Requires all states to use at least 15% of section 110 state allotments for provision of pre-employment transition services. The 15% cannot be used to pay for administrative costs of providing the pre-employment transition services.

2.7 Transition Coordination -

N/A. New section under WIOA.

Transition Coordination -
2.7 (WIOA 422)

Each local office of a DSE must: (1) attend IEP meetings for students with disabilities when invited, (2) work with local workforce development boards, One-Stop centers, and employers to develop work opportunities for students with disabilities, (3) work with schools, to coordinate and guarantee the provision of pre-employment transitions services (4) attend person-centered planning meetings for individuals receiving services under Title 19 of Social Security Act, when invited.

 

3. Supported Employment

Before WIOA After WIOA

3.1 (Public Law 621; USC 795g)

Purpose of Subtitle G (Employment Opportunities for Individuals with Disabilities) was to assist states in providing supported employment services for individuals with the most significant disabilities to achieve the employment outcome of supported employment.

3.1 (WIOA 461)

Changes purpose of Subtitle G to assist states in providing supported employment services for individuals with the most significant disabilities, including youth, to achieve the employment outcome of supported employment in competitive integrated employment.

3.2 (Public Law 625; USC 795K)

Administration costs were limited to five percent or less of the allotment.

3.2 (WIOA 461)

Administration costs limited to 2.5% of the allotment.

3.3 No previous requirement to spend half of subtitle G allotment on youth.

3.3 (WIOA 461)

States receiving funds under Subtitle G must use half of the allotment for provision of supported employment services, including extended services to youth.

3.4 Supported Employment
(Public Law 7, USC 705(35)) -

Supported employment services not to exceed 18 months, unless special circumstances existed.

Supported Employment -
3.4 (WIOA 404)

Individuals may now receive supported employment services for up to 24 months, but it may be extended under special circumstances.

3.5 Extended Services
(Public Law 623; 795(i)) -

Funds allotted under Subtitle G could not be used for extended services.

Extended Services -
3.5 (WIOA 461)

Funds allotted under Subtitle G may be used to provide extended services to only youth with the most significant disabilities. Extended services not to exceed 4 years.

3.6 Definitions: Competitive Employment and Integrated Setting
(34 C.F.R. 361.5(b)(11); (33)

Competitive employment means work -

  1. In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

  2. For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

Integrated setting, -

  1. With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals;

  2. With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.

Definition: Competitive Integrated Employment
3.6 (WIOA 404)

The term "competitive integrated employment" means work that is performed on a full-time or part-time basis (including self-employment) -

  1. for which an individual -

    1.    is compensated at a rate that -

      1. (aa) shall be not less than the higher of the rate specified in section 6 (a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) or the rate specified in the applicable state or local minimum wage law; and

        (bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

      2. in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

    2.    is eligible for the level of benefits provided to other employees;

  2. that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and

  3. that, as appropriate, present opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.

 

4. Sub-minimum wage

Before WIOA After WIOA

4.1 No provision on subminimum wage.

4.1 (WIOA 458)

Section 511 will prohibit sub-minimum wage for individuals aged 24 or younger, unless: 1) the individual is, as of July 22, 2016, already employed at sub-minimum wage by a certified employer; or 2) the individual has received pre-employment transition services, career counseling, and information and referrals designed to enable the individual to obtain competitive integrated employment and the individual either I) applied for vocational rehabilitation services and was found ineligible or II) individual determined eligible, has an IPE, individual is working toward an employment outcome and received appropriate supports and services including supported employment services for a reasonable period of time, without success, resulting in case closure, and individual has been provided career counseling and information and referrals to federal and state programs to help the individual discover, experience and attain competitive integrated employment, and the counseling and information was not for employment at subminimum wage.

Effective Date: July 22, 2016.

4.2 No provision on subminimum wage.

4.2 (WIOA 458)

Employer may not continue to employ an individual, regardless of age, in a subminimum wage placement, unless, twice during the first year of placement and annually thereafter: (1)the designated state unit provides career counseling and information and referrals to Federal and state programs and other resources that offer employment related services and supports and (2) the employer informs the individual of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual's geographic area.

