Governance
Chapter: 1
Section: Effective Date: 12/1/2014
Expiration Date: Continuing
Revision Date: 5/19/2021 1:04:05 PM
Version: 1
Status: Current
Tags: Governance
PurposeWIOA streamlines the governing bodies that establish State, regional and local workforce priorities. Through WIOA the local governance requirements empower Chief Elected Officials, businesses, program partners and others to optimize, leverage, and allocate resources to respond to the needs of local employers, workers and job seekers through targeted sector strategies, increased employer engagement, and accelerated work-based learning and training programs that create career pathways .
Furthermore, WIOA sets a framework for how state and local workforce systems are to be governed and aligned in a way that provides service coordination and integration among the workforce, education, and economic development systems.
Broadly, the WIOA governance provisions:
- Prescribe the parameters for establishing Regions and Local Areas.
- Streamline membership requirements for State and local workforce innovation boards while maintaining a majority of business representation.
- Add Vocational Rehabilitation, Adult Education, and Registered Apprenticeship as required board members and increases the voice of labor on the board.
- Expand the functions for workforce boards and provides guidance on staffing.
- Establish the guidelines for negotiating a memorandum of understanding as well as the designation of local grant recipients, subrecipients, and fiscal agents, and the procurement of one-stop operators.
- Require certification and continuous improvement of one-stop centers by the Chief Elected Officials and the workforce boards.
Chapter 1 provides the state level guidance for these WIOA governance provisions and others found in Sections 106 – 108 of the Act and 20 CFR Sections 677 and 678 of the WIOA Final Joint Rule and 20 CFR Section 679 of the WIOA Final Rule.
Designation and Redesignation of Local Workforce Innovation Areas and Planning Regions
Chapter: 1
Section: 1
Effective Date: 4/23/2015
Expiration Date: Continuing
Revision Date: 5/19/2021 10:49:44 AM
Version: 1
Status: Current
Tags: Eligibility,
WIA/WIOA Designation,
Governance
For current policy on Designation and Redesignation of LWIAs and Planning Regions, please see the WIOA Transition Letter on the Notices tab.
Chief Elected Official (CEO) Functions and Agreement Between Multiple Chief Elected Officials
Chapter: 1
Section: 2
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 6/14/2021 11:11:39 AM
Version: 1
Status: Current
Tags: CEO Agreement,
Governance
- The Workforce Innovation and Opportunity Act (WIOA) vests local chief elected officials (CEOs) with significant authority to provide leadership in the development, operation and performance of local workforce development programs. Under WIOA, local chief elected officials:
- Serve as grant recipient for WIOA funds or to designate an alternative entity as grant subrecipient or fiscal agent; (Refer to the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual.)
- Assume financial liability for any grant funds determined to be misused or unallowable even when alternate grant subrecipients or fiscal agents are appointed; (Refer to the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual.)
- Appoint members of local workforce innovation board; and
- Approve all significant actions of local workforce innovation board, including the board’s competitive selection of a one-stop center operator, the negotiated local memorandum of understanding, the board’s desire to provide career services prior to requesting approval from the Governor and the local workforce innovation board budget.
- WIOA also positions chief elected officials to consult with the Governor regarding significant structural, planning, operational and performance matters pertaining to the delivery of workforce services, including consultation related to:
- Designation of local areas;
- Identification of planning regions;
- Allocation of WIOA funds;
- The development of a Unified State Plan;
- Development of a reorganization plan for local workforce innovation board (LWIB), if an LWIB is decertified; and
- The operation and certification of local one-stop centers, including consultation with the Governor regarding policies related to and funding of one-stop center infrastructure costs.
- Under WIOA, chief elected officials are required to work in partnership with local workforce innovation boards to assure the local workforce system responds to the local needs of employers in sectors critical to the local and regional economies, including by:
- Developing a local plan that meets local workforce development needs and the requirements of WIOA;
- Engaging in regional planning with other chief elected officials and local workforce innovation boards designated by the Governor as being in the same region;
- In conjunction with the state, carrying out statewide rapid response activities using funds reserved by the Governor, including additional assistance to local areas that experience disasters, mass layoffs, or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals;
- Negotiating local performance accountability measures under WIOA;
- Establishing and operating a fiscal and management accountability information system based on guidelines established by the Secretary of Labor and Secretary of Education; and
- Conducting ongoing oversight of workforce development activities to assure appropriate management and use of funds and to maximize performance outcomes.
- Chief elected officials must periodically review all local agreements pertaining to the delivery of workforce development services within the local workforce innovation area. All local agreements, including the CEO Agreement (if required) must comport with responsibilities WIOA defines for CEOs.
- Chief elected officials in local workforce innovation areas comprised of more than one unit of general local government are required to periodically review their existing CEO Agreement to ensure that it conforms to this policy. If changes are necessary, a revised CEO Agreement should be forwarded to:
Chief Elected Officials Agreement
Illinois Department of Commerce and Economic Opportunity
Office of Employment and Training
500 East Monroe Street – 9th Floor
Springfield, Illinois 62701
- A checklist that outlines the required elements of the CEO Agreement as well as a suggested template accompanies this policy.
CEO Agreement for CEOs of Multiple Counties
Chapter: 1
Section: 2.1
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 6/10/2021 2:16:29 PM
Version: 1
Status: Current
Tags: CEO Agreement,
Governance
- All LWIAs comprised of more than one unit of general local government must establish a written agreement, known as a CEO Agreement, among the CEOs in the LWIA. At a minimum, this written agreement shall:
- Describe the process and method CEO(s) will use to appoint members of the Local Workforce Board (LWIB), including each individual CEO’s role in the appointment process and how appointments will be distributed between or among CEOs in the local workforce innovation area;
- Name the entity CEOs designate as grant recipient or grant subrecipient;
- Name the entity CEOs designate as fiscal agent in the local workforce area;
- Identify the method, formula or other basis on which each unit of general local government’s liability for misspent funds or disallowed costs will be determined, including acknowledging that any required repayment of funds must be made from non-federal fund sources;
- Define the process and method to be used to make all other significant decisions required pursuant to the responsibilities of CEOs under WIOA, including any formula or other method for weighted voting to which the CEOs agree;
- Specify how the CEOs will fulfill their responsibilities to partner with the LWIB to develop and submit the local and regional plans; provide WIOA program oversight; select one-stop operators; approve the LWIB budget; approve “additional” one-stop partners; and agree on the memorandum of understanding; and
- Describe how the CEOs will consult with the state to negotiate local performance measures; coordinate the development of a reorganization plan following any LWIB decertification; provide rapid response activities; establish fiscal and accountability management systems; and consult with the Governor or the Secretary of Labor concerning activities in the local area funded by the State or US Department of Labor.
Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability
Chapter: 1
Section: 3
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/21/2021 2:35:30 PM
Version: 3
Status: Current
Tags: CEO Agreement,
Governance
This policy describes chief elected official (CEO) authority as the local grant recipient, including the authority to designate local grant subrecipients and fiscal agents for grant funds provided under Title I of the Workforce Innovation and Opportunity Act (WIOA). It also defines each chief elected official’s liability for WIOA funds determined to be misspent or used for unallowable purposes.
CEO Acknowledgment and Designation Definition of Terms
Chapter: 1
Section: 3.1
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/14/2021 10:40:00 AM
Version: 1
Status: Current
Tags: CEO Agreement,
Governance
- The definitions provided in the CEO Acknowledgment and Designation Definition of Terms section of this policy apply to this policy and to the related CEO Acknowledgment and Designation Form.
- For purposes of interpreting the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR Part 200) (Uniform Requirements), the State of Illinois is considered the “recipient” of WIOA funds. Entities that receive WIOA funds from the State of Illinois, such as Local Workforce Innovation Areas, are considered “subrecipients” of WIOA funds under the Uniform Requirements.
- Under WIOA, “grant recipient” refers to a local CEO receiving WIOA funds from the State, and “grant subrecipient” refers to an entity designated by a local CEO to receive WIOA funds from the State. This policy follows the WIOA definitions for “recipient” and “subrecipient.”
- “CEO” or “Chief Elected Official,” when used in this policy, means the CEO’s unit of general local government, not the CEO personally, except in reference to:
- The individuals required to sign the CEO Acknowledgment and Designation Form and the grant-related documents in the Chief Elected Official’s Financial Liability section of this policy, numbers 2, 5, and 6 herein; and
- The individuals required to sign section five of the CEO Acknowledgment and Designation Form.
Designation of Local Grant Recipients, Subrecipients, and Fiscal Agents
Chapter: 1
Section: 3.2
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/10/2021 2:20:56 PM
Version: 2
Status: Current
Tags: CEO Agreement,
Governance
- The local CEO within each single CEO Local Workforce Innovation Area (LWIA) shall serve as the grant recipient for funds under WIOA unless the local CEO designates a grant subrecipient. (WIOA Section 107(d)(12)(B)(i))
- Local CEOs in LWIAs comprised of multiple units of general local government may designate a single CEO as the grant recipient or designate another entity to be the grant subrecipient.
- The entity functioning in the capacity of grant recipient or grant subrecipient must enter into a grant relationship with the Department of Commerce and Economic Opportunity (the Department) for all WIOA Title I funds (i.e., youth, adult, and dislocated workers). The grant recipient or grant subrecipient will be the receiver of record for all WIOA Title I funds allocated to the local area from the Department.
- The grant recipient or subrecipient must disburse funds at the direction of the Local Workforce Innovation Board (LWIB), as long as that direction does not violate a provision of WIOA. As stated in the Chief Elected Official’s Financial Liability section of this policy, number 3, a separate entity may be designated to perform fiscal agent responsibilities.
Chief Elected Official's Financial Liability
Chapter: 1
Section: 3.3
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/10/2021 2:24:43 PM
Version: 2
Status: Current
Tags: CEO Agreement,
Governance
- The CEO(s) within each LWIA is financially responsible for the use of WIOA funds within that LWIA, whether the CEO serves as the grant recipient or another entity is designated to serve in that capacity.
- In the case of multiple CEOs, all CEOs in the LWIA are jointly and severally liable for any improper expenditures.
- This means that the political jurisdiction of the CEO is liable for any misuse of WIOA grant funds allocated to the local area and must repay the State using non-federal funds for any improper or unallowable expenditures.
- When an alternate entity is designated as the grant subrecipient by the CEO(s), a separate agreement between the CEO(s) and the grant subrecipient, as well as a CEO Acknowledgment and Designation Form, are required.
- The CEO Acknowledgment and Designation Form will make explicit the local grant subrecipient arrangement and acknowledge the CEO’s individual or collective (in the case of multiple CEOs) financial liability for WIOA funds.
- The CEO, or all CEOs in multiple CEO areas, is required to sign this form and submit it to the Department.
- Under this designation arrangement, funds flow to the entity selected by the CEO(s) to function as the grant subrecipient.
- The designated entity receiving funds from the Department must have an authorized representative from that entity execute the grant agreements and related budget and disclosure forms.
- When an alternate entity is designated as fiscal agent by the CEO(s), there must be a written agreement between the fiscal agent and CEO(s) to define the roles and responsibilities of the fiscal agent.
- The CEO(s) must also include the designated fiscal agent’s information on the CEO Acknowledgment and Designation Form.
- The designated fiscal agent must meet the minimum qualifications defined by the GATA Framework for a Grantee Fiscal Agent Function (the GATA Framework) (see website link on the References tab).
- The CEO-Fiscal Agent Agreement must follow the GATA Framework and must include one or more of the following fiscal agent functions specified in 20 CFR 679.420:
- Receive funds from the grant recipient or grant subrecipient (if a separate entity is designated as the grant subrecipient);
- Ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with OMB circulars, WIOA, and corresponding Federal Regulations and State policies;
- Respond to audit financial findings;
- Maintain proper accounting records and adequate documentation;
- Prepare financial reports; and
- Provide technical assistance to grant recipients or subrecipients regarding fiscal issues.
- At the direction of the local workforce innovation board, the fiscal agent may also:
- Procure contracts or obtain written agreements;
- Conduct financial monitoring of service providers; and
- Ensure independent audit of all employment and training programs.
- A local organization/entity may be selected or otherwise designated to perform more than one of the following functions: fiscal agent, local workforce innovation board staff, one-stop operator, direct provider of career services or training services.
- If a local organization/entity is performing more than one of these functions, there must be a written agreement with the local workforce innovation board and the CEO(s) to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, relevant OMB Circulars, and the State’s conflict of interest policy. A separate CEO-Fiscal Agent Agreement is not required.
- In instances in which the CEO is the grant recipient, the CEO is the party authorized to sign grant agreements and related budget and disclosure forms with the Department under WIOA.
- The CEO may delegate signature authority to another person(s) within the CEO’s organization to execute grant agreements and related budget and disclosure forms.
- The CEO may designate other agents within or outside the CEO’s organization to sign other grant-related documents, such as periodic reports.
- The delegation of signature authority by chief elected officials is accomplished by completing the attached CEO Acknowledgment and Designation Form.
- In areas comprised of multiple CEOs, each CEO is required to sign the attached form.
- All individuals with either type of designated signature authority must also be listed on the grant agreements as an authorized designee.
- In order to establish a designation arrangement regarding the local grant subrecipient under WIOA, delegation of signature authority, and the acknowledgment of financial responsibility, CEOs are required to submit the attached CEO Acknowledgment and Designation Form as well as the CEO(s)/grant subrecipient agreement, if applicable.
- In areas comprised of multiple CEOs, each CEO is required to sign this form, which will be included as an addendum to the comprehensive four (4)-year local plan.
CEO Acknowledgment and Designation, Grant Subrecipient, Fiscal Agent, and Entity Multiple Function Agreements
Chapter: 1
Section: 3.4
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/10/2021 2:26:52 PM
Version: 2
Status: Current
Tags: CEO Agreement,
Governance
- The CEO(s) of each LWIA is required to submit a CEO Acknowledgment and Designation Form as set forth in the Chief Elected Official’s Financial Liability section of this policy, number 2:
- When the local CEO(s) wishes to name or change the grant recipient, subrecipient, or fiscal agent.
- When the local CEO(s) or designated grant subrecipient elects to change the designation of individuals who may sign grant agreements or grant-related documents with the Department.
- When an LWIA is reconfigured and the units of general local government included in the new LWIA change.
- In instances in which the CEO(s) of an LWIA has elected to designate a grant subrecipient or fiscal agent pursuant to the Chief Elected Official’s Financial Liability section of this policy, numbers 2 or 3 herein, respectively, or where a local entity is selected or designated to perform more than one of the functions as set forth in the Chief Elected Official’s Financial Liability section of this policy, number 4 herein, the CEO(s) must submit the applicable Grant Subrecipient, Fiscal Agent, and/or Entity Multiple Function Agreement(s):
- When the local CEO(s) wishes to name or change the grant subrecipient or fiscal agent.
- When the local CEO(s) selects or otherwise designates an entity to perform more than one of the following functions: fiscal agent, local workforce innovation board staff, one-stop operator, direct provider of career services or training services.
- When an LWIA is reconfigured and the units of general local government included in the new LWIA change.
- Upon completion, the CEO Acknowledgment and Designation Form, Grant Subrecipient Agreement, Fiscal Agent Agreement and Entity Multiple Function Agreement should be forwarded to:
Chief Elected Officials Governance Forms and Agreements
Illinois Department of Commerce and Economic Opportunity
Office of Employment and Training
500 East Monroe Street – 9th Floor
Springfield, Illinois 62701
Local Workforce Innovation Board (LWIB) Membership Requirements
Chapter: 1
Section: 4
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 12/26/2023 1:50:43 PM
Version: 3
Status: Current
Tags: LWIBs,
Governance
This policy provides guidelines by which membership of all Local Workforce Innovation Boards (LWIBs) shall be configured and established.
- The authority to appoint members to the LWIB lies solely with the chief elected official(s) (CEOs). Appointments should be made in accordance with the CEO Agreement as outlined in the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual.
- The CEO should give special consideration to assuring an appropriate ethnic and gender balance and other representation as reflective of the local area.
- Representatives of organizations, agencies or other entities serving on the local board shall be individuals with optimum policy-making authority within the organizations, agencies or entities they represent and represent diverse geographic areas within the local area.
- A representative with optimum policy-making authority is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action.
Local Workforce Innovation Board Composition
Chapter: 1
Section: 4.1
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:11:05 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
Membership of each LWIB shall be comprised of or meet the following requirements:
- Business representatives that:
- Reflect a majority of all board members. (This is defined as greater than fifty percent (50%) of all board membership);
- Are owners of businesses, chief executives, operating officers, or other business executives or employers with optimum policy-making or hiring authority;
- Include at least two (2) representatives of small businesses as defined by the U.S. Small Business Administration. Refer to the Small Business Administration Table of Small Business Size Standards listed on the References tab;
- Represent businesses that provide employment opportunities that, at a minimum, include high-quality and work-relevant training and development in in-demand industry sectors or occupations in the local area;
- Key industry sectors;
- Labor Market Information (LMI) provided by the state to each area that reflects current employment and future projections by industry sector and tallies of establishments by employment size by major industry sectors; and
- Additional sources of labor market information to help demonstrate the appropriate business composition of the board as indicated by the Chief Elected Officials (CEOs); and
- Are appointed from among individuals nominated by local business organizations and business trade associations.
- Not less than twenty percent (20%) of the members of the local board shall be representatives of the workforce within the local area, which:
- Shall include two (2) or more representatives of labor organizations where such organizations exist in the local area and who have been nominated by local labor federations. Where labor organizations do not exist in the local area, representatives must be selected from other employee representatives.
- Shall include a representative of a joint labor-management or union-affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor organization. If no union-affiliated registered apprenticeship program exists in an area, then a representative of a registered apprenticeship program with no union affiliation must be appointed if such program exists.
- May include representatives of community-based organizations (private, nonprofit organizations) that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment as defined in the Workforce Innovation and Opportunity Act (WIOA), including organizations that serve veterans or provide or support competitive integrated employment for individuals with disabilities; and
- May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including out-of-school youth.
- A representative with “demonstrated experience and expertise” means an individual who:
- Is a workplace learning advisor as defined in WIOA;
- Contributes to the field of workforce development, human resources, training and development, or a core program function; or
- The local board recognizes for valuable contributions in education or workforce development-related fields.
- Entities administering education and training activities in the local area which:
- Shall include an eligible provider administering adult education and literacy activities under WIOA Title II; and
- Shall include a representative of institutions of higher education providing workforce investment activities (including community colleges).
- If the local area includes multiple providers of adult education and literacy programs and multiple institutions of higher education, each representative described in a. and b. shall be appointed from among individuals nominated by each respective group.
- May also include representatives of local education agencies and community-based organizations (private, non-profit organizations) with demonstrated expertise addressing the education or training needs of individuals with barriers to employment as defined in WIOA.
- Each local board shall have representatives of governmental and economic and community development entities serving the local area, which:
- Shall include a representative of economic and community development entities defined in WIOA;
- Shall include an appropriate representative of the state employment service office under Wagner-Peyser serving the local area;
- Shall include an appropriate representative of programs in the area providing services under Title I of the Rehabilitation Services Act of 1973, other than Sec. 112 or Part C of the Title, serving the local area;
- May include representatives of agencies that administer programs providing transportation, housing, or public assistance in the local area; and
- May include representatives of philanthropic organizations serving the local area.
- Each local board may also have representatives of agencies or entities the chief elected official(s) in the local area may deem appropriate.
- An LWIB member may represent multiple programs under WIOA in certain circumstances:
- With the exception noted in c. below, an individual may be appointed as a representative of more than one (1) program if that individual meets all criteria for representation, including the criteria described in the Final Rules.
- A labor representative could also serve as the required apprenticeship representative if the individual meets the criteria for representing both membership categories.
- Individuals representing more than one (1) program must have optimum policy-making authority within each of the programs they are representing.
- A representative of higher education may not simultaneously represent adult education and literacy activities under WIOA Title II. The Illinois Community College Board (ICCB) approved Adult Education and Family Literacy representative, preferably the Project Director or the Project Coordinator, must have direct oversight of the adult education program.
- All required board members must have voting privileges. The CEO may convey voting privileges to non-required members.
Local Workforce Innovation Board Membership Terms
Chapter: 1
Section: 4.2
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:11:19 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- The Chief Elected Official (CEO) shall set the term limits for board members.
- Local Workforce Innovation Board (LWIB) bylaws shall include provisions that set fixed-length terms and include how the board will treat vacancies.
- Membership terms shall also be staggered so that only a portion of membership terms expire in a given year. All appointments will end on September 30 (9/30) in a given year.
Local Workforce Innovation Board Chairperson
Chapter: 1
Section: 4.3
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:11:32 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- A Chairperson for the local board must be elected from among the business representatives of the board.
Local Workforce Innovation Board Standing Committees
Chapter: 1
Section: 4.4
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:11:46 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- The local board may designate and direct the activities of standing committees to assist the board in carrying out its activities under the Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(4) if the following requirements are met:
- The standing committee must be chaired by a member of the local board; and
- The standing committee must include individuals appointed by the local board who are not members of the local board and whom the local board has determined have demonstrated experience and expertise in accordance with the definition stated in the Local Workforce Innovation Board (LWIB) Composition section of this policy.
- The local board may designate standing committees as it determines appropriate, including the following standing committees:
- A standing committee to assist with operational and other issues related to the one-stop delivery system, which may include as members representatives of one-stop partners;
- A standing committee to assist with planning, operational, and other issues related to services to youth, which shall include community-based organizations with a demonstrated record of success in serving eligible youth; and
- A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including issues relating to compliance with WIOA, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 regarding providing programmatic and physical access to the services, programs and activities of the one-stop delivery system, as well as appropriate staff training on providing supports for or accommodations to, and finding employment opportunities for individuals with disabilities.
- Members of the local board may also serve as members of a standing committee.
- A local board may designate a standing or other committee that existed under the Workforce Investment Act of 1998 as a standing committee pursuant to this policy as long as the requirements in item 1.a. are met.
- All standing committees, except for an Executive Committee, shall be advisory and will make recommendations to the full local board.
Local Workforce Innovation Board Multiple Units of Local Government
Chapter: 1
Section: 4.5
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:12:02 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- In a case in which a local area includes more than one (1) unit of general local government, the chief elected officials of such units shall execute an agreement as described in the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual.
Local Workforce Innovation Board Member Nomination
Chapter: 1
Section: 4.6
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:12:22 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- These nomination requirements apply to all business and labor appointments to the local board as well as adult education and higher education entities when multiple providers are in the area.
- The Chief Elected Official (CEO) must contact appropriate businesses, workforce, or educational entities, including chambers of commerce, labor representatives and local educational entities serving the local area, to request nominations for local workforce board membership.
- Business representatives are to be nominated by local business organizations and business trade associations. Such organizations may consist of local chambers of commerce or business councils.
- Labor representatives are to be nominated by local labor federations such as labor councils or building and trades councils or (for an LWIA in which no employees are represented by such organizations) by other representatives of employees, such as employee organizations and/or the State AFL-CIO. A labor representative cannot be nominated by a local union.
- Local providers administering adult education and family literacy activities are to be nominated by other providers identified by the Illinois Community College Board (ICCB) when multiple providers are in the local area.
- Local institutions of higher education are to be nominated by other institutions governed by the Illinois State Board of Higher Education (IBHE) when multiple institutions are in the local area.
- Individuals may nominate themselves if they meet the criteria to nominate and represent the business, organization, or program for which they are being nominated.
- All nominations must be made using the LWIB Nomination Form (OET/LWIB Form # 001). (See the Forms & Instructions tab.)
- All Nomination Forms must be fully completed, signed, and dated to be accepted.
- The Nominated individual must sign and date the Appointment/Reappointment Form within one (1) year of the Nominator’s signature and date.
- The Nomination Form must accompany the Appointment/Reappointment Form (OET/LWIB Form # 002) and is required for initial appointments only. (See the Forms & Instructions tab.) A nomination form is not required for reappointments.
- Form # 001 in an Excel format is provided as an attachment to this policy.
- Form # 001 is only required for an initial appointment.
Local Workforce Innovation Board Resignation or Removal of Board Members
Chapter: 1
Section: 4.7
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:12:41 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- Members serving on Local Workforce Innovation Boards (LWIBs) who subsequently retire or no longer hold the board position or status that made them eligible board members must resign or be removed by the Chief Elected Official (CEO) immediately as a board member. To retain their knowledge and experience, the CEO may appoint them to an LWIB standing committee as outlined in the LWIB Standing Committees section of this policy. (These individuals would be a member of the committee but not a member of the LWIB.)
- LWIBs may, under the circumstances indicated in their local bylaws, remove board members at their discretion for justifiable cause.
- LWIB vacancies must be filled within ninety (90) days of the vacancy.
Local Workforce Innovation Board Appointment/Reappointment of Board Members
Chapter: 1
Section: 4.8
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:12:59 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- The Chief Elected Official(s) (CEO(s) in a Local Workforce Innovation Area (LWIA) are authorized to make all reappointments of members of the local board for that designated area in accordance with the CEO Agreement. Local Workforce Innovation Board (LWIB) reappointments must be made within ninety (90) days of the term expiration.
- Appointment or reappointment of an individual as a member of the LWIB must be made using the Appointment/Reappointment Form (OET/LWIB Form # 002) generated in the Local Workforce Area Contact System (LWACS).
- If an appointee is representing multiple entities filling multiple seats on the board, then two (2) separate appointment forms are required.
- The Appointment/Reappointment Form must be fully completed, signed, and dated to be accepted. An updated and fully completed electronic copy of the Composition Summary Form (OET/LWIB Form # 003) generated in LWACS must accompany any Appointment/Reappointment Form.
- The CEO must sign and date the Composition Summary Form following these guidelines:
- The CEO’s signature and date may be an original signature, a stamp or an electronic signature;
- The CEO’s signature and date must be made within ninety (90) days of the appointed individual’s signature and date on the Appointment/Reappointment Form(s);
- In LWIAs where there are multiple chief elected officials, the Composition Summary Form must be signed by ALL chief elected officials using the Additional Signature Form (OET/LWIB Form # 004) unless they have designated one or more of the chief elected officials to act on behalf of all of the chief elected officials through the CEO Agreement; and
- Where an LWIA has designated one or more CEOs to act on behalf of multiple CEOs, a CEO Agreement must be on file with the Office of Employment and Training.
- A digital copy of the Nomination Form, if applicable, Appointment/Reappointment Form and Composition Summary Form must be uploaded LWACS within thirty (30) days of the CEO’s signature and date of the Composition Summary Form.
- The completed packet must be uploaded to LWACS.
- The composition of each LWIB will be reviewed periodically by the state to ensure compliance.
- The state will notify the LWIB in writing if conditions exist that are not in compliance with WIOA or the requirements of this policy.
Local Workforce Innovation Board Designation and Change of Chairperson
Chapter: 1
Section: 4.9
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:13:21 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- Any change to the Chairperson designation should be forwarded in writing to the Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) and updated in the Local Workforce Area Contact System (LWACS) within thirty (30) calendar days. (See the Contacts tab.
Local Workforce Innovation Board Conflict of Interest
Chapter: 1
Section: 4.10
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:13:40 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- A member of a Local Workforce Innovation Board (LWIB) or a member of a standing committee:
- Must publicly disclose to the LWIB if he/she has a real or perceived conflict of interest prior to discussion;
- May not vote on any matter under consideration by the local board:
- Regarding the provision of services by such member (or by a program that such member represents); or
- That would provide direct financial benefit to such member or the immediate family of such member, or the organization the member represents;
- May not engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the state plan; and
- The minutes of LWIB meetings shall document compliance with these conflict of interest requirements.
Local Workforce Innovation Board (LWIB) Certification and Recertification Requirements
Chapter: 1
Section: 5
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:14:04 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
The Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) will make a determination regarding the certification of all Local Workforce Innovation Boards (LWIBs) based on compliance with criteria established in the Workforce Innovation and Opportunity Act (WIOA) and this policy.
Local Workforce Innovation Board Initial Certification
Chapter: 1
Section: 5.1
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:14:17 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- The composition of each Local Workforce Innovation Board (LWIB) will be evaluated on the following criteria:
- Federal membership composition requirements encompassing business, representatives of the workforce, including labor organizations, local education program representatives and representatives of governmental and economic and community development entities;
- Specific requirements for each of the above membership categories; (Refer to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual.)
- Authority of board members (optimum policy-making authority);
- Majority business membership;
- At least twenty percent (20%) workforce/labor membership; and
- Compliance with the Chief Elected Official (CEO) Agreement and LWIB Bylaws of the local board.
- If the LWIB meets the requirements for initial certification, it will be certified for a two (2)-year period.
- Initial LWIB certification requires the electronic submittal of a complete LWIB certification information packet (preferably in .pdf format) to the Office of Employment and Training (OET) by uploading documents to the Local Workforce Area Contacts System (LWACS). The packet consists of the following:
- A copy of a Workforce Innovation and Opportunity Act (WIOA) compliant CEO Agreement, signed and dated by the CEO(s). (Refer to the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual for minimum requirements of a CEO Agreement.) Among other requirements, the CEO Agreement must clearly identify:
- The CEO(s) who have authority to appoint members;
- The CEO(s) who have the authority to submit appointment requests to OET; and
- Grant Recipient designation. (Refer to the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual.)
- A narrative demonstrating how the business members of the LWIB provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area;
- A statement of accessibility indicating:
- All LWIB and LWIB committee meetings will be held in accessible facilities; and
- All materials and discussions are in an accessible format (i.e., large print, Braille, interpreter, etc.) for all members, as needed or indicated.
- Complete LWIB membership forms, including:
- Nomination forms (OET/LWIB Form # 001) for all business, education (as needed) and labor members being appointed;
- Appointment/Reappointment Forms (OET/LWIB Form # 002) for all LWIB members; (Refer to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual.)
- A current and accurate Composition Summary Form (OET/LWIB Form # 003); and
- A current and accurate Composition Summary Form Additional CEO Signature Page (OET/LWIB Form # 004), if applicable.
- Forms # 001 and # 004 are provided as attachments to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual. (See the Forms & Instructions tab.) Forms # 002 and # 003 are generated by LWACS and must be printed from the system, signed, and uploaded into the LWACS document library.
- The completed LWIB Certification information packet must be uploaded to the LWACS document library.
- Do not submit partial packets. Packets without all required signatures, required members and completed documents as outlined in this policy will not be accepted and/or reviewed. If the packet is not in compliance with state and local requirements as determined by Office of Employment and Training (OET) staff, the packet will be returned to the local board staff for revisions.
- A letter of certification will be issued once the LWIB has been determined to be in compliance.
Local Workforce Innovation Board Recertification
Chapter: 1
Section: 5.2
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:14:29 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- The Workforce Innovation and Opportunity Act (WIOA) requires each Local Workforce Innovation Board (LWIB) to be recertified every two (2) years. The first recertification was effective beginning October 1, 2017. Recertification of local boards will be based on the extent to which the local board has ensured:
- Board composition requirements have been maintained;
- Local workforce activities enable the Local Workforce Innovation Area (LWIA) to meet negotiated standards related to performance measures; and
- Fiscal integrity has been sustained.
- If an LWIB meets all membership requirements but fails to meet all performance measures, LWIB recertification will be granted for only a one (1)-year review period instead of a two (2)-year period.
- At the end of the one (1)-year review period, the recertification process will be repeated with an updated assessment of LWIB membership and local performance measures.
- If the LWIB meets all the performance measures during the one (1)-year review period, they will be given a new two (2)-year recertification.
- All recertification documentation is due to the Office of Employment and Training (OET) by October 1 of the recertification year.
- Subsequent LWIB recertification requires the electronic submittal of a complete LWIB recertification information packet (preferably in .pdf format) to OET. The packet consists of the following:
- A copy of the Chief Elected Official (CEO) Agreement (if changed since the last certification/ recertification), signed, and dated by the CEO(s) (Refer to the Chief Elected Official Delegation of Authority and Acknowledgment of Financial Liability section of the policy manual);
- A copy of the LWIB bylaws (if changed since the last certification/ recertification), signed, and dated;
- A narrative demonstrating how the business members of the LWIB provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area;
- A statement of accessibility indicating:
- All LWIB and LWIB committee meetings will be held in accessible facilities; and
- All materials and discussions are in an accessible format (i.e., large print, Braille, interpreter, etc.) for all members, as needed or indicated.
- Complete LWIB membership forms, including:
- Nomination forms (OET/LWIB Form # 001) for all business, education, and labor members being appointed;
- Appointment/Reappointment Forms (OET/LWIB Form # 002) for all LWIB members; (Refer to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual.)
- A current and accurate Composition Summary Form (OET/LWIB Form # 003); and
- A current and accurate Composition Summary Form Additional CEO Signature Page (OET/LWIB Form # 004), if applicable.
- Forms # 001 and # 004 are provided as attachments to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual. Forms # 002 and #003 are generated by LWACS and must be printed from the system, signed, and uploaded into the LWACS document library.
- The completed LWIB recertification information packet must be must be uploaded to the LWACS document library.
- All recertification packets shall include:
- A copy of the current CEO Agreement;
- A copy of the current LWIB bylaws;
- A copy of the current CEO/LWIB Agreement for LWIBs with such an agreement in place;
- A business member narrative; and
- A statement of accessibility.
- Documentation of any changes made to the CEO Agreement, LWIB bylaws, and CEO/LWIB Agreement since the most recent recertification (or original certification if this is the first recertification of the LWIB). Changes should be documented as follows:
- Written summary of all changes to the CEO Agreement, LWIB bylaws, and CEO/LWIB Agreement;
- A separate electronic copy of the CEO Agreement, LWIB bylaws, and CEO/LWIB Agreement that clearly indicates all changes. (This can be accomplished through word processing software such as using the "Track Changes" feature of Microsoft Word.); and
- A separate final copy of the CEO Agreement, LWIB bylaws, and CEO/LWIB Agreement.
- Do not submit partial packets. Packets without all required signatures, required members and completed documents as outlined in this policy will not be accepted and/or reviewed. If the packet is not in compliance with state and local requirements as determined by OET staff, the packet will be returned to the local board staff for revisions.
- A letter of recertification will be issued once the LWIB has been determined to be in compliance.
Local Workforce Innovation Board Bylaw Compliance
Chapter: 1
Section: 5.3
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:14:42 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- Upon notification of the Local Workforce Innovation Board (LWIB) certification, the new board is required to review and revise its bylaws for Workforce Innovation and Opportunity Act (WIOA) compliance. At a minimum, the bylaws should include:
- The nomination process used by the Cheif Elected Official(s) (CEOs) to elect the local board chair and members;
- The term limitations and how the term appointments will be staggered to ensure only a portion of the membership expires in a given year;
- The process to notify the CEO(s) of a board member vacancy to ensure a prompt nominee within ninety (90) days of the vacancy;
- Whether an appointee filling a vacancy will serve the remainder of the unexpired term or be appointed for a new full term;
- If utilized by the LWIB, the proxy and alternative designee process will be used when a board member is unable to attend a meeting and assigns a designee;
- The use of technology, in accordance with the Open Meetings Act, such as phone and web-based meetings that will be used to promote board member participation;
- The process to ensure board members actively participate in convening the workforce system’s stakeholders, brokering relationships with a diverse range of employers, and leveraging support for workforce activities;
- A description of any other conditions governing appointment or membership on the board as deemed appropriate by the CEO(s);
- The adopted generally accepted parliamentary procedure, such as Robert’s Rules of Order, chosen by the LWIB;
- The LWIB’s policy assuring attendance and participation of its members;
- Quorum requirements;
- Any standing committees the LWIB has established; (Refer to the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual.)
- The LWIB’s conflict of interest policy, which may not be any less stringent than the requirements of the Local Workforce Innovation Board (LWIB) Membership Requirements section of the policy manual;
- The LWIB’s policy on absentee voting, if allowed by the LWIB; and
- The process the board will take when expedient action is warranted between board meetings, such as calling a special meeting or allowing the Executive Committee to act on behalf of the board.
- The LWIB is required to review its existing bylaws periodically. If a need arises to alter the bylaws, then the revised bylaws must be signed, dated, and emailed to the Office of Employment and Training (OET) staff listed on the Contacts tab.
- A checklist that outlines the required elements of the board bylaws, as well as a suggested template, accompanies this policy.
Local Workforce Innovation Board Decertification
Chapter: 1
Section: 5.4
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:15:00 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- Local Workforce Innovation Boards (LWIBs) are subject to decertification by the Office of Employment and Training (OET) under one or more of the following conditions:
- Failure to carry out functions of the board; or
- Fraud and/or abuse.
- If an LWIB, having already been placed on a one (1)-year cycle of recertification due to a lack of meeting all performance measures, fails to meet all performance measures in a second year, the LWIB may be decertified.
- A written notice of decertification and opportunity for appeal will be provided before decertification becomes effective.
- An LWIB that is decertified or fails to achieve initial certification will be required to reappoint and submit a revised membership listing and repeat the process for initial certification.
Local Workforce Innovation Board Appeal Process
Chapter: 1
Section: 5.5
Effective Date: 12/4/2015
Expiration Date: Continuing
Revision Date: 8/4/2023 2:15:18 PM
Version: 2
Status: Current
Tags: LWIBs,
Governance
- If a Local Workforce Innovation Board (LWIB) is denied certification or decertified by the state, it may appeal the decision. The Office of Employment and Training (OET) will notify the LWIB of its decision regarding the appeal within twenty-one (21) days from the receipt of the request by the LWIB.
- The LWIB has twenty-one (21) days, from the date of receipt of the notice of denial in which to file an appeal to OET. The appeal must include the following information:
- A statement that the LWIB is appealing the denial;
- The reason(s) certification or recertification should be granted or decertification should not be made;
- LWIB contact information to request additional information, if necessary; and
- The signature of the Cheif Elected Official (CEO).
- The appeal must be submitted formally, in writing to OET, and must be sent by registered mail no later than the twenty-first (21st) day from the date of receipt of the notice of denial.
Appeals must be sent to:
Local Workforce Innovation Board Decertification Appeal Illinois Department of Commerce and Economic Opportunity
Office of Employment and Training
607 E Adams Street – 3rd Floor
Springfield, Illinois 62701
- OET will review the request for appeal within twenty-one (21) days of its receipt.
- If an administrative error was made or if additional information submitted by the LWIB changes the basis upon which the original decision was issued, the decision may be reversed, and the LWIB granted certification or recertification, or the decertification may be revoked.
- If OET reverses its decision, it will notify the LWIB of its action in writing.
- If OET does not reverse its decision to deny LWIB certification or recertification or upholds its decision to decertify the LWIB, it shall notify the LWIB within twenty-one (21) days from the receipt of the request by the LWIB.
Local Workforce Innovation Board (LWIB) Functions and Policies
Chapter: 1
Section: 6
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:05:59 PM
Version: 2
Status: Current
Tags: Governance
The vision for the Local Workforce Innovation Board (LWIB) is to serve as a strategic leader and convener of local workforce development system stakeholders. The LWIB partners with employers and the workforce development system to develop policies and investments that support public workforce system strategies that support regional economies, the development of effective approaches, including local and regional sector partnerships and career pathways, and high-quality, customer-centered service delivery and service delivery approaches.
The purpose of the LWIB is to:
- Provide strategic and operational oversight in collaboration with the required and additional partners and workforce stakeholders to help develop a comprehensive and high-quality workforce development system in the local area and larger planning region;
- Assist in the achievement of the State's strategic and operational vision and goals as outlined in the Unified State Plan; and
- Maximize and continue to improve the quality of services, customer satisfaction, and effectiveness of the services provided.
Functions of Local Workforce Innovation Boards
Chapter: 1
Section: 6.1
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:06:16 PM
Version: 2
Status: Current
- Section 107(d)(1) through (13) of the Workforce Innovation and Opportunity Act (WIOA) and 20 CFR 679.370 requires Local Workforce Innovation Boards (LWIBs) to:
- Develop and submit a four-year local plan that meets the requirements of WIOA Section 108 in partnership with the chief elected official(s) CEO(s) following state guidance outlined in the Regional and Local Planning Requirements section of the policy manual;
- Collaborate with other LWIBs and CEOs in the preparation and submission of regional plans required under Section 106(c) of WIOA following state guidance outlined in the Regional and Local Planning Requirements section of the policy manual;
- Collect and analyze local and regional economic and labor market information to understand the workforce development needs and issues in the local and regional areas and to assure that local and regional plans respond to these issues and needs;
- Convene local workforce development system stakeholders to identify and leverage resources to support local workforce development activities;
- Take the lead to engage a diverse range of employers in the local and regional areas to promote business representation on the LWIB, to develop effective linkages that generate support among businesses for the local workforce development system and local workforce development activities, and to enhance communication, coordination and collaboration among employers, economic development entities and service providers to assure employer needs are met;
- Take the lead to develop and implement effective strategies to expand opportunities in in-demand industry sectors and occupations to provide the skilled workforce employers need;
- Take the lead to select and tailor career pathways that align employment, education and training services with the local needs of adults and youth, particularly individuals with barriers to employment;
- Identify, promote and disseminate information on proven and promising strategies and initiatives to meet the needs of employers, workers and jobseekers in the local area;
- Develop strategies utilizing technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers;
- Provide oversight, in conjunction with CEO(s), of programs that serve youth, adults, and dislocated workers and the local workforce development system to ensure appropriate management and use of funds and to maximize performance outcomes;
- As part of this responsibility, LWIBs must perform an annual fiscal and programmatic monitoring of their subrecipients;
- LWIBs are encouraged to formally review their programs and system for effectiveness annually; however, it must occur at a minimum of every two years and align with the planning process.
- Participate with the CEO(s) to negotiate local performance accountability measures with the State following the state guidance outlined in General Requirements for Negotiation of Local Performance Goals section of the policy manual;
- Negotiate with CEO and required partners on the methods for funding the infrastructure costs of one-stop centers in the local area following state guidance outlined in the Memorandum of Understanding (MOU) section of the policy manual.
- Work with the CEO(s) to competitively select one-stop operators and to identify and award competitively bid contracts to eligible providers of services to youth in compliance with the requirements of Section 107(d)(10) of WIOA, including the requirement to take steps to maximize consumer choice;
- Identify eligible training providers and providers of career services in compliance with the requirements of Section 107(d)(10).
- Coordinate activities with local education and training providers, including reviewing and making recommendations regarding applications to provide adult education and literacy activities to determine whether such applications are consistent with the local plan and making recommendations to the eligible agency to promote alignment with such plans, and replicating and implementing cooperative agreements to enhance services to individuals with disabilities as described in Section 107(d)(11) of WIOA;
- Develop a budget for the activities of the LWIB, which include costs associated with staffing the board, subject to the approval of the CEO(s);
- Assess annually the physical and programmatic accessibility of local one-stop centers to individuals with disabilities; and
- Certify local comprehensive one-stop centers in accordance with 20 CFR 678.800 and state guidance outlined in the One-Stop Center Certification section of the policy manual.
- As part of the functions outlined in 107(d)(8), LWIBs are responsible for program oversight and, in partnership with the CEO(s), must develop and approve formal equity-focused policies to guide and support workforce activities provided in the local workforce innovation area under Title IB of WIOA. These are outlined in the WIOA Required Local Area Policies (See Attachments Tab).
- All current policies must be reviewed through an equity lens, which the Illinois Workforce Innovation Board (IWIB) has provided in a framework that includes answering, but is not limited to, the following questions:
- What does the policy have the ability to impact? (Service delivery? Education and employment outcomes? Job quality? Other workforce system outcomes/goals?)
- Will the policy impact specific geographic areas (neighborhoods, areas, or regions)?
- What are the racial, economic, and other demographics of those living there?
- Who are the most affected community members concerned with or have experience related to this policy?
- How have community members been involved in developing this policy?
- How will the policy increase access and opportunity for underrepresented communities?
- Does the policy improve the customer experience and not create unnecessary steps to access the services in the local workforce area?
- Can changes be made to make the policy more equitable and inclusive?
- How will the policy be evaluated to ensure it has the intended impact?
- What is the implementation plan for the policy, including training local staff?
- Does the policy create inequity for participants to access services as compared to a neighboring local workforce area?
- For purposes of carrying out duties under WIOA, LWIBs may incorporate and may operate as entities described in section 501(c)(3) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code.
Staff to the Local Workforce Innovation Board
Chapter: 1
Section: 6.2
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:06:27 PM
Version: 2
Status: Current
- Local Workforce Innovation Boards (LWIBs) may hire a director and other staff to assist in carrying out the functions of the LWIB.
- LWIBs must establish and apply a set of qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in carrying out the functions of the LWIB.
- The LWIB director and staff must be subject to the limitations on the payment of salary and bonuses described in the Workforce Innovation and Opportunity Act (WIOA).
- In general, LWIB staff may only assist the LWIB in fulfilling the required functions.
- Should the LWIB select an entity to staff the LWIB that provides additional workforce functions beyond the functions described in WIOA, such an entity is required to enter into a written agreement with the LWIB and chief elected official(s) (CEO) to clarify their roles and responsibilities.
- Local organizations often function simultaneously in a variety of roles, including local fiscal agent, LWIB staff, one-stop operator, and direct provider of services. Any organization that has been selected or otherwise designated to perform more than one of these functions must develop a written agreement with the LWIB and CEO to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, relevant Office of Management and Budget circulars, and the State's conflict of interest policy.
- The LWIB must formally assess the management and oversight of the LWIB director or staff to ensure the board's required functions are met.
Parliamentary Procedures
Chapter: 1
Section: 6.3
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:06:36 PM
Version: 2
Status: Current
- All Local Workforce Innovation Boards (LWIBs) must adopt a generally accepted parliamentary procedure, such as Robert’s Rules of Order, to ensure that LWIBs conduct business in an orderly and ethical fashion.
- The LWIB’s meeting procedures should be noted in its bylaws, and business must be conducted accordingly.
Conduct Business in an Open Manner Under the “Sunshine Provision”
Chapter: 1
Section: 6.4
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:06:45 PM
Version: 2
Status: Current
- The LWIB must conduct its business in an open manner as required by WIOA sec. 107(e), by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the LWIB. These items must be reviewed and updated to reflect actual practice frequently or, at the very least, on an annual basis. This includes:
- Information about the local plan, or modification to the local plan, before submission of the plan;
- List and affiliation of LWIB members;
- Selection of one-stop operators;
- Award of grants or contracts to eligible training providers of workforce investment activities, including providers of youth workforce investment activities;
- Minutes of formal meetings of the LWIB; and
- LWIB by-laws, consistent with § 679.310(g).
- LWIBs are strongly encouraged to maintain the required local policies and make them accessible to the public.
Local Workforce Innovation Board Provision of Services and Limitations
Chapter: 1
Section: 6.5
Effective Date: 4/11/2024
Expiration Date: Continuing
Revision Date: 4/11/2024 1:06:55 PM
Version: 2
Status: Current
- Local Workforce Innovation Board’s (LWIB’s) Provision of Career Services or Certification as the One-Stop Operator
- The Workforce Innovation and Opportunity Act (WIOA) Final Rules offer the Chief Elected Official (CEO) and Governor flexibility in deciding whether to pursue a competitive award of career services.
- As outlined in the One-Stop Operator Procurement section of the policy manual, One-Stop Operators must be selected or designated through a competitive process even if the LWIB is considering being an operator.
- WIOA stipulates that LWIBs or staff to the LWIBs may not provide career services or be certified as the one-stop operator unless there is an agreement between the CEO(s) and the Governor.
- An LWIB or its staff acting as a direct provider of services is not optimal, as the board and its staff are designed to oversee the one-stop system and its services, not provide them.
- The criteria for and procedure to obtain agreement between the CEO and Governor is described in the LWIB as the One-Stop Operator and Additional Procurements and Board Staffing sections of the policy manual as well as the Request for Approval – LWIB to Serve as the One-Stop Operator and Request for Approval – LWIB to Provide WIOA Career Services attachments within the One-Stop Operator Procurement section of the policy manual.
- If an LWIB or its staff provides career services or is selected as the one-stop operator, the State must ensure that certification of one-stop centers is consistent with the State Certification Process in the One-Stop Certification section of the policy manual.
- LWIB May Not Provide Training Services
- The LWIB and staff of the LWIB are prohibited from providing training services unless a waiver is obtained from the Governor.
- This waiver intends to provide the option for LWIBs to provide training services in extenuating circumstances only, such as in rural areas with limited training providers. A formal procedure facilitates transparency and clarity regarding the criteria for the training waiver and ensures that any LWIB that applies is subject to the same criteria. Furthermore, the new criteria underscore that the waiver is not appropriate for local areas that have a robust network of training providers. Local areas should act in good faith when asserting that there are insufficient providers in the local area and protect against a conflict of interest.
- The criteria for and procedure to obtain agreement can be found in the Additional Procurements and Board Staffing section of the policy manual and Request for Approval – LWIB to Provide WIOA Adult and/or Dislocated Worker Training Services attachment within the One-Stop Operator Procurement section of the policy manual.
- A member of an LWIB or standing committee must comply with the WIOA conflicts of interest provisions:
- Refrain from participation in board discussion in areas of real or perceived conflict of interest;
- Abstain from voting on a matter under consideration by the LWIB regarding the provision of services by the member or by an entity that the member represents or that would provide direct financial benefit to the member or the immediate family of the member; or
- Abstain from engaging in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
- No LWIB member may vote or participate in the decision-making process for procuring services that would provide any financial benefit to that member, an immediate family member or a partner, or an organization the member represents. Consistent with 20 CFR 683.200(a)(5) and 2 CFR Parts 200.318, the Board must establish a standard of conduct that governs conflicts of interest and provides for disciplinary actions.
- Executive Boards or Executive Committees of LWIBs may meet between regularly scheduled Board meetings to address issues that require timely action. The issues can then be addressed and ratified by the Board as a whole at the next regularly scheduled meeting.
- Nothing in WIOA shall be construed to provide an LWIB with the authority to mandate curricula for schools.
One-Stop Operator Procurement
Chapter: 1
Section: 7
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:06:59 PM
Version: 4
Status: Current
Tags: LWIBs,
One-Stop,
Governance
The Workforce Innovation and Opportunity Act (WIOA) requires that all one-stop operators be selected or designated through a competitive process even if the Local Workforce Innovation Board (LWIB) is considering being an operator. Training and Employment Guidance Letter 15-16 (TEGL 15-16) Competitive Selection of One-Stop Operators (January 17, 2017) provides information on the requirements for the competitive process as set forth in Section 121(d)(2)(A) of WIOA.
TEGL 15-16 establishes that one-stop operators are subrecipients of federal funds that must follow the Uniform Guidance at 2 CFR part 200, including the contractual provisions in 2 CFR 200.318 through 200.326. Part of this requirement is for the LWIB and the selected one-stop operator to enter into a legally binding agreement which may take the form of a written contract or another type of agreement, such as a Memorandum of Understanding (MOU) which is explained in the One-Stop Operator Procurement Competition Requirements section of this policy.
The Local Workforce Innovation Areas (LWIAs) must follow the provisions outlined in TEGL 15-16, the key elements of which are summarized in the subsections of this policy.
Role of the One-Stop Operator
Chapter: 1
Section: 7.1
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:33:02 PM
Version: 1
Status: Current
Tags: One-Stop
The basic role of a one-stop operator is to coordinate the service delivery of participating one-stop partners and service providers.
- At a minimum, states and LWIBs must ensure that one-stop operators do the following:
- Disclose any potential conflicts of interest arising from the relationships of the one-stop operators with particular training service providers or other service providers, including, but not limited to, career services providers;
- In coordinating services and serving as a one-stop operator, refrain from establishing practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term services, such as intensive employment, training, and education services; and
- Comply with federal regulations, and procurement policies, relating to the calculation and use of profits.
- LWIB’s may establish additional roles for the one-stop operator, including the following:
- Being the primary provider of services within the center;
- Providing some of the services within the center;
- Coordinating service providers within the center and across the one-stop system; and
- Coordinating service delivery in a multi-center area, which may include affiliated sites.
- The role of the one-stop operator must be clearly articulated in all phases of the procurement process, as well as in the legally binding agreement between the LWIB and the one-stop operator.
- One-stop operators may not perform the following functions:
- Convene system stakeholders to assist in the development of the local plan;
- Prepare and submit local plans;
- Be responsible for oversight of itself;
- Manage or significantly participate in the competitive selection process for one-stop operators;
- Select or terminate one-stop operators, career service providers, and youth providers;
- Negotiate local performance accountability measures; or
- Develop and submit budgets for activities of the LWIB in the local area.
Eligible One-Stop Operator Entities
Chapter: 1
Section: 7.2
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:04:28 PM
Version: 1
Status: Current
Tags: LWIBs,
One-Stop,
Governance
The one-stop operator must be an entity (public, private, or non-profit) or a consortium of entities that, at a minimum, includes three (3) or more of the required one-stop partners in the local area.
- While certain entities are eligible to serve as one-stop operators, an entity’s eligibility to be the one-stop operator in a specific local area is affected by the nature of the procurement process, particularly as it relates to conflict of interest and avoiding “less-than arms-length” relationships.
LWIB as the One-Stop Operator
Chapter: 1
Section: 7.3
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:03:59 PM
Version: 1
Status: Current
Tags: LWIBs,
One-Stop,
Governance
LWIBs may serve as one-stop operators, however, they must still participate in the competition to be the one-stop operator and meet the mandatory requirements in 20 CFR 678.605(c) and 678.615(a).
- LWIBs may not deem themselves as the one-stop operator due to lack of bids received.
- As stated above, the eligibility of the one-stop operator is affected by the nature of the process, particularly as it relates to conflict of interest and avoiding “less-than arms-length” relationships.
- One way to avoid a conflict of interest is for the LWIB to contract with a separate and independent outside entity to conduct the competition.
- Outsourcing the entire process (including development of requirements, drafting the Request for Proposal (RFP) or Information for Bid (IFB), evaluation of proposals/bids, and identification of the best proposer) to an alternate entity would be the best practice in this circumstance to avoid a conflict of interest.
- If the outcome of the competitive process is the selection of the LWIB itself as the one-stop operator, the Governor and the Chief Elected Official (CEO) must agree to the selection of the LWIB.
- LWIBs must submit the Request for Approval – LWIB to Serve as the One-Stop Operator to obtain the Governor’s approval.
Timing for the One-Stop Operator
Chapter: 1
Section: 7.4
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:03:27 PM
Version: 2
Status: Current
Tags: LWIBs,
One-Stop,
Governance
TEGL 15-16 requires that all one-stop operators be selected by July 1, 2017.
- The competitive process must be conducted at least once every four (4) years.
One-Stop Operator Procurement Competition Requirements
Chapter: 1
Section: 7.5
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 6/14/2021 10:47:45 AM
Version: 2
Status: Current
Tags: LWIBs,
One-Stop,
Governance
The WIOA Joint Final Rule requires that the LWIB’s competitive process be based on local procurement policies and procedures as well as the principles of competitive procurement in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200, including the Department of Labor’s (DOL’s) specific requirements at 2 CFR part 2900, and other applicable regulations and policies.
- Appendix I of the Uniform Guidance outlines what the federal government has identified as the information that should be included in a competitive solicitation. Under WIOA, and consistent with the Uniform Guidance, the general procurement requirements include:
- Written Policies and Procedures;
- Methods of Procurement for Competitions;
- Full and Open Competition;
- Written Standards of Conduct;
- Transparency and Responsibility; and
- Recordkeeping.
- All procurement transactions must be conducted using full and open competition.
- In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
- Some of the situations considered to be restrictive of competition include, but are not limited to:
- Placing unreasonable requirements on firms in order for them to qualify to do business;
- Requiring unnecessary experience and excessive bonding;
- Noncompetitive pricing practices between firms or between affiliated companies;
- Noncompetitive contracts to consultants that are on retainer contracts;
- Organizational conflicts of interest;
- Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
- Any arbitrary action in the procurement process.
Avoiding Conflicts of Interest for Selection of the One-Stop Operator
Chapter: 1
Section: 7.6
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:02:29 PM
Version: 2
Status: Current
Tags: LWIBs,
One-Stop,
Governance
Persons and entities involved in the competitive process to select a one-stop operator using federal funds must be free of apparent or real conflicts of interest.
- LWIBs are required to make available to the public:
- The LWIB’s written conflict of interest policy;
- The LWIB’s written procurement policies;
- The procurement solicitation itself;
- A listing of the entities that submitted bids or proposals;
- An abstract of those bids or proposals;
- The identity of the selected one-stop operator; and
- Total award amount and duration of the contract with the one-stop operator.
- This list is not all inclusive.
- WIOA law and governing regulations also require that any organization or entity that has been selected to perform multiple functions in a local area must develop a written agreement with the LWIB and the CEO to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, the Uniform Guidance, and conflict of interest policies of both the state and the organization or entity performing multiple functions.
- The possibility that a conflict of interest may arise is inherent when entities are performing, or seeking to perform, multiple functions within the workforce development system.
- Proper firewalls must be in place to ensure the transparency and integrity of the procurement process and demonstrate to the public as well as the state that the selection process was impartial and that no preferential treatment was given to the awardee.
Required Contract Elements for the One-Stop Operator Agreement
Chapter: 1
Section: 7.7
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:01:53 PM
Version: 2
Status: Current
Tags: LWIBs,
One-Stop,
Governance
All One-Stop Operator Agreements must include the essential elements of a legally binding written agreement, and contain, at a minimum, a Statement of Work, Authorized Officials and Purpose, and Additional contractual terms and conditions.
- The One-Stop Operator Agreement must identify that the one-stop operator is a subrecipient of federal funds and must comply with the Uniform Guidance at 2 CFR part 200, including DOL’s specific requirements at 2 CFR part 2900. The Agreement must include the information required by the Uniform Guidance at 2 CFR 200.331.
- The One-Stop Operator Agreement must include a provision that outlines how the Agreement may be modified or amended.
- Note that an amendment to the One-Stop Operator Agreement may be required if there are substantive regulatory and/or policy changes at the federal, state, and local level with the implementation of WIOA.
Oversight and Monitoring of the One-Stop Operator
Chapter: 1
Section: 7.8
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:01:23 PM
Version: 2
Status: Current
Tags: LWIBs,
Monitoring/Oversight,
One-Stop,
Governance
One-Stop Operator procurement must be conducted in accordance with the local procurement policies that are consistent with the procurement standards of the Uniform Guidance at 2 CFR 200.318 through 200.326.
- The LWIB must complete, sign and submit the One-Stop Operator Procurement Attestation along with other documentation outlined in the Attestation within thirty (30) days of the execution of the One-Stop Operator Agreement.
- Any LWIB that has awarded a One-Stop Operator Agreement must ensure that the process used complies with WIOA rules and regulations as well as the Uniform Administrative Requirements.
- If this process was not followed, the contract must be terminated and the process must be restarted in accordance with TEGL 15-16.
- WIOA requires the LWIB to conduct monitoring of its one-stop operator.
- When the local board is the one-stop operator, there is an inherent conflict of interest in that the local board cannot effectively monitor itself.
- In such circumstances, an outside entity must conduct the monitoring and report the monitoring results to the CEO.
- The State of Illinois will verify compliance to the oversight and monitoring requirements of the one-stop operator as part of the annual monitoring review.
Additional Procurements and Board Staffing of the One-Stop Operator
Chapter: 1
Section: 7.9
Effective Date: 12/15/2017
Expiration Date: Continuing
Revision Date: 1/3/2022 2:00:39 PM
Version: 2
Status: Current
Tags: LWIBs,
One-Stop,
Governance
Since the Uniform Guidance is applicable to all contracts with federal funds, the TEGL suggests the advice relating to the one-stop operator competitive process may be useful to consider when procuring other program activities or services, including selection of a fiscal agent, or procuring elements of the youth program, career services, and/or training services.
- LWIBs are encouraged to select providers of career services through a competitive procurement process, though WIOA law and proposed rules do not require this.
- LWIBs can provide basic and individualized career services by agreement of the local Chief Elected Official and Governor which can be obtained by submitting a Request for Approval – LWIB to Provide WIOA Career Services.
- WIOA further stipulates that LWIBs cannot provide training services unless the LWIB submits a written waiver request based on satisfactory and demonstrable evidence to the Governor to waive the limitation in Section 107(g)(1).
- The waiver request shall be made through submission of the Request for Approval – LWIB to Provide WIOA Adult and/or Dislocated Worker Training Services.
- WIOA specified that one-stop operators must be in place by July 1, 2017, but there is no similar deadline requirement for other roles such as staff to the LWIB.
- The U.S. Department of Labor Regional Office for our state has suggested the LWIBs should first define the roles of the one-stop operator and issue the RFP.
- RFPs should not be tailored based on the current or future functions of an applicant.
- This has the appearance of potentially influencing prospective bidders and setting up an unfair advantage to other potential entities wishing to apply.
- The LWIB or outside entity would need to ensure that appropriate firewalls and conflict of interest agreements are in place during the negotiation and selection phase of procurement.
- Since the one-stop operator should be procured and in place prior to determining staff to the LWIB, DOL has instructed the state to not address LWIB staffing questions during the procurement process time period.
- LWIB staffing policy will be issued at a later date.
One-Stop Center Certification
Chapter: 1
Section: 8
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 2/20/2024 11:18:38 AM
Version: 6
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
The Workforce Innovation and Opportunity Act (WIOA) requires State workforce development boards, in consultation with chief local elected officials and local workforce development boards, to establish objective criteria and procedures to certify local one-stop centers. This policy describes the requirements and procedures for evaluating and certifying one-stop centers in Illinois under WIOA.
The network of one-stop centers created under WIOA, branded nationally as the American Job Center (AJC) network, includes approximately 3,000 one-stop centers nationwide that provide central points of contact for job seekers and employers to access employment and training services. Six (6) core programs must be delivered through comprehensive one-stop centers: Title I Youth, Adult and Dislocated Worker, Title II Adult Education and Literacy, Title III Wagner-Peyser, and Title IV Vocational Rehabilitation. These partner programs, and other required partners identified in WIOA, ensure that employers and all job seekers have access to information and services that lead to positive educational and employment outcomes.
Illinois’ one-stop certification policy requires an evidence-based system of effective service delivery, physical and programmatic accessibility, and pursuit of continuous improvement opportunities. The certification process ensures that local workforce innovation boards (LWIBs) oversee the delivery of employment and training programs in their communities and support high levels of effectiveness and sustainability.
This process also requires assurance that implementation of the non-discrimination and Equal Opportunity provisions of WIOA Section 188 has been met through compliance with the Nondiscrimination Plan and completion of an Accessibility Report (ADA Facilities Monitoring Checklist) annually.
- LWIBs must certify all sites designated as comprehensive, affiliate, or specialized one-stop centers as defined under the One-Stop Delivery System Under WIOA section of the policy manual.
- LWIBs are encouraged to develop their own written one-stop certification procedures, consistent with Federal and State guidance, to ensure consistency and transparency in the local certification process.
- This policy should address the frequency of certification, a certification schedule, certification criteria, continuous improvement, and timelines for the review and/or revocation of certification and the appeals process.
- As part of the local one-stop certification process, noteworthy practices and improvement opportunities will be identified. This information will be compiled and shared as a continuous improvement resource to be made available to all one-stop centers.
One-Stop Evaluation and Certification Criteria
Chapter: 1
Section: 8.1
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:15:25 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- It is the responsibility of each Local Workforce Innovation Board (LWIB) to certify one-stops in each area, but it is the role of the Illinois Workforce Innovation Board (IWIB) to establish criteria and procedures for certification.
- In areas where the LWIB functions as the one-stop operator, the IWIB must certify the one-stop center to ensure that the process is conducted objectively.
- LWIBs, or the Illinois Workforce Innovation Board (IWIB) in those cases where LWIBs are the one-stop operator, must use the Application for Certification of One-Stop Centers approved by the IWIB to certify comprehensive one-stop centers.
- The IWIB, in consultation with Chief Local Elected Officials (CEOs) and LWIBs, must review and update the one-stop certification criteria contained in the Application for Certification of One-Stop Centers every two (2) years as part of the review and modification of the Workforce Innovation and Opportunity Act (WIOA) State Plan.
- All of the criteria must be assessed as “attained” and all indicators met for the certification team to recommend to the LWIB that the comprehensive one-stop center be certified.
- LWIBs may require additional evidence other than that provided in the application.
- A combination of desk review of documents and on-site observation shall be used by the Local Certification Teams.
- LWIBs may establish additional criteria and set higher standards for service coordination than those set by the State every two (2) years as part of the WIOA Local Plan update process.
- Additional criteria must be clearly identified in addendum to the Application for Certification of One-Stop Centers.
- Each time a local board reviews and updates the one-stop certification criteria and process, it must notify the IWIB in writing.
One-Stop Evaluation and Certification Frequency
Chapter: 1
Section: 8.2
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:16:41 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- Federal law requires that one-stop centers be evaluated and certified no less than once every three (3) years. The Local Workforce Innovation Boards (LWIBs) may choose to re-certify their one-stop centers more frequently.
- Each time an LWIB certifies a one-stop center, it must submit the completed Application for Certification of One-Stop Centers to the Illinois Workforce Innovation Board (IWIB) in accordance with procedures found within the Application.
- LWIBs, especially those with large numbers of one-stop centers, may consider staggering the center certifications.
- Center certifications would still be in effect for three (3) years; however, by staggering the certifications not all would be during the same time frame.
Types of One-Stop Centers
Chapter: 1
Section: 8.3
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 6/12/2020 2:07:27 PM
Version: 7
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- In addition to comprehensive one-stop centers, additional locations known as “affiliate” or “specialized” centers may also provide access to workforce system services.
- This could include centers serving targeted populations such as youth, dislocated workers, basic skills deficient individuals, English language learners, or specific industry sectors.
- Characteristics of the types of one-stop centers are defined in the One-Stop Delivery System Under WIOA section of the policy manual.
One-Stop Center Local Certification Teams
Chapter: 1
Section: 8.4
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:18:10 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- One-Stop Local Certification Teams shall be established by Local Workforce Innovation Boards (LWIBs) (or the Illinois Workforce Innovation Board (IWIB) when the LWIB is the one-stop operator) and are responsible for conducting independent and objective evaluations of one-stop centers and making certification recommendations to LWIBs (or the IWIB, as appropriate).
- Team members shall include the local board chair or designee and at least two (2) other individuals representing LWIB members, board staff, and/or local partners with specific expertise serving populations with barriers.
- At least one (1) team member must be an employer.
- Certification team members shall be free of conflicts of interest.
- Certification teams may utilize experts from the state level or outside of the local area to ensure evaluations are objective.
- They may also utilize local experts who represent targeted populations but have no financial ties with the one-stop center.
Certification Process for One-Stop Center if the Local Board is not the One-Stop Operator
Chapter: 1
Section: 8.5
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:22:46 PM
Version: 9
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- The one-stop certification process for one-stop centers consists of five (5) main steps.
- Step 1: One-Stop Operators Complete the Application for Certification of One-Stop Centers. The Application for Certification of One-Stop Centers will be completed by the one-stop operator and submitted to the Local Workforce Innovation Board (LWIB).
- Each criterion will be self-evaluated as to whether the one-stop center meets the requirements by checking “Attained” or “Not Attained”.
- The Local Certification Team will use the completed application during their review.
- Step 2: Convene Local Certification Team. The LWIB chair or designee will convene and lead a Local Certification Team to conduct an independent, objective evaluation of the one-stop center seeking certification.
- Step 3: Conduct Center Evaluation. The Local Certification Team will conduct the evaluation of the one-stop center. This process will include:
- Reviewing the completed Application for Certification of One-Stop Centers submitted by the one-stop center operator.
- Scheduling an on-site evaluation with a tour of the facility. The on-site review will include at a minimum:
- A walk-through of various parts of the center as a customer might experience the service delivery flow and referrals.
- Interviews with center staff including all system partners.
- Interviews with a sample of employer and job seeker customers.
- A review of the center’s general materials (e.g., outreach and orientation materials, media, and activities; workshop and meeting offerings; and center calendars, as appropriate).
- A review of the system’s facilities, layout, and infrastructure, with a goal of customer accessibility and customer flow.
- Any additional on-site review needed to determine whether the certification criteria and indicators have been met.
- Following the site visit, interviews, and final responses to any follow-up questions, the Local Certification Team will add their comments to the Application for Certification of One-Stop Centers and provide their certification recommendation in Section D, Local Certification Team Recommendation, indicating one (1) of four (4) outcomes:
- Recommends certification – all criteria and indicators have been met.
- Recommends provisional certification pending successful completion of an MOU.
- Recommends provisional certification pending implementation of specific improvements by specified dates.
- Does not recommend certification.
- Step 4: LWIB Action. The LWIB determines whether to accept the recommendation of the Local Certification Team through formal approval according to its bylaws.
- This may require a special convening of the Board or Executive Committee to meet the timelines suggested in paragraph 3 of the Timeline for One-Stop Certification section of this policy.
- If an existing comprehensive one-stop center is ultimately not certified as meeting all certification criteria or “for-cause,” the LWIB and one-stop operator must have a plan to ensure continuity of service until a center is certified.
- Step 5: LWIB Notifies IWIB of Certification Decision. The decision of the LWIB to accept or reject the recommendation of the Local Certification Team shall be reported to the IWIB, the local elected official(s), and the one-stop operator with a copy of the completed Application for Certification of One-Stop Centers.
- In the event of a provisional certification, improvements needed to meet the initial certification criteria and a timeline for completing those actions shall be provided.
- When the one-stop operator informs the local board chair in writing that all issues preventing certification have been resolved, the Local Certification Team must independently verify that the improvements have been made.
- The Application for Certification of One-Stop Centers shall be modified and resubmitted to the LWIB.
Certification Process for One-Stop Center if the Local Board is the One-Stop Operator
Chapter: 1
Section: 8.6
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:24:03 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- In circumstances where the Local Workforce Innovation Board (LWIB) is serving as the one-stop operator with approval from the Governor and local Chief Elected Official(s) CEO(s), the Illinois Workforce Innovation Board (IWIB) must certify the one-stop center(s) in that local area.
- LWIBs that serve as the one-stop operator must notify the IWIB electronically at wioaplan@illinoisworknet.com by 5:00 p.m. on March 20.
- An individual designated by the IWIB will convene a State Certification Team to conduct an independent, objective evaluation for each LWIB-operated one-stop center described in the Certification Process for One-Stop Center if the Local Board is not the One-Stop Operator section of this policy.
Review or Revocation of One-Stop Certification
Chapter: 1
Section: 8.7
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:27:16 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- A Local Workforce Innovation Board (LWIB) may review and/or revoke a one-stop center’s certification “for cause” as determined appropriate by the LWIB.
- Consideration may be given to the center’s integrity, compliance with public policy, the record of past performance, and financial and technical resources.
- If such a request is forthcoming:
- The LWIB must send a formal written notice of its concerns to the affected one-stop center operator.
- The one-stop operator will have the option of providing the LWIB with additional information that would clarify and substantiate the center’s certification status.
- Both the notice from the LWIB to the affected one-stop operator and the operator’s response to the LWIB must be sent by mail.
- The LWIB must inform the Illinois Workforce Innovation Board (IWIB) in writing of any change in the certification status of the one-stop center electronically at wioaplan@illinoisworknet.com.
- The IWIB may request that an LWIB review and/or consider revoking a one-stop center’s certification “for cause” using the same considerations described above. If such a request is forthcoming, the following steps must occur:
- The IWIB must send a formal written notice of its concerns to the affected LWIB.
- The LWIB will have the option of providing the IWIB with additional information that would clarify and substantiate the center(s) certification status.
- The LWIB’s response to the IWIB must be sent electronically to wioaplan@illinoisworknet.com.
Appeals Process for One-Stop Certification
Chapter: 1
Section: 8.8
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:36:17 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- A Local Workforce Innovation Board (LWIB) that denies or revokes one-stop center certification for which it sought approval must notify the one-stop operator of the center(s) in writing of its decision.
- The notice shall include the following information:
- The one-stop center(s) that are being denied or revoked certification;
- The reason(s) for the denial or revocation; and
- Opportunities the one-stop operator has to appeal the decision if the reason for revocation or denial of certification is the responsibility of the one-stop operator.
- The notice must be sent to the one-stop operator via mail with an electronic copy to wioaplan@illinoisworknet.com.
- The one-stop center may file an appeal with the LWIB.
- The appeal must include the following information:
- A statement that the one-stop operator is appealing the denial or revocation of its center(s) certification;
- The reason(s) the certification should be upheld;
- Contact information for additional information; and
- The signature of the Director or Administrator of the one-stop operator.
- The appeal must be submitted in writing and must be sent by mail no later than the twenty-first (21st) day from the date of receipt of the notice of denial or revocation.
- The LWIB, or a committee designated by the LWIB (separate from that which provided the initial certification decision), will review the request for appeal.
- If an administrative error was made or if additional information submitted by the one-stop operator changes the basis upon which the original decision to deny or revoke certification was issued, the decision may be reversed, and the center(s) awarded the appropriate certification status.
- If the LWIB reverses its decision, it will notify the one-stop operator of its action in writing and forward an electronic copy to wioaplan@illinoisworknet.com.
- If the LWIB does not reverse its decision to deny or revoke certification of a center(s), it shall notify the one-stop operator in writing by mail.
- The notice will include information about the opportunities for the one-stop operator to appeal its denial of certification and forward an electronic copy to wioaplan@illinoisworknet.com.
- Once a one-stop operator appeals the denial or revocation of certification to wioaplan@illinoisworknet.com on behalf of the Illinois Workforce Innovation Board (IWIB), the following steps will take place.
- The IWIB Certification Team will have thirty (30) days to complete its investigation into the matter, gather additional information from the affected LWIB and operator (such as the completed local appeal), and issue a final determination of certification.
- During this time, the IWIB Certification Team will convene a meeting with the affected parties if requested.
- This final determination will be forwarded to the one-stop operator and the LWIB in writing.
- If the IWIB overturns the decision of the LWIB, the center will be provided certification or provisional certification within seven (7) days.
- The IWIB will not make a final decision to overturn the decision of an LWIB without convening a meeting with all the affected parties.
Monitoring for One-Stop Certification
Chapter: 1
Section: 8.9
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:37:32 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- Monitoring of the one-stop certification process will be conducted as part of the ongoing programmatic, administrative, and fiscal monitoring required under the Workforce Innovation and Opportunity Act (WIOA).
Timeline for One-Stop Certification
Chapter: 1
Section: 8.10
Effective Date: 3/4/2020
Expiration Date: Continuing
Revision Date: 11/29/2023 3:44:54 PM
Version: 8
Status: Current
Tags: LWIBs,
One-Stop,
IWIB,
Governance
- Local Workforce Innovation Board (LWIBs) may begin the process of certifying their one-stop centers while negotiating their memorandum of understanding (MOU).
- However, the executed MOU must be in place before local boards can recommend certification.
- In instances where the certification process has been completed, and the LWIB would recommend certification, but the MOU has not been executed, the LWIB should indicate Recommends provisional certification pending successful completion of an MOU in the application.
- A suggested sequence of events and timeline to guide the local certification process is provided below. All applications for certification must be submitted electronically to wioaplan@illinoisworknet.com by 5:00 p.m. on June 30.
Action
|
Estimated Completion
|
Constitute Local Certification Team(s)
|
March 20 – May 15
|
Offer training of Local Certification Team members
|
March 20 – May 15
|
One-stop operator procurement, as applicable
|
April 1 – June 15
|
Conduct center(s) review
|
April 1 – May 31
|
One-stop operators complete Application for Certification of One-Stop Centers
|
April 7 – June 15
|
Team makes certification recommendation to LWIB
|
April 7 – June 15
|
Address needed improvements, as feasible
|
April 15 – June 15
|
Reconvene Local Certification Team, if needed
|
April 21 – June 15
|
Transmit certification recommendation to LWIB
|
April 21 – June 15
|
LWIB notifies IWIB of certification decision
|
June 30
|
IWIB sends official designation letter to LWIBs
|
July 1 – July 31
|
Memorandum of Understanding (MOU) Governor's Guidelines
Chapter: 1
Section: 9
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:56:58 PM
Version: 3
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
- This policy disseminates the memorandum of understanding (MOU) requirements. The MOU requirements that are included in the Workforce Innovation and Opportunity Act (WIOA) and final regulations are outlined in this policy and the Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services Under the Workforce Innovation and Opportunity Act (WIOA) of 2014 hereto referred to as the guidelines. (See the link on the References tab.)
- These guidelines fulfill the WIOA requirement that the Governor issue guidance to State and local partners for negotiating cost sharing, service access, service delivery and other matters essential to the establishment of effective local workforce development systems under WIOA.
- The guidelines apply to:
- All State-level agencies and entities in Illinois responsible for planning and administration of Federally-funded workforce development programs; and
- Local Workforce Innovation Boards (LWIBs), chief elected officials (CEOs) and required partners responsible for planning, administering and delivering workforce development services in a local workforce innovation area.
- All required partners, LWIBs and their chairs, and CEOs are expected to act in accordance with these guidelines. As required by WIOA, the State of Illinois will monitor local areas to assure compliance with these guidelines.
- Governor’s Guidelines supporting documents and other MOU development information can be found on Illinois workNet on the WIOA Implementation Documents and Updates page. (See the link on the References tab.)
Memorandum of Understanding Requirements
Chapter: 1
Section: 9.1
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 3:00:54 PM
Version: 3
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
- Each local workforce innovation board (LWIB) in Illinois will submit a Memoradum of Understanding (MOU) that reflects the shared vision and commitment of the board and required partners to establish and maintain high-quality workforce development systems and centers, consistent with the vision articulated in the Workforce Innovation and Opportunity Act (WIOA) and in State, regional and local planning priorities.
- The MOU must include at a minimum:
- A description of services to be provided through the one-stop delivery system, including the manner in which the services will be coordinated and delivered through the system;
- Agreement on funding the costs of the services and the operating costs of the system, including:
- Funding of infrastructure costs of one-stop centers in accordance with Sections 678.700 through 678.755; and
- Funding of the shared services and operating costs of the one-stop delivery system described in Section 678.760.
- Methods for referring individuals between the one-stop operators and partners for appropriate services and activities;
- Methods to ensure that the needs of workers, youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in providing access to services, including access to technology and materials that are available through the one-stop delivery system;
- The duration of the MOU and procedures for amending it; and
- Assurances that each MOU will be reviewed, and if substantial changes have occurred, renewed, not less than once every three (3)-year period to ensure appropriate funding and delivery of services.
Program Collaboration and Service Integration
Chapter: 1
Section: 9.2
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 3:03:22 PM
Version: 2
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
- Core principles of the Workforce Innovation and Opportunity Act (WIOA) emphasize a commitment to integration. This means that all Federally-funded programs authorized under WIOA collaborate to optimize the quality of services provided in all local workforce innovation areas throughout the State. To effectively collaborate, required partners in Illinois must commit to:
- Negotiate in good faith the commitments of each required partner to provide access to services and programs, as well as to share in the costs of the local one-stop delivery system;
- Share necessary data and customer information;
- Cross-train frontline staff of other required programs to learn about key program goals and eligibility criteria, improving the efficiency of referrals and providing the best customer experience with workforce services;
- Plan and act strategically based on a common understanding of regional economies, key sectors, workforce demographics and employer needs;
- Leverage program resources where possible to the mutual benefit of customers and programs; and
- Develop integrated service strategies, which reduce duplication of services and improve the customer experience.
Governor’s Guidelines Scope
Chapter: 1
Section: 9.3
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 3:04:55 PM
Version: 2
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
- These guidelines:
- Provide guidance and requirements for negotiating local memoranda of understandings (MOUs) that are required of each local workforce innovation area (LWIA) to support the operation of a local one-stop delivery system;
- Provide guidance related to negotiating annual one-stop operating budgets, including infrastructure costs and other agreed-upon local service delivery system costs;
- Prescribe timelines for major steps in the negotiation processes, for both MOUs and annual one-stop operating budgets;
- Provide guidance on other requirements of the Workforce Innovation and Opportunity Act (WIOA); and
- Provide resources to support required partners in negotiations.
Governor’s Guidelines Organization
Chapter: 1
Section: 9.4
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 1/10/2020 8:46:38 AM
Version: 1
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
SECTION 1
|
Negotiation of Local MOUs
|
SECTION 2
|
Annual Negotiation of Local Shared Costs
|
SECTION 3
|
Negotiation Outcomes (for MOUs and Annual Budgets)
|
SECTION 4
|
Waiver Process
|
SECTION 5
|
Annual Submission Requirements/Amendment Procedures
|
SECTION 6
|
Annual State-Level Review
|
SECTION 7
|
Periodic Reconciliation of Shared Costs
|
SECTION 8
|
Additional Annual Guidance
|
APPENDICES
|
A through L
|
MOU Development and Submittal
Chapter: 1
Section: 9.5
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 3:10:03 PM
Version: 2
Status: Current
Tags: MOU,
WIA/WIOA Transition/Implementation,
Governance
- The Memorandum of Understanding (MOU) must follow the format as laid out in the guidelines. The required items of content listed in the guidelines will be reviewed for quality and completeness to meet compliance requirements. MOUs must be submitted as instructed in the guidelines.
American Job Center Branding
Chapter: 1
Section: 10
Effective Date: 10/17/2016
Expiration Date: Continuing
Revision Date: 10/24/2018 12:08:01 PM
Version: 1
Status: Current
Tags: One-Stop,
WIA/WIOA Transition/Implementation,
Governance
For current policy on branding of the one-stop centers, please see the attached WIOA Notice.
Resource Room Utilization and Tracking
Chapter: 1
Section: 11
Effective Date: 5/14/2007
Expiration Date: Continuing
Revision Date: 6/11/2021 10:48:41 AM
Version: 1
Status: Current
Tags: Illinois workNet,
Performance,
Reporting,
Career Services,
Governance,
Services
The purpose of this policy is to transmit instructions for the collection, tracking and submittal of information on resource room utilization and provision of non-registered core services. To not only comply with the DOL mandate, but to address the earlier findings, the Illinois Department of Commerce and Economic Opportunity is implementing basic reporting requirements for self-service participants.
Illinois workNet Progress Report
Chapter: 1
Section: 11.1
Effective Date: 5/14/2007
Expiration Date: Continuing
Revision Date: 1/27/2017 2:54:53 PM
Version: 1
Status: Current
Tags: Illinois workNet,
Performance,
Reporting,
Career Services,
Services
- LWIAs who have implemented Illinois workNet® must provide a monthly status report to OET.
- Instructions for completion and submittal of the report will be provided by OET to those LWIAs utilizing Illinois workNet®.
Resource Room Tracking
Chapter: 1
Section: 11.2
Effective Date: 5/14/2007
Expiration Date: Continuing
Revision Date: 6/11/2021 10:52:06 AM
Version: 1
Status: Current
Tags: Illinois workNet,
Performance,
Reporting,
Career Services,
Services
-
Resource room utilization and universal core services received by each participant must be recorded in IWDS.
-
System log-on and data input to IWDS must be performed by the LWIA or partner-funded staff only (e.g., a resource room technician or case manager).
-
The system has been recently modified to collect DOL-ETA’s latest requirements for minimum data for self-service participants.
- Local Workforce Innovation Areas (LWIAs) must provide a listing of each resource room so that OET can establish them as distinct locations in IWDS. This is so that participant activity can be tracked by individual and associated with the distinct resource rooms.
- Staff user log-in of each resource room must be associated to the distinct resource room.
- The listing of Resource Rooms should be completed using the WIOA–Funded Resource Room Data form attachment.
- An updated version of the form detailing any changes to an existing Resource Room must be completed and a copy provided to OET within ten (10) business days of the changes.
- A new form must be completed and a copy provided to OET within ten (10) business days of the establishment of a new Resource Room.
- All forms should be mailed or electronically forwarded to the OET staff listed on the Contacts tab.
- LWIAs must either utilize the IWDS resource room tracking system or a third-party tracking system that posts to IWDS to track the participants. Instructions for each system are found in the Resource Room Tracking Instructions attachment.
Note: The IWDS resource room tracking system is the preferred method of tracking participants.
- For those LWIAs choosing to use a third-party tracking system, the following data entry procedures should be followed:
- The LWIA must follow the process outlined in their third-party system for collecting the data necessary to track and report participant activity.
- LWIAs must ensure that all participant data be requested within the third-party system. Data fields require a response and the default may not be “Prefer Not to Answer”. If a third party system is unable to collect all required data elements and/or provide a weekly data load to IWDS, the LWIA cannot use the system for Resource Room utilization tracking.
- The Interface Between Illinois Workforce Development System and Third Party Services Tracking Systems attachment provides the guidance for interfacing between the two systems.
- Data load from third-party tracking systems to IWDS must be made on at least a weekly basis.
- Participant data
- All data must be requested of any participant using the resource room, but is not required to be provided by the participant.
- The data to be requested includes:
- First Name;
- Last Name;
- Zip code of the home address;
- Social Security Number (SSN);
- Birth Date;
- Labor Force Status at contact;
- Hispanic;
- Race/Ethnicity; and
- Gender.
- Data elements must be entered in the IWDS system. Should the participant not provide the data, the LWIA must enter a response such as prefer not to answer in IWDS.
- Participant classifications – Each classification is based on the data provided by the individual.
- Basic self-service participant – only the following data is collected from the individual:
- First Name;
- Last Name; and
- Zip Code of the home address.
- Reported/non-registered self-service participant – the following data is collected from the individual:
- First Name;
- Last Name;
- Zip Code of the home address; and
- Social Security Number (SSN).
- WIOA participant – these individuals already have data recorded in the system for all nine items listed above (5.b.1-9) in support of a determination of eligibility for the program(s) under which they are served, as well as the applicable federal and state data collection requirements for registered customers.
- A flowchart is provided to illustrate how the various classifications are assigned. See the Resource Room Tracking Decision attachment.
- Only those Resource Room services to participants who provide an SSN can be included in Quarterly and Annual reporting to DOL-ETA. This is in accordance with the requirements in the TEGL listed on the References tab.
- To assist LWIAs in managing resource room utilization, IWDS has five (5) reports available for local review. These reports are found in the Resource Room Reports on the Attachments and Forms & Instructions tabs.
One-Stop Delivery System Under WIOA
Chapter: 1
Section: 12
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2022 11:55:30 AM
Version: 5
Status: Current
Tags: One-Stop,
Governance,
Services
Local Workforce Innovation Boards (LWIBs) must establish a one-stop delivery system to implement the operational requirements of the Workforce Innovation and Opportunity Act (WIOA). The vision for the one-stop delivery system is to align a wide range of publicly- or privately-funded education, employment, and training programs, while also providing high-quality customer service to all job seekers, workers, and businesses.
WIOA reinforces the partnerships and strategies necessary for one-stop centers to provide all job seekers and workers with high quality career, training, and supportive services needed to obtain and maintain good jobs. Such strategies help businesses find skilled workers and access other human resource assistance to meet their current workforce needs.
The management of the one-stop delivery system is the shared responsibility of States, LWIBs, chief elected officials (CEOs), core and required one-stop partners, one-stop operators, and service providers. The one-stop delivery system in Illinois includes six (6) core and ten (10) required programs as well as additional partners identified in WIOA under Section 121(b).
Illinois’ one-stop centers carry the dual brand as Illinois workNet® centers and the federal network of American Job Centers (AJCs). These centers are part of a single integrated system providing services in-person and via technology to business and individual customers.
This policy describes the various components of Illinois’ local one-stop delivery systems and considerations for designation by the local partners in developing a system to meet WIOA customer needs.
One-Stop Center Designation Process
Chapter: 1
Section: 12.1
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 5/19/2021 9:56:08 AM
Version: 2
Status: Current
Tags: One-Stop,
Governance,
Services
- In Illinois, development of the one-stop system is a collaborative and deliberative data-driven process occurring at the local level as part of regional and local planning.
- LWIBs must identify how the one-stop system in their local area will meet the needs of businesses and individuals, including:
- How the two types of service sites in Illinois, designated centers (comprehensive, affiliate, and specialized) and access sites, will carry out local planning objectives;
- Which services, programs, and activities will be available locally to meet customer needs; and
- The number and location of centers that will operate in the local area.
- The decision by the LWIB to designate centers shall occur only after consultation with representatives of the LWIB and CEOs, businesses, representatives of labor organizations, community-based organizations (CBOs), adult education providers, institutions of higher education, representatives of the four agencies, and other stakeholders.
- Factors to consider when determining designation of a site as a center include:
- How to best serve job seeker and employer customers based on their location and workforce needs (see the Attachments tab for Data for Consideration in Assessing the Need and Location of One-Stop Centers);
- Availability and proximity of existing WIOA programs, services, and activities;
- Availability of alternative space and utilization of existing holdings; and
- Infrastructure and other costs, and the ability of participating partners to share in those costs.
- Potential benefits associated with center designation include:
- Providing better access and service to customers, particularly populations with multiple barriers to employment and in-demand careers;
- Establishing greater quality control and consistency through the certification process;
- Enhanced brand recognition and coordinated marketing associated with Illinois workNet and the AJC network; and
- Assisting the LWIB and one-stop partners in negotiating partner service levels and allocation of resources in the Memorandum of Understanding (MOU).