 

5. New Committees

Before WIOA After WIOA

5.1 No committee.

No Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities

State Workforce Investment Board

Local Workforce Investment Boards

5.1 (WIOA 461; WIOA 101; WIOA 107)

Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities

Changed name to State Workforce Development Board

Changed name to Local Workforce Development Boards

 

6. VR Personnel

Before WIOA After WIOA

6.1 (Public Law 101(a)(7)(B-C); 29 USC s 721(a)(7)(B)-(C))

No specific educational requirement.

6.1 (WIOA 412)

Requirements: 1) baccalaureate degree in a field of study reasonably related to VR AND 1 year or more paid or unpaid experience consisting of one of the following: a) direct work with IWDs in a setting such as an ILC, b) direct service or advocacy activities demonstrating experience and skills in working with IWDs, c) direct experience as an employer (as small business owner or operator in self-employment) or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; OR 2) master's or doctoral degree in a field of study such as VR counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields.

 

7. One-Stops (OS)

Before WIOA After WIOA

7.1 (29 USC 2841)

Required partners, VR is a required partner.

Required One Stop Partners:
7.1 (WIOA 121)

13 required partners (added programs authorized under Second Chance Act of 2007.) VR is still an OS required partner.

7.2 (29 USC 2841)

MOU required between local board and One-Stop Operators. Required 4 provisions: (1) services to be provided, (2) Funding sources and mechanisms, (3) Methods of referral between OS operator and OS partners, (4) Duration of the MOU.

MOU:
7.2 (WIOA 121)

MOU still required and adds one additional provision - must now address methods to ensure needs of individuals with disabilities are addressed. Also, the duration of the MOU is now limited to 3 years at the most. Lastly, funding provisions expanded to require discussion of how funding through cash and in-kind contributions will be used and how infrastructure costs will be funded.

7.3 (29 USC 2841)

One-Stop Operators. Local board shall designate OS operators who should be certified through a competitive process and may include a public, private or nonprofit entity or consortium of entities.

One-Stop Operators
7.3 (WIOA 121)

Same requirements for who can become OS operator. Adds additional requirements, OS operators must (1) disclose any potential conflicts of interest, (2) not establish procedures that create disincentives to individuals with barriers to employment who may require longer-term services, and (3) comply with Federal regs and procurement policies relating to calculating and use of profits.

7.4 (29 USC 2841)

Establishment of One-Stop Delivery System: Simply provided that if OS delivery system had been established prior to 1998, Governor could decide to certify.

7.4 (WIOA 121)

Establishment of One-Stop Delivery System: Much more extensive discussion of OS delivery system. (1) A OS delivery system shall be established in each local area which shall provide access to (1) career services under section 134(c)(2), (2) training services under section 134(c)(3)(G), (3) employment and training activities under section 134(d), (4) programs and activities described in subsection (b), (5) provide access to the data, information and analysis described in section 15(a) of the Wagner-Peyser Act. (2) These services must be provided at least one physical center in each local area and may make the services available through a network of affiliated sites or through a network of eligible One-Stop partners. The OS delivery system may include specialized centers to address special needs, and if practicable shall make programs available in an electronic means. (3) Employment service offices under Wagner-Peyser Act shall be collocated with One-Stop centers. (4) Each OS delivery system should have a common system identifier such as logo or phrase.

7.5 (29 USC 2841)

Application to Certain VR programs: OS does not apply to American Indian VR services or CAP.

Application to Certain VR programs
7.5 (WIOA 121)

Same. Still does not apply/require participation of American Indian VR program or CAP. Adds that if CAP does participate does not violate requirement that CAP be a separate entity than VR agency.