- Identification of comprehensive, affiliate, or specialized one-stop centers and access sites must occur through good faith partner negotiations at the local level and incorporated into the MOU.
- The obligations of the partner programs are to participate in the operation of the one-stop delivery system and provide access to their programs through the comprehensive one-stop centers.
- LWIBs may not require partner programs to participate in affiliate or specialized centers.
- Provision of services, programs, and activities, either in-person or through direct linkage, at centers other than comprehensive is a decision of each partner program.
- If resources and/or other factors suggest that service provision is not feasible at a center, the LWIB must negotiate with the partners to identify how customers will receive needed services.
- Only one-stop partners that participate in the affiliate centers by providing access to programs, services, and activities through a direct linkage or physical presence must contribute to the infrastructure costs for those centers.
- The financial contributions of one-stop partners through a direct linkage will be different than those one-stop partners with a physical presence, regardless of the type of center.
- Comprehensive, affiliate, or specialized centers, and all other locations supported solely or in part by federal funding, regardless of designation status, must meet the following conditions:
- Be physically and programmatically accessible to all individuals;
- Achieve certification at least once every three (3) years for designated Illinois workNet centers only;
- Include the program staff’s physical presence and operating budget in the local partner MOU negotiations within the parameters of the federal regulations;
- Display appropriate signage identifying the center as part of the Illinois workNet and American Job Center networks; and
- Be documented by the LWIB in the MOUs and describe the components of their one-stop delivery system; the process used to designate comprehensive, affiliate, and specialized centers; and the process used to identify access sites.
- The Requirements Associated with One-Stop Centers and Access Sites attachment summarizes the requirements associated with the three types of one-stop centers and access sites. (See the Attachments tab.)
Comprehensive Centers
Chapter: 1
Section: 12.2
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 5/19/2021 10:03:26 AM
Version: 1
Status: Current
Tags: One-Stop,
Governance,
Services
- Each one-stop delivery system must include at least one (1) designated comprehensive center where job seekers and employer customers can access the programs, services, and activities of all required one-stop partners (Section 121(b)(l)(B) of WIOA), along with any additional partners as determined by the LWIB. Additionally, a comprehensive one-stop center must:
- Have at least one (1) WIOA Title I staff person physically present;
- Provide the career services listed in 20 CFR 678.430, 34 CFR 361.430, and 34 CFR 463.430;
- Provide access to training services described in 20 CFR 680.200;
- Provide access to any employment and training activities carried out under Section 134(d) of WIOA;
- Provide access to programs and activities carried out by one-stop partners listed in 20 CFR 678.400 through 678.410, 34 CFR 361.400 through 361.410, and 34 CFR 463.400 through 463.410, including the Wagner-Peyser Act Employment Services (ES) program; and
- Make available workforce and labor market information.
- Customers must have access to these programs, services, and activities during regular business days and hours. The LWIB may establish other service days and hours to accommodate individuals unable to access the one-stop center during regular business hours.
- One-stop partner programs may deliver career services at a comprehensive one-stop in one (1) of three (3) ways:
- By a program staff member physically present at the one-stop center;
- By a staff member from a different partner program physically present and appropriately trained to provide information to customers about the resources available through all partner programs; or
- By using technology to provide a direct linkage to a program staff member who can provide meaningful information or services. The Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services details Illinois’ requirements concerning direct linkage under WIOA.
Affiliate Centers
Chapter: 1
Section: 12.3
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 5/19/2021 10:06:41 AM
Version: 1
Status: Current
Tags: One-Stop,
Governance,
Services
- LWIBs, in consultation with their agency partners and one-stop operator(s), also may choose to designate affiliate centers as part of their one-stop system.
- Affiliate centers make available to job seeker and employer customers one or more of the one-stop partners’ programs, services, and activities.
- The exception to this are Wagner-Peyser employment services provided by the Illinois Department of Employment Security, which may not serve as a stand-alone affiliate center and must be co-located with at least one (1) or more other partners with the physical presence of combined staff more than fifty percent (50%) of the time the center is open.
- Local veterans’ employment, disabled veterans’ outreach, or unemployment compensation programs may not count toward the combined staff presence calculation.
- The frequency of program staff’s physical presence in the affiliated site must be established through partner MOU negotiations at the local level, within the parameters of the federal regulations at 20 CFR 678.310 through 678.320, 34 CFR 361.310 through 361.320, and 34 CFR 463.310 through 463.320.
Specialized Centers
Chapter: 1
Section: 12.4
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 3/25/2021 11:13:55 AM
Version: 1
Status: Current
Tags: One-Stop,
Governance,
Services
- LWIBs may designate a specialized center to meet the needs of a specific population, such as youth, veterans, or individuals with disabilities; key industry sectors or clusters; or a specific group of dislocated workers affected by a regional layoff.
- Specialized centers need not provide access to every required partner, but should be knowledgeable about, and prepared to make referrals to, partners in the comprehensive or affiliate one-stop centers.
- As described in the Affiliate Centers section of this policy, Wagner-Peyser employment services cannot stand alone in a specialized center and must include other programs besides Wagner-Peyser Act employment services, local veterans’ employment representatives, disabled veterans’ outreach program specialists, and unemployment compensation.
- Specialized centers must connect, physically or technologically, to a comprehensive center and any appropriate affiliate centers.
- Partner services provided through specialized one-stop centers must be determined by partner negotiations at the local level and incorporated into the MOU.
Access Sites
Chapter: 1
Section: 12.5
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 5/27/2021 10:01:22 AM
Version: 1
Status: Current
Tags: One-Stop,
Governance,
Services
- LWIBs, in consultation with the WIOA partner agencies, may determine that their local one-stop network include additional sites that provide access to one (1) or more partner services, but are not designated as a center. These “access sites” must link, physically or technologically, to the comprehensive one-stop center and any appropriate affiliate one-stop centers.
- This linkage may occur, for example, through referral processes to these centers and the partner programs located in them.
- Access sites provide customers with information on the availability of career services and other program services and activities, regardless of where they initially enter the public workforce system in the local area.
- Access sites providing services by WIOA partner program staff must display appropriate signage identifying the site as part of the Illinois workNet and American Job Center networks. WIOA regulations require that the common identifier or tagline be used on "all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system," which includes signage and materials printed, purchased, or created by the one-stop delivery system. Resource room materials distributed to customers not printed, purchased, or created by the one-stop delivery system do not need to contain the common identifier or the tagline.
- Access sites that are part of the one-stop delivery system do not need to be included in operating costs in the MOU nor do they need to go through the certification process.
Other Sites
Chapter: 1
Section: 12.6
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 7/19/2018 12:13:57 PM
Version: 1
Status: Current
Tags: One-Stop,
Governance,
Services
- In addition to the three types of designated centers and access sites that may be included in the local one-stop delivery system, WIOA customers may also avail themselves of other workforce, education, training, and support services in their areas.
- Because these “other sites” do not offer services, programs, or activities by a WIOA partner agency or receive WIOA funding, they may not display signage identifying the site as part of the Illinois workNet or American Job Center network.
- Other sites do not need to be included in operating costs in the MOU nor do they need to go through the certification process.
One-Stop Center Listing in Illinois workNet Service Finder
Chapter: 1
Section: 12.7
Effective Date: 3/25/2021
Expiration Date: Continuing
Revision Date: 5/19/2021 10:17:45 AM
Version: 2
Status: Current
Tags: One-Stop,
Governance,
Services
- There are several resources available to assist workers, employers, and workforce professionals in achieving their career, employment, and training goals in Illinois. Local and statewide organizations can utilize the Illinois workNet (IwN) Service Finder Tool to enhance their outreach efforts and ensure communities can easily connect to available services.
- LWIBs must ensure that all local service locations are accurately listed in the Illinois workNet Service Finder Tool which collects information such as the services available to both individuals and businesses, hours of operation, referrals, social media links, location contacts, and site designation type.
- Any updates to existing sites and new locations must be entered into the Illinois workNet Service Finder Tool within ten (10) days.
- Sites designated as Comprehensive, Affiliate, or Specialized centers as noted in this section of the policy are subject to inclusion in the One-Stop Memorandum of Understanding (MOU) and as part of shared infrastructure funding and be certified as a one-stop under the One-Stop Center Certification section of the policy manual. It is, therefore, essential to ensure locations have the proper designations.
- Non-compliance with updating the Service Finder may result in an audit finding during monitoring visits.
One-Stop Center Technical Assistance
Chapter: 1
Section: 12.8
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 12/6/2023 8:40:18 AM
Version: 2
Status: Current
Tags: One-Stop,
Governance,
Services
Technical assistance to assist LWIBs in implementing this policy will be available upon request to the Illinois Workforce Innovation Board. IWIB staff will coordinate the provision of technical assistance with the WIOA Interagency Team.
Service Integration
Chapter: 1
Section: 13
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:48:19 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- The Service Integration policy provides requirements for the Illinois workforce system to achieve a customer-centered service delivery approach that enhances customer experiences. This policy sets forth the vision for what service integration looks like. Each section sets out a vision and specific goals that the Illinois Workforce Innovation Board (IWIB) expects all partners to work towards. The IWIB understands that not all partners can operate in the same way at all times and that there can be resource challenges. The State expects all partners to work collaboratively towards this policy's goals.
- Programs in the workforce system refer to those we serve in various ways, such as clients, participants, students, customers, employers, businesses, etc. For the purpose of this Service Integration Policy, we use the term customer throughout.
Service Integration Overview
Chapter: 1
Section: 13.1
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:48:51 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- Summary
- Illinois’s Service Integration Policy focuses on improving customer service by building strong partnerships to share resources and expertise across the workforce, education, and social services systems. This policy applies to the Workforce Innovation and Opportunity Act (WIOA) Core and Required Partners network in Illinois.
- Background
- The WIOA is a critical driver in transforming how workforce development programs can offer integrated service delivery. This integrated service delivery operates through a network of one-stop centers and partner organizations branded as the American Job Center (AJC) network. One-Stop Centers, referred to in Illinois as Illinois workNet Center/partner of AJC, provide central contact points for job seekers and businesses to access employment and training services.
- Six core programs deliver these services: Title I Youth, Adult, and Dislocated Worker; Title II Adult Education and Literacy; Title III Wagner-Peyser; and Title IV Vocational Rehabilitation. Additionally, WIOA requires twelve (12) partner programs to provide access through the one-stops:
- Career and Technical Education (Perkins)
- Community Services Block Grant
- Indian and Native American Programs
- HUD Employment and Training Programs
- Job Corps
- Local Veterans Employment Representatives and Disabled Veterans’ Outreach Program
- National Farmworker Jobs Program
- Senior Community Service Employment Program
- Temporary Assistance for Needy Families (TANF)
- Trade Adjustment Assistance Programs
- Unemployment Compensation Programs
- YouthBuild
- Local boards may include additional partners in one-stop centers such as employment and training programs operated by other federal agencies (e.g., the Social Security Administration and Small Business Administration), local employers, community-based organizations, faith-based organizations, and/or not-for-profit programs.
- Effective planning and coordination among these workforce development programs are needed to maximize their value and benefits to business and job-seeking customers. The foundation of this policy is building relationships and consistent and ongoing communication among partners to align service delivery in a cohesive way to achieve greater outcomes for employers and job seekers.
- The State recognizes and acknowledges that at the core of this system are federal programs with specific regulations. As outlined, State-level partners are responsible for helping to understand and implement these programs.
- Vision Statement
- Service Integration connects people with resources within and outside the workforce development system. Customers of the local workforce system are supported with integrated services as core and required partners, and other community partners work together to continuously improve service delivery through policy and data-driven decisions to assist individuals in meeting their training and employment goals. These partnerships will value customers, equity, and the law.
- This policy builds on the existing guidance and support for service integration within the Illinois workforce ecosystem.
- The Unified State Plan sets the vision, goals, and strategies for the workforce system in Illinois.
- The Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services under WIOA guides how one-stops coordinate and jointly use WIOA resources.
- The IWIB has embedded service integration expectations in key planning and policy documents, including the Unified State Plan and the IWIB’s strategic plan.
- The IWIB’s Certification of One-Stop Centers policy guides certification of One-Stop Centers.
- The Career Pathways Dictionary provides a framework for the definition of career pathways in Illinois developed by workforce, education, and other stakeholders.
- The IWIB’s definition of equity is the lens the State will evaluate equitable service delivery. “The State, quality, or ideal of being just, impartial, and fair. The concept of equity is synonymous with fairness and justice. To be achieved and sustained, equity needs to be thought of as a structural and systemic concept.” Source: The Annie E. Casey Foundation
Service Integration Definition
Chapter: 1
Section: 13.2
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:49:05 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- The Illinois Workforce Development Board (IWIB) defines service integration as a combination of strategies to align and simplify access to one-stop center services and supports for employers, job seekers, and system customers with the goal of providing the best experience possible. Service integration may occur across entities delivering specific services or programs, across time as customer needs change, or both.
Service Integration Goals and Outcomes
Chapter: 1
Section: 13.3
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:49:22 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- Seven (7) service integration functions are the focus of Illinois’ one-stop centers: customer-centered design, staff, intake and assessment, services, career pathways, information, and evaluation. Goals, outcomes, and applications for each function are listed below and represent a long-term, high-level vision for one-stop service integration in Illinois. Operationalizing these goals will occur locally through the WIOA planning, one-stop certification, and MOU negotiation processes.
Service Integration Policy Vision, Outcomes and Application
Chapter: 1
Section: 13.4
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:49:38 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- Customer-Centered Design Goal.
- Vision for Customer-Centered Design Goal: Workforce partners use the IWIB Equity Lens to center the customers’ needs, goals, and challenges in designing and delivering services. Customers are respected, heard, and responded to.
- Outcomes for Customer-Centered Design Goal: Every customer can find efficient and streamlined workforce services that meet their needs, goals, and challenges regardless of their entry point.
- Application of the Customer-Centered Design Goal for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- Customer input is collected on an ongoing basis from local users (including One Stop walk-in customers, enrolled participants, and employers) and, at a minimum, evaluated annually by partners.
- Customer input gathered from local users is used to evaluate and improve technologies, programs, services, interactions, accessibility, and environments within the local area. Based on customer input, local partners will propose improvements and a timeline for implementation.
- The LWIB will set the expectation for the One Stop Operator to manage service integration initiatives in the OSO scope of work. The OSO will report to the LWIB on service integration initiatives, timelines, and progress.
- Partner staff will provide system users access to other options for feedback outside of an annual input process and be made aware of complaints procedures and appeal rights. WIOA partners will not retaliate against users who provide negative feedback, complaints, or make appeals.
- Partner Staff Goals.
- Vision for Partner Staff Goals: All partner staff have up-to-date information and receive ongoing training on available services, customer eligibility, and service integration strategies, and are supported by all partners.
- Outcomes for Partner Staff Goals: Partner staff understand the goals of integrated service delivery and reinforce that framework through their daily work activities.
- Application of the Partner Staff Goals for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- Cross-training and program information resources addressing the roles, services, performance expectations, and eligibility requirements of all WIOA partner programs are provided for all partner staff, including information and encouragement in acquiring professional credentials.
- Communication across partners is consistent, comprehensive, and timely.
- All partner staff receives current and relevant professional development to service integration goals.
- All partner staff are treated as valued and respected team members.
- Intake and Assessment Goals.
- Vision for Intake and Assessment Goals: Partners will work to eliminate duplicative processes and increase informed customer choice while protecting confidentiality.
- Outcome for Intake and Assessment Goals: Customer needs are promptly, accurately, and thoroughly identified so that partners can respond efficiently and collaboratively.
- Application of the Intake and Assessment Goal for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- Customers provide basic information once through a collaborative intake process or information-sharing across programs.
- During intake, customers are provided an overview of partner services, eligibility, and suitability requirements by appropriate partner staff.
- An open dialogue during intake and a comprehensive assessment(s) between partner staff and customers leads to informed choice and becomes the foundation of a service plan.
- If partners use different assessments for the same purpose, they must designate a single assessment to the extent possible.
- Partners inform and support customers throughout the process to secure the documents and verification needed for program participation.
- Partners will review and apply asset-based and barrier-reduction practices to intake and assessment processes while using best practices to protect customer confidentiality and reduce stigmas of accessing public services.
- Service Goals.
- Vision for Service Goals: The partners meet jobseekers’ employment, education, and training needs through communication, assessments, referrals, and resources that occur through relationships with frontline staff.
- Outcomes for Service Goals: The outcome of these goals is that all customers have access to quality integrated services that meet their needs efficiently and seamlessly. Frontline staff are empowered to meet service integration goals and have the support they need to meet these goals through ongoing professional development and training.
- Application of the Service Goals for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- WIOA partners support service integration by identifying and empowering a leader from each title who will engage in ongoing communication and relationship building.
- WIOA partners must be familiar with WIOA eligibility and suitability and are responsible for ensuring appropriate referrals and referral outcomes, working effectively to leverage partner resources for the benefit of customers, including training and directing applicable staff.
- Consider the customer’s experience and the processes involved during service delivery, such as referrals and their outcomes. Necessary assessments should be reviewed, streamlined, and coordinated through continuous collaboration with partners. Collaboration among partners should ensure the alignment of these assessments.
- Individual service plans and goal statements are used to provide and coordinate services and guide follow-up. These plans are continuously updated to respond to changing customer needs and evaluated for referral opportunities on an ongoing basis.
- Customers receive timely and coordinated access to all WIOA employer and job seeker services, whether on-site, through technology, at a partner site, or by other appropriate and accessible community services.
- Career Pathways Goal.
- Vision for Career Pathways Goals: Integrated services are shaped through the lens of career pathways defined by the State.
- Outcomes for Career Pathways Goals: A shared philosophy among education, workforce development, employers, and economic development regarding college and career pathways aims to enable Illinois residents to progressively build toward college and career success through aligned education and training, which may include stackable credentials leading to sustainable employment opportunities.
- Application of the Career Pathways Goals for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- The workforce development system will create strong partnerships with community programs to streamline services and provide funding for the wrap-around support needed for career pathways.
- Service integration will seek employer input to ensure that pathways investments align with the needs of employers and prioritize career pathways that align with future employer demands.
- Current and timely labor market information informs career planning and sector-based initiatives.
- Information Goals.
- Vision for Information Goals: Partners continually use a range of information gathered to make informed decisions and improve integrated services to provide excellent customer service.
- Outcome for Information Goals: Decisions are made utilizing all available information and data collected, including but not limited to customer feedback, labor market research, program performance, and evaluations.
- Application of the Information Goals for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- All partners will share information on a continual basis.
- All partners share national and state policies, procedures, and guidance with each other and use this information to make local decisions.
- The design and delivery of workforce services are guided by current and timely labor market information.
- One-Stop Operators will facilitate ongoing, consistent communication among local partners.
- Customer information will be shared, as appropriate and feasible, with all partner programs and services following confidentiality requirements.
- Partners will inform customers of their Appeal Rights.
- Evaluation Goal.
- Vision for Evaluation Goal: State and local workforce board expectations drive the evaluation of one-stop performance, operations, and compliance for service integration.
- Outcome of Evaluation Goals: The outcome of this goal is that Partners evaluate local service integration efforts regularly to identify and implement continuous improvement opportunities.
- Application of the Evaluation Goals for all Stakeholders, such as State and Local Partners, Local Workforce Innovation Boards (LWIB), and One-Stop Operators (OSO) as applicable:
- Partners must create and use customer satisfaction tools, analyzing the feedback on a continual basis.
- Partners must conduct an evaluation using The IWIB Evaluation Toolkit to assess local service integration efforts and create evidence-based policymaking and system design.
Service Integration Implementation
Chapter: 1
Section: 13.5
Effective Date: 1/1/2019
Expiration Date: Continuing
Revision Date: 11/29/2023 2:49:58 PM
Version: 2
Status: Current
Tags: LWIBs,
MOU,
One-Stop,
Training,
Supportive Services,
Career Services,
Service Integration,
Governance
- The Illinois Workforce Innovation Board (IWIB) will regularly update the State’s one-stop certification criteria and evidence measures to reflect current service integration goals. Each LWIB will be responsible for assessing the level of service integration in all seven functional areas for the local one-stop system, which includes all one-stop center(s) it oversees. One-Stop Operators will lead partners in an annual service integration self-assessment (attached) to evaluate progress, identify improvement targets, and align with other deadlines as appropriate, such as MOU guidance.
- Each LWIB will be responsible for assessing the level of service integration in all seven functional areas for the local one-stop system, which includes all one-stop center(s) it oversees. This assessment requires annual updates to evaluate progress and identify improvement targets. A self-assessment tool is available as an attachment to the policy for use by LWIBs.
- If any local partner cannot fulfill the provisions of this policy, the matter will first be taken to the appropriate State partner(s).
- If a resolution is unsuccessful at that level, the local board will attempt to resolve the matter.
- If this is unsuccessful, relevant procedures established by the State Interagency Technical Assistance Team and/or State Leadership Team will be pursued, followed by consultation with the IWIB and Governor’s Office.
- A complete One Stop Certification and self-assessment must be on file and must describe how the results were used to improve service integration efforts.
Planning
Chapter: 2
Section: Effective Date: 5/5/2016
Expiration Date: Continuing
Revision Date: 7/23/2021 2:16:00 PM
Version: 1
Status: Current
Tags: Local Plan,
Planning
PurposeUnder the Workforce Innovation and Opportunity Act of 2014 (WIOA), a new feature of the law is the implementation of workforce regions and creation of regional plans based on economic data. In Illinois these are referred to as Economic Development Regions. This new approach of serving regional economies better aligns with how industries recruit and people commute for work across local area boundaries. In some cases industry sectors or special initiatives are more effective when several workforce areas leverage their strengths and coordinate appropriate services.
Local Workforce Innovation Boards (LWIBs) are required to develop four (4)-year plans that detail strategies as well as the supporting policy and procedures for addressing both regional and local planning requirements described in the law. These plans must support the strategies and be consistent with those described in the State Plan.
As required by WIOA, the Governor must establish and disseminate to policy for the submission of regional and local plans. Chapter 2 provides the policy for regional and local planning based on the requirements in Section 108 of the Act and 20 CFR Section 679 of the WIOA Final Rule.
Regional and Local Planning Requirements
Chapter: 2
Section: 1
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 6/14/2021 9:15:15 AM
Version: 2
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
- This policy disseminates the regional and local planning requirements. The planning requirements that are included in the Workforce Innovation and Opportunity Act (WIOA) and final regulations are outlined in this policy and the State of Illinois Regional and Local Planning Guide hereto referred to as the Planning Guide. (See the link on the References tab.)
- Each local workforce innovation area in Illinois will submit a plan that includes the regional planning components (developed by the regional planning team) and local planning components (developed by the local workforce innovation area (LWIA)) as required by the U.S. Departments of Labor and Education.
- According to the WIOA final rule, a regional plan is required to meet the purpose of developing, aligning, and integrating service delivery strategies; supporting the state’s vision and strategic and operational goals; and to coordinate resources among multiple LWIAs in a region. This approach is intended to align resources between multiple local workforce innovation boards. WIOA requires the local workforce innovation board, in partnership with the chief elected official(s), to submit a local plan to the Governor.
- The local plan serves as a four (4)-year action plan to develop, align, and integrate service delivery strategies and to support the state’s vision and strategic and operational goals.
- The Planning Guide and the information requirements are based on the latest regulatory information available at the time of publication. Additional information may be required based on any new federal or state regulations that are issued after the release of the Planning Guide.
State of Illinois Workforce Vision and Principles
Chapter: 2
Section: 1.1
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:18:22 PM
Version: 3
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
- The Workforce Innovation and Opportunity Act (WIOA) requires the state, regional and local workforce plans to be developed in concert with the core and required partners and stakeholders. Illinois’ planning process begins with the state’s vision and guiding principles as approved by the Illinois Workforce Innovation Board (IWIB) comprised of business, workforce, education, and state agency officials.
- The State’s strategic vision and goals for developing its workforce and meeting employer needs to support economic growth and economic self-sufficiency are outlined in the Unified State Plan in addition to the Planning Guide.
Program Coordination and Service Integration
Chapter: 2
Section: 1.2
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:18:09 PM
Version: 3
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
- The State of Illinois is committed to the integration of the core and required partner programs throughout the workforce system. The planning process must be informed by the service integration activities outlined in the Service Integration section of the policy manual. The policy defines service integration as a combination of strategies to align and simplify access to one‐stop center services and supports for employers, job seekers and system customers with the goal of providing the best experience possible. Service integration may occur across entities delivering specific services or programs, across time as customer needs change, or both.
- The Planning Guide emphasizes that regions and local areas must demonstrate their commitment to service integration by providing specific plans and actions for working toward alignment, as well as any challenges to aligning the plans and activities within each region and local area. As the planning process evolves, regions and local areas must demonstrate the alignment with the strategic plans of other required partners and be sure to integrate other relevant parts when applicable. Local planning must also align with the community colleges’ Perkins Career and Technical Education (CTE) Four (4)-Year Plan. Local Workforce Innovation Boards (LWIBs) and Adult Education providers are required to be consulted through the completion of the Comprehensive Local Needs Assessment and the Perkins Local Application.
Illinois Planning Regions
Chapter: 2
Section: 1.3
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:17:58 PM
Version: 2
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
- The Workforce Innovation and Opportunity Act (WIOA) Section 106 requires the Governor to identify “planning regions” to align workforce development activities and resources with larger regional economic development areas. After an analysis of the labor market information and other data factors, the state has determined that the WIOA planning regions align with the existing ten Economic Development Regions (EDRs) which are identified in the Planning Guide.
- In accordance with WIOA Section 106(a)(2), a single local workforce innovation area (LWIA) may not be split across two planning regions. Local areas must be contiguous to be a planning region and effectively align economic and workforce development activities and resources.
- There are three LWIAs in Illinois that are split across state planning regions. A waiver from this requirement was approved by the USDOL through June 30, 2024. Further discussion on the waiver can be found in the Unified State Plan in addition to the Planning Guide.
- The State of Illinois recognizes that the realignment of an LWIA requires a significant amount of planning and effort at the state and local levels. Technical assistance is available to LWIAs that voluntarily choose to realign programs, consolidate activities and/or merge LWIAs.
Regional and Local Plan Organization
Chapter: 2
Section: 1.4
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:17:44 PM
Version: 2
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
- All local workforce innovation areas (LWIAs) in Illinois must submit a plan that includes both the regional and local planning components outlined in the Planning Guide. For example, the Southern Illinois Plan will include the regional components (Chapters 1-3) and the local components (Chapters 4-6) from LWIA 25, and the local components (Chapters 4-6) from LWIA 26.
- For purposes of regional and local plan compliance, it is expected that regional and local plans will follow the format of the Planning Guide beginning with the chapter headings and address each item of required content.
- Regional Components
- Chapter 1 – Economic and Workforce Analysis
- Chapter 2 – Strategies for Service Integration
- Chapter 3 – Vision, Goals and Implementation Strategies
- Local Components
- Chapter 4 – Operating Systems and Policies
- Chapter 5 – Performance Goals and Evaluation
- Chapter 6 – Technical Requirements and Assurances
Regional and Local Plan Review and Public Comment
Chapter: 2
Section: 1.5
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:17:29 PM
Version: 2
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
The plan (including the regional and local components) must be made available for viewing and public comment for thirty (30) days before submission to the Governor per Section 679.550(b)(3). Any comments expressing disagreement with the plan must be included when the plan is submitted.
Regional and Local Plan Submittal
Chapter: 2
Section: 1.6
Effective Date: 1/10/2020
Expiration Date: Continuing
Revision Date: 11/16/2023 2:17:10 PM
Version: 2
Status: Current
Tags: Local Plan,
WIA/WIOA Transition/Implementation,
Planning
The regional and local components of the plan must follow the chapter format as laid out in the Planning Guide. The required items of content listed in the Planning Guide will be reviewed for quality and completeness to meet compliance requirements. Plans must be submitted as instructed in the Planning Guide.
Performance Accountability and Reporting
Chapter: 3
Section: Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/3/2021 12:17:16 PM
Version: 2
Status: Current
Tags: Performance,
Reporting
PurposeChapter 3 policies provide guidance on the primary indicators of performance, state and local negotiations to establish performance goals, adjusted levels of performance, incentives and sanctions, and evaluation of performance as required by Section 116 of the Act and 20 CFR Part 677 of the Workforce Innovation and Opportunity Act (WIOA) Final Joint Rule for the WIOA Title IB Adult, Dislocated Worker, and Youth programs. Throughout this chapter, information and references are also provided on procedures and requirements for use of system(s) of record and performance reporting.
Key provisions in WIOA are designed to improve accountability and transparency, create strong performance metrics to the system, and provide for a robust program evaluation ensuring investments are evidence-based and data-driven.
WIOA establishes core measures for reporting participant outcomes in the Title IB (Adult, Dislocated Worker, and Youth), Title II (Adult Education), Title III (Employment Services/Wagner-Peyser), and Title IV (Vocational Rehabilitation) programs. These performance measures will take into account differences in the populations served to remove any disincentives to serving those who need the most help. In addition, the Governor and the Illinois Workforce Innovation Board (IWIB) may include additional measures to assess the overall effectiveness of the state and local areas.
Primary Indicators of Performance
Chapter: 3
Section: 1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/3/2021 4:21:46 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
The Workforce Innovation and Opportunity Act (WIOA) establishes core performance measures for Title IB, Title II, Title III, and Title IV. WIOA performance measures are designed to assess the effectiveness and continuous improvement of the One-Stop delivery systems in achieving positive outcomes for individuals served by those programs.
- The following primary indicators of performance apply to the workforce services administered through the WIOA Title IB Adult, Dislocated Worker, and Youth programs, Employment Services authorized by the Wagner-Peyser (W-P) Act, the Adult Education activities carried out under the Adult Education and Family Literacy Act (AEFLA), and the Vocational Rehabilitation services authorized by Title I of the Rehabilitation Act.
- Employment Rate – Second (2nd) Quarter after Exit
- Title IB Adult and Dislocated Worker Employment Rate – Second (2nd) Quarter after Exit
- Title IB Youth Employment Rate, or Education or Training Rate – Second (2nd) Quarter after Exit
- Employment Rate – Fourth (4th) Quarter after Exit
- Title IB Adult and Dislocated Worker Employment Rate – Fourth (4th) Quarter after Exit
- Title IB Youth Employment Rate, or Education or Training Rate – Fourth (4th) Quarter after Exit
- Median Earnings – Second (2nd) Quarter after Exit
- Credential Attainment
- Measurable Skill Gains
- Effectiveness in Serving Employers
- Each indicator is defined and methodology identified for calculating each measure along with operational parameters for determining the participant population(s) in the next sections of this policy.
Employment Rate – Second (2nd) Quarter after Exit
Chapter: 3
Section: 1.1
Effective Date: 7/6/2012
Expiration Date: Continuing
Revision Date: 11/3/2021 4:36:37 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Training,
Youth
- Title IB Adult and Dislocated Worker Employment Rate – Second (2nd) Quarter After Exit
- Defined as the percentage of program participants who are in unsubsidized employment during the second (2nd) quarter after exit from the program.
- Methodology for calculating outcomes includes all program participants, except those participating in the Title IB Youth program, who are exited from the program.
- The number of participants who exited during the reporting period who are found to be employed, either through direct Unemployment Insurance (UI) wage record match, Federal or military employment records, or supplemental wage information, in the second (2nd) quarter after the exit quarter (the Numerator) DIVIDED by the number of participants who exited during the reporting period (the Denominator).
- Operational parameters for calculating levels of performance for this indicator; States must include all participants exiting the program except States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the reasons listed in listed in the Exclusions from Performance section of this policy.
- Title IB Youth Employment or Education Rate - Second (2nd) Quarter after Exit
- Defined as the percentage of youth program participants who are in education or training activities, or in unsubsidized employment, during the second (2nd) quarter after exit from the program.
- Methodology for calculating outcomes includes all Youth program participants who exit from the program.
- The number of Youth program participants who exited during the reporting period who are found to be employed, either through direct UI wage record match, Federal or military employment records, or supplemental wage information, OR found to be enrolled in secondary education, postsecondary education, or occupational skills training (including advanced training) in the second (2nd) quarter after the exit quarter (the Numerator) DIVIDED by the number of youth program participants who exited the program during the reporting period (the Denominator).
- Operational parameters for calculating levels of performance for this indicator:
- States must include all Youth participants who exit the program, except States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the reasons listed in the Exclusions from Performance section of this policy.
- Title IB Youth who are in the AmeriCorps program or Job Corps program in the second (2nd) quarter after exit are counted as a success in the training portion of the indicator.
Employment Rate – Fourth (4th) Quarter after Exit
Chapter: 3
Section: 1.2
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 4:38:33 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- Title IB Adult and Dislocated Worker Employment Rate – Fourth (4th) Quarter After Exit
- Defined as the percentage of program participants who are in unsubsidized employment during the fourth (4th) quarter after exit from the program.
- Methodology for calculating outcomes includes all program participants, except those participating in the Title IB Youth program, who are exited from the program.
- The number of participants who exited during the reporting period who are found to be employed, either through direct Unemployment Insurance (UI) wage record match, Federal or military employment records, or supplemental wage information, in the fourth (4th) quarter after the exit quarter (the Numerator) DIVIDED by the number of participants who exited during the reporting period (the Denominator).
- Operational parameters for calculating levels of performance for this indicator, States must include all participants exiting the program except States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the reasons listed in the Exclusions from Performance section of this policy.
- Title IB Youth Employment or Education Rate – Fourth (4th) Quarter after Exit
- Defined as the percentage of Youth program participants who are in education or training activities, or in unsubsidized employment, during the fourth (4th) quarter after exit from the program.
- Methodology for calculating outcomes includes all youth program participants who exit from the program.
- The number of youth program participants who exited during the reporting period who are found to be employed, either through direct UI wage record match, Federal or military employment records, or supplemental wage information, OR found to be enrolled in secondary education, postsecondary education, or occupational skills training (including advanced training) in the fourth (4th) quarter after the exit quarter (the Numerator) DIVIDED by the number of youth program participants who exited the program during the reporting period (the Denominator).
- Operational parameters for calculating levels of performance for this indicator:
- States must include all participants who exit the program, except States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the reasons listed in the Exclusions from Performance section of this policy.
- Title IB Youth who are in the AmeriCorps program or Job Corps program in the fourth (4th) quarter after exit are counted as a success in the training portion of the indicator.
Median Earnings – Second (2nd) Quarter after Exit
Chapter: 3
Section: 1.3
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 2:43:38 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- Median Earnings – Second (2nd) Quarter after Exit for All Title IB Programs
- Defined as the median earnings of program participants who are in unsubsidized employment during the second (2nd) quarter after exit from the program, as established through direct Unemployment Insurance (UI) wage record match, Federal or military employment records, or supplemental wage information.
- Methodology for calculating the median earnings for all participants employed in the second (2nd) quarter after exit is total quarterly earnings, for all participants employed in the second (2nd) quarter after exit, are collected by either direct wage record match or supplemental wage information.
- The collected quarterly wage information values are listed in order, from the lowest to the highest value. The value in the middle of this list is the median earnings value, where there is the same quantity of numbers above the median number as there is below the median number.
- If there are an even number of collected quarterly wage information values in the list, the middle two (2) values are added together and the resulting total divided by two to determine an average which is the median earnings value.
- The Wage Conversion Chart attachment is used to convert supplemental wage information values that do not represent the total amount a participant earned in the second (2nd) quarter after exit. When using the Wage Conversion Chart, it is important to distinguish between wage and earnings. Wage is a ratio of earnings over a specific period of time. The Wage Conversion Chart should be used only when the wage rate—and not the earnings information—is available.
- Operational Parameters for calculating levels of performance for this indicator exclude the following participants and any associated earnings figures from the calculation for median earnings:
- Participants who have exited and are not employed in the second (2nd) quarter after exit;
- Participants who have exited a program and for whom earnings information is not yet available;
- There is a two (2) quarter lag built into the reporting times for the wage- and employment-based indicators to allow time for reporting participant exit and conducting direct wage record match. After two (2) quarters, if the information is still not available, wages will be converted to $0 permanently.
- Wages reported as $0 will indicate that the participant was not employed in the second (2nd) quarter after exit, thereby counting as a negative outcome in the Employment Rate Second (2nd) Quarter After Exit indicator and excluding that participant from the Median Earnings Second (2nd) Quarter After Exit indicator.
- Participants who have exited from a program and have $0 income;
- Participants who have exited a program and are in subsidized employment; and
- Participants who have exited for any of the reasons listed in the Exclusions from Performance section of this policy.
Credential Attainment
Chapter: 3
Section: 1.4
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 4:42:24 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- Credential Attainment for All Title IB Programs
- Defined as the percentage of those participants enrolled in an education or training program (excluding those in on-the-job training (OJT) and customized training only) who attain a recognized postsecondary credential or a secondary school diploma, or its recognized equivalent, during participation in or within one (1) year after exit from the program.
- This indicator measures attainment of two (2) types of credentials: either a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent which are further defined and detailed in the Recognized Postsecondary Credentials and the Secondary School or Recognized Equivalent sections of this policy.
- A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or its recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a recognized postsecondary credential within one (1) year after exit from the program (See the “Special Rule”).
- The following are acceptable types of credentials that count toward the credential attainment indicator:
- Secondary School diploma or recognized equivalent;
- Associate’s degree;
- Bachelor’s degree;
- Occupational licensure;
- Occupational certificate, including Registered Apprenticeship and Career and Technical Education educational certificates;
- Occupational certification; and
- Other recognized certificates of industry/occupational skills completion sufficient to qualify for entry-level or advancement in employment.
- Graduate degrees are not included in the definition of a recognized postsecondary credential. Therefore, graduate degrees do not count towards credential attainment, except for the Title IV Vocational Rehabilitation programs, which are permitted to include graduate degrees as a type of recognized credential because of statutory and regulatory requirements specific to that program.
- The Special Rule Relating to Secondary School Diplomas and Recognized Equivalents in the Calculation of the Credential Attainment Measure is:
- Participants who obtain a secondary school diploma or its recognized equivalent must also meet an additional condition before they are counted as a successful outcome (positive) and included in the numerator of the credential attainment indicator. These participants must be employed or enrolled in an education or training program leading to a recognized postsecondary credential within one year following exit.
- Post-Exit Outcomes that meet the criteria of the “Special Rule” are placement into unsubsidized employment and/or post-secondary training or education.
- For each core program administered by the U.S. Department of Labor (USDOL), a description of who is considered to be enrolled in an “education or training program”, and thus included in the credential attainment indicator, follows:
- Title IB Adult and Dislocated Worker –
- All program participants who received training that was not OJT or Customized Training are included in the credential attainment indicator.
- Title IB Youth –
- In-School Youth (ISY) - All In-School-Youth are included in the measurable skill gains indicator since they are attending secondary or postsecondary school.
- Out-of-School Youth (OSY) - Only (Out-of-School Youth) OSY who are in one of the following are included in the indicator:
- the program element occupational skills training;
- secondary education during participation in the Title IB Youth program;
- postsecondary education during participation in the Title IB Youth program;
- Title II-funded adult education at or above the ninth (9th) grade level during participation in the Title IB Youth program;
- YouthBuild program during participation in the Title IB Youth program; or
- Job Corps during participation in the Title IB Youth program.
- Methodology for calculating the credential attainment includes all participants who exited from a program and were in either a postsecondary education or training program (other than OJT and customized training) OR in a secondary education program at or above the ninth (9th) grade level without a secondary school diploma or its equivalent.
- The number of participants who exited during the reporting period who obtained a recognized postsecondary credential during the program or within one (1) year after exit OR those who were in a secondary education program and obtained a secondary school diploma or its recognized equivalent during the program or within one (1) year after exit and were also employed, or in an education or training program leading to a recognized postsecondary credential (See the “Special Rule”) within one (1) year after exit (the Numerator) DIVIDED by the number of participants enrolled in an education or training program (excluding those in OJT and customized training) who exited during the reporting period (the Denominator).
- Operational parameters for calculating levels of performance for this indicator, States must include all participants who exit and are in a postsecondary education or training program, or who are in a secondary education program (at or above the 9th grade level) without a secondary school diploma or equivalent, are included in the credential attainment indicator, subject to the “Special Rule”.
- Participants enrolled in work-based OJT or customized training only are excluded from this indicator because such training does not typically lead to a credential.
- Additionally, participants who exit during the reporting period for any of the reasons listed in the Exclusions from Performance section of this policy are excluded from this indicator.
Recognized Postsecondary Credentials
Chapter: 3
Section: 1.4.1
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 2:32:48 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- A recognized postsecondary credential is defined as a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by Illinois or Federal government, or an associate or baccalaureate degree.
- A recognized postsecondary credential is awarded in recognition of an individual’s attainment of measurable technical or industry/occupational skills necessary to obtain employment or advance within an industry/occupation.
- These technical or industry/occupational skills generally are based on standards developed or endorsed by employers or industry associations.
- Such certificates must recognize technical or industry/occupational skills for the specific industry/occupation rather than general skills.
- Recognized postsecondary credentials are an attestation of qualification or competence issued to an individual by a third (3rd) party (such as an educational institution or an industry or occupational certifying organization) with the relevant authority or expertise to issue such a credential.
- The terms most commonly used for educational credentials are: diploma, certificate, and degree.
- Several types of certificates are not accepted as recognized credentials including:
- Certificates awarded by local workforce innovation boards (LWIBs) and work readiness certificates are not included in this definition because neither type of certificate is recognized industry-wide, nor documents the measurable technical or industry/occupational skills necessary to gain employment or advancement within an occupation.
- Likewise, certificates related to safety, hygiene, etc., even if such general skills certificates are broadly required to qualify for entry-level employment or advancement in employment are not accepted.
- A variety of different public and private entities issue recognized postsecondary credentials. The following types of organizations and institutions award recognized postsecondary credentials, although not all credentials by these entities meet the definition of recognized postsecondary credential.
- A state educational agency or a state agency responsible for administering vocational and technical education within a state;
- An institution of higher education described in Section 102 of the Higher Education Act of 1965 (20 USC sec. 1002) that is qualified to participate in the student financial assistance programs authorized by Title IV of that Act. This includes community colleges, proprietary schools, and all other institutions of higher education that are eligible to participate in Federal student financial aid programs;
- An institution of higher education that is formally controlled, or has been formally sanctioned or chartered, by the governing body of an Indian tribe or tribes;
- A professional, industry, or employer organization (e.g., National Institute for Automotive Service Excellence certification, National Institute for Metalworking Skills, Inc., Machining Level I credential) or product manufacturer or developer (e.g., recognized Microsoft Information Technology certificates, such as Microsoft Certified IT Professional (MCITP), Certified Novell Engineer, a Sun Certified Java Programmer, etc.) using a valid and reliable assessment of an individual’s knowledge, skills, and abilities;
- The U.S. Department of Labor Employment and Training Administration’s Office of Apprenticeship or a recognized state Apprenticeship Agency;
- A public regulatory agency, which awards a credential upon an individual’s fulfillment of educational, work experience, or skill requirements that are legally necessary for an individual to use an occupational or professional title or to practice an occupation or profession (e.g., Federal Aviation Administration aviation mechanic license, or a state-licensed asbestos inspector);
- A program that has been approved by the Department of Veterans Affairs to offer education benefits to veterans and other eligible persons; or
- Job Corps, which issues certificates for completing career training programs that are based on industry skills standards and certification requirements.
- There are four (4) characteristics of credentials that add value to individuals and businesses, they include:
- Industry-Recognized: An industry-recognized credential is either:
- developed and offered by, or endorsed by, a nationally- or regionally recognized industry association or organization representing a sizeable portion of the industry sector, or
- a credential that is sought or accepted by companies within the industry sector for purposes of hiring or recruitment, which may include credentials from vendors of certain products (e.g., Microsoft).
- Stackable: A credential is considered stackable when it is part of a sequence of credentials that can be accumulated over time to build up an individual’s qualifications and help them to move along a career pathway or career ladder to different and potentially higher-paying jobs.
- Portable: A credential is considered portable when it is recognized and accepted as verifying the qualifications of an individual in other settings— such as other geographic areas across the country, other educational institutions, or other industries or businesses.
- Accredited: Accreditation by an independent, quality-review body is a valuable attribute and is often required for educational institutions or for specific educational programs in order for students to be eligible for Federal financial aid.
- Assistance should be provided to individuals to support the attainment of postsecondary educational credit for prior learning and work experience to help individuals earn credentials more quickly and reduce total tuition or training costs by potentially eliminating the requirement to take certain courses.
- Several resources on credit for prior learning are available to identify opportunities to gain credit for prior learning.
- Credit can be gained through the completion of examinations that recognize knowledge and experience gained through prior course work, on-the-job training (OJT) and work experience, professional development, or internships.
- Local experiential learning assessments, evaluations of local training and challenge exams can also provide opportunities to identify and verify prior knowledge and experience.
Secondary School Diploma or Recognized Equivalent
Chapter: 3
Section: 1.4.2
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 2:42:32 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- A recognized postsecondary credential is one (1) of two (2) types of credentials that are measured in the Credential Attainment performance indicator.
- For purposes of the credential attainment performance indicator, a secondary school diploma (or alternate diploma) (commonly referred to as high school diploma) is one that is recognized by a state and that is included for accountability purposes under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA).A secondary school equivalency certification also known as a high school equivalency (HSE) certification signifies that a student has completed the requirements for a high school education.
- There are three (3) tests used to measure high school equivalency (HSE) skills. Those are: the General Educational Development (GED), the High School Equivalency Test (HiSET), and the Test Assessing Secondary Completion (TASC).
- The types of recognized equivalents, for those not covered under ESEA, that would satisfy this performance indicator are those recognized by a state.
- Examples of secondary school diplomas, alternate diplomas, and recognized equivalents recognized by individual states include:
- Obtaining certification of attaining passing scores on an Illinois -recognized high school equivalency test;
- Earning a secondary school diploma or Illinois -recognized equivalent through a credit bearing secondary education program sanctioned by Illinois law, code, or regulation;
- Obtaining certification of passing an Illinois recognized competency-based assessment; and
- Completion of a specified number of college credits.
Measurable Skill Gains
Chapter: 3
Section: 1.5
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 3:07:33 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- Measurable Skill Gains (MSG)
- Defined as the percentage of participants who, during a program year, are in education or training programs that lead to a recognized postsecondary 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.
- The measurable skill gains indicator is used to measure interim progress of participants who are enrolled in education or training services for a specified reporting period. It is not an exit-based measure. Instead, it is intended to capture important progressions through educational or skill pathways that offer different services based on program purposes and participant needs. It can also help fulfill the vision for a workforce system that serves a diverse set of individuals with a range of services tailored to individual needs and goals. Depending upon the type of education or training program in which a participant is enrolled, documented progress is defined as one of the following:
- Educational Functioning Level (EFL): Documented achievement of at least one educational functioning (EFL) level of a participant who is receiving instruction below the postsecondary education level (includes three types of EFL measurements);
- Secondary School Diploma or Equivalent: Documented attainment of a secondary school diploma or its recognized equivalent;
- Secondary/Postsecondary Transcripts or Report Card: Secondary or postsecondary transcript or report card for a sufficient number of credit hours that shows a participant is meeting the state unit’s academic standards;
- Training Milestone(s): Satisfactory or better progress report, towards established milestones or steps to successfully complete a training program such as completion of On-the-Job Training (OJT) or completion of one year of an apprenticeship program or similar milestones, from an employer or training provider who is providing training; or
- Skills Progression: Diploma/Certificate/Degree: Successful passage of an exam that is required for a particular occupation or progress in attaining technical or occupational skills as evidenced by trade-related benchmarks, such as knowledge-based exams.
- Documenting Progress for Types of Measurable Skill Gains occurs in the following ways:
- Educational Functioning Level (EFL)
- Documented achievement of at least one educational functioning level (EFL) of a participant who is receiving instruction below the postsecondary level. Programs may measure educational functioning level gain in one of three ways:
- states may compare the participant’s initial educational functioning level, as measured by a pre-test, with the participant’s educational functioning level, as measured by a post-test following the requirements of the Basic Skills Deficiency Assessment Requirements section of the policy manual;
- states that offer adult high school programs that lead to a secondary school diploma or its recognized equivalent may measure and report educational gain through the awarding of credits or Carnegie units; or
- states may report an educational functioning level gain for participants who exit a program below the postsecondary level and enroll in postsecondary education and training during the program year. A program below the postsecondary level applies to participants enrolled in a basic education program.
- Secondary School Diploma or Equivalent
- Programs may document attainment of a secondary school diploma or its recognized equivalent if the participant obtains certification of attaining passing scores on all parts of a state-recognized high school equivalency test, or the participant obtains a diploma or state-recognized equivalent documenting satisfactory completion of secondary studies or an alternative diploma, including a high school or adult secondary school diploma.
- Secondary school diploma refers to a regular high school diploma, as defined in the Every Student Succeeds Act (ESSA).
- Alternative diploma must meet the requirements under ESSA.
- Secondary/Postsecondary Transcript or Report Card
- For secondary education, this gain may be documented through receipt of a secondary transcript or report card for one semester showing that the participant is achieving the state unit’s policies for academic standards. This applies only to youth attending High School.
- For postsecondary education, this gain must demonstrate a sufficient number of credit hours—which is at least twelve (12) hours per semester (or equivalent) or, for part-time students, a total of at least twelve (12) hours over the course of two (2) completed semesters (or equivalent) during a twelve (12) month period—that shows a participant is achieving the state unit’s academic standards (or the equivalent for other than credit hour programs).
- For example, if a postsecondary student completed four (4) hours in the spring semester and eight (8) more hours in the fall semester and those semesters crossed two (2) program years, this type of skill gain would not be reported in the first (1st) program year but it should be reported and will count as a skill gain in the second (2nd) program year, when the sufficient number of credit hours to meet the criteria is met.
- Secondary transcript is specific to youth attending high school.
- For gain type three, the Departments recommend that States and local areas develop policies suitable for the applicable academic system in use by the secondary or postsecondary institution in which the participant is enrolled including, but not limited to, semesters, trimesters, quarters, and clock hours for the calculation of credit hours (or their equivalent) when documenting progress towards Measurable Skill Gains.
- Training Milestone(s)
- Documentation for this gain may vary, as grantees should identify appropriate methodologies based upon the nature of services being provided.
- The gain may be documented by a satisfactory or better progress report from an employer or training provider. Progress reports may include training reports on milestones completed as the individual masters the required job skills or takes steps to complete a training program. Documented increases in pay resulting from newly acquired skills or increased performance also can be used to demonstrate successful progress.
- Skills Progression - Diploma/Certificate/Credential/Degree
- Documentation for this gain may include passage of a component exam in a Registered Apprenticeship program, employer-required knowledge-based exam, satisfactory attainment of an element on an industry or occupational competency-based assessment, or other completion test necessary to obtain a credential.
- Methodology for calculating the outcomes includes all participants enrolled in an education or training program that leads to a recognized postsecondary credential or employment.
- The number of program participants during the reporting period who are in an education or training program that leads to a recognized postsecondary credential or employment and are achieving measurable skill gains based on attainment of at least one type of gain (the Numerator) DIVIDED by the number of program participants, who, during the reporting period are in an education or training program that leads to a recognized postsecondary credential or employment (the Denominator).
- Operational parameters for calculating levels of performance for this indicator, States must include all participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment are counted in the calculation of this indicator except States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the reasons listed in the Exclusions from Performance section of this policy.
- For the Title IB Adult and Dislocated Worker program and the Title IB Youth program, a description of who is considered to be enrolled in an “education or training program”, and thus included in the measurable skill gains indicator, is provided below:
- Title IB Adult and Dislocated Worker
- All participants who are in a Title IB Adult or Dislocated Worker funded training program are included in the measurable skill gains indicator (which includes funding a training program for a secondary school program equivalent). This includes all participants in work-based training.
- Title IB Youth
- In-School Youth (ISY) - All In-School-Youth are included in the measurable skill gains indicator since they are attending secondary or postsecondary school.
- Out-of-School Youth (OSY) - Only (Out-of-School Youth) OSY who are in one of the following are included in the indicator:
- the program element occupational skills training;
- secondary education during participation in the Title IB Youth program;
- postsecondary education during participation in the Title IB Youth program;
- Title II-funded adult education at or above the ninth (9th) grade level during participation in the Title IB Youth program;
- YouthBuild program during participation in the Title IB Youth program; or
- Job Corps during participation in the Title IB Youth program.
- Unlike Credential Attainment, this includes all participants in OJT and customized training. There are no specific measurable skill gain types required for specific participants in each of these three Title IB core programs, except that for participants in the Title IB youth program, the type of skill gain must be based on the youth’s individual service strategy.
Measurable Skill Gains – Additional Guidance and Operational Parameters
Chapter: 3
Section: 1.5.1
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/10/2021 8:28:44 AM
Version: 3
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- Additional operational parameters for the Measurable Skill Gains (MSG) performance indicator include:
- Participants are only included in the denominator one (1) time per reporting period (i.e., program year), regardless of how many skill gains they achieve in a given program year unless the individual has more than one (1) period of participation in a given program year. Likewise, participants are only included in the numerator one (1) time per reporting period (i.e., program year), regardless of how many skill gains they achieve in a given program year unless the individual has more than one (1) period of participation in a given program year;
- A participant who exits the program and re-enrolls in the program during the same program year and is in an education or training program will be in the indicator two (2) times for that particular program year; and
- The measurable skill gains indicator is different from the other indicators because it is not exit-based, meaning that a participant can achieve one (1) or more measurable skill gains while still participating in a program.
- Programs must not delay enrollment or services to participants until a new program year even if programs believe there is insufficient time for the participant to make any type of measurable skill gain by the end of that program year.
- For performance accountability purposes, the measurable skill gains indicator calculates the number of participants who attain at least one (1) type of gain during each period of participation within a given program year.
- Since this indicator is not exit-based, each unique program entry date (not exit date) triggers inclusion in the calculation. Participants will achieve a successful outcome in the indicator as long as they attain one type of gain applicable to the program in which the participant is enrolled.
- If a participant achieves more than one type of measurable skill gain in a reporting period, only the most recent gain of each skill gain type will be reported in the numerator.
Effectiveness in Serving Employers
Chapter: 3
Section: 1.6
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 8/20/2024 2:32:39 PM
Version: 3
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
- The Workforce Innovation and Opportunity Act (WIOA) requires the U.S. Departments of Labor and Education to establish a primary performance indicator for effectiveness in serving employers.
- The effectiveness in serving employers indicator was initially implemented as a pilot program to test the feasibility and rigor of three proposed approaches. The Departments assessed the pilot outcomes through Program Year (PY) 2021. They published a Notice of Proposed Rule Making (NPRM) on September 14, 2022, to define the effectiveness of serving employers' performance in a single standardized way.
- Retention with the same employer addresses the programs’ efforts to provide employers with skilled workers. This is useful in determining whether the core programs are serving employers effectively by improving the skills of their workforce and decreasing employee turnover.
- This approach captures the percentage of participants in unsubsidized employment during the second quarter after exit and is employed with the same employer in the second (2nd) and fourth (4th) quarters after exit.
- States must use UI wage records, Federal or military employment records, or supplemental wage information to identify whether a participant’s employer wage record indicates a match of the same establishment identifier (such as a Federal Employer Identification Number (FEIN) or State tax ID) in both the second (2nd) and fourth (4th) quarters after exit.
- The methodology for calculating this measure is the number of participants who exit during the reporting period and are found to be employed by the same employer during the second quarter after exit and the fourth quarter after exit, either through direct UI wage record match, Federal or military employment records, or supplemental wage information DIVIDED by the number of participants who exited during the reporting period and were employed during the second quarter after exit.
- When calculating levels of performance for this indicator, States must include all participants exiting the title I Adult, title I Dislocated Worker, title I Youth, title II AEFLA, title III Employment Service, and title IV VR programs who were employed in unsubsidized employment in the second quarter after exit; however, States must not include (in either the numerator or denominator) those participants who exit during the reporting period for any of the allowable exclusion reasons.
- Unlike the other primary performance indicators, which are reported separately for each core program, the effectiveness in serving employers indicator is reported as a shared indicator—one value that combines the results for all the core programs in the State.
- To implement this indicator as a shared measure, the Illinois Department of Employment Security (IDES) has been identified as the single agency for coordinating data collection and reporting.
- Illinois will report results in the WIOA annual report and make the results public in the WIOA Statewide Annual Performance Report Narrative.
- The local workforce innovation boards must report on participants accurately and timely so that when the state core programs prepare their reports, all Title I participants who should be in the measure are captured appropriately.
Serving Individuals with Barriers to Employment
Chapter: 3
Section: 1.8
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 3:28:30 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
(Pending)
Exclusions from Performance
Chapter: 3
Section: 2
Effective Date: 8/3/2020
Expiration Date: Continuing
Revision Date: 11/3/2021 3:39:28 PM
Version: 2
Status: Current
Tags: Adult,
Dislocated Worker,
Performance,
Reporting,
Youth
The Workforce Innovation and Opportunity Act (WIOA) Title IB participants may be excluded from primary indicators of performance for any of the following reasons that may preclude them from participating in services or entering employment.
- These exclusions apply to all primary indicators of performance for all Title IB Adult, Dislocated Worker, and Youth programs, unless otherwise noted.
- Exclusions from performance are made for a WIOA Title IB participant that exits the program because of any of the following:
- becomes incarcerated in a correctional institution or has become a resident of an institution or facility providing twenty-four (24)-hour support such as a hospital or treatment center during the course of receiving services as a participant;
- receiving medical treatment and that treatment is expected to last longer than ninety (90) days and precludes entry into unsubsidized employment or continued participation in the program; and
- called to active duty for at least ninety (90) days as a member of the National Guard or other reserve military unit of the armed forces.
- All WIOA Title IB participants are excluded from performance if they are deceased during program participation or after exit during applicable reporting periods.
- A Title IB Youth participant is excluded from performance if they are in the foster care system and exit the program because the participant has moved from the local workforce innovation area as part of such a program or system.
- If a participant is exited due to a medical or disability exclusion, care must be taken not to disclose the medical or disability-related information.
- Information shall be collected in a separate file and must not disclose in case notes the reason for exit.
- For Title IB programs, eligibility is determined at the time an individual becomes a participant and such eligibility is not revisited during the individual’s participation in the program. As such, there are no exclusions from performance if it is later determined that they have not met the program’s eligibility criteria.
- There is no prohibition against providing follow-up services after exit due to exclusionary reasons.
- For additional exclusions within each primary indicators of performance, reference the definition, methodology, operational parameters and other information found in each performance indicator section of the policy.
General Requirements for Program Exit
Chapter: 3
Section: 3
Effective Date: 11/5/2021
Expiration Date: Continuing
Revision Date: 11/5/2021 12:22:15 PM
Version: 2
Status: Current
Tags: Exit,
Performance
- A Workforce Innovation and Opportunity Act (WIOA) Title IB program exit must occur when a participant has not received any active services funded by the program or a partner program for ninety (90) consecutive calendar days, has no gap in service, and is not scheduled for future services. To that end, the following must be considered:
- A participant may be exited sooner than ninety (90) days if it is known that they will not be receiving any additional active services funded by WIOA Title IB or a partner program.
- If an exit record has been entered in the Illinois Workforce Development System (IWDS) or other approved system of record and the participant receives a new active service funded by the program or a partner program within ninety (90) days of the previous service, then the exit record must be deleted from and the new service(s) added to the participant's existing application record.
- A written request must be made to the Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) staff listed in the contacts tab to delete the exit in IWDS that includes, at a minimum, the name of the participant, the name of the participant’s career planner, the Local Workforce Innovation Area (LWIA) for which the participant’s record was entered, and the reason for deleting the exit.
- An individual shall not have a new WIOA Title IB participant application entered for them if they:
- Have received an active program service within ninety (90) days; or
- Have not had an exit record entered in the appropriate system of record (regardless of whether ninety (90) days have passed since the last receipt of service).
- An individual must have a new WIOA Title IB participant application entered for them if they:
- Have not received an active program service within ninety (90) days from the date of prior program exit.
- The date of exit is applied retroactively from the current date to the last day on which the participant received an active program service funded by WIOA Title IB.
- If a participant receives services from multiple programs and is co-enrolled, the most recent service end date will be the date of exit. See the Co-Enrollment and Exit section of this policy.
- Participants who have a planned gap in WIOA Title IB service of greater than ninety (90) days must not be considered as exited if the gap in service is due to one of the following circumstances:
- A delay before the beginning of training;
- A health/medical condition or providing care for a family member with a health/medical condition; or
- A temporary move from the area that prevents the individual from participating in services, including military service.
- The planned gap in WIOA Title IB services may not last more than one hundred eighty (180) consecutive calendar days from the date of the most recent service. All planned gaps in service must be documented in IWDS and include the reason for the gap and the anticipated return date to complete program services.
- Once a participant has no active WIOA Title IB services for ninety (90) consecutive calendar days, has no gap in service as outlined under 4 and 5 above, and is not scheduled for future WIOA Title IB services, then the exit record must be entered in the system of record.
- Prior to entering an exit record, the following information must be reviewed for accuracy, and any deficiencies identified must be corrected:
- Every service provided to the participant has been recorded and close any open services by adding the end date and completion status;
- All supporting documentation has been obtained and is physically located in the file and/or case notes are entered;
- Each credential (Diploma/Degree/Certification) achieved has been added to the credential record and appropriate credentials selected in the exit record;
- All types of Measurable Skill Gains (MSGs) achieved are recorded;
- The exit record includes one School Status at Exit and one Exit Reason; and
- If the exit reason is an exclusion from the performance indicators as outlined in the Exclusions from Performance section of this policy, supporting documentation/validation is included in the file.
- Note a separate exit reason is required for each co-enrolled program.
- Once all reviews are completed and documentation recorded as outlined above, the exit record must be recorded in the appropriate case management system.
- Credentials and/or Employment (Job Records) must be recorded in the appropriate system of record within ten (10) days of learning of a participant’s credential attainment or employment status.
- Participants can receive credit for a credential earned up to one (1) year from exit.
- Career planners must ensure they record any credentials attained during the follow-up period.
- A participant’s credentials and/or employment (job record(s)) may be recorded during participation on the respective screens, which are separate from the Exit record (Exit Control Panel screen in IWDS).
- Follow-up services must occur as outlined in the Follow-Up Services section of the policy manual.
- When selecting exit reasons Attained Credential/Diploma Certificate or Entered Unsubsidized Employment, at least one Credential and/or Employment record as applicable is required to be added on the exit record in the appropriate case management system before the exit can be submitted.
- The Career Planner must manually add a Credential(s) to the appropriate section(s) on the Exit record to count towards reporting for the Credential Attainment Rate measure.
- In cases where the employment is supplemental, the record must also be manually added to the exit record.
- When the exit reason Entered Unsubsidized Employment is selected, the employment start date of the job record must align with the same quarter as the date of exit.
- The exit record must be entered no more than one hundred twenty (120) days from the last date of active program service.
- A report Days Since Last Active Service is available in IWDS for each LWIA to monitor participants' last service date.
- Additionally, the Illinois Performance Accountability and Transparency System (IPATS) dashboards serve as a reporting and management dashboard for tracking program activity and outcomes.
- LWIA staff must ensure program exits occur timely by monitoring participant progress through IPATS and utilizing the reports available in IWDS to identify participants without an active program service record in IWDS for more than ninety (90) days.
- IWDS locks the ability for local career planners to enter exit records after this timeframe.
- Once the system has locked the ability for the local career planner to exit the participant, a request must be submitted to the OET staff listed in the Contacts tab to exit the participant from the system.
- OET regularly reviews the reports and systems and will notify LWIA staff when they have identified instances where LWIAs fail to exit participants within the required timeframe.
Program Services Definition
Chapter: 3
Section: 3.1
Effective Date: 11/5/2021
Expiration Date: Continuing
Revision Date: 11/5/2021 11:54:31 AM
Version: 2
Status: Current
Tags: Exit,
Performance,
Reporting
- A program service is a Workforce Innovation and Opportunity Act (WIOA) Title IB approved activity, and in some instances, supportive services, funded or supported by WIOA Title IB, Trade, or a partner program, not including follow-up services or other activities not considered a service as provided in paragraph 3 below. See the Co-enrollment of Trade Program Participants section of this policy for more information on the blending of WIOA Title IB and Trade services.
- A supportive service is considered a WIOA Title IB program service only if the expenditure is related to a current staff-assisted career service or training activity and paid by WIOA Title IB funds.
- Documentation of supportive services must be in the form of a service entry in the appropriate case management system and fiscal records showing payment for a service. Supportive services are only considered active program services for WIOA Adult and Dislocated Workers until the date of exit.
- Supportive services can be provided to youth participants during participation as Program Element Seven (7) (Supportive Services) or after exit as a component of Program Element Nine (9) (Follow-Up Services), though the former triggers and extends participation while the latter does not.
- An active program service is a service provided to a participant that has taken place within the last ninety (90) consecutive days.
- Documentation of active program services, such as ongoing staff interaction and training activities, must initially be in the form of case management system service activities. Additional documentation of these active program activities must be in the form of Case Notes. The Case Note details must specify a two-way communication describing either what occurred or verifying attendance and training progress and how the service or activity moves the participant toward their objectives and goals outlined in the Individual Employment Plan (IEP) or Individual Service Strategy (ISS).
- It is a proven best practice and expectation that the review occurs, and a case note be entered at a minimum of once every thirty (30) days. The expectation is that the career planner must contact the participant during that timeframe to address any problems, challenges, or difficulties the participant may have.
- Documentation of same-day service requires that a service activity episode be entered in the Illinois Workforce Development System (IWDS) each time the service is provided. See the WIOA Title IB Service Matrix attachment of the Career Planning policy in the policy manual for a further description and list of same-day services.
- Documentation in the form of a case note without an update to the IWDS same-day service activity record will not cause the service to be treated as active and, therefore, will not impact exit date determination.
- IWDS entry of same-day services
- After an initial same-day service is entered in IWDS, career planners can use a one-click process to indicate additional episodes of this same service.
- To accomplish this, the career planner must select the initial same-day service from the service list screen. That service information (with any update) will appear as usual on the Edit Services screen. For same-day services, this screen will also contain an ‘Add Additional Episode’ button.
- Clicking the Add Additional Episode button will display fields to enter an additional service date(s) and a text box to describe that day's activity. Once this data is added and saved, the text will be stored as part of the participant’s Case Notes for the additional activity date.
- Non-active program services must be ended in the case management system, and the career planner must record whether the service was successfully or unsuccessfully completed. Successfully completed means having completed a task with success or receiving a grade for the course that the institution recognizes as a passing grade. Unsuccessfully completed means having not completed the task or receiving a grade for the course that the institution does not recognize as a passing grade.
- The term active program service does not include:
- Determination of eligibility to participate in the program;
- Self-directed job search that does not result in a referral to a job;
- Services and activities specifically provided as follow-up services such as regular contact with the participant or employer only to obtain information regarding their employment status, educational progress, need for additional services, or income support payments (except for trade readjustment allowances and other needs-related payments funded through the Trade program, Dislocated Worker program, or Dislocated Worker Grant (DWG) program); or
- Case notes or fiscal records showing payment for support services.
Program Exit Monitoring
Chapter: 3
Section: 3.2
Effective Date: 11/5/2021
Expiration Date: Continuing
Revision Date: 11/5/2021 11:58:30 AM
Version: 2
Status: Current
Tags: Exit,
Performance
- Compliance with the exit requirement will be enforced through the Illinois Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) Workforce Innovation and Opportunity Act (WIOA) Title IB monitoring process, and the periodic review of OET WIOA Title IB reports.
- Participants not properly exited will be documented during monitoring and a finding will be issued.
- Local Workforce Innovation Areas (LWIAs) will be expected to take corrective action to comply with the requirements on program exits.
Co-Enrollment and Exit
Chapter: 3
Section: 3.3
Effective Date: 11/5/2021
Expiration Date: Continuing
Revision Date: 11/5/2021 12:16:09 PM
Version: 2
Status: Current
- Under Illinois’ Unified State Plan, partners are committed to developing and implementing co-enrollment strategies to support program alignment and career pathways. Co-enrollment:
- Supports coordination across core programs, including planning, reporting, and service delivery;
- Supports a customer-centric design that allows programs to leverage resources for participants who are eligible for, and need, multiple services that cross-program lines; and
- Allows tracking career pathway participants whose service happens not within one particular Federal program and funding stream but across multiple programs.
- Co-enrollment in Youth and Adult Programs
- Local area Workforce Innovation and Opportunity Act (WIOA) Title IB staff must identify and track the funding streams that pay the costs of services provided to individuals participating in Youth and Adult programs concurrently and ensure no duplication of services.
- Co-enrollment of Trade Program Participants
- States must co-enroll all trade-affected workers who are otherwise eligible for WIOA). Career planners must co-enroll Trade customers in the WIOA Title IB Dislocated Worker program. However, as appropriate, customers may also be co-enrolled in the Title IB Adult, Youth, or other partner programs.
- Trade includes activities and services available through any of the Trade programs: Trade Adjustment Assistance Under the Trade Act of 1974, As Amended including Trade Reform Act of 2002 (2002 amendments) – Trade, the Trade Globalization Adjustment Assistance Act of 2009 – TGAAA, the Trade Adjustment Assistance (Trade) for Workers Final Rule (20 CFR 618), and any subsequent changes or reversions.
- WIOA and Trade program funds must be managed in a coordinated manner. Duplication of payment of training costs is not permitted. Under certain circumstances, the WIOA Title IB and Trade programs may share the costs of training.
- The Trade program must be the primary source of assistance to Trade program participants. If a Trade program participant requires assistance or services not authorized under the Trade program or Trade program funds are unavailable or insufficient, assistance must be made available through WIOA Title IB.
- Under limited circumstances, Trade program participants may receive WIOA-funded training that would otherwise be provided under the Trade program. The most common occurrence is when a Trade petition has been filed by or on behalf of a group of workers, but a determination of group eligibility is pending. In this case, WIOA Title IB funds must be used for training in the short-term, until the Trade program determines the worker's individual eligibility and approves the training. (If a negative decision is rendered and the petition is denied, the worker may continue as a WIOA Title IB participant.) Training may be modified by the Trade program to allow a worker additional training under the Trade program to meet retraining needs as indicated in an individual reemployment plan. The Trade program participant must remain co-enrolled in WIOA Title IB and the Trade Program if the individual needs continued career and supportive services through WIOA.
- WIOA Title IB allows up to seventy-five (75) percent reimbursement to employers for on-the-job training (OJT). In contrast, the Trade program allows reimbursement up to fifty (50) percent of the wage rate, the cost of providing the training, and additional supervision related to the training. For approved OJT for a co-enrolled Trade program participant, the Trade program may reimburse employers up to fifty (50) percent, and WIOA Title IB may reimburse employers up to an additional twenty-five (25) percent, to bring the total reimbursement to the employer up to seventy-five (75) percent, provided that local area’s WIOA Title IB OJT policy offers for a seventy-five (75) percent reimbursement rate.
- The state has a waiver from DOL to allow for a sliding reimbursement scale to the employer for an OJT based on its size and capability. Under this waiver, employers with fifty (50) or less employees would be reimbursed up to ninety percent (90%), those with between 51 and 250 employees up to seventy-five (75%) reimbursement, and all other employers up to the statutory limit of 50%.
- Under this waiver for an approved OJT for a co-enrolled Trade program participant, the Trade program may reimburse employers up to fifty (50) percent, and WIOA Title IB may reimburse employers up to an additional forty (40) percent, to bring the total reimbursement to the employer up to ninety (90) percent, provided that local area’s WIOA Title IB OJT policy provides for a ninety (90) percent reimbursement rate.
- Co-enrolled exit occurs when a participant, enrolled in multiple WIOA Title IB programs or Trade, has:
- Not received services from any of those programs for at least ninety (90) days; and
- No future services are planned.
- Example: Participant Joe is a worker covered by a Trade Certification and is co-enrolled in the Dislocated Worker program. Joe’s last date of service under the Dislocated Worker program is September 15th. Joe’s last date of service under the Trade program is October 1st. Joe receives no additional services from the Trade and Dislocated Worker programs. Joe's co-enrolled exit date is October 1st.
- Co-enrolled participants shall only be exited when all the criteria for exit are met for the programs in which they are co-enrolled applies.
- When adding an exit in Illinois Workforce Development System (IWDS), the WIOA Title IB and/or Trade programs in which the participant is co-enrolled will be exited with the same exit date. The system will not allow an exit to be entered for one program and not the other(s).
- The procedures in Career Connect are the same except for situations in which a participant is co-enrolled in local (LWIA 7) and statewide (LWIA 90) grants. The Career Connect Help Desk site provides guidance on this topic at the link found in the Resources tab.
General Requirements for Negotiation of Local Performance Goals
Chapter: 3
Section: 4
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 9/5/2024 11:39:01 AM
Version: 8
Status: Current
Tags: Performance,
Reporting
Each Local Workforce Innovation Board (LWIB) and Chief Elected Official(s)(CEO) in each of Illinois’ Local Workforce Innovation Area (LWIA)s are required to utilize a local negotiation process to come to an agreement on negotiated levels of performance under the Workforce Innovation and Opportunity Act (WIOA).
- The LWIB and CEO are required to reach an agreement with the state on negotiated levels of performance for the first two (2) years and the third (3rd) and fourth (4th) years of the Unified State Plan.
- The local negotiation process with the state will be in accordance with the process and timeline outlined in a WIOA Notice and will include the Expected and Negotiated Levels of Performance.
- The negotiation process includes the following:
- Expected Levels of Performance:
- The LWIB and CEO must submit proposed performance goals (or expected levels of performance) to the state for each of the primary indicators of performance for the first two (2) years and for years three (3) and four (4) of the local planning cycle.
- Expected levels of performance must be stated to the nearest tenth of a percent (0.1%), or to the nearest whole dollar for median earnings.
- Negotiated Levels of Performance:
- Agreement on levels of performance occurs through negotiations between the LWIB and CEO, and the state to reach an agreement on negotiated levels of performance.
- After submission of the local plan, for years one (1) and two (2) of the plan, and
- After submission of the modification to the local plans, for years three (3) and four (4) of the plan.
- All negotiated levels of performance must be published as a modification to the local plan upon completion of the negotiation process and published on any public-facing website of the LWIB.
- Negotiation Factors to be utilized by the LWIB and CEO, and the state during negotiations include:
- An account of how the levels involved compare with the negotiated levels of performance established by other LWIAs;
- Utilization of a Local Negotiation Tool that predicts simulated levels of performance using an objective Statistical Adjustment Model (SAM) provided by the State;
- An account of the extent to which the levels involved promote continuous improvement in performance accountability measures by the LWIA and ensure optimal return on investment of Federal and state funds; and
- An account of the extent to which the levels involved will assist the state in meeting performance goals established by the Secretaries of Education and Labor.
- LWIBs may use other verifiable and replicable data, historical performance information, tools, and resources.
- There is no specified weight on any specific negotiation factor.
- Negotiations of levels of performance are for two (2) program years at a time.
- Unless otherwise noted in a revision to this policy or as identified in a WIOA Notice, no renegotiation of levels of performance will occur.
- LWIBs and CEOs from each LWIA must appoint up to five (5) members of a local negotiating team which will be provided authority to negotiate and agree with the state on behalf of the LWIB and CEO on the levels at which each required performance goal under Title IB will be set.
- LWIB members and CEOs are strongly encouraged to be directly involved in these negotiations.
- All local negotiated levels of performance will be provided to the U.S. Department of Labor (USDOL) Region 5 office upon completion of negotiations.
- Adjusted levels of performance will be determined at the end of each program year utilizing a SAM to reflect the actual economic conditions experienced in the local area and characteristics of the actual individuals served.
Statistical Adjustment Model
Chapter: 3
Section: 5
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 8/16/2022 11:12:48 AM
Version: 2
Status: Current
Tags: Performance,
Reporting
A statistical adjustment model (SAM) is an objective regression model used to estimate levels of performance under the Workforce Innovation and Opportunity Act (WIOA).
A SAM is utilized during local negotiations and at the end of a program year (PY) to minimize the negative effects of serving those individuals with multiple barriers to employment which might otherwise be viewed as disincentivizing serving those with greater barriers. The SAM accommodates and recognizes those local areas serving a significant number of individuals with barriers to employment who need higher levels of service to achieve positive outcomes.
- States are provided a state SAM by the U.S. Department of Labor (USDOL) prior to states entering negotiations with the USDOL.
- States are to utilize the state SAM provided by the USDOL as the framework to develop a local SAM for use in local negotiations.
- The local SAM will be shared with the Local Workforce Innovation Board (LWIB)s prior to entering negotiations with the state.
- Before each two (2) year negotiation process, the State estimates levels of performance based on participant characteristics and economic conditions using an objective SAM.
- After each PY, the State will re-estimate the local area’s performance using the same objective model coefficients updated to reflect the actual characteristics of participants served and the actual economic conditions experienced to determine an adjustment factor.
- Future local SAM modeling is contingent on past capturing of actual characteristics of participants served and actual economic conditions, so it is imperative that all characteristics, such as barriers to employment, for all participants are documented.
- The local SAM is also used to determine adjusted levels of performance after the completion of each PY.
- Using the local SAM model, the adjustment factor is identified as a positive or negative difference that is added to the negotiated level of performance to determine the adjusted level of performance of participants who exited from the program(s) during the PY.
- The adjustment factor is the difference between the estimated levels of performance predicted by the local SAM prior to the local negotiations and the levels of performance re-estimated by the local SAM at the completion of the PY.
- The SAM will continue to be refined with each set of data collected from reporting on the WIOA primary indicators of performance and the Participant Individual Record Layout (PIRL) in addition to factoring into capture participant characteristics and economic conditions.
Assessing Performance
Chapter: 3
Section: 6
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 8/16/2022 11:37:30 AM
Version: 4
Status: Current
Tags: Performance,
Reporting
Local Workforce Innovation Board (LWIB)s are required to achieve positive outcomes in each of the applicable indicators of performance and other defined performance measures, as determined through local negotiations and the result of applying the Statistical Adjustment Model (SAM).
- Local negotiations provide LWIBs with performance goals as targets.
- Local negotiated levels of performance or performance goals provide benchmarks (or targets) at the beginning of each program year (PY) taking into account the expected economic conditions and expected characteristics of participants.
- These negotiated levels of performance provide an opportunity to build a workforce system that is continuously improving and allows for appropriate regional and local planning implementation.
- Adjusted levels of performance will be determined at the end of each PY utilizing a SAM to reflect the actual economic conditions experienced in the local area and actual characteristics of the individuals served.
- The adjustment factors of the SAM will be applied to the negotiated levels of performance to determine the adjusted levels of performance.
- Actual performance outcomes will be compared to the adjusted levels of performance to calculate an indicator score for each Title IB program indicator of performance.
- The indicator score will determine performance status.
- Assessment of LWIBs is conducted using the same framework as Illinois is evaluated, by assessing local performance on the following three criteria:
- Individual Indicator Score – actual performance outcome for each indicator of performance divided by the adjusted level of performance for each Title IB program (Adult, Dislocated Worker and Youth);
- Overall Program Score – the average of all individual indicator scores being assessed for each Title IB Program; and
- Overall Indicator Score – the average of all individual scores for each indicator of performance across all Title IB Programs.
- Beginning in PY 2021 each LWIB will be considered to have performed successfully if they achieve the following after the completion of each PY:
- All single Individual Indicator Scores are at least seventy percent (70%) of the adjusted level of performance;
- The Overall Program Score is at least ninety percent (90%) for all Title IB programs; and
- The Overall Indicator Score is at least ninety percent (90%) for all Title IB indicators of performance.
Performance Sanctions (Pending)
Chapter: 3
Section: 7
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 8/16/2022 11:41:47 AM
Version: 2
Status: Current
See Notice 21-NOT-01, Change 1 in Chapter 3.6.
Performance Sanctions Appeals (Pending)
Chapter: 3
Section: 7.1
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 4:20:23 PM
Version: 1
Status: Current
To be determined.
Performance Incentives Qualification and Eligibility Requirements (Pending)
Chapter: 3
Section: 8.1
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 4:17:21 PM
Version: 1
Status: Current
To be determined.
Performance Incentives Calculations (Pending)
Chapter: 3
Section: 8.2
Effective Date: 11/3/2021
Expiration Date: Continuing
Revision Date: 11/3/2021 4:18:26 PM
Version: 1
Status: Current
To be determined.
Service Delivery
Chapter: 4
Section: Effective Date: 5/26/2016
Expiration Date: Continuing
Revision Date: 3/16/2022 12:08:12 PM
Version: 3
Status: Current
Tags: One-Stop
PurposeThe Workforce Innovation and Opportunity Act (WIOA) and the implementing Federal Rule provide an operational framework for delivering integrated, comprehensive case management and employment services across the one-stop service delivery system. In Illinois, workforce development, education, and other partners come together to create and sustain a human-centered design approach to improve employment outcomes for all job seekers, focused on meeting the skilled worker needs of businesses.
Services delivered through the one-stop system are available in at least one (1) physically located comprehensive one-stop center, known as an Illinois workNet® American Job Center, or through technology. These services are intended to standardize programs by creating a common customer experience and a coordinated approach that addresses barriers contributing to poverty and unemployment by providing supportive services and employment and training services, including career counseling, job placement, and services to facilitate job retention.
Chapter 4 provides local workforce development boards and other workforce system partners with instruction and guidance regarding the operation and services of the one-stop delivery system as prescribed in Section 122 of WIOA and 20 CFR Part 676 of the WIOA Final Joint Rule.
One-Stop Services Under WIOA
Chapter: 4
Section: 1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 3/16/2022 12:20:58 PM
Version: 2
Status: Current
Tags: One-Stop
The One-Stop Delivery System is a shared responsibility of States, LWIBs, chief elected officials (CEOs), core and required one-stop partners, one-stop operators, and service providers. In Illinois, the one-stop delivery system includes six (6) core and ten (10) required programs as well as additional partners identified in WIOA under Section 121(b).
Under WIOA, one-stop centers and their partners:
- provide job seekers with the skills and credentials necessary to secure and advance in employment with family-sustaining wages;
- provide access and opportunities to all job seekers, including individuals with barriers to employment, such as individuals with disabilities, to prepare for, obtain, retain, and advance in high-quality jobs and high-demand careers;
- enable businesses and employers to easily identify and hire skilled workers and access other supports, including education and training for their current workforce;
- participate in rigorous evaluations that support continuous improvement of one-stop centers by identifying which strategies work better for different populations; and
- ensure that high-quality integrated data inform decisions made by policymakers, employers, and job seekers.
Required One-Stop Partners
Chapter: 4
Section: 1.1
Effective Date: 3/16/2022
Expiration Date: Continuing
Revision Date: 3/16/2022 12:32:11 PM
Version: 2
Status: Current
- In Illinois, each Local Workforce Innovation Board (LWIB) must ensure their local comprehensive one-stop centers dual branded as Illinois workNet® Centers and American Job Center includes the following programs (partners):
- Title I of WIOA including:
- Adults;
- Dislocated Workers;
- Youth;
- Job Corps (if the program is administered in the LWIA);
- Native American programs (if the program is administered in the LWIA);
- Migrant and Seasonal Farm Worker programs (if the program is administered in the LWIA); and
- Veterans Workforce programs.
- Wagner-Peyser programs (WIOA Title III);
- Adult education and literacy activities (WIOA Title II);
- Programs authorized under parts A and B of Title I of the Rehabilitation Act (other than section 112);
- Senior community service employment activities (Older Americans Act Title V);
- Career and Technical Education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act;
- Trade adjustment assistance under the Trade Act;
- Veterans’ employment representatives and disabled veterans outreach programs;
- Employment and training activities under the Community Services Block Grant program;
- Employment and training activities under the Department of Housing and Urban Development;
- Unemployment compensation programs;
- Programs under section 212 of the Second Chance Act; and
- Temporary Assistance to Needy Families (TANF) authorized under part A of title IV of the Social Security Act.
- LWIBs may also include, in the local comprehensive One-Stop, the following entities that carry out a workforce development program:
- Employment and training programs administered by the Social Security Administration, including the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act;
- Employment and training programs carried out by the Small Business Administration;
- Work programs authorized under the Food and Nutrition Act;
- Client Assistance Program authorized under section 112 of the Rehabilitation Act of 1973;
- Programs authorized under the National and Community Service Act; and
- Other appropriate federal, state, or local programs, including employment, education, and training programs provided by public libraries or in the private sector.
Required One-Stop Partner Requirements
Chapter: 4
Section: 1.2
Effective Date: 3/16/2022
Expiration Date: Continuing
Revision Date: 3/16/2022 12:36:54 PM
Version: 2
Status: Current
Tags: One-Stop
- All required partners must:
- Provide access to its programs and activities through the one-stop delivery system.
- Use a portion of funds made available to the partner's program, to the extent not inconsistent with the Federal law authorizing the partner's program, to:
- Provide applicable career services; and
- Establish and maintain the one-stop delivery system by working collaboratively with the state and local workforce innovation board.
- This includes jointly funding the one-stop infrastructure through partner contributions that are based upon:
- A reasonable cost allocation methodology by which infrastructure costs are charged to each partner based on proportionate use and relative benefit received;
- Federal cost principles; and
- Any local administrative cost requirements in the Federal law authorizing the partner’s program.
- Enter into a Memorandum of Understanding (MOU) with the Local Workforce Innovation Board (LWIB) relating to the operation of the one-stop delivery system that meets the requirements of WIOA and the Memorandum of Understanding (MOU) section of the policy manual which includes the Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services under the Workforce Innovation and Opportunity Act (WIOA) of 2014.
- Participate in the operation of the one-stop delivery system consistent with the terms of the MOU and requirements of authorizing laws; the Federal cost principles, and all other applicable legal requirements; and
- Provide representation on the LWIB as required by the board’s Membership Requirements and the LWIB Certification and Recertification Requirements sections of the policy manual.
Required Career Services
Chapter: 4
Section: 1.3
Effective Date: 3/16/2022
Expiration Date: Continuing
Revision Date: 3/16/2022 12:50:46 PM
Version: 1
Status: Current
Tags: One-Stop
- The Workforce Innovation and Opportunity Act (WIOA) authorizes basic career services, individualized career services, and follow-up services.
- Local Workforce Innovation Boards (LWIBs) must ensure that coordination between partner programs providing basic and individualized career services:
- Is described in the Memorandum of Understanding as outlined in the Memorandum of Understanding (MOU) section of the policy manual which includes the Governor’s Guidelines (See the Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services Under the Workforce Innovation and Opportunity Act (WIOA) of 2014 link on the References tab.);
- The list of career services required to be provided at the Illinois workNet Centers by partner program is included in the Governor’s Guidelines.
- Follows the guidance found in the One-Stop Delivery System Under WIOA section of the policy manual; and
- Strives to reach integration as outlined in the Service Integration section of the policy manual.
- Funds under the Title III Wagner-Peyser Act Employment Services program must be used to provide basic career services and may be used to provide individualized career services consistent with the Wagner-Peyser Act. Basic career services provided by the Title III Wagner-Peyser Act Employment Services program are available to anyone who is legally entitled to work in the United States regardless of age or employment.
- Although WIOA distinguishes levels of service, this distinction is not intended to imply that there is a sequence of services between basic and individualized career services or training. These services can be provided in any order which allows the flexibility to target services to the needs of the customer.
- Career services under this approach provide local areas and service providers with the flexibility to target services that meet the needs of the customer, while still allowing for tracking of outcomes for reporting purposes.
- Basic Career Services
- Basic career services are universally accessible and must be made available to all individuals seeking employment and training services in at least one comprehensive Illinois workNet Center per local area. Generally, these services involve less staff time and involvement. These services must be provided by both the Title IB Adult and Dislocated Worker programs, as well as the Title III Wagner-Peyser Employment Service program per 20 CFR 652.206.
- Basic career services include:
- Determinations of whether the individuals are eligible to receive assistance under WIOA Title IB;
- The information and other services available through the local Illinois workNet Center through:
- Outreach;
- Intake (which may include worker profiling); and
- Orientation.
- Initial assessment of the following:
- Skill levels;
- Aptitudes;
- Abilities; and
- Supportive service needs.
- Employment assistance including:
- Job search;
- Placement assistance; and
- Where appropriate, career counseling.
- Provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system;
- Provision of accurate employment statistics information relating to the local, regional, and national labor market areas, including:
- Job vacancy listings in such labor market areas;
- Information on job skills necessary to obtain the vacant jobs listed; and
- Information relating to local occupations in demand and the earnings and skill requirements for such occupations.
- Provision of performance information and program cost information for the following:
- Eligible providers of training services;
- Eligible providers of youth activities;
- Providers of adult education described in Title II;
- Providers of postsecondary vocational education activities and vocational education activities available to school dropouts; and
- Providers of vocational rehabilitation program activities.