7.6 Certification and Continuous Improvement of One Stop Centers - New section under WIOA.

Certification and Continuous Improvement of One Stop Centers
7.6 (WIOA 121)

In order to receive infrastructure funding described in subsection (h), the State board must establish objective criteria and procedures for use by local board in assessing at least once every 3 years the effectiveness, physical and programmatic accessible and continuous improvement of OS centers and OS delivery system. The criteria must be developed in consultation with the chief elected officials and local boards and should include such indicators that establish how well the OS center (1) supports the achievement of negotiated local levels of performance described in WIOA section 116(b)92), (2) integrates available services, and (3) meets the workforce development and employment needs of local employers and participants. Criteria and procedures should be reviewed every two years.

7.7 Funding of One Stop Centers - New section under WIOA.

Funding of One Stop Infrastructure
7.7 (WIOA 121)

Significant new provisions regarding OS funding. Infrastructure funding defined as non-personnel costs that are necessary for the general operation of OS center, including rental costs, utilities and maintenance, equipment, technology, and outreach activities. OS partners and the local board can either agree to specific funding structure or choose to utilize the state one-stop infrastructure funding formula if they cannot come to an agreement. Under the state one-stop infrastructure funding formula, the Governor shall determine portion of funds to be provided by each OS required partner, considering the statutory requirements for each partner program. Funds should only be provided from OS partners funds that may be used for administrative costs. Under the state one-stop infrastructure funding formula, VR has a cap on required contributions. Starts with 0.75% of DOR funds available for administrative costs on July 1, 2016, increasing 0.25% each year until reaching a max of 1.5% in 2019.

7.8 Other Funds-New section under WIOA.

Other Funds
7.8 (WIOA 121)

Each OS partner must provide a portion of the funds made available under Federal law or non-cash resources must be used to pay the additional costs relating to the OS delivery system that are not paid from the infrastructure funds if not prohibited by federal law. These costs should include the particular career services applicable to each program and common costs. These "other funds" should be determined and identified in the MOU described in subsection (c).

 

8. Funding

Before WIOA After WIOA

8.1 (Public Law 304 and 305, 29 U.S.C. 774 and 775)

Established programs and grant funding, including, but not limited to: Projects with Industry; Migrant and Seasonal Farmworkers and Recreational Programs; and In-Service

8.1 (WIOA 443)

Eliminates 15 programs, including the following that under the Rehabilitation Act as amended: Projects with Industry; Recreation Programs Migrant and Seasonal Farmworkers Program and In-Service Training.

8.2 (Public Law 100(b)(1), 29 U.S.C. 720(b)(1))

Authorized such sums as may be necessary for fiscal years 1999 through 2003 to assist states in costs associated vocational rehabilitation services provided for in State Plans.

8.2 (WIOA 411)

Authorizes $3.3 billion for each fiscal year 2015 through 2020.

 

9. Reports / RSA Measures / Sanctions

Before WIOA After WIOA

Reports -
9.1 (Public Law 13, 29 U.S.C. 710)

Required the Commissioner to submit a report to the President and Congress no later than 180 days after the close of each federal fiscal year on the activities carried out under the Act.

Reports -
9.1 (WIOA 406)

Requires the Commissioner to ensure that the report is made publically and electronically available in a timely manner, which is not defined.

9.2 (Public Law 101, 29 U.S.C. 721)

Required designated state agency to submit reports in form and level of detail required by the Commissioner.

9.2 (WIOA 116)

Requires not later than 12 months after enactment of WIOA, the Secretary of Labor to develop performance report template to be used by states, local boards and eligible service providers including, but not limited to: levels of performance achieved with respect to primary performance for each program and state adjusted levels; number of participants served by each program, who received career and training services and amount of funds spent, who exited from career and training services; average cost per participant receiving career and training services; percentage of participants who received training services and obtained unsubsidized employment in field related to training; more than one of the programs; and percentage of states annual allotment spend on administrative costs.

Evaluation -
9.3 (Public Law 14, 29 U.S.C. 711)

Required the Secretary of Education, in consultation with the Commissioner, to evaluate the effectiveness of all programs under the Act and conduct a longitudinal study. Requires the Commissioner to identify and disseminate information on exemplary practices concerning vocational rehabilitation.

Evaluation -
9.3 (WIOA 407)

Charges Secretary of Health and Human Services and the Administrator for Administration of Community Living with the responsibilities for evaluation and disseminating information on exemplary practices, respectively, relating to independent living services and centers for independent living.

State Plan -
9.4 (Public Law 101, 29 U.S.C. 721)

Required state to submit to the Commissioner a state plan for vocational rehabilitation services to participate in vocational rehabilitation grant and programs.

Unified State Plan -
9.4 (WIOA 3(13); WIOA 102)

To receive allotments under each core program, the Governor must submit either a unified State plan or combined State Plan for all of the core programs.(Core Programs = Entities with primary responsibility for: (1) youth workforce investment activities and adult and dislocated worker employment and training activities, (2) Adult education and literacy activities), (3) employment services under the Wagner-Peyser Act, and (4) VR services under Title I of the Rehabilitation Act.

The first unified State plan must be submitted to Secretary of Labor by March 3, 2016 to take effect by July 1, 2016. The unified State plan must include the following strategic planning elements: (1) analysis of the economic conditions in the State, (2) analysis of the current workforce, (3) analysis of the workforce development activities, (4) description of the State's strategic vision and goals for preparing an educated and skilled workforce, and (5) strategy for aligning the core programs to achieve strategic vision and goals. The unified State Plan must include the following operational planning elements: (1) description of how each core program will implement the strategy of alignment, (2) a description of how the state operating systems and policies will support the implementation of the strategy of alignment, (3) specific elements of each program, and (4) several assurances.

VR agencies will still be required to submit all of the information described in section 101 of the Rehab Act.

Combined State Plan -
9.5 No provision for combined State Plan.

 

Combined State Plan -
9.5 (WIOA 103)

Instead of a unified State Plan, the State may elect to submit a combined State Plan for the core programs plus 1 or more additional identified program. The portion of the combined State plan covering the core programs must meet all of the requirements of the unified State Plan.

9.6 (Public Law 101, 29 U.S.C. 721)

Included as some of the requirements of the state plan: sole state agency responsible for administration of the plan; order of selection; comprehensive system of personnel development; assurances regarding eligibility; reporting requirements; cooperation, collaboration, and coordination; annual review of individuals in extended employment or other employment under special certificate provisions of Fair Labor Standards Act of 1938; and annual state goals and reports of progress.

9.6 (WIOA 412)

Requires state plan to include: description of coordination with employers and interagency cooperation and utilization of initiatives involving in-demand industry sectors or occupations to increase opportunities, and methods to improve and expand vocational rehabilitation services for students with disabilities; assurance of cooperative agreement regarding individuals eligible for home and community-based waiver programs, coordination with assistive technology program, coordination with ticket to work and self-sufficiency program, development and implementation of strategies to address needs identified in assessment of needs of youth and students with disabilities; needs of the comprehensive, statewide assessment; assessment of the needs of youth and students with disabilities and individuals with disabilities for transitional and pre-employment services; semiannual review of individuals in extended employment or other employment under special certificate provisions of Fair Labor Standards Act of 1938. Allows state at its discretion to serve eligible individuals, whether or not receiving vocational rehabilitation services, who require specific services or equipment to maintain employment.

Performance Standards -
9.7 (Public Law 106, 29 U.S.C. 726)

Required the Commissioner, no later than July 1, 1999, to establish and publish evaluation standards and performance indicators for the vocational rehabilitation program and to revise evaluation standards and performance indicators every three years.

Performance Standards -
9.7 (WIOA 416)

Establishes six common performance standards for all core programs under WIOA: (1) percentage of participants in unsubsidized employment during second quarter after exit, (2) percentage of participants in unsubsidized employment during fourth quarter after exit, (3) median earnings of participants during second quarter after exit, (4) percentage of participants who obtain a postsecondary credential or secondary school diploma within 1 year after exit, (5) achievement of measureable skill gains toward credential or employment, and (6) effectiveness in serving employers.