- Provision of information regarding how the local area is performing on the local performance measures and any additional performance information concerning the one-stop delivery system.
- Provision of accurate information relating to the availability of and referral to supportive services, including (but not limited to):
- Childcare; and
- Transportation.
- Provision of information and meaningful assistance to individuals seeking assistance in filing a claim for unemployment compensation.
- Assistance in establishing eligibility for Programs of financial aid assistance for training and education programs that are not funded under WIOA and are available in the local area.
- Individualized Career Services
- Individualized career services to Title IB Adult and Dislocated Worker participants can only be provided after Illinois workNet Center staff determine that such services are required to retain or obtain employment, consistent with any applicable statutory priorities.
- The provision of individualized career services by the WIOA Title I Adult and Dislocated Worker programs must be based on the employment needs of the individual as determined jointly by the individual and the career planner and must be identified through an individual employment plan (IEP).
- Generally, individualized career services involve significant staff time since they must be customized to each individual’s needs.
- Individualized career services include:
- Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include:
- Diagnostic testing and use of other assessment tools; and
- In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals;
- Development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve his or her employment goals, including the list of, and information about, the eligible training providers;
- Group counseling;
- Individual counseling;
- Career planning;
- Short-term pre-vocational services including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct services to prepare individuals for unsubsidized employment or training;
- Internships and work experiences that are linked to careers;
- Workforce preparation activities;
- Financial literacy services;
- Out-of-area job search assistance and relocation assistance; and
- English language acquisition and integrated education and training programs.
- Follow-up Services
- Adults and dislocated worker participants who are placed in unsubsidized employment, must receive follow-up services for up to 12 months after the first day of employment. The state’s policy on follow-up services is detailed in the Follow-Up section of the policy manual.
- LWIBs must establish a Follow-up Services policy that aligns with the state’s policy and defines what are considered to be appropriate follow-up services, as well as policies for identifying when to provide follow-up services to participants.
Reporting Requirements for Services to Individuals with Disabilities
Chapter: 4
Section: 1.4
Effective Date: 3/16/2022
Expiration Date: Continuing
Revision Date: 3/16/2022 12:55:58 PM
Version: 2
Status: Current
- The Illinois General Assembly passed Public Act 093-0639, which amends The Department of Employment Security Law of the Civil Administration Code of Illinois. This law requires that the state agency responsible for oversight of the federal Workforce Innovation and Opportunity Act (WIOA) prepare a report for the Governor and the General Assembly regarding the progress of the Illinois workNet Centers in serving individuals with disabilities.
- Local Workforce Innovation Boards (LWIBs) have responsibility for oversight of the Illinois workNet system. LWIBs should assist in coordinating data collection among the local partners located in the Illinois workNet Centers.
- Initial Report
- The initial report will be a baseline to which the local areas will be compared in the future. The report must include, but is not limited to:
- The number of individuals referred to the Illinois workNet Centers by the Department of Human Services/Division of Rehabilitation Services (DHS/DRS);
- The total number of individuals with disabilities served by the Illinois workNet Centers;
- The number of individuals with disabilities served in federal Workforce Innovation and Opportunity Act employment and training programs;
- The number of individuals with disabilities annually placed in jobs by the Illinois workNet Centers; and
- The number of individuals with disabilities referred by the Illinois workNet Centers to DHS/DRS.
- This report, based on the previous state program year of July 1 through June 30, is due annually to the General Assembly no later than December 31.
- The Department is working in collaboration with the Illinois Department of Employment Security and the Illinois Department of Human Services/Division of Rehabilitation Services (DHS/DRS) to collect data from their reporting systems to assist with the reporting requirements. WIOA Title IB data to be used in the preparation of this report will be extracted annually from the Illinois Workforce Development System (IWDS) on September 1. Data extracted from reports such as the Target Population report will be compiled and used for items (ii), (iii), and (iv) of Public Act 093-0639. Item (v) of Public Act 093-0639 will be extracted from referral records from the LWIAs to DHS (or recorded on IWDS).
Career Planning
Chapter: 4
Section: 2
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 6/30/2023 2:18:44 PM
Version: 6
Status: Current
Tags: Adult,
Dislocated Worker,
One-Stop,
Youth
Career planning is a customer-centered approach in delivering services to prepare and coordinate comprehensive career (employment) plans for participants that ensures access to workforce activities and supportive services during program participation and continuing for one (1) year after job placement. Career planning is a continual service provided to adults, dislocated workers, and youth to ensure their success in the Workforce Innovation and Opportunity Act (WIOA) services.
Successful career planning is a collaborative and ongoing process rather than a one-time activity. The process is individualized to the job seeker and prepares them to obtain employment leading to self‐sufficiency and placing them on a lifelong learning path. Effective career planning includes assessment, career readiness activities, preparation, and training, along with appropriate job matching and placement ending with one (1) year of follow-up. Providing supportive services and conducting follow-up are essential to the success of the jobseeker.
Key components of career planning include building rapport, effectively communicating, identifying appropriate services, convening key service providers, connecting participants with services, creating a strong employment plan, motivating and encouraging, following up after an appointment(s), monitoring services, and follow-up after exit. Additionally, keeping accurate, timely, and descriptive records of career planning efforts through appropriate case management is essential.
Customer Engagement
Chapter: 4
Section: 2.1
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 11/23/2022 12:00:31 PM
Version: 3
Status: Current
- Engaging customers via the Illinois workNet Center or designated Workforce Innovation and Opportunity Act (WIOA) Title IB service provider can occur through self-service or staff-assisted activities. Minimally, customer engagement must be through:
- Program staff physically present at the center; or
- Direct linkage via technology as defined within the Governor’s Guidelines (See the Governor’s Guidelines to State and Local Program Partners Negotiating Costs and Services Under the Workforce Innovation and Opportunity Act (WIOA) of 2014 link on the References tab.)
- One-Stop Operators must ensure that staff, regardless of program, request identifying information to ensure tracking of WIOA self-service or informational services/activities.
- Local methods for tracking the number of reportable individuals and activities can include a swipe card, Resource Room Sign-In Form, or other local check-in procedure.
- Local policy should indicate the information necessary to conduct the tracking of services.
- All Personally Identifiable Information (PII) must be protected following procedures outlined in the Personally Identifiable Information section of the policy manual.
- Customers receiving self-service or informational services either in the resource room, virtually, or through partner referral are Reportable Individuals. WIOA Title IB self-service basic career services, also known as Local Services, received by Reportable Individuals are to be recorded in the appropriate case management system.
- In the Illinois Workforce Development System (IWDS), these services must be captured under Local Services. Local Administrators are responsible for populating the list of services displayed on the Add Local Services screen.
- It is imperative that local areas are accurately capturing in IWDS the local services being provided so that all services provided through the local Illinois workNet centers are being reported to the U.S. Department of Labor (USDOL).
- It is also important to note they are not included in the performance measure calculations.
- Once the services require staff assistance (defined as individualized career services for WIOA Title IB), the individual is required to be registered as a participant.
- The individual must apply for services and be determined eligible as outlined in the Application for Services and Eligibility Determination section of this policy to register for the program.
- WIOA Title IB Adults and Dislocated Worker reportable individuals who are determined eligible and receive staff-assisted career services would be considered participants and thus, be included in performance calculations.
- WIOA Title IB Youth reportable individuals who are determined eligible, receive an assessment, and receive a program element (a staff-assisted individualized career service) would be considered participants and, thus, be included in performance calculations.
- For further information regarding information collection for reportable individuals, see the General Eligibility Requirements section of the policy manual.
- One-Stop Operators must ensure coordination of services, and therefore may consider creating an operation manual that outlines career planning best practices towards that requirement.
Application for Services and Eligibility Determination
Chapter: 4
Section: 2.2
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 12/1/2021 3:11:59 PM
Version: 2
Status: Current
- Individuals seeking Workforce Innovation and Opportunity Act (WIOA) Title IB services beyond self-service that require registration into the program must complete a WIOA application.
- The career planner:
- Enters the application information into the appropriate case management system.
- Determines eligibility for WIOA Title IB following the applicable Eligibility section of the policy manual using the appropriate case management system, which takes the responses put into the application and displays all titles for which the applicant might be eligible.
- The eligibility determination date must be within thirty (30) days of the application date.
- Must securely collect the required documentation to support answers given to the application’s questions and certify the applicant in any title (Adult, Dislocated Worker, and Youth).
- The list of acceptable documentation to support eligibility for each title is provided in the Eligibility section of the policy manual.
- Career Planners must document information to determine priority of service under WIOA as outlined in the Service Priorities section of the policy manual.
- Must certify the applicant as eligible under WIOA Title IB before enrolling an individual in various activities and services within the appropriate case management system.
- An individual is still considered to be an applicant after having their eligibility certified until they have been enrolled in a WIOA Title IB service.
- The applicant must be enrolled in a WIOA Title IB service within forty-five (45) days from the date their eligibility was certified.
- If more than forty-five (45) days have elapsed, the application will be locked and the career planners will have to establish a new eligibility certification date.
- Once an individual is enrolled in a WIOA Title IB service, they are considered to be a registrant.
- An individual could meet WIOA Title IB Eligibility criteria under several different WIOA titles (Adult, Dislocated Worker, and Youth) but would only be required to have the eligibility certified under the title(s) that the client will be enrolled in services.
- The applicant’s eligibility certification date must be within thirty (30) days of the application date.
- If more than thirty (30) days have passed, career planners will have to update the application with current information and establish a new application date.
Basic Skills Screening Tool
Chapter: 4
Section: 2.3
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 12/1/2021 3:17:31 PM
Version: 2
Status: Current
- The Workforce Innovation and Opportunity Act (WIOA) establishes a priority of service to provide individualized career services, training services, or both, to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient.
- The Basic Skills Screening Tool (screening tool) found in the Basic Skills Screening Tool for Priority of Service and Referrals section of the policy manual was developed to provide another mechanism for determining basic skills deficiency by identifying youth or adults who are unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job which meets the second part of the WIOA definition of basic skills deficient.
- The screening tool will help identify if an individual is basic skills deficient for the purposes of priority of service for Adults, referrals for Adults or Dislocated Workers, and eligibility for Youth. If a participant is referred to Title IB from Title II and already has Adult Basic Education (ABE) or English Language Learners (ELL) scores within six (6) months, then the Basic Skills Screening Tool would not be required with validated assessments.
- The screening tool is to be given prior to conducting any assessment test;
- The screening tool is not an assessment included as part of a career service for Adults or Dislocated Workers or a component of the objective assessment for Youth and may not be used as the sole method for assessing customer needs to achieve education and employment goals;
- Adults and Dislocated Workers who answer “No” to the question regarding having a high school diploma, General Education Development (GED) certificate, or High School Equivalency Diploma (HSED) should automatically be referred to adult basic education services through Title II; and
- If the screening tool identifies an individual as basic skills deficient, career planners as appropriate are to do one or more of the following:
- Provide Adults with priority of service;
- Document this as a basic skills deficiency for the purposes of eligibility for Youth;
- Refer Adults and Dislocated Workers to adult basic education services through Title II; or
- Facilitate referrals for participants with identified barriers to the appropriate WIOA partner or program within the community for service.
- Basic skills deficiency assessments as outlined in the Assessment Process for Basic Skills Deficiency section of this policy are then completed to meet the portion of the legislatively mandated Youth assessment which includes an assessment of basic skills and to support an Adult and Dislocated Worker participant’s ability to do the level of work required for the training program they are attempting to enter.
Assessments
Chapter: 4
Section: 2.4
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 1/21/2022 1:54:38 PM
Version: 3
Status: Current
- A thorough assessment is the foundation for understanding the participant’s employment goals, existing skills, career readiness, and determining all appropriate barriers to education or employment that may exist. It is not a one-time activity. Nor is it a one-size-fits all approach. Assessment is an ongoing extension of the intake process and guides the career planner’s development of the Individual Employment Plan (IEP) for Adults and Dislocated Workers or the Individual Service Strategy (ISS) for Youth.
- For the Adult and Dislocated Worker programs, the assessment process is two (2) phases.
- During intake, the assessment will determine a customer’s interests, skills, and needs. This initial assessment provides preliminary information about the individual’s skill levels, aptitudes, abilities and supportive service needs. It forms the basis for determining suitability as part of informed customer choice and the development of the IEP. At a minimum the following areas must be addressed:
- Interest and skills inventory;
- Essential employability skills;
- Digital literacy assessment;
- Financial literacy assessment;
- Basic skills deficiency;
- Barriers to employment;
- Determination of referrals; and
- Supportive services.
- After enrollment, the assessment builds off information gathered at intake and assists with informing the IEP development. As with the assessment during intake, career planners must address informed customer choice when determining suitability for training in a particular career pathway. At a minimum, the continuation of the assessment must address the following areas:
- Employment goals;
- Suitability for employment and/or training program;
- Review of training options including work-based learning and/or traditional training through an Individual Training Account (ITA) by a training provider that is on the Eligible Training Provider List (ETPL) if training is needed to meet employment goals;
- The training service must align with the participant's existing skills and career readiness using the results from the interest and skills inventory.
- The career planner must facilitate a process that provides the particpant with an informed choice of training options.
- Barriers to employment for the chosen career pathway (e.g., criminal history, substance abuse);
- Determination of referrals (coordination with partner programs or community organizations that provide training and education resources);
- Supportive services (as supportive service needs may change if attending training);
- Progress Reporting; and
- Follow‐up.
- For the Youth program, career planners must follow a comprehensive and objective assessment process during intake that considers the youth’s skills, interests, and service needs. Note that the assessment of the youth participant occurs prior to the certification of eligibility. At a minimum, the following areas must be covered as part of the comprehensive and objective assessment:
- Interest and skills inventory;
- Prior work experience;
- Essential employability skills;
- Digital literacy assessment;
- Financial literacy assessment;
- Basic skills deficiency;
- Developmental needs;
- Career goals;
- Suitability for employment and/or training program;
- Review of training options that align with interest and skills inventory;
- Barriers to education or employment;
- Determination of referrals;
- Supportive services;
- Progress Reporting; and
- Follow‐up.
- When conducting the assessment, the Career Planners must use the assessment tool(s) appropriate for the participant. For example, when assessing interests, what is suitable for adults may not be suitable for youth.
- Several assessment types may be given, including interests, aptitudes, skills, assessing barriers, and others in addition to the required basic skills reading and math assessments to attend training.
- Career Planners must use an Illinois Community College Board (ICCB) approved assessment test appropriate for the participant to determine a potential need for remediation or if the reading, math, or language levels meet the enrollment requirements of a training program.
- Local programs must provide reasonable accommodation in the assessment process, if necessary, for individuals with disabilities.
- Assessments must evaluate and identify suitability of the participant when developing the employment goals, appropriate achievement objectives, and the needed combination of services to address barriers. Suitability includes working with the participant on:
- Aligning career goals to interests, skills, and abilities;
- Reviewing occupational profiles and employment outlooks for the selected occupation. This not only includes wage information and training needed but also includes what employees actually do in the job;
- Researching the career services that are needed to achieve the participants' employment goals;
- Researching the training services that are needed to achieve the participants’ employment goal that includes, but is not limited to:
- Evaluating the participant’s preferred training delivery method (traditional classroom, virtual, hands-on);
- Assessing the cost and the length of the training program; and
- Considering work-based learning opportunities including, but not limited to, Registered Apprenticeships, On-the-Job Training, Transitional Job, and/or work experience.
- Researching the supportive services that are needed to achieve the participants' employment goals.
- Discussions with the participant should always be grounded in informed customer choice to ensure sound career decisions and supporting the best use of Workforce Innovation and Opportunity Act (WIOA) funds. Career Planning staff must assist participants in making informed career decisions based on accurate information and knowledge and ensure they are prepared with the skills needed to fill hiring opportunities in in-demand sectors and career pathways in high wage occupations.
- Formal assessments that occurred within the last six (6) months, provided by the participant or a WIOA partner program, are acceptable to use. However, they must address a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes, supportive service needs, and developmental needs.
Individual Employment Plan (IEP) and Individual Service Strategy (ISS)
Chapter: 4
Section: 2.5
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 8/2/2022 11:40:58 AM
Version: 3
Status: Current
- Like the assessment, the Career Plan (Individual Employment Plan (IEP) or the Individual Service Strategy (ISS)) is a living document that identifies employment and education goals as part of a career pathway, objectives, and the appropriate combination of services for the participant to reach the goals. It is to be developed collaboratively between the career planner and the participant with mutually established goals.
- The IEP or ISS must be developed after an objective assessment and reflect the expressed interests and needs of the participant. Once developed, it must be signed by the participant and properly documented in the approved case management systems. A copy should be provided to the participant, and a hard copy placed in the file. The development of the IEP must follow this policy as well as the Training section of the policy manual where applicable.
- All active participants must have an IEP/ISS with at least one (1) open goal with at least one (1) open objective. The IEP/ISS should be written with a S.M.A.R.T.E.R objective:
Specific |
Identify specific short/long-term goals. Specific objectives are the action steps that outline exactly what the participant should do to achieve their goal(s). |
Measurable |
Define how progress will be tracked. Goals are measurable by the completion of objectives. Measurable goals have benchmarks allowing the participant to see the progress towards successfully achieving goals. |
Attainable |
Goals and objectives are attainable if the participant can be realistically expected to complete the goal within the timeframe agreed upon. |
Relevant |
Goals and objectives must be relevant to what the participant is trying to achieve. An appropriate objective will be an action step toward completing the goal. The use of the comprehensive and specialized assessments will guide with creating relevant goals and objectives. |
Time-Driven |
There should be a target date of progress and completion. A goal without a commitment to a schedule or target dates tends to be forgotten or neglected. This will keep the participant on track and both parties accountable. Goals and defined as short, intermediate, or long-term. |
Evaluate |
Goals, objectives, activities/services, and case notes should be reviewed to assess the success or failure in achieving a participant’s IEP/ISS completion. |
Reflection and Adjustment |
Reflection is a great way for a participant to increase confidence and be more proactive and excited to complete their plan. If any goal changes occur, the plan must be adjusted and mutually agreed upon with the participant. |
- The IEP, which is an individualized career service, is required to be one of the first services provided to a Workforce Innovation and Opportunity Act (WIOA) Title IB Adult or Dislocated Worker participant since it describes the ongoing strategy for the participant to achieve their goals.
- At a minimum, the IEP must identify and document:
- Goals and Objectives:
- Short-term (training or employment) goal(s);
- Long-term (employment) goal(s) that:
- clearly documents the career pathway to attain the career objectives; and
- includes a review of the demand occupations list.
- Intermediate objectives will be required to meet the goals listed and required training components (remedial, pre-requisites, skills, work-based training, etc.).
- Justification as to why the short-term and long-term goals are appropriate for the participant and must be:
- Based on assessment information, an interview with the participant, and skills obtained from previous employment;
- Include an explanation of the skills gap that the IEP is designed to overcome. A skills gap is the significant gap between the skills required by the employer and the current capabilities of the applicant; and
- Include barriers to employment and/or participant needs, if applicable.
- The appropriate sequence and mix of services to address the unique strengths, challenges, and needs of the participant to obtain the training or employment goal(s);
- For participants that require training services, the IEP or ISS must include information on the eligible training programs and training providers that are researched on the State of Illinois Eligible Training Provider List to determine the training programs that are the most suitable to the participant’s needs.
- The IEP and case notes must document the conversations between the career planner and the participant that assisted the participant in making an informed choice in selecting a training program if appropriate. Conversations must include discussions on local labor market conditions, including but not limited to the unemployment rate, local employer skill demands, hiring pre-requisites, and in-demand occupations in the area. Considerations must include if the training is suitable for the participant and if the targeted occupation and industry will lead to sustainable employment.
- Identification of all barriers and/or needs that may prevent the participant from obtaining employment or participating in training. The IEP must document the services that are provided to address the participant’s barriers including, but not limited to Career Service, Supportive Services, Needs-Related Payments, and referrals to partner agencies for additional assistance such as childcare, counseling, or other applicable programs;
- The direct link to one or more of the performance indicators (e.g., unsubsidized employment, median earnings, credential attainment – postsecondary training for youth, or measurable skills gain); and
- A method for tracking progress and identifying next steps including, but not limited to follow-up on open goals, objectives, and services.
- The ISS is required to be completed after the objective assessment prior to youth being enrolled in WIOA Title IB. It must be the first service recorded in the appropriate case management system. The ISS must document and address the following:
- A summary of all goals and objectives established with additional information focusing on activities and tools used for achievement;
- Identify an appropriate career pathway;
- Documentation of the services provided to the participant including, but not limited to the fourteen (14) required WIOA Title IB Youth elements;
- A summary of action steps to eliminate or minimize any barriers including, referrals to partner agencies for assistance with childcare, transportation, counseling, etc.;
- The direct link to one or more of the WIOA Title IB performance indicators; and
- A method for tracking progress and identifying next steps including, but not limited to follow-up on open goals, objectives, and services.
- The IEP or the ISS is an ongoing process requiring routine review and updates as additional needs are identified or goals are achieved.
- A review of the IEP/ISS must occur on a regular basis, at least once every ninety (90) days, unless the IEP/ISS is updated sooner as a result of regular thirty (30) day contact;
- Career planners must conduct two-way communication with the participant that can include phone, email, text, or other methods to address any successes such as the completion of a goal ahead of the established timeline as well as any problems, challenges, or difficulties the participant may be facing that would warrant changes to the IEP or ISS;
- All evaluation and revisions to the IEP or ISS shall be made collaboratively with the participant's consent. Significant changes include such things as changing type of training, employment goal, or change in supportive service needs;
- The development and subsequent changes of the IEP or ISS must be documented in services according to the same-day services portion of the Service Documentation (Case Management) section of this policy under the applicable service of either Development of an IEP or Development of an ISS. Any associated case notes must be recorded in Case Notes as outlined in the Case Note section of this policy.
- A copy of the completed (or updated) and signed IEP or ISS shall be provided to the participant, recorded in case notes, and updated on the hard copy in the participant file.
Service Documentation (Case Management)
Chapter: 4
Section: 2.6
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 3/15/2024 10:30:48 AM
Version: 4
Status: Current
- Career Planners must maintain regular contact with participants to provide timely services to address the participant’s specific needs to support the goals outlined in the IEP or ISS. For most participants and situations, regular contact is defined as two-way communication that occurs every thirty (30) days.
- Participants should see the same Career Planner for check‐ins and return visits/appointments until the participant exits the system. The participant should be notified if the Career Planner changes and should be offered an opportunity for an introductory meeting with the new career planner as soon as mutually convenient.
- The career planner must utilize the WIOA Title IB Services Matrix with Definitions attachment that defines the WIOA Title IB services that should be tailored to address the participant’s unique strengths, challenges, and needs.
- Three pre-enrollment activities are required prior to “registering” WIOA Youth.
-
These activities must occur between staff and youth and be documented and entered in IWDS.
-
The following activities must be entered into IWDS before a Youth program element can be recorded:
-
Youth Career Planning (Case Management)
-
Youth Comprehensive and Specialized Assessments
-
Development of an Individual Service Strategy (ISS)
-
No specific sequence or order is required.
-
Youth will not be a “Registrant” (“Participant”) until all three pre-enrollment activities and at least one of the 14 program elements is provided.
-
The first enrolling Youth program element in IWDS must be:
-
Completed within 45 days of the WIOA Youth eligibility certification date; and
-
Dated on or after the end date of the latest of the three non-enrolling Youth activities.
- The Department of Commerce and Economic Opportunity’s Office of Employment and Training (OET) created same-day services in the Illinois Workforce Development System (IWDS) to more efficiently capture some of the applicable services.
- The services considered same-day services are listed as such in the WIOA Title IB Service Matrix with Definitions attached to this policy.
- Those services are only to be recorded when first received. Any subsequent service provision is to be captured by adding an Additional Service Episode to the original service record with supporting case notes.
- Example: A participant receives job search services from the Career Planner on April 6, and the Career Planner records the service in IWDS the same day. The next time job search services are provided to the participant; it would be recorded as an Additional Service Episode with supporting case notes of the original service. In this example, the participant received additional job search services on April 10, and the Career Planner added an Additional Service Episode to the original Job Search service along with case notes with an April 10 date. This then changes the end date of the original Job Search service to April 10.
- Adding an Additional Service Episode will update the participant’s last service date even if no other services are provided. So, this mechanism should NOT be used when a participant is no longer actively participating in WIOA services.
- Documentation of any completed assessment must follow policy, be recorded in the career planning system (IWDS or Career Connect), and documented on the IEP/ISS forms.
- The Narrative tools on the Assessment Summary in IWDS must be utilized to record information gleaned from the Career Planner related to the different assessment cateogories. The narrative should incorporate what the assessment results mean, not just documentation of the test outcomes.
- The Employment Goals portion of the Assessment Summary provides an area to record items such as the participant’s wage goal, ability to work different shifts, distance willing to travel, and other information from conversations between the participant and the Career Planner.
- The Income and Expenses section is designed to assist the participant and Career Planner in evaluating the participant’s ability to support him or herself and their family while they are in the WIOA funded training program.
- All WIOA Title IB services provided to a participant must be entered into the appropriate case management system within ten (10) calendar days of the service delivery.
- The entry of services should be combined with case notes (whether a standard case note or a case note attached to an episode of a same-day service) to describe each service and provide any other notable information as detailed as outlined in the Case Notes section of the policy.
- Services can only be recorded on or after the certification date. Therefore if any services such as an initial assessment for Adults or Dislocated Workers are provided prior to the certification date, they must be entered as being provided on the certification date under the Comprehensive and Specialized Assessment service, and a case note must be added to record the actual date of the service.
- The service screen must reflect all of the services that have been or are currently being provided to the participant.
- Service records must be closed/ended with an indication of completion status (successful or unsuccessful) within ten (10) days of learning of the completion of the service.
- Outcomes of education and training services such as credentials and/or Measurable Skill Gains attained must be entered within ten (10) days of learning of the attainment.
- For Chicago Cook Workforce Partnership providers that use Career Connect as a case management system, guidance on data entry specific to Career Connect can be found at the link in the Resources tab.
- All data entry time requirements addressed in this policy must also be followed by career planners using Career Connect.
- All documentation must be contained in the participant’s physical case file and be available for review, as requested during compliance monitoring.
- Career planners are to upload all relevant documentation contained in the participant’s physical case file into the appropriate case management system as directed by OET monitoring staff for remote monitoring and data validation purposes by the State and the U.S. Department of Labor (USDOL).
Case Notes
Chapter: 4
Section: 2.7
Effective Date: 11/30/2021
Expiration Date: Continuing
Revision Date: 5/4/2022 11:36:23 AM
Version: 3
Status: Current
- Case notes and file maintenance are vital to quality service and reporting. They reflect the results of continuous career planning in detail so that the participant’s status is easily determined.
- The case notes for an open active service must document ongoing two-way communication between the career planner and participant that describes how the service (career, training, supportive) or activity moves the participant toward their goals.
- Case notes must be entered into the appropriate case management system within ten (10) calendar days of the service delivery and the regular contact (typically thirty (30) days).
- Case notes should also indicate cross-program coordination of services and contacts with staff in other programs.
- Career Planners must identify the partner programs from which the participant receives services on the Concurrent Programs screen in the Illinois Workforce Development System (IWDS).
- Case notes and file maintenance are to reflect the results of continuous career planning in detail so that the participant’s status is easily determined. The quality of the case notes is imperative to assist in monitoring efforts.
- In addition to the case notes that are entered to describe the Workforce Innovation and Opportunity Act (WIOA) services and regular contact, the participant case note history must reflect the following information as appropriate:
- Introduction: A complete description of the status of the individual at participation including an explanation of their overall need for services. This case note will elaborate on eligibility, intake, and assessment results to give a clear picture of the individual, their barriers, strengths and skills, training preferences, and possible support service needs.
- Determination of Training Need: The career planner must document the suitability of the training/retraining program with participant’s needs. In cases where training/retraining is required for a participant to enter or re‐enter the workforce successfully, the training selected must be directly linked to employment opportunities in the local area or the planning region or in an area to which a participant is willing to commute or relocate.
- Training Begin Date (if applicable): A case note must be entered when the participant enters training and is to include the date the training began, training program, training provider/school, approximate cost, and planned end date.
- Training End Date (if applicable): A case note must be entered to reflect that the participant’s training has ended and include the following – date training ended, the name of the program, whether the participant completed the training, and credential/license status.
- Service Closure/Exit: A full description of the participant’s status at exit must be case noted and include employment/non‐employment, employer name, hire date, hours, and wage. Any exclusion must also be described; and
- Follow-up: A full description of the follow-up services and information provided to WIOA Title IB participants.
- In instances when a participant is no longer actively participating in WIOA Title IB services, case notes should be documented as standard case notes and NOT documented within a same-day service as an Additional Service Episode in IWDS so as not to extend participation in WIOA Title IB and/or the Exit date.
- Similarly, participants that are only receiving Disaster Relief Employment Services through a National Dislocated Worker Grant (NDWG) and do not receive traditional career or training services must have case notes recorded as a standard case note since they can not be recorded under the Career Planning service due to it being a career service.
- Career planners are advised to work with the Department of Commerce and Economic Opportunity’s Office of Employment and Training (OET) program and grant managers regarding the documentation of services that are associated with the administration of non-formula WIOA grants.
General Follow-Up Services
Chapter: 4
Section: 3
Effective Date: 6/18/2020
Expiration Date: Continuing
Revision Date: 4/18/2024 3:16:45 PM
Version: 8
Status: Current
Tags: Adult,
Dislocated Worker,
Exit,
One-Stop,
Youth,
Supportive Services,
Career Services,
Follow-Up
The Workforce Innovation and Opportunity Act (WIOA) requires states and local areas to set policies on twelve (12)-month follow-up services. This section of the policy manual addresses the types of follow-up services and the timetables for when they occur for individuals in the WIOA Adult, Dislocated Worker, and Youth programs.
- Follow-up services:
- Are defined as two-way exchanges between the WIOA Title I service provider and the individual (or the individual’s advocate or employer) and are designed to provide support and guidance to ensure sustained employment, earning of post-secondary credentials, wage increases, and advancement of career goals;
- Are those services above and beyond the act of contacting individuals for securing performance reporting documentation; and
- Verifying information, such as ensuring an individual is still employed, is not considered follow-up.
- Can occur by telephone conversation, in person, or via email (or other social media).
- While sending a letter or leaving a voicemail might be communication, neither is acceptable if no interaction or provision of service took place.
- Local Workforce Innovation Boards (LWIBs) must establish and implement local follow-up services policies following this guidance.
- The availability of follow-up services should be discussed with the participant at the beginning of an individual’s interaction with the career planner to set the expectation for seamless communication throughout their participation in the program.
- Evaluation to determine the need and level of intensity for follow-up services to meet the needs of the individual should be ongoing during participation and the follow-up period.
- In the Adult and Dislocated Worker program, these services are a way to determine if adults or dislocated workers need support for retaining employment, earning wages, or advancing in the workplace.
- For youth, these services are critical to ensuring they are successful in a job or postsecondary education and training.
- Follow-up should be as often as necessary throughout the required twelve (12) months.
- At a minimum, it should occur at least every thirty (30) days for the first three (3) months and then must occur once a quarter for the remainder of the twelve (12)-month period. This aligns with quarterly post-exit reporting requirements.
- Documentation must be entered as a case note in the appropriate case management system each time throughout the twelve (12) months the career planner contacts the participant.
- Follow-up services do not delay program exit.
Required Follow-Up for Adult and Dislocated Workers Programs
Chapter: 4
Section: 3.1
Effective Date: 6/18/2020
Expiration Date: Continuing
Revision Date: 6/30/2023 2:16:41 PM
Version: 3
Status: Current
Tags: Adult,
Dislocated Worker,
Exit,
One-Stop,
Youth,
Supportive Services,
Career Services,
Follow-Up
- Training and Employment Guidance Letter (TEGL) 19-16 requires that follow-up services must be provided for up to twelve (12) months after the first date of employment for adults and dislocated workers who are placed in unsubsidized employment.
- For participants in work-based learning opportunities that result in unsubsidized employment, such as On-the-Job Training (OJT), this would be the first day after the OJT is no longer subsidized by local area funds.
- Follow-up services are tied to the first date of unsubsidized employment and are not tied to the date of program exit for adults and dislocated workers who have been placed in unsubsidized employment.
- Follow-up services are not allowed under the Workforce Innovation and Opportunity Act (WIOA) when an adult or dislocated worker does not obtain unsubsidized employment.
- Follow-up services are provided in support of unsubsidized employment, whereas career and training services support the participant's ability to enter unsubsidized employment.
- At the point adults and dislocated workers are placed in unsubsidized employment during program participation, the career planner must transition the participant into follow-up services when the last service has been received, and no future services are planned.
- This allows the career planner to provide follow-up services during the ninety (90) day program exit clock so that if the participant needs additional assistance, it can be provided even though they already started follow-up since they are still a participant.
- If the participant needs services within the ninety (90) day timeframe, the follow-up can count as career planner contacts.
- When an adult or dislocated worker participant obtains unsubsidized employment while still receiving an active, open WIOA service, currently, the appropriate case management system does not allow a Follow-Up Service to be opened; however, follow-up must be provided.
- In this instance, documenting the follow-up in case notes should be included and recorded during the routine, two-way communication between the Career Planner and the participant.
- Career Planners should enter case notes along the lines of “transitioned to follow-up services today, as the participant is done receiving services” or “closed this case administratively (not an exit) and am moving into follow-up because the participant needs no more services.”
- Only when the individual completes career, training, and supportive services planned and outlined in the Individual Employment Plan (IEP) and the services are closed can a career planner open a follow-up service and enter a case note of the action in the appropriate case management system.
- Career planners must understand program exit, which is ninety (90) days after the last enrolling service has been closed, is separate from providing follow-up services for adults and dislocated workers.
- Local Workforce Innovation Boards (LWIBs) must establish policies that define what are appropriate follow-up services, as well as policies for identifying when to provide follow-up services to adult and dislocated worker participants.
- Follow-up services must be provided as appropriate.
- Participants with multiple employment barriers and limited work histories may need more significant follow-up services.
- Additionally, this helps to identify an area of weakness that will affect their ability to progress further in their occupation or in retaining employment.
- A variety of follow-up services may meet the needs of the participant. Below is a list of activities, but is not limited to the following:
- Counseling individuals about the workplace;
- Contacting individuals or employers to help secure better-paying jobs, additional career planning, and counseling for the individual;
- Assisting individuals and employers in resolving work-related problems;
- Connecting individuals to peer support groups;
- Providing individuals with information about additional educational or employment opportunities; and
- Providing individuals with referrals to other community resources.
- The documentation addressing the need and type of the activities provided in follow-up must be entered into general case notes.
- Case notes are not to be added to the Individual Employment Plan (IEP) or any other enrolling service such as Career Planning and will alter the true last day of services and, therefore, the exit date.
- Supportive services cannot be provided in association with follow-up services for WIOA Adult and Dislocated Worker participants.
- However, a participant could receive supportive services associated with an active enrolling career and/or training service if they are concurrently receiving Follow-up Services following the first date of unsubsidized employment.
- After ninety (90) days following exit, if a former participant is not responsive, cannot be located, or refuses to provide information, the career planner may close follow-up services.
- The case notes must document the unresponsiveness of the former participant as the thirty (30) day contact requirements outlined in the Case Notes section of this policy manual as the reason for discontinuation.
- Upon completing all follow-up services, the service must be closed, and the end date populated in the appropriate case management system.
Required Follow-Up for Youth Program
Chapter: 4
Section: 3.2
Effective Date: 6/18/2020
Expiration Date: Continuing
Revision Date: 6/30/2023 8:02:37 PM
Version: 4
Status: Current
Tags: Adult,
Dislocated Worker,
Exit,
One-Stop,
Youth,
Supportive Services,
Career Services,
Follow-Up
- For youth, follow-up services are critical services provided following a participant’s exit from the program to help ensure their success in employment and/or postsecondary education and training.
- The goal of follow-up services for youth is to enable participants to continue life-long learning and achieve a level of self-sufficiency to ensure job retention, wage gains, and postsecondary education and training progress.
- Follow-up services must be made available to all Workforce Innovation and Opportunity Act (WIOA) youth for a minimum of twelve (12) months from the date of program exit.
- The date of program exit:
- Cannot be determined until ninety (90) consecutive days have lapsed since the last qualifying participant-level service;
- Is set retroactively back to the date of the last enrolling/qualifying service; and
- Is further outlined in the General Requirements for Program Exit section of the policy manual.
- Follow-up services do not change or delay exit as they can only occur after program exit in the Title I Youth program.
- Follow-up must include more than contact or attempted contact and follow-up activities must be provided.
- Follow-up services for youth may include, but are not limited to, the following program elements:
- Supportive services, if funding is available and the need for supportive services are supported in the Individual Service Strategy (ISS);
- Adult mentoring;
- Financial literacy education;
- Services that provide labor market and employment information (LMI) about in-demand industry sectors or occupations available in the local area, such as career awareness, career counseling, and career exploration services;
- Activities that help youth prepare for and transition to postsecondary education and training; and
- Other services necessary to ensure the success of the youth in employment and/or postsecondary education.
- The documentation addressing the need and type of the activities provided in follow-up must be added to the ISS since that is a non-enrolling service and will not alter the true last day of services and, therefore, the exit date.
- Case notes in the ISS must provide documentation of the need for youth to be provided an allowable youth program element (i.e., supportive services) as part of follow-up services.
- However, the Final Regulations at Section 681.580 allow for youth to decline follow-up services altogether.
- There are two (2) options for youth who are not responsive to attempted contacts for follow-up and those youth who cannot be located making it impossible to provide follow-up services during the twelve (12)-month follow-up period.
- Unable to Locate (Youth Only). The career planner has determined that in the event a youth participant cannot be located, the case notes should record all efforts that were taken to locate the individual. These same methods must be periodically utilized through at least the first two (2) quarters following exit.
- Opting Out (Youth Only). Youth in the twelve (12)-month follow-up period may request to opt out of follow-up services at any time. The request to opt-out or discontinue follow-up services must be clearly documented in the case notes. Career planners should not encourage youth to opt out of these services.
- In instances where well-documented case notes that the youth opted out or were not responsive to follow-up, career planners may wish to reach out to employers to confirm employment and wages. It is especially important for those individuals who work for an employer who does not pay into the Illinois Department of Employment Security (IDES).
- If the youth is participating in post-exit education or training, the career planner may wish to contact the educational institution.
- Neither are allowable follow-up activities, but they will provide meaningful information for the Youth program and could assist in identifying a positive performance outcome.
- While it can be documented in a case note, it cannot be recorded as a follow-up service in the appropriate case management system.
- When reaching out to an exited youth to secure documentation for reporting, a performance outcome does not constitute an allowable follow-up activity.
- Although this is an acceptable follow-up activity allowed under the Adult and Dislocated Worker programs, it is not for the Youth program.
- Although contacting an individual to secure documentation to report a performance outcome does not constitute a follow-up service, it can be used in conjunction with other follow-up activities.
- Upon completing all follow-up services, the activity must be closed, and the end date populated in the appropriate case management system.
- Local programs must have policies to establish when a youth participant cannot be located or contacted.
Program Eligibility
Chapter: 5
Section: Effective Date: 4/13/2016
Expiration Date: Continuing
Revision Date: 1/25/2022 10:20:07 AM
Version: 2
Status: Current
Tags: Eligibility
PurposeThe Workforce Innovation and Opportunity Act (WIOA) is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and match employers with the skilled workers they need to compete in the global economy. These services are offered through the American Job Center system in Illinois, referred to as the Illinois workNet Center/American Job Center.
Under WIOA, the law identifies those potentially eligible to receive services as adults, dislocated workers, and youth.
Adults – this program serves individuals and helps employers meet their workforce needs. It enables workers to obtain good jobs by providing job search assistance and training opportunities. WIOA establishes a priority requirement for funds allocated to a local area for adult employment and training activities. This priority is regardless of funds available to provide services in the local area. When using WIOA Adult funds to provide individualized career services and training services, American Job Center staff must prioritize recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient. In addition, veterans receive priority of service in all DOL-funded employment programs.
Dislocated Workers – is a program designed to help workers get back to work as quickly as possible and overcome barriers to employment. When individuals become dislocated workers due to job loss, mass layoffs, global trade dynamics, or transitions in economic sectors, the Dislocated Worker program provides services to re-entering the workforce.
Youth - offers a comprehensive set of employment services for eligible youth, ages 14-24, who face education, training, and employment barriers. Fourteen program elements focusing on education and career readiness must be made available to youth participants. The Youth Program focuses primarily on out-of-school youth, requiring local areas to expend a minimum of 75% of WIOA youth funds on them. WIOA prioritizes work experience through a 20% minimum expenditure rate for the work experience program element.
Chapter 5 provides local workforce innovation boards and other workforce system partners with instruction and guidance regarding determining eligibility and priority of service in the one-stop delivery system as prescribed in WIOA and the WIOA Final Labor Rule.
General Eligibility Requirements
Chapter: 5
Section: 1
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 6/25/2024 11:32:24 AM
Version: 3
Status: Current
Tags: Eligibility
- All individuals seeking assistance through the workforce system, whether it be through the one-stop system or technology, must have basic career services made available to them. The level of service requested will determine the information required from the individual and the need for eligibility determination.
- Individuals seeking only self-services and informational activities through the Resource Room, online materials and reference documentation, workshops, job fairs, and employer trainings are universally available to all individuals without determination of eligibility.
- Individuals receiving only self-service or informational activities may be considered as reportable or non-reportable for performance purposes.
- Individuals must, at a minimum, provide their name to receive these services. A customer who only provides a name (or name and address) is considered non-reportable and unavailable to be included in any performance reports.
- Local areas may want to track the number of non-reportable individuals and activities through local methods such as a swipe card, Resource Room Sign-In Form, or other local check-in procedure. In such instances, local policy should indicate the information necessary to conduct the tracking of services.
- This should not be construed as meaning an individual refusing to provide this basic information should be denied from receiving self-services and informational activities.
- Individuals may be counted as reportable by providing their name, address, and Social security number. This information allows the reporting system to identify them as a unique individual and be counted in required local and state reports.
- Reportable individuals receiving more than self-service or informational activities (i.e., staff-assisted services) must be determined eligible for the applicable program as outlined in the Adult Eligibility, Dislocated Worker Eligibility, and Youth Eligibility sections of this policy.
- Individuals seeking staff-assisted WIOA services must be registered following an eligibility determination. Registration is the process of collecting information through an online or paper application for entry and subsequent eligibility determination into the Illinois Workforce Development System (IWDS).
- Eligibility certification shall be based on the information provided in the individual’s signed and dated application.
- Applications must be signed and dated on or prior to the application certification date in IWDS.
- Once an individual is registered, the individual is considered a “participant” and is generally subject to performance requirements.
- All Title IB registrations must be recorded in IWDS by a local Title IB representative.
- WIOA requires all registered individuals under WIOA Title IB programs to meet two general eligibility requirements:
- Authorized to work in the United States. Individuals participating in Title I programs and activities or receiving funds under Title I shall be citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States.
- Compliance with Military Selective Service Requirement. All males born after December 31, 1959, who have reached age 18, must be registered with the Selective Service Administration as required by the Selective Service Act, (50 USC App. 453).
- All eligibility determinations must have supporting documentation as outlined in WIOA Title IB General and Fund Source Eligibility Requirements and Documentation Sources. It provides a list of sources of documentation allowed as evidence of general or program specific eligibility. (See the Attachments tab.)
- Evidence of general eligibility must be maintained in the participant’s case file.
- Self-attestation may be used to support most eligibility determinations; however, it should always be used as the last option for support. All other options available under a particular eligibility determination decision must be reviewed before relying only on self-attestation.
- The only exception is for an eligibility determination of an individual with disabilities. If the disability is the only means for determining eligibility, then the customer should provide a source of support other than self-attestation, if available.
- If the disability is not the only means to determine eligibility, then self-attestation alone is sufficient to document the existence of a disability.
- Self-attestation is the only requirement for the purposes of collecting demographic information or when a participant seeks accommodations to participate in services.
Selective Service Registration Requirements
Chapter: 5
Section: 1.1
Effective Date: 8/19/2021
Expiration Date: Continuing
Revision Date: 8/30/2021 10:38:49 AM
Version: 1
Status: Current
Tags: Eligibility
This policy update ensures compliance with the U.S. Department of Labor issued guidance on Selective Service requirements for WIOA Title I programs.
Selective Service bases the registration requirement on gender assigned at birth and not on gender identity or on gender reassignment. Individuals who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register.
The legal authority is based on the Military Selective Service Act (MSSA), which does not address gender identity or transgender persons. In addition, Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. Thus, Selective Service interprets the MSSA as applying to gender at birth because Congress did not contemplate transgender persons or a person’s gender identity when it required on “males” to register when the Selective Training and Service Act of 1940 was passed and amended by the Selective Service Act of 1948 to create the Selective Service System. Until Congress amends the MSSA or passes a separate law addressing transsexuals and gender identity, Selective Service must follow the intent of Congress when it required only males to register – the registration requirement is based on gender at birth.
For purposes of this policy, the term male refers to gender assigned at birth.
Selective Service Guidelines
Chapter: 5
Section: 1.1.1
Effective Date: 8/19/2021
Expiration Date: Continuing
Revision Date: 8/30/2021 10:42:33 AM
Version: 2
Status: Current
Tags: Eligibility
For WIOA eligibility, the grantee must ensure each male customer has complied with the following Selective Service guidelines.
- If the male customer has not reached age eighteen (18) and will not within the next thirty (30) days, or was born before January 1, 1960, the Military Selective Service Act (MSSA) is not applicable to that individual. Selective Service Compliance in the Illinois Workforce Development System (IWDS) is to be marked "not applicable" in this instance.
- A male WIOA participant who attains the age of eighteen (18) while participating in the program must be registered with Selective Service by the thirtieth (30th) day after his eighteenth (18th) birthday to remain eligible. He may also register in the thirty (30) days prior to his eighteenth (18th) birthday.
- If the customer fails to register within thirty (30) days after his eighteenth (18th) birthday, all existing WIOA services that were obtained before the age of eighteen (18) must be closed.
- All WIOA services provided after the customer is determined to be non-compliant will be disallowed.
- All other male customers must be registered prior to their twenty-sixth (26th) birthday, unless the following exceptions apply:
- For United States citizens, Selective Service registration is not required while the male meets one (1) of the following conditions:
- A male who is serving in the military on full-time active duty;
- A male attending the service academies;
- A disabled male who is continually confined to a residence, hospital, or institution;
- A male who is hospitalized, institutionalized, or incarcerated; or
- If a male is released from any of the above conditions before he reaches the age of twenty-six (26), he is required to register with Selective Service within thirty (30) days of his release.
- For non-United States citizens, Selective Service registration is required within thirty (30) days of becoming a resident unless the man falls within one (1) of the following categories:
- A male who came into this country for the first time after his twenty-sixth (26th) birthday.
- Acceptable forms of documentation for this exemption include:
- Date of entry stamp on passport;
- I-94 with date of entry stamp on it; or
- Letter from the U.S. Citizenship and Immigration Services (USCIS) indicating the date the man entered the United States presented in conjunction with documentation establishing the individual's age.
- A male who entered the country illegally after his twenty-sixth (26th) birthday and can provide proof that he was not living in the United States from age eighteen to twenty-five (18-25).
- A male on a valid, non-immigrant visa.
- If a non-compliant male customer is receiving basic, staff assisted, or individualized career services at the time this policy becomes effective, he will receive a grace period of thirty (30) days to begin the compliance process. This can mean registration for males under twenty-six (26) or completion of the Request for Status Information Letter (RSIL) and the Selective Service Verification Form (OET/SS Form #001), see the Forms & Instructions tab, for males twenty-six (26) years of age and older. At the conclusion of the thirty (30)-day grace period, any non-compliant male that has not begun the compliance process will be removed from WIOA funded services and any costs associated with servicing this customer after that time will be disallowed.
- Any male customer that is beyond their twenty-sixth (26th) birthday can no longer register, but is required to provide documentation of their compliance to the Selective Service requirement in order to be considered eligible for any WIOA Title I benefits and services.
- Acceptable forms of documentation can be found below in Section 5.a.
- Failure to produce authorized documentation requires that the individual acquire a Status Information Letter (SIL) from Selective Service indicating whether he was required to register.
- If the SIL indicates that he was not required to register, he can then be enrolled in WIOA-funded services.
- If the SIL indicates that he was required and failed to register and now is unable to, as a result of being twenty-six (26) years of age or older, he is to be disqualified from WIOA-funded programs and services until it is determined that his failure was not knowing or willful.
- All WIOA services, beyond basic, non-staff assisted career services should be discontinued, until it is determined that it was not a knowing and willful failure, as they will be disallowed.
- The grantee must verify whether the customer has complied with the MSSA requirements and place documentation in the case file.
- Verification may be made in any one of the following ways:
- Contacting the Selective Service at the website indicated on the References tab to determine if the customer has registered.
- Phone the Selective Service Registration Office (see telephone number on the Contact Us Information page of the Selective Service website on the References tab). A phone confirmation coupled with a case note will be sufficient for WIOA verification.
- Acquiring any one (1) of the following forms of documentation:
- Selective Service Acknowledgement Letter;
- Form DD-214, "Report of Separation";
- Screen printout from the Selective Service Verification site;
- Selective Service Registration Card;
- Selective Service Verification Form (Form 3A); or
- Stamped Post Office Receipt of Registration.
- Additional registration information can be found by visiting the Selective Service website or by viewing the "Who Must Register Chart". (See the Attachments tab.)
- Once verification has been completed:
- If the male customer has complied with MSSA, he may be entered as such in IWDS and no further action is necessary.
- If the male customer has not complied with MSSA:
- All WIOA services, beyond basic, non-staff-assisted career services should be discontinued, as they will be disallowed until it is determined that they are in compliance.
- The grantee should advise the customer to go to the Selective Service website to register. Enrollment in basic, staff assisted, or individualized career services should not occur until registration is confirmed.
- However, if the customer has failed to comply with Selective Service and is over the age of twenty-six (26), he can no longer register to achieve compliance and must fill out the RSIL form explaining why he did not register. A copy of the RSIL and the (OET/SS Form #001), see the Forms & Instructions tab, must be signed by the male customer and maintained in the customer's file.
- The RSIL form and instructions can be found by accessing the Selective Service website indicated on the References tab and clicking on "Status Information Letter Request Form."
- The SIL may take from four to six (4-6) weeks to arrive.
- If the SIL dictates that the customer was required and failed to register, the grantee must then determine the eligibility of the male customer based on local policy on knowing and willing failure to comply.
Trade Customer Eligibility Criteria
Chapter: 5
Section: 1.1.2
Effective Date: 5/29/2012
Expiration Date: Continuing
Revision Date: 8/31/2016 9:04:18 AM
Version: 1
Status: Current
Tags: Eligibility
The Selective Service requirement is not an eligibility criterion for Trade customers.
- In the event a Trade customer is not Selective Service compliant, case management must be conducted by a State Merit Staff employee.
- This must begin as soon as it is known that the customer is not compliant with the MSSA.
Written Local Policy Selective Service Compliance Requirements
Chapter: 5
Section: 1.1.3
Effective Date: 8/19/2021
Expiration Date: Continuing
Revision Date: 8/23/2021 8:38:00 AM
Version: 2
Status: Current
Tags: Eligibility
All grantees must have a written local policy to address compliance.
- The policy must address the determination of non-knowing and non-willful failure to comply with the Selective Service requirement for those non-compliant males who can no longer register as a result of being twenty-six (26) years of age or older.
- The policy must indicate that the customer is required to complete the (OET/SS Form #001), see the Forms & Instructions tab, for state verification. Furthermore, in cases of determining knowing and willful failure to comply for the purposes of granting a Locally Approved Selective Service Waiver, each customer is required to request the Status Information Letter (SIL).
- Local areas may add more questions for their own investigation for granting a Locally Approved Selective Service Waiver. These questions must be included in their policy.
- Local policy should encourage case managers to gather the information needed to approve a Locally Approved Selective Service Waiver in the four to six (4-6) weeks in which the SIL is pending.
- Additionally, local areas may approve eligibility and enroll a customer in services by granting a Locally Approved Selective Service Waiver prior to the arrival of the SIL. This is only an option under circumstances in which time is a factor for enrolling customers in services or training and the four to six (4-6) weeks that the SIL will take to arrive may harm the customers progress through the program.
- Upon arrival of the SIL, the grantee must examine the letter to determine if the additional information gained through the SIL eliminates the possibility of a non-knowing and non-willful failure to register. In these instances, the grantee must retract the Locally Approved Waiver, the customer will no longer be eligible for WIOA programs and should not receive any more basic, staff assisted, or individualized career services.
- Justification for the earlier granting of the waiver must be documented and placed within the customer's case file.
- The final decision regarding the customer's eligibility for WIOA services or programs based upon the matter of Selective Service compliance rests with the grantee.
- Local policy must establish the individual that will be responsible for making decisions regarding Locally Approved Selective Service Waivers.
- Based on the information submitted by the customer, including the information on the SIL and the responses to the state's questioner, the grantee must determine if he did not knowingly or willfully fail to register for Selective Service.
- If the failure is deemed not knowing and willful then he may be granted the Locally Approved Selective Service Waiver and registered and enrolled in services or benefits.
- If the failure is deemed knowing and willful then he must be denied WIOA services. Any costs associated with services provided beyond basic, non-staff assisted career services will be considered disallowed.
- Individuals denied services must be advised of available WIOA grievance procedures as outlined in the Complaint and Grievance Procedures (Nondiscrimination) section of the policy manual.
- Decisions are to be made on a case-by-case basis.
Selective Service Requirement Reporting Choices
Chapter: 5
Section: 1.1.4
Effective Date: 8/19/2021
Expiration Date: Continuing
Revision Date: 8/30/2021 10:43:53 AM
Version: 2
Status: Current
Tags: Eligibility
Selective Service Compliance in IWDS will have three (3) acceptable reporting choices that would allow a customer to be determined eligible for WIOA services:
- "Yes" - is appropriate for a male customer, born on or after January 1, 1960 and who has registered with Selective Service.
- "Not Applicable" - is appropriate for any one of the following:
- A female customer;
- A male customer who has not reached eighteen (18) years of age; or
- A male customer born before January 1, 1960.
- "Locally Approved Selective Service Waiver" - is appropriate for a male customer, twenty-six (26) years of age and older who was born on or after January 1, 1960 and is not Selective Service compliant, but has demonstrated that his failure to comply was not knowing or willful, and has received a Locally Approved Selective Service Waiver.
- The "Locally Approved Selective Service Waiver" may also be appropriate for any one (1) of the following:
- A male customer who can prove that they had entered the country for the first (1st) time after their twenty-sixth (26th) birthday;
- A male who served continuously in the Armed Forces from ages eighteen to twenty-six (18-26); or
- A male who can show they were confined to a residence, hospital, institution, or was incarcerated continuously from ages eighteen to twenty-five (18-25).
- If the answer to the question of Selective Service compliance is "No" in IWDS, the client will never be determined eligible for WIOA.
Individual and Program Approvals for Unemployment Insurance Recipients
Chapter: 5
Section: 1.2
Effective Date: 10/23/2000
Expiration Date: Continuing
Revision Date: 1/25/2017 11:49:19 AM
Version: 1
Status: Current
Tags: Eligibility,
LWIBs,
Miscellaneous
Section 500(c)5 of the Illinois Unemployment Insurance Act specifies conditions under which an individual receiving Unemployment Insurance benefits may participate in an approved training program and continue to receive benefits. Individuals participating in an approved training program are exempt from the work search requirements under the Unemployment Insurance Act.
Individual Notice of Selection for WIOA Training and Eligibility
Chapter: 5
Section: 1.2.1
Effective Date: 10/23/2000
Expiration Date: Continuing
Revision Date: 3/18/2022 11:30:59 AM
Version: 3
Status: Current
Tags: Eligibility,
LWIBs,
Miscellaneous
- A Notice of Individual Selection for WIOA Training form and eligibility criteria will be the documentation required by the Illinois Department of Employment Security (IDES) to verify enrollment in a Workforce Innovation and Opportunity Act (WIOA) training program. Completion of this form documents local compliance with IDES' 500(c)5 criteria for approval of training. (See the Attachments tab.)
- In addition to the WIOA requirement for training program approval, the one-stop center or one-stop partner shall approve participation in training for any individual receiving Unemployment Insurance benefits based on the following criteria:
- The training shall relate to an occupation, clusters of occupations skills for which there are, or are expected to be, reasonable work opportunities in the locality.
- The training must be designed to facilitate the individual's reemployment in a reasonably expeditious manner.
- The training must provide the individual with skills essential for the performance of work in the related occupation. The training must focus on providing the individual with the competency necessary for securing entry level employment in the selected occupation.
- The training must be full time as defined by the training institution.
- The individual has the qualifications and aptitude to complete the training successfully.
- The training must be approved by the Local Workforce Innovation Board (LWIB). In situations where certain courses are filled or not available during a particular term the individual will be deemed 500(c)(5) eligible if documentation is provided in the Individual Employment Plan (IEP) that shows that the individual is actively pursuing a full-time training program and the individual is enrolled in the prescribed courses which are available. If no courses are available or the individual chooses not to attend a full-time training program, the individual's 500(c)(5) waiver may not be approved.
Workforce Innovation Board Approval of Program/Course(s)
Chapter: 5
Section: 1.2.2
Effective Date: 10/23/2000
Expiration Date: Continuing
Revision Date: 3/18/2022 11:31:54 AM
Version: 3
Status: Current
Tags: Eligibility,
LWIBs,
Miscellaneous
- Local Workforce Innovation Boards (LWIBs) must follow the process and procedures outlined in the WIOA Training Provider and Training Program Eligibility section of the policy manual to approve training programs/courses to meet the responsibility under section 500(c)(5) of the Illinois Unemployment Insurance Act.
Adult Eligibility
Chapter: 5
Section: 2
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 12/8/2021 12:01:23 PM
Version: 2
Status: Current
Tags: Eligibility
- An “adult” customer of WIOA must:
- Meet general eligibility requirements; and
- Must be age eighteen (18) or older.
- WIOA establishes a priority requirement for the use of funds allocated to a local area for certain adult employment and training activities.
- After eligibility determination, priority for individualized career services and training service shall be given to:
- Recipients of public assistance;
- Other low-income individuals; and
- Individuals who are basic skills deficient (including English language learners).
- As described in TEGL 10-09 and 19-16, when programs are statutorily required to provide priority for a particular group of individuals, priority must be provided in the following order:
- First, to veterans and eligible spouses who are also included in the groups given statutory priority for WIOA Adult formula funds.
- This means that veterans and eligible spouses who are also recipients of public assistance, other low-income individuals, or individuals who are basic skills deficient would receive first priority for services provided with WIOA Adult formula funds.
- Second, to non-covered persons (that is, individuals who are not veterans or eligible spouses) who are included in the groups given priority for WIOA adult formula funds.
- Third, to veterans and eligible spouses who are not included in WIOA’s priority groups.
- Last, to non-covered persons outside the groups given priority under WIOA.
- Local staff must always prioritize services to these populations, regardless of the amount of funds available to provide services in the local area.
- These priorities are in addition to the requirements in WIOA that veterans and their eligible spouses receive priority of service as defined in the Veterans Priority of Service section of this policy manual for all Department of Labor (DOL) funded job training programs, including the WIOA Adult program.
- Local Workforce Innovation Boards (LWIBs) must establish local criteria, policies, and procedures to apply these priority provisions to ensure planning across multiple partner programs will enhance alignment in service delivery strategies.
- The State envisions that giving priority of service to these individuals means ensuring that at least seventy-five (75) percent of a local area’s participants receiving individualized career and training services in the Adult program are from at least one (1) of the priority groups.
- LWIBs must ensure timely, accurate, and reliable data entry into the appropriate case management system is occurring to document the local area’s success in serving priority populations.
- If any local area does not meet the minimum seventy-five (75) percent benchmark, the state may initiate a review of the local area’s compliance with the statutory requirement to provide priority of services to the priority populations.
Dislocated Worker Eligibility
Chapter: 5
Section: 3
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 5/12/2023 9:23:02 AM
Version: 4
Status: Current
Tags: Eligibility
A “dislocated worker” customer of the Workforce Innovation and Opportunity Act (WIOA) must meet general eligibility requirements and at least one (1) of the following dislocated worker eligibility requirements:
- Individual or Small Group Layoff;
- The individual:
- Has been terminated or laid off or has received notice of employment termination or layoff; this would include an individual who has separated from or has an impending separation from the Armed Forces; and
- Is eligible for or has exhausted entitlement to unemployment compensation as documented in one of the following ways:
- Unemployment Insurance Benefits. The classification of persons as eligible for unemployment compensation is limited to those who have been determined eligible to receive a monetary benefit by the state unemployment insurance administering agency or who have been determined by the state unemployment insurance administering agency to have exhausted their benefits; or
- For those who have been notified of an upcoming layoff and will not have applied for unemployment compensation, to meet the criteria around unemployment compensation, the individual must have earned at least $2,000 in at least two (2) of the last four (4) calendar quarters.
- Tenure. Has been employed for a duration sufficient to demonstrate attachment to the workforce (meaning the individual must have at least thirty (30) days of employment in the industry or occupation from which he/she was dislocated), but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a state unemployment compensation law; and
- Is unlikely to return to a previous industry or occupation.
- The occupation or industry is low growth or in decline as determined below; or
- The individual has been laid off or terminated from a low-growth industry, defined by a North American Industrial Classification System (NAICS) code category with less than the statewide average growth rate; or
- The individual has been laid off or terminated from a low-growth occupation, defined as any O*NET Codes category with an average annual employment growth rate of less than the statewide average growth rate for all occupations;
- The individual requires additional assistance. After an assessment of education, skills, and work experience has been determined by the Title IB entity to require additional assistance to qualify for any available openings in the industry or occupation from which the person was laid off, or to obtain employment in another occupation. Such determination must be documented in the person’s case file.
- Examples of requiring additional assistance include, but are not limited to, the following:
- An individual who meets the long-term unemployed criteria (unemployed for twenty-seven (27) or more consecutive weeks);
- The individual is a separating or separated member of the U.S. Armed Forces;
- The individual has a history of involvement at any stage with the criminal justice system (justice-touched individual);
- The individual is likely to enter a new job that is different structurally or organizationally than their previous job;
- The individual is likely to enter a new job with lower seniority compared to their previous position;
- The individual has a gap in employment that decreases their chances of returning to the same level of occupation or type of job, including justice-touched individuals;
- There are limited employment opportunities in the occupation or industry within the local area;
- There is an excess number of workers with similar skill sets and experience in the local area;
- The individual has out-of-date or inadequate skills;
- The individual has adequate skills, but lacks a credential required by most employers;
- The individual has a barrier to employment such as a disability, medical condition, or legal issues that could prevent a return to employment in the same industry or occupation as outlined in the Employment Barriers Definitions (See Attachments tab); or
- An unsuccessful job search suggests the individual is unlikely to regain employment in their previous occupation or industry.
- Facility Closure or Substantial Layoff;
- The individual:
- Has been terminated or laid off, or has received notice of termination or layoff from employment due to a permanent closure of or a substantial layoff (defined below) at a plant, facility, or enterprise; or
- Substantial layoff includes, but is not limited to, the following:
- Layoffs resulting from Federal, State, or local disasters or emergencies (e.g., flood, tornado, fire, COVID, etc.);
- Documented State or Local Rapid Response layoff in the Illinois Employment Business System (IEBS); or
- Layoffs from sectors and occupations that are substantial or significant to the regional or local workforce or economy as identified by the local workforce innovation board (LWIB) in the regional/local plans.
- Is employed at a facility in which the employer has made a general announcement that the facility will close within one hundred eighty (180) days; or
- Customers determined eligible under this criterion may receive the full array of career services, training services, and supportive services, as appropriate.
- For purposes of eligibility to receive basic career services, the individual is employed at a facility at which the employer has made a general announcement that such facility will close.
- Customers determined eligible under this criterion are not eligible to receive individualized career services, training services, or supportive services unless it is within one hundred eighty (180) days of planned facility closure (at which time they become eligible under 2) above for all WIOA services.
- LWIBs may develop policies and procedures to specify what constitutes a “general announcement” for plant closings;
- These policies and procedures could include policies and procedures for what constitutes a “general announcement” of a plant closing.
- General announcements apply only to those individuals who have received general notices of an impending layoff
- Profiled to Exhaust Unemployment Insurance Benefits;
- The individual is a profiled and referred Unemployment Insurance (UI) claimant whose UI profilee date is within the past calendar year of the WIOA application date;
- The state has determined as allowed per 680.130(b)(3), that UI profilees are eligible dislocated workers and is consistent with the definition of dislocated worker at WIOA Section 3(15).
- In such instances, no further documentation will be needed to establish the “Unlikely to Return to a Previous Industry or Occupation” criterion of WIOA section 3(15)(A)(iii).
- As a result, acceptance of UI profiling data to prove eligibility for meeting the requirements of 3(15) is the only standard. General eligibility requirements will still apply.
- No Longer Self-Employed;
- The individual is self-employed (including employment as a farmer, a rancher, or fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;
- LWIBs may develop policies and procedures to specify what constitutes “unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters” for individuals who are self-employed, including family members and ranch hands.
- Eligibility determination for the self-employed is based on the following requirements:
- Formerly self-employed but currently unemployed, including individuals who have lost their business(es) due to a specified natural disaster or a specific economic condition.
- Self-employed and going out of business or in the process of going out of business due to specified events or conditions that provide evidence of impending business failure.
- Family member of, or worker for a formerly self-employed individual including farm hands or ranch hands of persons in categories a. and b. above, provided that their contribution to the business constituted as least one (1) year of full-time work.
- This would include independent contractors or consultants who are not employees of an entity.
- Displaced Homemaker; or
- The individual is a Displaced Homemaker which is defined as an individual who:
- Was dependent on the income of another family member and is no longer supported by the income of that family member; and
- Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
- Spouse of Military Service Members.
- The individual is the spouse of a member of the Armed Forces on active duty as defined in section 101(d)(1) of Title 10, United States Code.
- Has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station; or
- Is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
Refer to WIOA Title IB General and Fund Source Eligibility Requirements and Documentation Sources for a list of allowable sources of documentation that can be accepted as evidence of dislocated worker eligibility. (See the Attachments tab.) Evidence of eligibility must be maintained in the participant’s case file.
Additionally, a Dislocated Worker Eligibility Criteria Checklist to assist in determining eligibility is available. (See Attachments tab.)
General Youth Eligibility Requirements
Chapter: 5
Section: 4
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 4/10/2024 9:49:43 AM
Version: 5
Status: Current
Tags: Eligibility
- To be eligible to participate in activities carried out under this chapter during any Program Year, an individual shall, at the time of eligibility determination is made, be an Out-of-School Youth (OSY) or an In-School Youth (ISY).
- To determine school status, "Attending school" means when an individual is enrolled in and/or attending a secondary school or credit-bearing classes in post-secondary school.
- If the youth participant is enrolled in any credit-bearing postsecondary education classes, including credit-bearing community college classes and credit-bearing continuing education classes, then they are considered attending postsecondary education and, therefore, an ISY.
- If the youth is only enrolled in non-credit-bearing postsecondary classes, they would not be considered attending postsecondary school and, therefore, an OSY.
- For purposes of WIOA, providers of adult education under Title II of WIOA, YouthBuild programs, the Job Corps program, high school equivalency programs, and dropout re-engagement programs are not considered to be schools for the purposes of determining school status.
- The only exception is if the high school equivalency (HSE) programs, including those considered to be dropout re-engagement programs, is funded by the public K–12 school system.
- For WIOA youth program eligibility, an individual who is no longer enrolled in secondary school and has not received a secondary school diploma or its recognized equivalent is considered a school dropout.
- The compulsory education law in Illinois requires children between the ages of six (6) and seventeen (17) must attend full-time school until they graduate. But there are exceptions, and some students may drop out early.
- The WIOA youth program has the following funding limitations for a program year:
- Not less than seventy-five (75) percent of WIOA youth formula funds available shall be used to provide youth workforce activities for OSY;
- Up to five (5) percent of ISY and OSY may be individuals who would be eligible for the WIOA youth program, except that the individual is not low-income;
- Not more than five (5) percent of ISY may be eligible based upon the individual barrier being that the individual requires additional assistance to complete an educational program or to secure or hold employment; and
- A minimum of twenty (20) percent of the total local area youth formula funds shall be spent on work experience.
- Local Workforce Innovation Boards (LWIBs) must establish local policy on the definition and use of individual requires additional assistance to “requiring additional assistance to enter or complete an educational program, or to secure and hold employment” criterion for out-of-school youth specified in WIOA section 129(a)(1)(B)(iii)(VIII) and for “requiring additional assistance to complete an education program, or to secure and hold employment” criterion for in-school youth.
- Training and Employment Notice 22-19, Attachment 1 provides examples of definitions of “requires additional assistance” that local boards can consider to further define the “requires additional assistance” eligibility criteria.
- Low-income requirements only apply to the following categories of youth:
- OSY who is a recipient of a secondary school diploma or its recognized equivalent who is either basic skills deficient or an English language learner; and
- OSY who requires additional assistance to enter or complete an educational program or to secure or hold employment; and
- All ISY.
- WIOA allows an exception to the low-income requirements for the youth populations listed above. Five (5) percent of WIOA youth be determined eligible without meeting the low-income requirement only if they meet all other eligibility criteria for WIOA youth.
- A program must calculate the five percent based on the percent of newly enrolled youth in the local area’s WIOA youth program in a given program year, regardless of school status, who would ordinarily be required to meet the low-income criteria.
- For example, OSY who have any of the other seven (7) barriers (e.g., dropout, offender, homeless, etc.) do not need to be low income and are not included in the denominator for the 5% exception calculation.
- For this subsection, the term ‘‘low-income’’, used with respect to an individual, also includes a youth living in a High-Poverty Area.
- To ensure the program serves a diverse mix of youth and is accessible to all youth, reporting youth demographic information, including eligibility barriers, is very important.
- Programs should report all eligibility barriers for youth when youth have multiple barriers so that program staff, states, and the U.S. Department of Labor (USDOL) accurately represent the youth we serve.
- There is one exception to reporting all youth eligibility barriers.
- For ISY, the only individual barrier being used to determine eligibility is that the individual requires additional assistance to complete an educational program or secure or hold employment.
Eligibility Requirements for Out-of-School Youth (OSY)
Chapter: 5
Section: 4.1
Effective Date: 6/30/2016
Expiration Date: Continuing
Revision Date: 5/11/2023 4:34:49 PM
Version: 2
Status: Current
Tags: Eligibility
- To be provided services under the youth funding stream as an out-of-school youth, the individual must be:
- Not attending any school as defined under state law, individuals attending Adult Education provided under Title II of WIOA, YouthBuild or Job Corps are also classified as out-of-school youth;
- Not younger than age sixteen (16) or older than age twenty-four (24); and
- One (1) or more of the following:
- A school dropout as defined by the state;
- Within the age of compulsory school attendance but has not attended school for at least the most recent complete school year calendar quarter as defined by the school district and the applicable school based on the student’s residence or assignment;
- A recipient of a secondary school diploma or its recognized equivalent who is a low-income individual and is:
- Basic skills deficient (20 CFR 681.290): or
- An English language learner.
- Subject to the juvenile or adult justice system;
- Homeless individuals, a homeless child or youth, a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under Section 477 of the Social Security Act (42 USC 677), or in an out-of-home placement;
- Pregnant or parenting;
- An individual with a disability;
- A low-income individual requiring additional assistance to enter or complete an educational program or to secure or hold employment.
- For individuals required to attend school under applicable state compulsory school attendance laws, the priority of assistance shall be for the individual to attend school regularly.
Eligibility Requirements for In-School Youth (ISY)
Chapter: 5
Section: 4.2
Effective Date: 6/30/2016
Expiration Date: Continuing
Revision Date: 5/11/2023 4:39:45 PM
Version: 2
Status: Current
Tags: Eligibility
- The term in-school youth means an individual who is:
- Attending school (as defined by state law);
- Not younger than fourteen (14) (unless an individual with a disability attending school under State law) or older than twenty-one (21);
- A youth attending postsecondary education who is twenty-two (22) at the time of eligibility determination would not be eligible for the WIOA youth program because they are in school and over the age of twenty-one (21). That individual could be served through the WIOA adult program.
- There is one exception to age eligibility for youth attending school. Youth with disabilities who have an Individualized Education Program (IEP) may be enrolled as ISY after the age of twenty-one (21) since Illinois law allows youth with disabilities to be served by the K-12 public school system until the age of twenty-two (22). Such youth may only be enrolled as ISY up to the age of twenty-two (22) to receive secondary education services.
- A low-income individual, including an individual that receives or is eligible to receive a free or reduced-price lunch under the Richard B. Russell National School Lunch Act (Sec. 3(36)(A)(iv)) or who lives in a high-poverty area; and
- One or more of the following:
- Basic skills deficient.
- An English language learner.
- An offender.
- A homeless individual, a homeless child or youth, a runaway, in foster care or has aged out of the foster care system, a child eligible for assistance under section 477 of the Social Security Act (42 USC 677), or in an out-of-home placement.
- Pregnant or parenting.
- A youth who is an individual with a disability.
- An individual who requires additional assistance to complete an educational program or to secure or hold employment.
- This criterion can only be used when no other youth barriers exist.
- Local Workforce Innovation Boards (LWIBs) must establish a local policy using this criterion.
- LWIBs must ensure that less than five (5) percent of their ISY per program year utilize and report this barrier as the sole reason for eligibility determination.
Low-Income Individuals
Chapter: 5
Section: 5
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 5/16/2023 9:26:52 AM
Version: 3
Status: Current
Tags: Eligibility
WIOA requires that all registered participants meet minimum eligibility requirements depending on the program for which they are being enrolled.
- As outlined in the WIOA Policies on eligibility in the Program Eligibility chapter of the policy manual:
- Low-income may be a qualifying criteria for being determined eligible for the youth program. These individuals are considered as having a barrier to employment.
- Participants of the adult program must receive priority of services if they are a low-income individual, among other priority criteria.
- A low-income individual is a person who:
- Personally receives or received in the past six (6) months or is a member of a family that receives or received in the past six (6) months assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008, the program of block grants to states for temporary assistance for needy families program under part A of Title IV of the Social Security Act or the supplemental security income program established under Title XVI of the Social Security Act, or State or local income-based public assistance; or
- Is in a family with total family income that does not exceed the higher of:
- The poverty line; or
- Seventy percent (70%) of the lower living standard income level; or
- Is a homeless individual (as defined in Section 41403(6)) of the Violence Against Women Act of 1994 (42 USC 14043e–2(6)), or a homeless child or youth (as defined under Section 725(2)) of the McKinney-Vento Homeless Assistance Act (42 USC 11434a(2)) ; or
- Receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 USC 1751 et seq.); or
- Is a foster child on behalf of whom state or local government payments are made; or
- Is an individual with a disability whose own income does not exceed the higher of:
- The poverty line; or
- Seventy percent (70%) of the lower living standard income level, but who is a member of a family whose income does not meet this requirement; or
- A youth customer living in a high-poverty area.
- In making determinations of low-income status, the list of income source inclusions and exclusions found in the Income Guidelines and Lower Living Standard Income Level (LLSIL) Boundaries attachment of the Notice. (See the Notices tab.)
- Any income source NOT included on the exclusions list of income sources should be interpreted as being an inclusion of the income source.
- When past income is an eligibility determinant for federal employment or training programs, any amounts received as military pay or allowances by any person who served on active duty, and certain other specified benefits must be disregarded for the veteran and for other individuals for whom those amounts would normally be applied in making an eligibility determination.
- Military earnings are not to be included when calculating income for veterans or transitioning service members for this priority, in accordance with Eligibility Requirements for Veterans under Federal Employment and Training Programs (38 USC 4213).
- Please reference the attachment on Inclusions and Exclusions for Determining Family Income for further guidance. (See the Attachments tab.)
- All determinations of low-income status for customers must be supported by proper documentation of the qualifying condition as outlined in WIOA Title IB General and Fund Source Eligibility Requirements and Documentation Sources. (See the Attachments tab.)
Lower Living Standard Income Level (LLSIL)
Chapter: 5
Section: 5.1
Effective Date: 7/27/2007
Expiration Date: Continuing
Revision Date: 5/1/2024 2:02:39 PM
Version: 6
Status: Current
Tags: Eligibility,
Income Guidelines,
Needs-Related Payments
The 70% Lower Living Standard Income Level (LLSIL) and 100% LLSIL for determining needs-related payments will be published annually in a WIOA Notice on Revised Income Guidelines for Determining Low-Income Status for WIOA Eligibility that will be written and distributed by the Department of Commerce and Economic Opportunity, Office of Employment and Training (OET).
- LWIAs should utilize the map titled Income Guidelines and Lower Living Standard Income Level (LLSIL) Boundaries as a guide in identifying the correct LLSIL value for a given Local Workforce Innovation Area (LWIA). This map is included as an attachment to the WIOA Notice. (See the Notices tab.)
- LWIAs should use the figures from the table titled Income Guidelines for Determination of Low-Income Status and attached to the WIOA Notice in the determination of eligibility for applications taken on or after the effective date identified in the WIOA Notice. (See the Notices tab.)
- LWIAs should use the figures from the table titled 100% Lower Living Standard Income Level (LLSIL) for Determining Needs-Related Payments and Self-Sufficiency attached to the WIOA Notice in the determination of needs-related payments and self-sufficiency for applications taken on or after the effective date identified in the WIOA Notice. (See the Notices tab.)
Service Priorities
Chapter: 5
Section: 6
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 12/8/2021 12:34:10 PM
Version: 3
Status: Current
Tags: Eligibility
Under the Workforce Innovation and Opportunity Act (WIOA), priority requirements under the Adult and Dislocated Worker programs are given to individuals with connections to the military.
- Veterans and eligible spouses continue to receive priority of service for all USDOL-funded job training programs, which include WIOA programs.
- A veteran who is eligible or spouse of an eligible veteran who is entitled to receive priority of service is a person who has served at least one (1) day in the active military, naval, or air service, and who was discharged or released from service under any condition other than a condition classified as dishonorable is a covered person.
- This definition includes Reserve units and National Guard units activated for Federal Service.
- Please reference TEGL 10-09 for further discussion on who is a covered person under these provisions and how to determine the status of veterans and their eligible spouses.
- Local areas must establish written policies and procedures to ensure priority for the populations described above for participants served in the WIOA Adult program, for eligibility determinations.
- Exiting service members and their spouses may be treated as dislocated workers under the following guidance.
- Under TEGL 22-04, service members exiting the military, including, but not limited to, recipients of Unemployment Compensation for Ex-Military members (UCX), generally qualify as dislocated workers.
- Dislocated Worker funds under Title IB can help separating service members to enter or reenter the civilian labor force. Generally a separating service member needs a notice of separation, either a DD-214 from the Department of Defense, or other appropriate documentation that shows a separation or imminent separation from the Armed Forces qualifies as the notice of termination or layoff, to meet the required dislocated worker definition.
- Additionally, in most instances an individual will have to be eligible for or exhausted entitlement to unemployment compensation in order to receive dislocated worker services.
- In the case of separating service members, because they may be on a terminal leave from the military, it may make sense to begin providing career services while the service member may still be part of the Active Duty military, but has an imminent separation date.
- It is appropriate to provide career services to separating service members who will be imminently separating from the military, provided that their discharge will be anything other than dishonorable.
- Lastly, the Employment and Training Administration (ETA) policy generally dictates that a separating service member meets the dislocated worker requirement that an individual is unlikely to return to his or her previous industry or occupation.
- Regarding military spouses, WIOA expands the definition of dislocated workers to include military spouses who have lost employment as a direct result of a relocation to accommodate a permanent change in duty station of the spouse.
- Military spouses may also qualify if they are a dependent spouse of a member of the Armed Forces on active duty whose family income is significantly reduced, as determined by the State or local area, because of a deployment, a call or order to active duty, a permanent change of station, or the service-connected death or disability of the service member.
- Military spouses also can qualify if they are unemployed or underemployed and are experiencing difficulty in obtaining or upgrading employment as defined under WIOA.
Veterans Priority of Service Requirements
Chapter: 5
Section: 7
Effective Date: 7/6/2010
Expiration Date: Continuing
Revision Date: 8/29/2021 4:18:19 PM
Version: 1
Status: Current
Tags: Eligibility,
Local Plan,
Monitoring/Oversight,
Veterans
All program activities issued or executed by program operators, regardless of how they are procured, must be administered in compliance with priority of service requirements, including priority for veterans and eligible spouses.
Identification of Veterans and Eligible Spouses
Chapter: 5
Section: 7.1
Effective Date: 7/6/2010
Expiration Date: Continuing
Revision Date: 8/29/2021 4:19:22 PM
Version: 1
Status: Current
Tags: Eligibility,
Local Plan,
Monitoring/Oversight,
Veterans
Subrecipients and grantees must develop and implement processes to identify veterans and eligible spouses who physically access service delivery points or who access service delivery programs through the Internet in order to provide veterans and eligible spouses with timely and useful information on priority of service at the point of entry.
- Point of entry may include reception in-person through an Illinois workNet Center or virtually through Illinois workNet, as part of an application process for a specific program, or through any other method by which veterans and eligible spouses express an interest in receiving services.
- The Veteran's Priority poster (see the Notices tab) must be displayed in the Illinois workNet centers in a prominent location where applicants can see it upon entry to the center so that veteran applicants can easily be made aware of their priority of service.
Required Information for Veterans and Eligible Spouses
Chapter: 5
Section: 7.2
Effective Date: 7/6/2010
Expiration Date: Continuing
Revision Date: 8/30/2021 10:55:09 AM
Version: 1
Status: Current
Tags: Eligibility,
Local Plan,
Monitoring/Oversight,
Veterans
When identifying veterans and eligible spouses, Illinois workNet Center staff and other grantees and subgrantees must ensure that veterans and eligible spouses are made aware of the following:
- Entitlement to priority of service. Under the Jobs for Veterans Act, a "covered person" is entitled to priority of service under twenty (20) USDOL-funded workforce programs including WIOA Title I Adult, Youth, and Dislocated Worker programs, statewide activity programs, Dislocated Worker Grant (DWG) and the Trade Adjustment Assistance (TAA) program.
- Applying Priority of Service. The application of priority of service varies by program depending on the eligibility requirements of the particular program.
- Qualified job training programs fall into two basic categories:
- Universal access programs:
- For workforce programs that operate or deliver services to the public as a whole without targeting specific groups, veterans and eligible spouses must receive priority of service over all other program participants;
- Veterans and eligible spouses receive the first level of priority in universal access programs; and
- Programs that require prospective participants to meet specified eligibility criteria.
- Eligibility criteria identify basic conditions that each and every participant in a specific program is required to meet.
- It is important to note that a veteran or eligible spouse must first meet any and all of the statutory eligibility criteria in order to be considered eligible for:
- Enrollment in the program;
- Receipt of priority for enrollment in the program; and
- Priority for receipt of services.
- In addition to the eligibility criteria that all participants are required to meet, some programs also have priorities that establish a rank order to be observed in enrolling or serving participants. These priorities can be of two (2) types:
- Programs and services with Statutory requirements
- For a service such as classroom training, priority of service applies to the selection procedure as follows:
- If there is a waiting list for the formation of a training class, priority of service is intended to require a veteran or eligible spouse to go to the top of that list.
- Priority of service applies up to the point at which an individual is both:
- Approved for funding; and
- Accepted or enrolled in a training class.
- Therefore, once a non-covered person has been both approved for funding and accepted/enrolled in a training class, priority of service is not intended to allow a veteran or eligible spouse who is identified subsequently to "bump" the non-covered person from that training class.
- Verifying Status.
- The Final Rule does not change or add to pre-existing program requirements regarding verification of the eligibility of a veteran or eligible spouse.
- It is neither necessary nor appropriate for program operators to require verification of the status of a veteran or eligible spouse at the point of entry, unless the individual who self-identifies as a veteran or eligible spouse is:
- To immediately undergo eligibility determination and be registered or enrolled in a program; and
- The applicable federal program rules require verification of veteran or eligible spouse status at that time.
- Even in those instances in which eligibility determination and enrollment occur at the point of entry, a veteran or eligible spouse should be enrolled and provided immediate priority and then be permitted to follow-up subsequently (prior to or at the time of enrollment in intensive or training services) with any required verification of his or her status as a veteran or eligible spouse.
- For programs or services that cannot rely on self-attestation (e.g., classroom training), verification only needs to occur at the point at which a decision is made to commit outside resources to one (1) individual over another.
- In contrast, the commitment of program staff effort does not require verification of status by a veteran or eligible spouse.
- For more eligibility and document requirements, refer to the Eligibility section of the policy manual.
- Programs and services with Discretionary priorities
- Some qualified job training programs may include a focus on a particular group or make efforts to provide a certain level of service to a particular group without the authorizing law specifically mandating that the target group be served before other eligible individuals.
- Because a discretionary focus of this type is not a statutorily mandated priority or targeting requirement, veterans and eligible spouses must receive the highest priority for programs or services with a discretionary targeting requirement.
- Non-covered persons within the discretionary targeting group then receive the second level of priority.
- Non-covered persons outside the discretionary targeting group receive the third level of priority.
- With respect to priority of service, the only feature that distinguishes discretionary targeting programs from universal access programs is the additional application of the discretionary targeting criterion to the non-covered persons.
- Therefore, for veterans and eligible spouses, priority of service applies to discretionary targeting programs and services the same way that it applies to universal access programs, i.e., veterans and eligible spouses first.
- Prior policy guidance on priority of service and the recently published regulations gave considerable attention to the application of priority of service to programs with discretionary priorities.
- However, a review of qualified job training programs conducted in conjunction with the development of this guidance did not identify any prominent examples of programs that currently have discretionary priorities.
- For additional guidance on the ways that priority of service interacts with eligibility criteria and statutory priorities. (See the TEGL on the References tab.)
Veteran’s Priority of Service in Local Plans
Chapter: 5
Section: 7.3
Effective Date: 7/6/2010
Expiration Date: Continuing
Revision Date: 8/30/2021 10:56:23 AM
Version: 1
Status: Current
Tags: Eligibility,
Local Plan,
Monitoring/Oversight,
Veterans
- LWIAs, grantees and subrecipients are required to have a local policy to address veteran's priority of service.
- All current policies must be reviewed to ensure compliance with the new requirements.
- If policies are not consistent with this WIOA Policy and the Final Rule or if no local policy exists, they must be developed/updated accordingly.
- All local policies on veteran's priority of service must be included with the local area plan in accordance with the Local Planning Requirements section of the policy manual.
Veteran’s Priority of Service Monitoring
Chapter: 5
Section: 7.4
Effective Date: 7/6/2010
Expiration Date: Continuing
Revision Date: 8/30/2021 10:57:13 AM
Version: 1
Status: Current
Tags: Eligibility,
Local Plan,
Monitoring/Oversight,
Veterans
- As stated in the Final Rule, the USDOL-ETA will monitor the implementation of priority of service to ensure that veterans and eligible spouses are made aware of and afforded priority of service.
- LWIAs, grantees, and subrecipients are required to ensure that priority of service is applied throughout their respective service delivery systems, including service delivery points maintained by all subrecipients.
- LWIAs, grantees, and subrecipients are required to cooperate with monitoring performed by the Office of Employment and Training, Workforce Development Specialists.
Service Priorities for Individuals with Disabilities (Pending)
Chapter: 5
Section: 8
Effective Date: 6/30/2016
Expiration Date: Continuing
Revision Date: 11/18/2016 2:01:58 PM
Version: 1
Status: Current
Tags: Disability,
Eligibility
Policy to be determined.
Basic Skills Deficiency Assessment Requirements
Chapter: 5
Section: 9
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 6/27/2024 11:33:36 AM
Version: 9
Status: Current
Tags: Eligibility,
Assessment,
Basic Skills Deficiency
The Department of Commerce and Economic Opportunity has adopted a screening tool to help identify if an individual is basic skills deficient.
The Basic Skills Screening Tool is required for all Workforce Innovation and Opportunity Act (WIOA) applicants prior to administering a WIOA Title I and II approved assessment unless they meet one of the exceptions listed in the policy.
This screening tool is not to be used as an assessment tool to help determine a participant's educational needs. If the screening tool identifies an individual as basic skills deficient, that individual must be further assessed to determine their educational needs through the use of the assessment tools identified in this policy.
Anyone unable to complete the screening tool without assistance must automatically be assessed as basic skills deficient. Adult Program participants who are assessed to be basic skills deficient must receive priority of service whether they are also low-income or public assistance recipients.