Sanctions -
9.8 (Public Law 106, 29 U.S.C. 726)

No provision for sanctions. Required Commissioner to provide technical assistance and to develop along with the state an improvement plan when Commissioner determined that state's performance fell below established standards. Required Commissioner to reduce or suspend payments if a state fails to enter into an improvement plan or comply substantially with the terms and conditions of an improvement plan, until such time as the state enters into an improvement plan or complies substantially with the terms and conditions of the improvement plan.

Sanctions -
9.8 (WIOA 416)

Requires Secretaries of Labor and Education to provide technical assistance to program that fails to meet its performance levels for any program year. Reduces by 5 percentage points amounts reserved for statewide activities in immediate succeeding years should program fail to meet its performance levels in second consecutive year or state fails to submit a report until such time as Secretaries meets performance levels and submitted reports.

 

10. Services to Employers and Employer Engagement

Before WIOA After WIOA

Training and Services to Employers -
10.1 (Public Law 109, 29 U.S.C. 728a)

State could choose to expend federal funds received from the VR Services grant to (1)carry out a program to train employers on compliance with Title I of the Americans with Disabilities Act, and (2) inform employers of the existence of this training program.

Training and Services to Employers -
10.1 (WIOA 418)

State can choose to expend federal funds received from the VR Services grant to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities who are receiving VR services, including but not limited to: (1) providing training and technical assistance on compliance with the Americans with Disabilities Act, other employment related laws, and disability awareness, (2) working with employers to provide work-based learning opportunities, recruiting qualified individuals with disabilities, training employees who are individuals with disabilities, and promoting awareness of disability-related obstacles to continued employment, (3) providing consultation, technical assistance, and support to employers on accommodations, assistive technology, and workplace access to enable employers to recruit, job match, hire, and retain qualified individuals with disabilities who receive VR services, and (4) assist employers with utilizing available support for hiring or accommodating individuals with disabilities.

Local Workforce Board Employer Engagement -
10.2 No provision for requiring local workforce board to engage with employers.

 

Local Workforce Board Employer Engagement -
10.2 (WIOA 107)

Requires the local workforce board to lead efforts to engage with a diverse range of employers and entities in their region to (1) promote business representation on the local board, (2) develop effective linkages with employers in the region, (3)ensure that workforce investment activities meet the needs of local employers, and (4) develop and implement proven or promising strategies for meeting employment and skill needs of workers and employers in the region.

Effectiveness in Serving Employers
10.3 No performance measure evaluating effectiveness in serving employers.

 

Effectiveness in Serving Employers
10.3 (WIOA 116)

New performance measure evaluating each of the core programs effectiveness in serving employers. The Secretaries of Labor and Education will jointly develop and establish one or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers before June 30, 2016.

Job Driven Training
10.4 No provision

 

Job- Driven Training
10.4

In his 2014 State of the Union address, President Obama asked Vice President Biden to "lead an across-the-board reform of America's training programs to make sure they have one mission: train Americans with the skills employers need, and match them to good jobs that need to be filled right now." The review resulted in a report titled, "Ready to Work: Job-Driven Training and American Opportunity" released the same day that President Obama signed WIOA.

The Report defines a Job-Driven program as one that is, "responsive to the needs of the employers in order to effectively place ready-to-work Americans in jobs that are available now or train them in the skills needed for better jobs." The Report contained a seven-point checklist for Job-Driven Training to help guide administrative reforms.

Although WIOA and the Job-Driven Report developed separately, WIOA furthers several of the goals identified in the Report and, in addition, the Secretaries of Education, Labor, and Commerce have committed to integrating the elements in the Job-Driven Training checklist into competitive and formula grants and considering the elements of the checklist while implementing WIOA.

This table was last amended December 4, 2015.