Assessments for Basic Skills Deficiency
Chapter: 5
Section: 9.1
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:10:04 AM
Version: 4
Status: Current
Tags: Eligibility
- Across all titles, the Workforce Innovation and Opportunity Act (WIOA) focuses on serving "individuals with barriers to employment" and seeks to ensure access to quality services for these populations. WIOA states that recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient must receive priority for individualized career services and training services.
- In Illinois, the state is aligning WIOA Title IB policy with the Title II Illinois Adult Education Assessment policy when determining the basic skills levels of customers for enrollment. Adopting this policy increases the likelihood that customers stay engaged with the WIOA one-stop system. Furthermore, increased collaboration among WIOA partner programs regarding assessment selection decreases the likelihood of customers completing multiple assessments to achieve the same purpose and ultimately creates greater efficiency in the overall workforce system. The result is optimal performance outcomes for the entire system.
- Tests approved to measure basic skills deficiency as defined by WIOA do not measure vocational skills or advanced technical skills. Therefore, additional assessments should occur that are appropriate for those purposes, and this policy does not limit their use.
- This policy conveys the Illinois Community College Board (ICCB) Adult Education Program approved assessments for use in determining basic skills deficiency as well as the reporting requirements, training for test administrators, and necessary accommodations for assessing customers with disabilities.
Definition of Basic Skills Deficiency
Chapter: 5
Section: 9.2
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:10:16 AM
Version: 3
Status: Current
Tags: Eligibility
- Determining basic skills deficiency during intake assists in qualifying customers for eligibility, demonstrates customer gains, guides referrals, and can determine program effectiveness.
- For purposes of the Workforce Innovation and Opportunity Act (WIOA), Basic Skills Deficient means an individual:
- Who is a youth that has English, reading, writing, or computing skills at or below the eighth (8th) grade level on a generally accepted standardized test; or
- Who is a youth or adult that is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individual's family, or society.
Basic Skills Screening Tool for Priority of Service and Referrals
Chapter: 5
Section: 9.3
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:10:28 AM
Version: 5
Status: Current
Tags: Eligibility
- The Workforce Innovation and Opportunity Act (WIOA) establishes a priority of service to provide individualized career services, training services, or both to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient.
- The Basic Skills Screening Tool (screening tool) (see the Forms & Instructions tab) was developed to provide another mechanism for determining basic skills deficiency by identifying youth or adults who are unable to compute or solve problems or read, write, or speak English, at a level necessary to function on the job which meets the second part of the WIOA definition of basic skills deficient.
- The screening tool will help identify if an individual is basic skills deficient for the purposes of priority of service for Adults, referrals for Adults and Dislocated Workers, and eligibility for Youth. If a participant is referred to Title IB from Title II and already has Adult Basic Education or English Language Learners (ELL) scores within six (6) months, then the Basic Skills Screening Tool would not be required with validated assessments.
- The screening tool is to be given prior to conducting any assessment test;
- The screening tool is not an assessment included as part of a career service for Adults or Dislocated Workers or a component of the objective assessment for Youth and may not be used as the sole method for assessing customer needs to achieve education and employment goals;
- Adults and Dislocated Workers who answer “No” to the question regarding having a high school diploma, General Education Development (GED) certificate, or High School Equivalency Diploma (HSED) should automatically be referred to adult basic education services through Title II; and
- If the screening tool identifies an individual as basic skills deficient, career planners, as appropriate, are to do one or more of the following:
- Provide Adults with priority of service;
- Document this as a basic skills deficiency for the purposes of eligibility for Youth;
- Refer Adults and Dislocated Workers to adult basic education services through Title II; or
- Facilitate referrals for participants with identified barriers to the appropriate WIOA partner or program within the community for service.
- Basic skills deficiency assessments, as outlined in the Assessment Process for Basic Skills Deficiency section of this policy, are then completed to meet the portion of the legislatively mandated Youth assessment, which includes an assessment of basic skills and to support an Adult and Dislocated Worker participant’s ability to do the level of work required for the training program they are attempting to enter.
Assessment Process for Basic Skills Deficiency
Chapter: 5
Section: 9.4
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:10:41 AM
Version: 4
Status: Current
Tags: Eligibility
- During intake, there must be an assessment to determine a customer’s interests, skills, and needs.
- Assessments include an informal and formal component. The informal component includes one-on-one interaction between the participant and the career planner and observations made by the career planner. The formal component includes a basic skills screening to determine priority of service and then completion of the assessment process described in the Career Planning section of the policy manual. The basic skills deficiency assessments are defined below.
- For assessing skills and interests outside of basic skills, local programs must use assessment instruments that are valid and appropriate for the target population and must provide reasonable accommodation in the assessment process, if necessary, for individuals with disabilities.
- Several assessment types may be given, including interest, aptitudes, skills, and others, in addition to the required reading and math assessments to attend training.
- All participants entering into training are required to complete the Basic Skills Training Tool and approved reading and math assessments.
- For Adult and Dislocated Worker participants reading and math assessments (as outlined in paragraph 6) are not required if all of the following are met:
- The Basic Skills Screening Tool does not identify the individual as basic skills deficient, in which case the individual would be either referred to Adult Education or provided additional assessments per the Basic Skills Screening Tool for Priority of Service section of this policy;
-
The customer was not referred to adult basic education services;
-
Other assessment types listed in paragraph 1, including those found on Illinois workNet, must have been utilized and recorded in the Illinois Workforce Development System (IWDS) as outlined in the Career Planning System Entry for Basic Skills Deficiency section of this policy; and
-
The Individual Employment Plan (IEP) shows there was a decision made jointly between the participant and the career planner that career services will accomplish the desired employment goal(s).
- If participants under paragraph 2 cannot meet their employment goals through Career Services or change their mind about receiving Training services, then the reading and math assessments are required to be enrolled in Training services as outlined in paragraph 6 before the participant can be certified for training.
- Customers enrolled only in the Youth Program may use assessments that are approved by the Department of Education National Reporting System (NRS) for determining basic skills deficiency. It should be noted these are the only assessment instruments valid for determining the Measurable Skill Gains (MSG) indicator.
- Unless the customer was referred to adult basic education services or there is an established process in the Local Workforce Innovation Area (LWIA) Memorandum of Understanding (MOU) for a local Adult Education Provider to conduct the reading and math assessments required prior to a participant being certified for training, it is the responsibility of the Title I staff to provide the assessment for determining basic skills deficiency.
- Only tests approved per the Illinois Community College Board (ICCB) Adult Education Policy are allowable for those participants entering training. Those tests include:
- For English Speaking Individuals:
- Test for Adult Basic Education (TABE) 11&12 and Comprehensive Adult Student Assessment Systems (CASAS) GOALS are the approved assessments as outlined in the Adult Basic Education (ABE)/Adult Secondary Education (ASE) Required Testing attachment.
- Title I staff administering the TABE 11&12 test must complete the test administration training offered through the ICCB’s Illinois Learning, Educational and Academic Resource Network (iLearn) website and receive a certificate.
- At least one (1) Title I staff person must complete the CASAS implementation training by certified personnel to use the CASAS GOALS assessment.
- For TABE 11&12, the Locator test must be used to determine the proper pre-test to administer. It may not be solely used as a pre-test or a post-test.
- For CASAS GOALS, the Locator test must be used to determine the proper pre-test to administer. It may not be solely used as a pre-test or for a post-test.
- English-speaking customers must, at a minimum, receive the TABE Reading (Reading) or CASAS GOALS Reading assessment.
- If the training program of choice requires math, the customer must also receive the TABE Math (Math) or CASAS GOALS Math assessment.
- For English Language Learners (English Language Acquisition):
- BEST Literacy™, BEST Plus™ 2.0, or CASAS Life and Work Reading assessments are the approved assessments as outlined in the English Language Acquisition (ELA) Required Testing attachment.
- Title I staff administering the BEST Plus 2.0 test must attend the BEST Plus 2.0 Test Administrator Training Workshop.
- At least one (1) Title I staff person must complete the CASAS training by certified personnel to use the CASAS Life and Work Reading assessment.
- The English Language Acquisition Required Testing (see the Attachments tab) outlines the testing requirements from the Assessment Section of the latest Adult Education and Literacy Provider Manual.
- All tests must follow the Test Publisher’s Guidelines.
- A Locator/Appraisal must be given prior to testing to determine the appropriate level of test to administer.
- If scores indicate the test is not valid because the score is outside of the accuracy range (as indicated by either an asterisk (*) or a diamond (t) for either CASAS GOALS (Reading or Math), the individual must be retested following the guidelines.
- Staff administering assessments must rotate test forms as appropriate during customer post-testing.
- Links to the Test Publisher’s Guidelines and Frequently Asked Questions (FAQs) for TABE 11&12 and CASAS GOALS (Reading and Math) can be found on the Technical Assistance Resources tab.
- To ensure both consistency in processes and validity in identifying appropriate instructional levels, all WIOA Title IB staff administering assessments are required to have participated in the online training offered by the Illinois Community College Board Adult Education Professional Development Network (PDN) for any assessment test they will be administering. In addition to professional development for face-to-face assessments, the PDN developed online training courses for remote proctoring of assessments.
- Professional development is available for administering the TABE 11&12 and CASAS GOALS (Reading and Math) tests for English-speaking individuals, and the BEST Literacy™, BEST Plus™ 2.0, or CASAS Life and Work Reading for English Language Learners can be found on the Illinois Learning, Educational and Academic Resource Network (iLearn) website (see the Resources tab).
- Results and identified needs of the Basic Skills Deficient Assessments must be addressed in the IEP or Individual Service Strategy (ISS) for Youth as outlined in the Career Planning System Entry for Basic Skills Deficiency Assessments section of this policy. This is particularly important if participants are assessed as having basic skill deficiencies and require remediation.
Exceptions to Basic Skills Deficient Assessment Testing
Chapter: 5
Section: 9.5
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:12:30 AM
Version: 3
Status: Current
Tags: Eligibility
- The Workforce Innovation and Opportunity Act (WIOA) provides states with with authority to develop policy on the Basic Skills Deficient definition; therefore, with supporting documentation, the policy will provide exceptions for:
- An individual who has obtained an associate degree or higher;
- Adults and Dislocated Workers who, within the last year, have taken the entrance or placement exam for the postsecondary institution that they intend to attend and passed with scores that do not need developmental or remedial courses in their chosen area of study;
- Youth who, within the last six (6) months, have taken the entrance or placement exam for the postsecondary institution that they intend to attend and passed with scores that do not need developmental or remedial courses in their chosen area of study;
- Individuals who are currently enrolled in post-secondary education, has already taken and passed College Freshman Level course work in both Math and English (Reading), OR is currently enrolled in College Freshman Level course work in both Math and English (Reading);
- The state has determined to allow this option for youth given the U.S. Department of Labor’s (USDOL) stance in the Training and Employment Guidance Letter (TEGL) 09-22 that it is important that assessments do not serve as a deterrent to program enrollment.
- There should be verified documents in the hard copy file of either report card/grade report; transcripts; verification from Registrar’s Office of the College, or other similar documentation that shows the individual is either currently taking or has previously taken and passed freshman level Math and Reading.
- Individuals who are entering a program that does not require specific testing (an example would be Math testing may not be required for a Commercial Driver's License (CDL) program);
- All other testing required by the provider must be completed.
- Career planners are required to add a copy of the school policy to the participant file.
- Adults or Dislocated Workers who are entering only WIOA On-the-Job Training, Paid Work Experience, or Customized Training;
- Trade Adjustment Assistance (TAA) customers only receiving Reemployment Trade Adjustment Assistance (TRTAA) or Alternative Reemployment Trade Adjustment Assistance (ATAA); or
- TAA customers only receiving Job Search and/or Relocation Allowances.
Career Planning System Entry for Basic Skills Deficiency Assessments
Chapter: 5
Section: 9.6
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:10:55 AM
Version: 4
Status: Current
Tags: Eligibility
- The Basic Skills Screening Tool is now incorporated in the Illinois Workforce Development System (IWDS). If using this tool, the only acceptable documentation to support the selection of basic skills deficiency in IWDS is the completed, signed, and dated Basic Skills Screening Tool. This form must be kept in the customer’s file and noted in the case notes and either the Individual Employment Plan (IEP) or the Individual Service Strategy (ISS), also known as the career plan as applicable.
- Any assessment given, whether formal or informal, must be recorded in the applicable case management system.
- All assessments conducted must be recorded under the Comprehensive and Specialized Assessment service for Adults and Dislocated Workers in IWDS. Assessments for Youth must be recorded in the Development of an Individual Service Strategy service.
- The Assessment Summary screen in IWDS has entries for Narratives, Tests, Employment Goals, and Income & Expense Worksheet.
- The Narrative tools on the Assessment Summary in IWDS must be utilized to record information gleaned from the career planner related to the different assessment categories. The narrative should incorporate what the assessment results mean, not just documentation of the test outcomes.
- The assessment topics available for narrative entry are Aptitudes, Employment, Interests, Barriers, Family, Skills, Behavior, and General.
- Assessments and all test result criteria must also be recorded in the Test screens in IWDS. The assessment provided must be recorded under Test.
- For Interests, Aptitude, Skills, or Other assessment, record those under the Category of Other and the appropriate Functional Area.
- For the assessments listed in Assessment Process for Basic Skills Deficiency paragraph 6, record those under the appropriate category:
- For English Speaking Individuals, record under the Category of Adult Basic Education (ABE) under the appropriate Functional Area; or
- For English Language Learners, record under the Category of English as a Second Language-ESL under Other Literacy Functional Area.
- Assessments must be documented in the in-system Assessment and IEP/ISS forms and in case notes for Career Connect.
- Upon completion of any assessment, identified needs must be documented in the Development of an Individualized Employment Plan for an Adult or Dislocated Worker or, in the instance of Youth, the Development of an Individualized Service Strategy service.
Remote Testing for Basic Skills Deficiency Assessments
Chapter: 5
Section: 9.7
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 5/16/2023 11:11:11 AM
Version: 5
Status: Current
Tags: Eligibility
- In response to the COVID-19 pandemic, the Illinois Community College Board's Adult Education and Literacy Division allowed instruction in an online, distance education and/or remote learning delivery method. That practice is being continued as the State emerges from the restrictions put in place by the Illinois Department of Public Health and Centers for Disease Control’s guidance.
- Only the TABE 11&12 and CASAS GOALS (Reading and Math) for English-speaking individuals or the Best Plus 2.0 and CASAS Life and Work Reading assessments for English Language Learners can be offered virtually.
- A chart outlining the assessment tools, including the additional training requirements for remote testing, is outlined in the Assessment Tools for WIOA Title I and II Programs. (See the Attachments tab.)
Program Funding
Chapter: 6
Section: Effective Date: 5/5/2016
Expiration Date: Continuing
Revision Date: 8/31/2016 3:25:26 PM
Version: 1
Status: Current
Tags: Grants
PurposeNeed
Annual Allocation and Modification Requirements of WIOA Formula Grant Funds
Chapter: 6
Section: 1
Effective Date: 6/13/2017
Expiration Date: Continuing
Revision Date: 5/30/2024 2:19:33 PM
Version: 15
Status: Current
Tags: Allocation,
Grants,
Major Modification
This policy provides guidelines for establishing and modifying Workforce Innovation and Opportunity Act (WIOA) formula grants received from the annual allotment Training and Employment Guidance Letter (TEGL) issued by the US Department of Labor - Employment and Training Administration (USDOL-ETA). This allotment applies to the Adult, Dislocated Worker, and Youth formula funding streams under WIOA Title IB.
- The annual allotment issued by USDOL-ETA in a Training and Employment Guidance Letter (TEGL) does the following:
- Disseminates the amounts available to each state.
- Specifies the amount available for the Governor to set aside for statewide workforce investment activities and rapid response activities.
- Lists the salary cap imposed under the latest appropriation act. The use of funds under the header “Employment and Training Administration”, by a recipient or subrecipient to pay the salary and/or bonus of an individual as either direct costs or indirect costs, at a rate in excess of Executive Level II is prohibited.
- Provides that the Governor reserve a portion of the dislocated worker funds for statewide rapid response activities, as described in Section 134(a)(2) of WIOA.
- All formula funds are subject to the Uniform Guidance outlined at 2 CFR 200 and the U.S. Department of Labor exceptions outlined at 2 CFR 2900.
- The Local Workforce Innovation Board (LWIB) may not authorize expenditures for the area until the Department of Commerce receives a signed contract document and enters the grant information into the department’s accounting system.
Adult and Dislocated Worker Allocations
Chapter: 6
Section: 1.1
Effective Date: 6/13/2017
Expiration Date: Continuing
Revision Date: 6/22/2022 1:34:15 PM
Version: 11
Status: Current
Tags: Allocation,
Major Modification
- WIOA allots funds for the Adult and Dislocated Worker programs in two separate appropriations.
- The first appropriation, termed “base funds”, becomes available for obligation on July 1.
- “Advance funds”, which is the second appropriation, becomes available for obligation on October 1.
- Congress appropriates these “advance funds” in the Fiscal Year (FY) immediately prior to when they become available on October 1.
- First Quarter Limitation
- “Advance” funds issued on October 1 (i.e., future fiscal year appropriations) cannot pay prior fiscal year expenditures.
- States and local areas cannot expend more than what was allotted on July 1 through September 30.
- For a breakdown of available Adult and Dislocated Worker funding, see Attachments B-2, B-3, C-2, and C-3 of the annual funding notice.
- Transfer Authority is provided in the annual funding notice and outlines the procedures to evaluate transfer requests and establishes the amount allowed by the Governor in accordance with WIOA Section 133(b)(4) and described in 20 CFR 683.130.
- An LWIB may reserve up to twenty percent (20%) of their combined total of adult and dislocated worker allotments for Incumbent Worker Training per WIOA Section 134(d)(4)(A)(i) and described in 20 CFR 680.800.
- Incumbent Worker Training must meet the special requirements of an employer (including a group of employers) to retain a skilled workforce or avert the need to lay off employees by assisting the workers in obtaining the skills necessary to retain employment.
- A commitment by the employer to retain or avert the layoffs must be in place prior to the training for the incumbent worker(s).
- The LWIB may reserve up to ten percent (10%) of their combined total of adult and dislocated worker allotments for Transitional Job Training per WIOA Section 134(d)(5) and described in 20 CFR 680.190.
- Transitional Job Training is limited to individuals who experience chronic unemployment or have inconsistent work history that creates a barrier to employment and includes only work experience subsidized either by the public, private, or non-profit sectors.
- WIOA Section 133(b)(2)-(3) and WIOA Section 128(b) provides that a LWIB may reserve up to ten percent (10%) of their youth allotment and/or the combined total adult and dislocated worker allotments for Pay-for-Performance contract strategies.
- Follow 20 CFR 683.500 through 683.530 and 20 CFR 361.160 when implementing Pay-for-Performance contracts.
- The Illinois Workforce Innovation Board (IWIB) requires an LWIB to ensure that the minimum percentage of the annual formula-allocated program expenditures are on allowable training costs for the combined WIOA Title I Adult and Dislocated Worker programs as described in the Training Expenditure Requirement section of the policy manual.
Youth Allocation
Chapter: 6
Section: 1.2
Effective Date: 6/13/2017
Expiration Date: Continuing
Revision Date: 6/27/2024 9:31:15 AM
Version: 14
Status: Current
Tags: Allocation,
Major Modification,
Youth
- The WIOA Youth grants are funded through a single appropriation.
- First Quarter Limitation
- One hundred percent (100%) of the youth funding is available for expenditure on April 1 each year since it is fully funded from the “base” federal fiscal year (FFY).
- Out-of-School Youth
- WIOA establishes a primary Title I youth program focus to support the educational and career success of out-of-school youth (OSY). WIOA requires that local areas must expend at least seventy-five percent (75%) of all total youth funds, minus any administrative funds, on OSY. Illinois has a waiver from USDOL, to reduce the percentage to fifty percent (50%) for PYs 2022 and 2023 (July 1, 2022 through June 30, 2024).
- Work-Experience Training Expenditures
- LWIBs must expend at least twenty percent (20%) of the total youth program funds on work experience activities.
- WIOA identifies four categories of work experience: (1) summer employment opportunities and other employment opportunities available throughout the school year; (2) pre-apprenticeship programs; (3) internship and job shadowing; and (4) on-the-job training (OJT) opportunities.
Formula Grant Establishment
Chapter: 6
Section: 1.3
Effective Date: 6/13/2017
Expiration Date: Continuing
Revision Date: 5/8/2019 4:06:17 PM
Version: 9
Status: Current
Tags: Allocation,
Major Modification
- The annual funding notice transmits the allocations for each local workforce innovation area, communicates the items required for submission, and provides the date in which all information is due.
- Each LWIB must use the instructions and amounts provided in the annual funding Notice to develop the planned budget and registrant numbers.
Modification of WIOA Formula Grants
Chapter: 6
Section: 1.4
Effective Date: 6/13/2017
Expiration Date: Continuing
Revision Date: 6/22/2022 1:37:47 PM
Version: 10
Status: Current
Tags: Allocation,
Major Modification
- There is a need for a grant modification if any of the following conditions occur:
- There are changes to the grantee’s available funding such as additional allocations, transfers between the adult and dislocated worker funding streams, reallocations, rescissions, or any other change such as budget line item adjustment; and/or
- When the LWIB needs to alter planned registrant numbers based on changes in service strategy or other factors.
- Reallocation of Funds
- Reallocation of funds applies to the WIOA Title 1B program: Adult, Dislocated Worker, and Youth funding streams.
- The amount recaptured from each local area, if any, will be based on the amount by which the prior program year’s un-obligated balance of allocated funds exceeds twenty percent (20%) of that year’s allocation for the program, less any amount reserved (up to ten percent (10%)) for costs of administration.
- Un-obligated balances on allocations will include adjustments for any allowable transfer between funding streams. A notice will list the reallocation amounts by each funding stream and include instructions to submit a modification reflecting the actual reallocated/de-obligated amounts.
- Any LWIB will be eligible to receive reallocated funds in a funding stream that exceeds the minimum obligation level for that particular program.
- If through the federal appropriation process there is a rescission of funds, there will be a notice issued stating the reduction and any instructions necessary for the modification.
- Budgeted Line-Item Adjustment
- The expenditure reporting screens in the Department’s accounting system include the budget and the sub “roll-up” line items as part of the monthly expenditure reporting requirements.
- A LWIB may approve the grantee adjusting the budget line items that “roll-up” within that line without a formal budget modification so long as the total for the category is not exceeded.
- Example: Grantees may alter the Adult budget for any of the following sub “roll-up” line items so long as the total amount for budget line item of Adult Direct Training does not change: Occupational Skills Training ITAs; Occupational Skills Training – Other; Remedial/Pre-Vocational Training; Pay-for-Performance Contracts; and Supportive Services.
- Registrants
- Should LWIBs need to adjust the planned registrant numbers, they are able to do so without a formal grant modification.
- The same modification procedures apply when adjusting planned registration numbers.
- Significant changes to the planned service strategies may require a local plan modification.
- Each LWIB must use the instructions provided in the annual funding notice to revise planned budget and/or registrant numbers.
Reporting for WIOA Formula Grant Funds
Chapter: 6
Section: 1.5
Effective Date: 4/15/2016
Expiration Date: Continuing
Revision Date: 5/6/2021 3:55:45 PM
Version: 9
Status: Current
Tags: Allocation,
Major Modification
- Grantees must follow requirements for expenditure reporting outlined in the Reporting of Accrued Expenditures, Obligations and Reallocations section of the policy manual.
- Participant activity must be reported in IWDS within ten (10) days of the occurrence.
- Grantees must complete and submit the Periodic Performance Report (PPR) and the Periodic Financial Report (PFR) to OET on a quarterly basis. The specific date for reporting is indicated on the Reports Deliverable Schedule. In addition to the reports listed, grantees must also submit quarterly, supporting documentation such as a Plan vs. Actual Report and a Trial Balance. The templates and instructions are found at the link listed on the References tab.
WIOA Rapid Response (1E) Grant Funds
Chapter: 6
Section: 2
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 7/19/2024 10:04:37 AM
Version: 7
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
Rapid Response encompasses strategies and activities for the state or designated entity to respond as quickly as possible following an announcement of a permanent closure, mass layoff, or natural or other disaster which results in mass job loss. Through Rapid Response, the state or designated entity delivers services to enable dislocated workers to transition to new employment as quickly as possible. The purpose of Rapid Response is to promote economic recovery and vitality by developing an ongoing, comprehensive approach to identifying, planning for, or responding to layoffs and dislocations, and preventing or minimizing their impacts on workers, businesses, and communities.
Rapid Response (1E) Grant Funds
Chapter: 6
Section: 2.1
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:00:37 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
Awards through this policy are to support significant dislocation events with temporary time-limited funding. These funds are not available to replenish general formula shortfalls or fluctuations in annual allotments.
Rapid Response (1E) Grant Program Eligibility
Chapter: 6
Section: 2.2
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:17:26 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
To submit for Rapid Response (1E) Grant Funds, the following eligibility criteria apply:
- General Eligibility will be based on the following:
- Meeting the annual accrued expenditure and obligation requirements for the Dislocated Worker formula funds as described in the Reporting of Accrued Expenditures, Obligations and Reallocations section of the policy manual for the previous program year and annualized for the current program year.
- Meeting the direct training expenditure rate for formula funds under the Training Expenditure Requirement section of the policy manual in the prior program year and demonstrating it will be met in the current program year.
- Special Note: Dislocation events within an LWIA caused by a natural disaster are exempt from General Eligibility criterion 1.a. and 1.b. above.
- Funding for 1E may only cover the costs associated with approved events and allowable activities as negotiated in the grant Exhibits A (Project Description/Statement of Work) and Exhibit B (Deliverables and Milestones).
- For new events, participants must be registered and enrolled, following the Career Planning section of this policy manual, into applicable services as defined in the development of the Individual Employment Plan (IEP).
- Caseloads across formula titles (1D, 1A, 1E) and Trade Programs that do not average seventy-five (75) customers per career planner will be required to provide additional justification for consideration to be given to career planning costs.
- If an event occurs in the previous program year and 1E funds were not requested, it can be treated as a new event and submitted for consideration.
- ITA limits or supportive services limits cannot be used to calculate these budgets. The historical cost average for these types of costs must be the basis for the funding request.
- Grantees that transfer Dislocated Worker formula funds (1D) to the Adult Program (1A) will be required to provide justification for 1E funds.
- A new application may be denied if an LWIA has not entered the event into the Illinois Employment Business System (IEBS).
- Career Planners must record the IEBS Event ID on the dislocation job record for each customer tied to the event when the individual's application record is entered in the Illinois Workforce Development System (IWDS).
- OET may negotiate and fund projects under terms other than those specified in this policy, where it can be clearly demonstrated to OET that such adjustments will achieve a greater positive benefit for the workers and/or the communities being assisted.
- Dislocation Event Eligibility
- A single dislocation event in an LWIA must affect fifty (50) or more workers.
- An event from a single company that has a statewide impact affecting two-hundred (200) or more workers may also be eligible if the completed Worker Needs Survey supports a need for funding for training.
- The LWIA with the highest number of impacted workers should apply on behalf of a designated regional area.
- The submitting LWIA will issue subgrants to other affected LWIAs.
- No LWIA may receive a subgrant for 1E funds if they have not met the requirements found at 1.a., 1.i., and 1.l. above.
- A dislocation event within an LWIA caused by a natural disaster.
- The LWIA with the highest number of impacted workers should apply on behalf of a designated regional area.
- The submitting LWIA will issue subgrants to other affected LWIAs.
- No LWIA may receive a subgrant for 1E funds if they have not met the requirements found at 1.a., 1.i., and 1.l. above.
- OJT or work experience projects of twenty (20) or more recently separated veterans.
- Recently separated is defined as any veteran who applies for participation under WIOA within forty-eight (48) months after the discharge or release from active military, naval, or air service.
- In accordance with TEGL 22-04, Change 1 all veterans who have not received a dishonorable discharge are to be considered as having been terminated from the military upon their dismissal, thus making them eligible as dislocated workers, so long as they meet ALL other dislocated worker eligibility criteria.
- OET will consider on a case-by-case basis 1E funding for other activities that do not meet the eligibility guidelines outlined in this section if regular 1D funding is not available or sufficient to serve customers impacted by the event.
Rapid Response (1E) Grant Submission Process
Chapter: 6
Section: 2.3
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:21:20 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
- Grantees that are interested in applying for 1E funds should connect with their OET regional manager to discuss their funding needs.
- Each LWIB must use the instructions provided in the annual funding notice for 1E rapid response funds for the items required for submission.
Rapid Response (1E) Grant Modification Requests
Chapter: 6
Section: 2.4
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:25:34 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
- Whenever a change occurs to the current grant, a modification is required.
- Modification types may include:
- Funding Increase;
- Request the addition of a 1E event(s) which necessitates additional funds; or
- Request additional funds due to the number of planned participants increasing;
- “No Cost” Modification; or
- Request the addition of a 1E event(s) and there are sufficient funds available in the current 1E grant to serve this population.
- Date Extension.
- Request a date extension for the 1E grant.
- Once the grantee's initial grant award is obligated, under no circumstance may additional 1E funds be committed without prior approval from OET.
- To facilitate the balance between obligated, accrued, and expended funds, grantees must submit timely modifications requesting the additional funds needed.
- Each LWIB must use the instructions provided in the annual funding notice to revise the planned budget and/or registrant numbers.
Rapid Response (1E) Grant Reporting Requirements
Chapter: 6
Section: 2.5
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:29:09 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
- All dislocation events and the supporting participant level details must be entered in the IEBS, Career Planning, and Grants sections of IWDS, as appropriate. This must occur before the submission of the application.
- IWDS Career Planning Section
Career Planners must record the IEBS Event ID on the dislocation job record for each participant tied to the event when the individual's application record is entered in IWDS.
- IWDS Grants Section
- LWIAs cannot enroll participants on the system unless grant plans have been entered in the system, are set to pending by the grantee, and approved by OET. Grant modifications must also be entered in the IWDS system by the grantee and approved by OET.
- Information for Grant Planning includes the following:
- Budgeted Costs; and
- Registrants.
- During pre-layoff workshops, the interests of the workers must be documented.
- Documentation shall include a Worker Needs Survey, with the cumulative results recorded in IEBS by the LWIA.
- The Worker Needs Survey used must be designed by the program operator with objective questions sufficient to complete the survey screen in the IEBS.
- Participant activity must be reported in IWDS and fiscal data reported in the Department's accounting system known as the Grantee Reporting System (GRS). Participant activity must be reported within ten (10) days of the occurrence as described in the Career Planning section of the policy manual. Accrued expenses and obligations must be reported monthly or within thirty (30) days of the occurrence following the Reporting of Accrued Expenditures, Obligations, and Reallocations section of the policy manual.
- Grantees must complete and submit the Periodic Performance Report (PPR) and the Periodic Financial Report (PFR) to OET every quarter. The specific date for reporting is indicated on the Reports Deliverable Schedule. In addition, grantees must also submit either a Plan vs. Actual Report or a Participant by Grant Report and a Trial Balance supporting documentation to the PPR and PFR respectively. The templates and instructions are found at the link listed on the References tab.
Rapid Response (1E) Grant De-Obligation for Under-Expenditure of Funds
Chapter: 6
Section: 2.6
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:31:25 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
- OET reserves the right to review actual grant expenditures for all 1E grants and modifications during the first three quarters of each program year on or about the thirtieth (30th) day following the end of each of the first three (3) quarters.
- If the grantee has expended 85 percent (85%) or more of the planned quarterly expenditures, no action will be taken by OET.
- If the grantee has expended less than 85 percent (85%) of the planned quarterly expenditures, OET may de-obligate the entire remaining portion of the unspent 1E funds for the quarter.
- Following OET review, the local grant recipient will be contacted in writing with instructions to prepare a modification to de-obligate the unexpended 1E funds.
- The modification will be due within thirty (30) days of OET's correspondence.
Rapid Response (1E) Grant Performance Measures
Chapter: 6
Section: 2.7
Effective Date: 3/14/2022
Expiration Date: Continuing
Revision Date: 3/11/2022 5:33:40 PM
Version: 2
Status: Current
Tags: DW State Reserve 1E,
Grants,
Rapid Response
- All WIOA participants are included in WIOA performance measures regardless of funding source.
- Rapid Response (1E) grants issued under this policy will be aggregated with Dislocated Worker formula grants (1D) to determine whether locally negotiated performance goals have been achieved.
- Local Dislocated Worker performance goals will not be renegotiated with the award of Rapid Response (1E) grants or modifications.
Additional Funding Opportunities
Chapter: 6
Section: 3
Effective Date: 5/8/2019
Expiration Date: Continuing
Revision Date: 6/14/2024 12:22:27 PM
Version: 15
Status: Current
Tags: Grants,
Notice of Funding Opportunity (NOFO)
At various times throughout the year, the Department of Commerce and Economic Opportunity's Office of Employment and Training (DCEO/OET) will solicit applications for projects to help us advance our mission. Generally, funding for these initiatives will utilize federal funds from the U.S. Department of Labor under the Workforce Innovation and Opportunity Act, but other sources of funding may be available.
For formula/non-competitive grants, the OET will issue a Notice announcing a funding opportunity. These funding opportunities are limited to local workforce innovation boards (LWIBs). Each Notice will include detailed instructions for applying. Active Notices are posted in the Notices tab.
For competitive grants, the OET will issue a Notice of Funding Opportunity (NOFO) asking organizations to respond. The NOFO is typically for a specific activity that is linked to the priorities of the State of Illinois Unified State Plan. Each NOFO will include detailed instructions for applying. These funding opportunities are limited to public and private organizations that are in good standing with the Illinois Secretary of State. DCEO/OET selects the organizations whose responses best meet the evaluation criteria outlined in the solicitation. Active NOFOs are posted on the websites listed on the References tab.
National Dislocated Worker Grants (DWGs)
Chapter: 6
Section: 4
Effective Date: 8/14/2024
Expiration Date: Continuing
Revision Date: 8/14/2024 2:07:33 PM
Version: 2
Status: Current
Tags: Dislocated Worker,
Grants,
DWG
- National Dislocated Worker Grants (DWGs) are discretionary grants awarded by the Secretary of Labor. DWGs provide resources to states and other eligible applicants to respond to large, unexpected layoff events causing significant job losses. In addition, DWGs may fund disaster relief employment to assist with recovery efforts in federally declared disaster areas. There are two types of DWGs:
- Employment Recovery DWGs temporarily expand capacity to serve dislocated workers, including military service members, and meet the increased demand for Workforce Innovation and Opportunity Act (WIOA) employment and training services. The goal is to reemploy laid-off workers and enhance their employability and earnings.
- Disaster Recovery DWGs provide funding to create temporary employment opportunities to assist with humanitarian assistance and clean-up and recovery efforts when an area impacted by disaster is declared eligible for public assistance by the Federal Emergency Management Agency (FEMA) or otherwise recognized by a federal agency with authority or jurisdiction over federal response to the emergency or disaster. Unlike Employment Recovery DWGs, Disaster Recovery DWGs uniquely provide wages to participants assisting with humanitarian assistance, clean-up, and recovery efforts as defined by WIOA and DWG regulations.
- This section discusses the DWGs, including participant eligibility, operating instructions, grant administration and reporting, performance reporting, and performance measures.
- Illinois' guidance on DWGs is outlined in the DWG Operating Procedures Manual attachment. (See the Attachments tab.)
- The Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) consulted with the Illinois Department of Employment Security (IDES) concerning paying into Unemployment Insurance (UI) for Disaster Relief Employment (DRE) temporary workers who assist with disaster recovery and cleanup. IDES advised that because the primary purpose of Disaster Relief Employment (DRE) is to assist communities in their emergency disaster recovery efforts, the wages earned from Disaster Relief Employment are not excluded from Unemployment Insurance (UI) reporting. It's acknowledged that training and new skill development are valuable outcomes and benefits of DRE temporary work; however, they are a secondary benefit.
- The links in the References tab provide federal guidance and other information necessary to provide services through the DWGs.
Program Services
Chapter: 7
Section: Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 11/4/2024 3:39:08 PM
Version: 2
Status: Current
Tags: Services
PurposeThe Workforce Innovation and Opportunity Act (WIOA) and the implementing Federal Rule provide an operational framework for delivering integrated, comprehensive case management and employment services across the one-stop service delivery system. In Illinois, workforce development, education, and other partners come together to create and sustain an accessible, human-centered design approach to improve employment outcomes for all job seekers, focused on meeting the skilled worker needs of businesses.
Career services support and empower customers to make informed decisions based on economic demand and to achieve their employment and education goals.
Chapter 7.1 presents local workforce development boards and other workforce system partners with instruction and guidance regarding career services as prescribed in Section 134 of WIOA and 20 CFR Part 678 of the WIOA Final Rule.
Training services can contribute to the employment success of many Adults and Dislocated Workers. Under WIOA these training services may be made available to employed and unemployed Adults and Dislocated Workers who meet the appropriate eligibility requirements. Training services include the full range of occupational skills training, adult education and literacy services, and customized training.
Chapter 7.2 provides local workforce development boards and other workforce system partners with instruction and guidance regarding training services as prescribed in Sections 129 and 134 of WIOA and 20 CFR Part 680 and 681 of the WIOA Final Rule.
Chapter 7.3 outlines the requirements for training providers' and programs' eligibility. An Eligible Training Provider List (ETPL) is a list of approved training providers and programs that expands participants’ training options when purchased through an Individual Training Account (ITA).
Supportive Services provide WIOA participants with activities with key assistance beyond career and training services necessary to achieve success in securing and retaining employment. Supportive services, like assistance with transportation or childcare, allow participants to successfully engage with WIOA career and training activities. Needs-related payments provide financial assistance to participants enabling them to participate in training. Unlike other supportive services, to qualify for needs-related payments, a participant must be enrolled in training.
Chapter 7.4 expands on the WIOA program guidelines for supportive services under WIOA.
WIOA delivers comprehensive youth services that focus on assisting Out-of-School Youth and In-School Youth, with one or more barriers to employment, prepare for employment and postsecondary education opportunities; attain educational and/or skills training credentials; and secure employment with career/promotional opportunities.
Chapter 7.5 outlines the requirements for procurement of youth activities and lists the fourteen (14) youth elements prescribed in WIOA.
Career Services
Chapter: 7
Section: 1
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 11/4/2024 3:42:18 PM
Version: 5
Status: Current
Tags: Program Eligibility,
Career Services,
Services
There are three (3) categories of career services: basic career services, individualized career services, and follow-up services. Basic services are made available to each individual who accesses an Illinois workNet Center, while individualized career services are tailored to each participant to meet his or her needs.
Basic career services are universally accessible and must be made available to all individuals seeking employment and training services in at least one comprehensive Illinois workNet Center per local area. Generally, these services involve less staff time and involvement and include eligibility determinations, initial skill assessments, labor exchange services, provision of information on programs and services, and program referrals. These services may be provided by both the Adult and Dislocated Worker programs and the Employment Service.
Individualized career services must be provided to participants after Illinois workNet Center staff determine that such services are required to retain or obtain employment, consistent with applicable statutory priorities. Generally, these services involve significant staff time and customization to everyone’s needs. Individualized career services include specialized assessments, developing an individual employment plan, counseling, work experiences (including transitional jobs), etc.
The Required Career Services section of the policy manual outlines all the career services available to Workforce Innovation and Opportunity Act (WIOA) Adults and Dislocated Workers.
There is no requirement to provide basic career services before providing individualized career services; however, basic career services will naturally occur as part of the process before an individualized career service is provided. Some individuals may only need basic career services, while others may require individualized career services to obtain or retain employment.
Training
Chapter: 7
Section: 2
Effective Date: 10/9/2013
Expiration Date: Continuing
Revision Date: 8/20/2021 8:18:40 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
The requirements of this section relate to general eligibility of training providers of training programs.
- All training programs must be provided by an eligible training provider, unless otherwise allowed in accordance with the Training section of the policy manual.
- The case manager must work with the individual seeking training services to select a training provider program that will lead to an employment related placement.
- All training programs, unless otherwise noted within this policy or the Training section of the policy manual, must be certified and include a target occupation(s) from the current Demand Occupation Training List for the local area.
- Training Contract Requirements
- All training contracts or written agreements must include, at a minimum, the following information:
- Who is providing the training;
- Who is to receive the training;
- What training will be provided;
- Where the training will be provided;
- The length of the training to be provided (to include the start and end date, number of days per week, and number of hours per day);
- The cost of the training program (to include only reasonable and acceptable costs); and
- If applicable, the amount of employer matching or leveraged support and how it will be provided.
- Assess current training offerings to ensure that the contracts are not duplicating existing training courses and curricula. These training contracts can be performance-based to ensure that they result in real outcomes for the student.
- For training that will be held away from a traditional classroom setting, assurances that reasonable working conditions are being provided (including health and safety standards established under State and Federal laws) must be included in the contract or written agreement.
- Regardless of the type of training to be provided to a customer, an Individual Employment Plan (IEP) shall be developed that includes, at a minimum:
- Employment goal and wage expectation;
- Employment assistance determination;
- Training goal(s), including any industry-recognized credentials expected to be obtained;
- Training plan, including the need for remedial, pre-requisite, vocational or occupational training;
- Length of training program, including expected training breaks;
- All necessary training components, especially when multiple types of training are to be provided (i.e., remedial training leading to OJT or customized training); and
- Supportive services necessary for the customer to complete the training.
- All training programs must be in accordance with local workforce innovation area (LWIA) training limits and other requirements.
- Local areas may consider waivers or exceptions to these limits for certain training programs such as OJTs, Class Size Training, or Customized Training, to meet the needs of area employers.
Grantees shall consider all training options in order to customize training for the specific training needs of the customer. Training must lead to placement in a demand occupation.
Individual Training Accounts (ITAs)
Chapter: 7
Section: 2.1
Effective Date: 6/12/2019
Expiration Date: Continuing
Revision Date: 6/27/2024 9:28:04 AM
Version: 6
Status: Current
Tags: ITAs,
Program Eligibility,
Services
The Individual Training Account (ITA) finances training services for eligible individuals. WIOA Title I adults, dislocated workers, and youth ages sixteen-twenty-four (16-24) work with a career planner to select and then purchase the appropriate training services from those on the Eligible Training Provider List (ETPL). Participants are expected to utilize information such as skills assessments, labor market conditions/trends, and training providers’ performance, and to take an active role in managing their employment future using ITAs.
ITAs are one training option available to eligible and appropriate participants when it is determined by a career planner that they will be unlikely or unable to obtain or retain employment that leads to self-sufficiency or higher wages from previous employment through career services alone. An ITA is limited in cost and duration and must result in employment leading to economic self-sufficiency or wages comparable to or higher than wages from previous employment.
Training programs selected shall be connected to occupations in demand, based on current labor market information with an emphasis on employment opportunities within the Local Workforce Innovation Board’s (LWIB) priority industry sectors. Training shall lead to a recognized postsecondary credential as defined by WIOA.
ITAs are allowed for out-of-school youth ages sixteen-twenty-four (16-24) per 20 CFR 681.550.
Use of Contracts Instead of ITAs
Chapter: 7
Section: 2.1.1
Effective Date: 6/12/2019
Expiration Date: Continuing
Revision Date: 7/26/2021 1:27:30 PM
Version: 1
Status: Current
Tags: ITAs,
Program Eligibility,
Services
- The law provides that contracts may be used instead of ITAs only when one (1) or more of the five (5) exceptions, as outlined below, apply and the customer choice requirements are fulfilled. It is possible that more than one exception might be pursued at the same time by an LWIB. If more than one (1) exception to the use of ITAs is made by an LWIB during the same program year, the LWIA may spend a significant portion of adult and dislocated worker formula training funds using contracts for service rather than ITAs.
- When the services provided are on-the-job training (OJT), customized training, incumbent worker training, or transitional jobs;
-
When the local board determines that there are an insufficient number of eligible providers in the local area to accomplish the purpose of a system of ITAs;
-
When the local board determines that there is a training services program of demonstrated effectiveness offered in the area by a community-based organization (CBO) or another private organization to serve special participant populations that face multiple barriers to employment;
-
When the local board determines that it would be most appropriate to contract with an institution of higher education (see WIOA Section 3(28)) or other provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations, provided that the contract does not limit consumer choice; or
-
When the local board is considering entering into a Pay-for-Performance contract.
-
During a program year, an LWIA will be in compliance with the statutory requirement to utilize ITAs to the extent practical, if the LWIA, at a minimum:
-
Expends the majority (i.e., at least 51 percent (51%)) of combined costs incurred through ITAs and training contracts under the adult and dislocated worker programs through individual training accounts; or
-
Serves the majority (i.e., at least 51 percent (51%)) of adult and dislocated worker customers receiving training services through ITAs.
-
The 51 percent (51%) minimum criterion is set as low as possible to allow LWIBs flexibility, while still meeting the statutory requirement.
-
This policy is intended to allow LWIBs to pursue alternative training opportunities to expand training choices and better link workforce and economic development.
-
An LWIB that has determined that there are insufficient eligible providers in the local area to accomplish the purposes and complies with the requirements of the Act, may be in a position of not using ITAs at all or minimally. Such an LWIA will also be considered to be in compliance, regardless of the percent of combined adult and dislocated worker training funds expended through ITAs (see the Limited Training Service Providers section of this policy).
Programs of Demonstrated Effectiveness
Chapter: 7
Section: 2.1.2
Effective Date: 6/12/2019
Expiration Date: Continuing
Revision Date: 5/27/2020 10:24:06 AM
Version: 2
Status: Current
Tags: ITAs,
Program Eligibility,
Services
-
This is an exception to the ITA requirements if the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve special participant populations that face multiple barriers to employment.
-
The following criteria must exist to utilize the exception:
-
The training must be for a special low-income population with multiple barriers to employment, including substantial language or cultural barriers, offenders, homeless, and disabled individuals.
-
The training must be provided by a Community-Based Organization (CBO) or other private organization.
-
The training provider must be an eligible WIOA Training provider.
-
Other requirements
The LWIB must develop criteria to determine "effectiveness" in the context of this exception. These criteria may include:
-
Financial stability;
-
Demonstrated performance in services to individuals with barriers to employment; and
-
How the specific program relates to the workforce investment needs identified in the local plan.
Limited Training Service Providers
Chapter: 7
Section: 2.1.3
Effective Date: 6/12/2019
Expiration Date: Continuing
Revision Date: 7/26/2021 1:31:06 PM
Version: 2
Status: Current
Tags: ITAs,
Program Eligibility,
Services
Contracts for training rather than ITAs may be used when there is an insufficient number of eligible providers in a local area. This exception applies primarily to rural areas.
- When the LWIB determines that there are an insufficient number of eligible providers in the local area to accomplish the purpose of a system of ITAs, the local plan must describe the process to be used in selecting the providers under a contract for services.
- This process must include a public comment period for interested providers of at least thiry (30) days.
- An LWIA that has determined that there are insufficient eligible providers in the local area to accomplish the purposes of the Act and complies with the requirements of the Act may use ITAs to a limited degree or not at all.
- This provision may be interpreted as a “blanket” waiver regarding the requirement to the use of ITAs.
- However, given the current widespread use of ITAs in all areas of Illinois (including rural areas), it is not expected that this provision could be justified on a blanket basis.
- However, there may be instances when one (1) or more programs are either unavailable altogether or are available from one (1) or a very few eligible providers - resulting in limited choice for training consumers.
- In such cases it is more justifiable to apply this provision on an exception basis rather than as a blanket.
- Applying this exception on a program-by-program basis is more consistent with the direction provided in federal rule that exceptions to the use of ITAs be infrequent.
- Therefore, an LWIB may invoke this provision on a program-by-program basis.
- The LWIB must document the formal action determining that there are an insufficient number of eligible providers and make appropriate modifications to the local plan to support the exception(s).
- To the extent exceptions are made, such an LWIA will be considered to be in compliance, regardless of the percent of combined adult and dislocated worker training funds expended through these contracts or the proportion of customers served through ITAs.
- However, it is expected that the LWIB will continue to make efforts to maximize customer choice of training options under the contract-for-services procurement approach.
- Contracts for training entered into under this exception may only be to eligible training providers and these programs must be on the State list of certified training programs.
Local ITA Policy
Chapter: 7
Section: 2.1.4
Effective Date: 6/12/2019
Expiration Date: Continuing
Revision Date: 5/27/2020 10:30:08 AM
Version: 1
Status: Current
Tags: ITAs,
Program Eligibility,
Services
- Local Workforce Innovation Boards (LWIBs) must develop a local ITA policy described in the local plan that establishes and describes the restrictions on the duration and/or amounts of ITAs, procedures for making payments, and policies regarding exceptions to the limits.
- The local policy may also include:
- Coordination of funds with other federal, State, local, or other sources of financial assistance;
- Criteria established for continued funding of an ITA;
- The process for career planners to track a participant’s progress in their coursework; and
- When an ITA may be modified.
Work-Based Learning
Chapter: 7
Section: 2.2
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 8/20/2021 8:22:11 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
One of the types of training services available to WIOA customers is work-based learning (WBL) that allows them the potential to earn an income while gaining critical job skills. They benefit employers by meeting their demand for "work ready" skills (assessed on the job) as well as tailored technical skills.
On-the-Job Training (OJT)
Chapter: 7
Section: 2.2.1
Effective Date: 5/11/2016
Expiration Date: Continuing
Revision Date: 6/22/2022 5:37:46 PM
Version: 2
Status: Current
Tags: Training,
Program Eligibility,
OJT
On-the-Job Training (OJT) is training by an employer that is provided to a paid participant while engaged in productive work in a job that will provide the knowledge or skills essential to perform the job.
OJT General Requirements
Chapter: 7
Section: 2.2.1.1
Effective Date: 5/11/2016
Expiration Date: Continuing
Revision Date: 6/22/2022 5:42:12 PM
Version: 3
Status: Current
Tags: Training,
Program Eligibility,
OJT
- On-the-job training (OJT) programs must provide potential new employees (adults, dislocated workers or eligible youth, when appropriate) or eligible underemployed workers with the opportunity to acquire new skills or knowledge essential to job performance.
- The Local Workforce Innovation Board (LWIB) may approve the purchase of items required for the OJT such as tools, equipment, and uniforms.
- The participant must be an employee during the OJT contract period and the employer must agree to the contract prior to the person’s start date.
- Employment will continue upon successful completion of training. Successful completion includes:
- Acquired the skills identified for the training program and met the goals of the training outline;
- Complied with all company and employment obligations throughout the training.
- The intent of an OJT is full-time paid employment that leads to self-sufficiency according to the most current Lower Living Standard Income Level or at or above the self-sufficiency level established by the LWIB standard.
- Consideration may be given to an OJT placement that is less than full-time if an individual is receiving a service other than education or training and has one or more of the following barriers to employment: adult or youth with a disability, an ex-offender, a youth aging out of foster care, eligible migrant and seasonal farmworkers, an individual who is homeless, or an English language learner, who has low literacy levels and faces substantial cultural barriers.
- Employers may not hire OJT employees as independent contractors.
- Employers are ineligible for an OJT contract if they have previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work.
- Training does not have to occur at the employer’s location.
- OJT providers are not subject to the eligibility requirements for WIOA training providers.
- Although these providers are not included in the State Eligible Training Provider List (ETPL), they are considered to be eligible providers of training services.
- Local Workforce Innovation Boards (LWIBs) may combine OJTs with other forms of training.
- As part of a participant’s training outline, OJT may combine other types of training such as work experience, classroom, and remediation. Training is paid for using an Individual Training Account (ITA).
- OJT may combine with ITAs to support placing participants into Registered Apprenticeship programs.
- When combining OJT with other types of training such as those above, only the OJT hours are eligible for wage reimbursement.
- OJT participants are not eligible to receive Needs-Related Payments (NRPs).
- OJT participants cannot be immediate family members of the business owner or direct supervisor. The term “immediate family” includes a spouse, child, son-in-law, daughter-in-law, parent, mother-in-law, father-in-law, sibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent, and grandchild.
OJT Employer Eligibility
Chapter: 7
Section: 2.2.1.2
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 4:36:48 PM
Version: 1
Status: Current
Tags: Training,
Program Eligibility,
OJT
- Employers in the public, private non-profit, or private sector may use OJT programs.
- A staffing agency is an eligible employer for WIOA-funded OJTs if the staffing agency meets the following conditions:
- The position is “temp to hire” and the host employer will hire the participant within a time as defined by LWIB policy.
- The placement from the staffing agency must be full-time as defined by the host employer.
- The OJT participant wages and working conditions are at the same level and to the same extent as other employees working a similar length of time and doing the same type of work.
- The wage provided by the employer to the OJT participant must be at least equal to the federal, state, or local minimum wage (Fair Labor Standards Act).
- In addition to meeting the OJT General Requirements of this policy, an employer will be ineligible to receive a WIOA OJT contract at the worksite location if:
- The employer has any other individual on layoff from the same or equivalent position.
- The same or equivalent position is open due to a hiring freeze.
- The OJT would infringe upon the promotion of or displacement of currently employed workers or a reduction in their hours.
- The employer has terminated the employment of any regular employee or caused an involuntary reduction in its workforce with the intention of filling the vacancy with OJT participants.
- The positions are for seasonal employment.
- The employer must have the capacity and commitment to ensuring that the OJT program will address skills gaps specific to the individual and that staff has the time and knowledge to carry out the necessary training.
- The employer agrees to cooperate with monitoring and reporting efforts as required by WIOA legislation, including a pre-award survey and adhere to all other applicable local, state, and federal rules and regulations.
OJT Apprenticeship
Chapter: 7
Section: 2.2.1.3
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 6:02:27 PM
Version: 1
Status: Current
Tags: Training,
Program Eligibility,
OJT
- The LWIB may establish an OJT contract with an employer that has a registered apprenticeship program, but only the OJT hours are eligible for wage reimbursement through the OJT portion of the program.
- Individual Training Accounts (ITAs) and OJT funds may be combined to support placing participants into a registered apprenticeship program, just as they can be used together for a participant who is not in a registered apprenticeship.
- The LWIB may choose to set the duration or a financial limit on ITAs and OJTs for apprenticeships as defined in the LWIB policy for such programs.
- An ITA may support the classroom portions of the apprenticeship program, and OJT funds may only support the on-the-job training portions of the program.
- Depending on the length of the registered apprenticeship and local OJT policies, WIOA OJT funds may cover some or all of the registered apprenticeship training.
OJT Local Workforce Innovation Board (LWIB) Responsibility
Chapter: 7
Section: 2.2.1.4
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 4:48:27 PM
Version: 1
Status: Current
Tags: Training,
Program Eligibility,
OJT
- LWIBs must set policy for implementing OJTs including:
- The position(s) authorized to negotiate OJT contracts on behalf of the LWIB.
- A procedure that verifies the employer is suitable for OJT and meets state and federal policy and guidelines (i.e., working conditions (safety and health), wage structure, turnover rate, etc.).
- Procedures guiding OJT contract modifications and employer disputes with the grantor and/or the trainee.
- The maximum length of time the OJT may be in place as well as financial limits for the OJT that considers:
- The amount of time it should take the individual named in the contract to become proficient in the occupation for which he or she is hired, as defined by DOL’s Specific Vocational Preparation (SVP), including apprenticeships.
- The participant’s pre-existing knowledge and skills are relevant to the position for which the individual is hired based on the required personalized knowledge and skills assessment.
- The LWIB financial limits for OJTs or ITAs.
- A policy on the use of staffing agencies, if the LWIB chooses to allow OJT contracts with staffing agencies. At a minimum, the policy must include:
- The maximum length the “temp to hire” can be in place before the host employer must hire the participant full-time.
- A description of how the host employer and the staffing agency will meet the OJT obligation, including who will act as the employer of record. Both must sign the contract to ensure an understanding of reporting requirements and provide assurance that both will abide by provisions within local and state policy.
- Prior to entering into an OJT contract with an employer, the LWIB’s designee must conduct a pre-award survey that includes verification of employer eligibility outlined in the Employer Eligibility of this policy.
OJT Contracts and Modifications
Chapter: 7
Section: 2.2.1.5
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 6:05:45 PM
Version: 2
Status: Current
Tags: Training,
Program Eligibility,
OJT
- Upon determining the employer’s capacity to provide OJT programs, the LWIB designee negotiates an OJT contract with the employer to determine an individualized training plan, reimbursement rate, and training length, among other contract provisions deemed appropriate by the LWIB. The standardized OJT contract that LWIBs will use is attached to this policy. (See the Forms & Instructions tab.)
- The LWIB designee is responsible for selecting and contracting with employers in the public, private non-profit, or private sector to provide high-quality OJT programs.
- The LWIB must perform a standardized pre-award review, prior to receiving a contract that at a minimum:
- Is documented jointly by the LWIB designee and the OJT employer that includes names under which the establishment does or has done business, including the name, title, and address of the company official certifying the information.
- Determine whether WIOA assistance in connection with past or impending job losses at other facilities has occurred; including a review of whether the employer filed any WARN notices within the previous four (4) months.
- The OJT contract must be limited to the period required for each participant to become proficient in the occupation for which the individual is hired, and the training is being provided.
- The appropriate duration and intensity of the training is based on a skills gap assessment that considers the following:
- The skill requirement of the occupation;
- The academic and occupational skill level of the participant;
- Prior work experience; and
- The participant’s individual employment plan.
- The skill requirement of the occupation should align with the SVP time estimate determined by USDOL which includes the time required to learn the techniques, acquire the information, and develop the skills needed for average performance in a job. This occupational preparation includes time spent in training programs, academic training, and related work experience.
Level |
Time |
1 |
*Short demonstration only |
2 |
*Beyond short demonstration up to and including thirty (30) days |
3 |
Over thirty (30) days, up to and including three (3) months |
4 |
Over three (3) months, up to and including six (6) months |
5 |
Over six (6) months, up to and including one (1) year |
6 |
Over one (1) year, up to and including two (2) years |
7 |
Over two (2) years, up to and including four (4) years |
8 |
Over four (4) years, up to and including ten (10) years |
9 |
Over ten (10) years |
- OJT contracts with eligible employers may allow the employer to provide OJT to a single employee or to multiple employees. In the case of multiple employees, each person must have an individualized assessment of knowledge and skills relevant to the position to determine the content and duration of the OJT training plan.
- OJT contracts need to be modified if there are significant changes, such as layoffs or changes in federal, state, and local rules and policies pertaining to the implementation of OJTs.
OJT Participant Eligibility
Chapter: 7
Section: 2.2.1.6
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 5:48:40 PM
Version: 1
Status: Current
Tags: Training,
Program Eligibility,
OJT
- OJT participants must be determined eligible for each applicable funding source (i.e., WIOA Adult, Dislocated Worker, or Youth formula funded programs) and have worked with the career planner to complete the following:
- A thorough personal assessment of the participant’s pre-existing knowledge and skills relevant to the OJT position; and
- A career plan that meets the specific skill requirements for the position at the hiring employer.
- OJT may be used to train an underemployed participant who currently works at the OJT employer only if the OJT elevates that employee to reach at least a self-sufficient wage through skill upgrade training that relates to any of the following:
- The employee is not earning a self-sufficient wage as determined by the Local Workforce Innovation Board (LWIB) policy;
- The OJT contract complies with the OJT Reimbursement section of this policy;
- The OJT relates to the introduction of new technologies, new production or service procedures, an upgrade to a higher-skilled position requiring the individual to learn additional skills;
- Other appropriate purposes identified by the LWIB; or
- LWIBs may choose to consider OJT contracts for eligible youth when it is appropriate based on the needs identified by the objective assessment of the individual youth and the individual’s likelihood of long-term success if given the opportunity.
OJT Reimbursements
Chapter: 7
Section: 2.2.1.7
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 8/8/2024 8:29:32 AM
Version: 3
Status: Current
Tags: Training,
Program Eligibility,
OJT
- Through the OJT contract, occupational training is provided for the WIOA participant in exchange for reimbursement, typically up to 50 percent (50%) of the participant's wage rate, for the extraordinary costs of providing the training and supervision related to the training.
- In limited circumstances, as provided under WIOA, the reimbursement rate may be up to 75 percent (75%) of the participant's wage rate.
- As allowed by the WIOA Final Rules, the Governor has determined that the reimbursement rate for OJT contracts funded through the statewide employment and training activities can be up to seventy-five percent (75%).
- Under this same authority, LWIBs may also increase the reimbursement rate for OJT contracts described up to 75 percent (75%) when taking into account the following factors:
- The characteristics of the participants considering whether they are “individuals with barriers to employment,” as defined in WIOA sec. 3(24);
- The size of the employer, with an emphasis on small businesses;
- The LWIB shall consider the size of the business based on the total number of full-time employees at the location where the OJT will occur; however, there is no requirement that only small businesses may receive the seventy-five (75%) reimbursement rate.
- The LWIB may increase the reimbursement rate to up to ninety percent (90%) for businesses with 50 or fewer employers under a waiver approved through June 30, 2028, provided factors 1), 3), and 4) are met.
- The quality of employer-provided training and advancement opportunities; and
- The LWIB may consider various factors, including but not limited to the training occupation, whether the participant receives an industry-recognized credential after training, the number of employees taking part, the participant's work history, labor market conditions, hourly wage, fringe benefits, promotional opportunities, and the overall training budget.
- An employee in OJT may work overtime hours, but overtime hours are not eligible for wage reimbursement.
- Funds provided to employers for OJT must not directly or indirectly assist, promote, or deter union organizing.
- WIOA funds may not be used to provide OJT if the business has relocated from a location that resulted in any employee losing his or her job at the original location. In this instance, the business would only be eligible for OJT after they have been operational at the current site for more than one hundred twenty (120) days.
OJT Monitoring and Evaluation
Chapter: 7
Section: 2.2.1.8
Effective Date: 6/22/2022
Expiration Date: Continuing
Revision Date: 6/22/2022 5:51:35 PM
Version: 1
Status: Current
Tags: Training,
Program Eligibility,
OJT
- The LWIB designee is also responsible for monitoring local OJT outcomes for participants and employers, including whether the OJT programs result in long-term employment or if applicable, an industry-recognized credential.
- Local procedures must ensure verification of reimbursement requests, hours worked, and the rate of pay by reviewing such documentation as invoices, timesheets, and payroll or other documentation prior to payments being made to ensure compliance with program requirements and contract provisions.
- On-site monitoring and/or desk reviews should be conducted by the LWIB designee shortly after the participant begins work, with additional visits scheduled at appropriate intervals (determined by length of the OJT Training Plan).
- The LWIB designee must establish periodic reviews with the employer to evaluate the progress of the participants in the OJT.
- OJT programs will be subject to state monitoring.
Customized Training
Chapter: 7
Section: 2.2.2
Effective Date: 10/9/2013
Expiration Date: Continuing
Revision Date: 8/20/2021 8:34:41 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
Customized training is designed to meet the special requirements of an employer or group of employers.
- The employer(s) must pay not less than fifty percent (50%) of the cost of the training.
- Employer matching costs must be in cash, or in-kind, must be documented, and are subject to audit.
- Customized training may be provided to eligible unemployed persons and, in some cases (as described below), to eligible employed workers.
- The employer (or group of employers) must commit to hire WIOA customers who successfully complete the customized training program and trainees must agree to accept employment offers from the employer.
- Local areas shall include language for this requirement into a signed agreement between the WIOA provider, the employer and the customer prior to the start of the training program.
- A customized training contract may also be written to train a WIOA customer who is already working for the employer (or group of employers) for which the customized training is being provided, when the employee is not earning a self-sufficient wage. In this situation, customized training provided to a previously employed worker must elevate the employee to reach at least a self-sufficient wage through skill upgrade training that relates to either:
- The introduction by the employer of new technologies;
- The introduction to new production or service procedures;
- Upgrading to new jobs that require additional skills/workplace literacy; or
- Other appropriate purposes identified by the local board.
Incumbent Worker Training (IWT)
Chapter: 7
Section: 2.2.3
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 6/27/2024 11:34:42 AM
Version: 3
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
This policy provides general guidance for all Incumbent Worker Training (IWT) projects, as well as specific guidance for the formula fund grants (refer to attachment on Incumbent Worker Training Requirements Formula Fund Grants) for Local Workforce Innovation Areas (LWIAs) utilizing their statutory authority and Discretionary fund grants (refer to attachment on Incumbent Worker Training Requirements Discretionary (Rapid Response and Statewide Activities) Fund Grants) for grantees of either the Rapid Response or Statewide Activities fifteen percent (15%) funds. (See the Attachments tab.)
IWT Definition
Chapter: 7
Section: 2.2.3.1
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 8/25/2021 11:33:38 AM
Version: 1
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
- Incumbent worker training (IWT) under the Workforce Innovation and Opportunity Act (WIOA) provides both workers and employers with the opportunity to build and maintain a quality workforce and increase both participants’ and companies’ competitiveness.
- It is a type of work-based training and upskilling designed to ensure that employees of a company can acquire the skills necessary to retain employment and advance within the company, or to acquire the skills necessary to avert a layoff.
- Incumbent worker training is responsive to the special requirements of an employer or a group of employers in partnership with other entities for the purposes of delivering training to:
- Help avert potential layoffs of employees; or
- Increase the skill levels of employees so they can be promoted within the company and create backfill opportunities for the employers.
IWT Employer’s Eligibility
Chapter: 7
Section: 2.2.3.2
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 3/24/2021 4:17:15 PM
Version: 1
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
- The State and Local Workforce Innovation Boards (WIBs) must determine an employer’s eligibility for participating in IWT based on the following factors which help to evaluate whether training would increase the competitiveness of the employees and/or employers:
- The characteristics of the individuals in the program (e.g., “individuals with barriers to employment” (WIOA Section 3(24)));
- The relationship of the training to the competitiveness of the individual and employer; and
- Other factors the state or local boards may determine appropriate could include:
- The number of employees participating in the training;
- The employees’ advancement opportunities along with wages and benefits (both pre- and post-training earnings);
- The existence of other training and advancement opportunities provided by the employer;
- Credentials and skills gained as a result of the training;
- Layoffs averted as a result of the training;
- Utilization as part of a larger sector and/or career pathway strategy; or
- Employer size.
Individuals Receiving IWT
Chapter: 7
Section: 2.2.3.3
Effective Date: 7/9/2020
Expiration Date: Continuing
Revision Date: 6/27/2024 9:42:04 AM
Version: 4
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
- For an employer to receive Incumbent Worker Training funds, individual(s) receiving training must be:
- Employed and the training would provide the skills to advance in their current job or get skills to stay in the job;
- Meet the Fair Labor Standards Act requirements for an employer-employee relationship; and
- Have an established employment history with the employer for six (6) months or more (which may include time spent as a temporary or contract worker performing work for the employer receiving IWT funds).
- If IWT is being provided to a cohort of employees, not every employee in the cohort must have an established employment history with the employer for six (6) months or more, if the majority of employees being trained meets the employment history requirement.
- The U.S. Department of Labor approved a waiver to allow items c. and d. in this policy section to be temporarily waived and therefore the requirements are not applicable to IWT conducted through June 30, 2028.
IWT General Requirements
Chapter: 7
Section: 2.2.3.4
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 3/24/2021 4:27:37 PM
Version: 2
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
The following requirements apply to ALL Incumbent Worker Training programs whether funded through the formula fund or discretionary fund grants.
-
Information on the participating employer(s) and incumbent workers is collected and reported to OET as outlined in the IWT Programmatic Reporting section of this policy.
-
The prohibition against using WIOA Title I funds to encourage business relocation, as described in the WIOA Rule at 683.260 applies to incumbent worker training funds.
-
If the relocation resulted in any employee losing his or her job at the original location, the one hundred twenty (120)-day rule set forth in the Pre-Award Survey for Relocating Establishments section of the policy manual and subsequent changes must be observed.
-
In such cases, IWT may not be provided until the company has operated at the new location for one hundred twenty (120) days.
IWT Matching and Allowable Costs
Chapter: 7
Section: 2.2.3.5
Effective Date: 4/8/2020
Expiration Date: Continuing
Revision Date: 5/26/2021 10:24:28 AM
Version: 7
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
-
Matching Requirements
-
Employers participating in IWT are required to provide matching support (direct financial support or third party in-kind) for the costs of providing the training to incumbent workers.
-
All matching contributions must clearly relate to incumbent worker training and must meet the requirements described in 29 CFR 200.306, Cost Sharing or Matching.
-
The non-federal share match contributed by an employer may include the amount of the wages paid by the employer(s) to an incumbent worker while the incumbent worker is attending a training program and may include other in-kind contributions.
-
The total cost of the entire project is the basis for calculating the required employer match.
-
Grantees should not add the employer match to the cost of training when entering project plans.
-
Employers must provide a minimum of ten percent (10%) in matching contributions. There is no maximum limit to the amount of matching contributions an employer must provide.
-
The type of match, either in cash or in-kind, is fairly evaluated and follows the specified non-federal share (match) requirements below:
-
Ten percent (10%) of the cost, for employers with not more than fifty (50) employees;
-
Twenty-five percent (25%) of the cost, for employers with more than fifty (50) employees, but not more than one hundred (100) employees; or
-
Fifty percent (50%) of the cost, for employers with more than one hundred (100) employees.
-
The employer match must be tracked by the Local Workforce Innovation Area (LWIA) and reported in the Department’s accounting system.
-
Allowable Costs - Costs that are reasonable and necessary for the conduct of the training are allowable.
-
Listed below are extraordinary costs (i.e., beyond normal operating costs) that may be reimbursed through the grant or used as the matching contribution when incurred after the local area and business execute the IWT Employer Agreement outlined in the IWT Employer Agreement section of this policy.
-
Training development;
-
Instructors (fees or wages that are an extraordinary cost incurred by the work site, e.g., a) contractual fees charged by a trainer; b) the company’s corporate office charges to the work site for training costs creating an extraordinary cost for the work site; or c) wages for time company production supervisors based at the work site are taken out of production to conduct the training. Wages for dedicated in-house training staff are typically not eligible for reimbursement nor count toward the required match.);
-
Tuition;
-
Training materials and supplies;
-
Fees for technical or professional certifications and/or licensures;
-
Other fees required to complete training;
-
Travel for trainers and trainees beyond normal commute;
-
Training facility costs (off-site);
-
Training facility costs (on-site if it results in an extraordinary cost to the company, e.g., costs to shut down a line/production to conduct the training may be counted toward the required match);
-
Cost for use of firm’s equipment during training (on-site only, if it results in an extraordinary cost to the company, e.g., shut down a line/production to conduct the training may be counted toward the required match); or
-
Wages of trainees while in training (may be counted toward the required match).
-
Trainee wages while in training may be used to meet the employer’s match requirement, but are not reimbursable costs to the WIOA grant; fringe benefits are neither reimbursable nor applicable to the employer’s match.
-
Although not prohibited, costs associated with Supportive Services are discouraged since incumbent workers are employed, the need for supportive services underwritten with WIOA funds is expected to be minimal.
IWT Employer Agreement
Chapter: 7
Section: 2.2.3.6
Effective Date: 7/9/2020
Expiration Date: Continuing
Revision Date: 6/22/2022 2:53:41 PM
Version: 3
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
- All training programs provided as part of an IWT project must be competitively procured in accordance with local procurement policies submitted as part of the local plan and in accordance with 2 CFR 200.317 – 200.326, as applicable.
- The signed IWT contract/written agreement between the local workforce innovation board (LWIB) and the employer at a minimum must contain the following:
- Who is providing the training;
- What training will be provided;
- Where the training will be provided;
- The length of the training to be provided (to include the start and end date, number of days per week, and number of hours per day);
- The cost of the training program (to include only reasonable and acceptable costs);
- The amount of employer matching support and how it will be provided;
- Certification that all incumbent workers to be trained through the project have been employed by the company for six (6) months or more unless the exceptions listed in WIOA regulations apply. Due to the waiver approved by the U.S. Department of Labor, item g. is not applicable to IWT conducted from July 1, 2022 through June 30, 2024; and
- An agreement by the employer to provide company and client information necessary to track worker/project activity and outcomes within thirty (30) days of the end of the calendar quarter.
IWT Program Application Process
Chapter: 7
Section: 2.2.3.7
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 8/25/2021 11:48:25 AM
Version: 2
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
All Incumbent Worker Training Program applications (and subsequent activity documentation, including required reporting elements) must be entered and submitted in the Incumbent Worker Tracking System (IWTS) of Illinois workNet prior to the execution of local funding agreements with employers and before trainers are hired.
-
The system allows controlled access using roles and role definitions.
-
All users with access to initiate, enter, view, or report information about incumbent worker training events are required to have an Illinois workNet account.
-
Instructions on registering for an Illinois workNet account are available on the website.
-
User roles define access based on their affiliation with the incumbent worker training projects and include DCEO staff, grant recipients, employers, and participating incumbent workers.
-
Grant recipients are responsible for the submission of all Training Program Project Plans and other required reporting elements.
-
In situations where companies are reluctant to provide SSNs, the responsibility for data input into IWTS may be shared with the employer.
-
Sharing of data input allows maintenance of confidentiality of incumbent worker information. (Note: Social Security numbers and dates of birth are required to be entered to verify the employer/incumbent worker relationship; however, Social Security numbers will be encrypted following Training and Employment Guidance Letter (TEGL) 39-11 Guidance on the Handling and Protection of Personally Identifiable Information (PII) and will not be visible on any reports.)
-
The grant recipient is responsible for accuracy of all data input by the employer/incumbent workers.
-
A process has been developed and outlined to describe the user's key interactions with IWTS.
-
All users must interact with the system and the order of events as depicted in the process workflow.
-
The process workflow is available on IWTS.
-
The process workflow consists of the following steps:
-
Identification of the grant recipients for the IWT project, including contact information and reporting elements;
-
Submission of IWT project plans to DCEO (as outlined in the Incumbent Worker Training Requirements Formula Fund Grants and Incumbent Worker Training Requirements Discretionary (Rapid Response and Statewide Activities) Fund Grants attachments) (see the Attachments tab);
-
Identification of the employers participating in the IWT project;
-
Identification of each worksite where IWT projects will be conducted;
-
Identification of the training providers and specific training activities for the project;
-
Identification of the incumbent workers participating in the training;
-
Documentation of training outcomes for each incumbent worker including the Skill Attainment goals of the project for each incumbent worker; and
-
Submission of Quarterly and Final reports documenting progress and Completion information (further requirements of Quarterly and Final reporting are outlined in IWT Programmatic Reporting).
-
All information in 1)-7) above must be entered and submitted within ten (10) days of the end of each month.
IWT Programmatic Reporting
Chapter: 7
Section: 2.2.3.8
Effective Date: 5/17/2019
Expiration Date: Continuing
Revision Date: 8/25/2021 11:53:19 AM
Version: 2
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
- Reporting on Incumbent Worker Training programs will occur quarterly for each project identified in the approved grant or plan submitted pursuant to the requirements of this policy.
- The quarterly reporting periods will be January through March, April through June, July through September, and October through December.
- Quarterly reports are to be completed and submitted via IWTS within thirty (30) days from the end of each quarter.
- Final report data must be submitted through the system within forty-five (45) days of the end of the project.
IWT Performance Requirements
Chapter: 7
Section: 2.2.3.9
Effective Date: 7/9/2020
Expiration Date: Continuing
Revision Date: 8/25/2021 12:01:57 PM
Version: 3
Status: Current
Tags: Incumbent Worker,
Training,
Program Eligibility,
Services
-
Incumbent workers are not required to be determined WIOA eligible, thus they are not considered WIOA participants unless they are co-enrolled under the adult or dislocated worker program.
-
However, they will be reported in the ETA 9170 – WIOA Participant Individual Record Layout (PIRL) file.
-
As a result, they will not count towards local performance indicators.
-
They will, however, count towards the State performance indicators.
Bridge Programs and Career Pathways
Chapter: 7
Section: 2.3
Effective Date: 10/9/2013
Expiration Date: Continuing
Revision Date: 1/30/2017 3:37:02 PM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
- Bridge Programs prepare adults with limited academic or limited English skills to enter and succeed in postsecondary education and training leading to career-path employment in demand occupations as identified by the local labor market information. The goal of bridge programs is to sequentially bridge the gap between the initial skills of individuals and what they need to enter and succeed in postsecondary education and career-path employment.
- Bridge Programs must be provided as a training service as outlined in the customer’s IEP.
- The delivery of Bridge Programs does NOT have to be through an eligible training provider with a certified training program; they may be provided by:
- An approved and funded Illinois Community College Board (ICCB) Adult Education program;
- The credit or non-credit department(s) of a community college; or
- Community-based organization (CBO) or other type of provider that offers non-credit workforce training.
- Training programs may be offered by a single entity (e.g., a community college or a CBO) or by a partnership (e.g., a CBO and a community college).
- Regardless of the provider, they:
- May provide opportunities to earn college credit (such as through escrow credit accounts);
- May offer dual enrollment in credit and non-credit programs; or
- May offer a multi-level program that moves people from an adult education course offered by one provider to a non-credit occupational course offered by the same or another provider.
- All bridge program providers must use pre-skill assessments consistent with program requirements to place students into the appropriate courses as well as post-skill assessments to measure progress. All providers will use data tracking systems to collect and analyze key information about bridge program participants and graduates.
Class-Size Training
Chapter: 7
Section: 2.4
Effective Date: 10/9/2013
Expiration Date: Continuing
Revision Date: 8/20/2021 8:39:51 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
- Training services include the full range of occupational skills training, adult education and literacy services, and customized training. Class-size training programs should be viewed as a group of ITAs combined into all or a portion of a training program utilizing approved training programs provided by eligible training providers.
- Prior to entering into a class-size training contract, an assessment is encouraged to ensure that the proposed training courses and curricula are not duplicating existing programs in place.
- Development of curriculum is allowable for only emerging sectors or when there is a need to enhance the capacity of the training institution and development time is limited to six (6) months.
- Only class-size training contracts tied to demand occupations are allowed.
- The training contracts must be with a certified training program on the state's approved training program list.
- Participants receiving the training must meet individual WIOA eligibility requirements for adults or dislocated workers. Additionally, LWIBs must be aware of, and continue to comply with the following requirements:
- The current ten percent (10%) limit on local administrative costs applies.
- No additional amount shall be set aside for administrative costs associated with class-size training contracts.
- LWIBs are still subject to the reallocation of funds requirements. These requirements include funds diverted for class-size training contracts.
- Contract Provisions
- All contracts for class-size training contracts must be competitively procured in accordance with grantee procurement policies.
- Contracts must ensure that all WIOA eligible populations have access to the training offerings.
- Contracts must take into consideration the customer’s skill gap for occupations under consideration for training.
- Contracts must contain, at a minimum, the following:
- All requirements of the Training section of this policy;
- List of the demand occupation(s) that this training program is intended to address;
- Description of the methods of delivery or presentation of the training program;
- Identification of the number of individuals who will be provided with the training program;
- Description of any tutoring to be provided including who will provide the tutoring, and how many participants will receive the tutoring;
- Description of what constitutes successful completion of the training program and should be performance-based to ensure completion results in real outcomes;
- Description of the training schedule;
- Description of the payment terms;
- Description of the methods for recapture of overpayments; and
- Description of the provisions for termination (such as for lack of participant attendance).
- Programmatic reporting requirements of Class-Size Training Contracts include entry of information on participants into the Illinois Workforce Development System (IWDS) including:
- All participants of a class-size training contract must be enrolled into IWDS as either an adult (1A) or dislocated worker (1D) participant. Enrollment in IWDS would include selection of the following:
- "Vocational training" that is identified as class-size training as their activity code; and
- All other related training enrollment data (such as start date, training provider, training program, etc.).
Work Experience and Transitional Employment
Chapter: 7
Section: 2.5
Effective Date: 10/9/2013
Expiration Date: Continuing
Revision Date: 1/13/2021 4:46:45 PM
Version: 2
Status: Current
Tags: Program Eligibility,
Services
Not all educational experiences available to WIOA participants are classified as training services or occur under conditions similar to those outlined in the Training section of the policy manual. Work Experience can be used by the customer to successfully complete their training goals.
- Work experience is a planned, structured learning experience that takes place in a workplace for a limited period and may be paid or unpaid. Work experience differs from OJT and IWT training in that there is no hiring occurring prior to or agreement to hire following the learning experience. Work experience is considered an intensive service under WIOA.
- Participants in a paid work experience must be provided a reasonable wage to the extent that it is consistent with that paid for similar work according to the Uniform Guidance at 2 CFR 200. Reasonableness of compensation is addressed at 2 CFR 200.430(b).
- The employment of participants must not occur at a workplace where:
- A participant's employment would unfavorably impact current employees (a youth participant would displace all or a portion of a current employee's hours including overtime, wages, employment benefits, or promotional opportunities);
- A participant's employment would impair existing contracts for services or collective bargaining agreements;
- A participant's employment would replace the work of employees who have experienced layoffs; or
- An employer has terminated a regular employee or otherwise reduced its workforce with the intention of replacing them with participants subsidized with these funds.
- The work experience has meaningful and adequate supervision (with provisions made for supervision when the regular supervisor may not be available).
- The work experience is achieving the goals for which it was designed (possibly with documented learning experiences).
Training Provider and Training Program Eligibility
Chapter: 7
Section: 3
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 7/24/2024 3:35:18 PM
Version: 20
Status: Current
Tags: Program Eligibility,
Services
The following outlines the general criteria for a training provider to be considered for initial eligibility by a Local Workforce Innovation Board (LWIB), as well as for its training programs.
- The Workforce Innovation and Opportunity Act (WIOA) requires all states to establish a procedure for Local Workforce Innovation Boards (LWIBs) to determine eligibility for training programs. Only eligible training providers and their eligible training programs will be included in the state’s Eligible Training Provider List (ETPL). The requirements of this policy apply to all organizations providing training services to WIOA adults and dislocated workers.
- Providers of on-the-job training, customized training, incumbent worker training, internships, and paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of this policy.
- The WIOA statute and the Final Rule distinguish between Eligible Training Providers (ETPs) and programs of study, as one (1) ETP may provide multiple programs of study for a variety of occupations. Each provider’s programs of study are subject to the eligibility requirements in WIOA and the regulations.
- A program of study is defined as one (1) or more courses or classes, or a structured regimen that provides job-driven training services and leads to a recognized postsecondary credential, as defined in WIOA, which includes an industry-recognized certificate or certification, a certificate of completion of a registered apprenticeship, a license recognized by the state involved or Federal Government, a postsecondary credential, secondary school diploma or its equivalent, employment, or measurable skill gains toward a recognized postsecondary or secondary school diploma or its equivalent credential or employment. These training services could be delivered in person, online, or in a blended approach.
- To be eligible to receive funds for the provision of training services, the provider shall be:
- An institution of higher education that provides a program that leads to a recognized postsecondary credential;
- This may include programs receiving approval or accreditation by the U.S. Department of Education, Illinois Board of Higher Education, Illinois Community College Board, or Illinois State Board of Education.
- An entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) as amended by the National Apprenticeship Act of 2021 as recognized in Illinois by the U.S. Department of Labor (USDOL), Office of Apprenticeship; or
- Another public or private provider of a program of training services, which may include community-based organizations (CBOs) and joint labor-management organizations; or
- Training providers must provide a private school license, or appropriate exemption issued by the Illinois Board of Higher Education, Illinois Community College Board, Illinois Department of Financial & Professional Regulation, and/or other relevant licensures. Private school licensure must be submitted with the application, and the status will be verified accordingly.
- Eligible providers of adult education and literacy activities under Title II if such activities are provided in combination with occupational skills training; or programs that have been recognized by the industry as meeting the standards necessary for approval or accreditation, when such standards exist.
Registered Apprenticeship Programs
Chapter: 7
Section: 3.1
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 7/25/2024 8:36:16 AM
Version: 3
Status: Current
Tags: Program Eligibility,
Services
All Registered Apprenticeship Programs (RAPs) registered with USDOL, Office of Apprenticeship or a recognized state apprenticeship agency are automatically eligible to be included as an eligible training provider so long as they show interest in being added to the Eligible Training Provider List (ETPL) and the following process is completed:
- Registered Apprenticeships Programs must indicate their interest in being included on the ETPL.
- Local Workforce Innovation Areas (LWIAs) should inform the RAPs in their local area via mass email, phone call, or other method of these requirements.
- A RAP may contact the LWIA in which it geographically resides or the State of Illinois, Office of Employment and Training to indicate its interest in being included on the ETPL.
- LWIAs must notify Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) in writing of all registered apprenticeship programs that have shown interest in being included on the ETPL.
- Notification to OET should be made electronically to the staff listed on the Contacts tab.
- The following information is required for inclusion on the ETPL and should be provided for all programs of the RAP:
- Occupations included within the RAP(s);
- Name and address of the program(s) sponsor;
- Name and address(es) of the Related Technical Instruction Provider(s), and the location(s) of instruction, if different from the program sponsor’s address;
- Method and length of instruction; and
- Number of active apprentices in each program.
- The following information may be provided, but is optional:
- Cost of the program(s);
- RAP sponsors that do not provide the Related Technical Instruction portion of the apprenticeship program (as outlined above) may be required to provide additional information about their education provider.
- A RAP expressing interest in being included on the ETPL will be added on a statewide basis; thus, if it has multiple locations, the RAP would only need to show interest once, but must still provide information on every program it is providing.
- RAPs will remain on the ETPL until:
- The RAP program notifies the state agency it no longer wants to be included on the list;
- The program becomes deregistered under the National Apprenticeship Act;
- The program is determined to have intentionally supplied inaccurate information; or,
- A determination is made that the RAP substantially violated any provision of Title I of WIOA or the WIOA regulations.
Initial Eligibility of Training Providers
Chapter: 7
Section: 3.2
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 7/25/2024 8:37:03 AM
Version: 2
Status: Current
Tags: Program Eligibility,
Services
New training providers, except for Registered Apprenticeship Programs (RAPs), must apply for Initial Eligibility in accordance with the following guidance:
- Applications for Initial Eligibility of Training Providers and Training Programs:
- Applications for initial eligibility must be submitted according to the geographical location of the training program. The LWIA should instruct the training provider as to where they should apply for each training program, as follows:
- Training programs located in a single LWIA must initially apply with the LWIA where its program is geographically located.
- Training programs offered in multiple LWIAs and identical across each of the LWIAs must initially apply to the LWIA in which the training provider has identified as its headquarters and/or primary location.
- Training programs offered in multiple LWIAs - but the program is not substantially the same across the various LWIAs - must initially apply to each LWIA in which the training program is offered.
- Training programs located out-of-state or not offered at a physical location (e.g., distance learning) must initially apply to the LWIA from which it anticipates receiving the most students.
- A training provider is prohibited from applying for training program eligibility in LWIAs where the program site is not geographically located, unless the LWIA in which the program is located denies eligibility or fails to act on the application within thirty (30) days of the date of application.
- General Eligibility - LWIBs must verify that all training programs (except those programs of out-of-state training providers) for which a training provider is seeking eligibility have met the following guidelines:
- The training provider has gathered all of the mandatory information found in the Requirements for Training Program Initial Eligibility and Continued Eligibility attachment (see the Attachments tab) and the information has been entered in the Illinois Workforce Development System (IWDS).
- Once the LWIA has verified eligibility of a training provider, they must set up a Training Provider record in IWDS as outlined in the Requirements for Training Program Initial Eligibility and Continued Eligibility attachment. See the Attachments tab.
- After the LWIA has entered the training provider in IWDS, the LWIA must supply the training provider with the following:
- The user ID for the primary contact that is generated by IWDS to be used by the training provider when they log into the system to request eligibility of training programs or need to update information on a training program;
- The temporary password for the primary contact that is generated by IWDS to be used by the training provider to log into the system the first time (the primary contact for the training provider should then change the password to a personally selected unique password); and
- The web address to the IWDS system that will direct the training provider to the appropriate system screen. (See the References tab).
- The training provider should begin adding training programs in IWDS to be determined eligible and add contacts for each training program.
- The specific training provider and training program performance data, as outlined in the Performance Measures for Eligible Training Providers section of this policy, has been provided when available.
- The training provider has provided all other information required by the LWIA for which it is seeking eligibility.
- LWIBs reserve the right to impose additional criteria through local policy that is unique to conditions within a particular LWIA so long as they meet, at a minimum, federal and state requirements.
- Conditions that should be considered include economic, geographic and demographic conditions in the area and characteristics of the population served by the provider may be considered.
- The training provider’s program is intended to lead to placement in a Demand Occupation as identified on the Demand Occupation Training List (DOTL) found in the attached WIOA Notice on Demand Occupation Training List.
- The training provider has provided the following assurances that it will comply fully with all non-discrimination and equal opportunity provisions of the laws listed below:
- WIOA Section 188, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIOA Title I financially-assisted program or activity;
- Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin;
- Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;
- The Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination against qualified people with disabilities;
- The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age;
- Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs;
- 29 CFR Part 37 and all other regulations implementing the laws listed above; and
- This assurance applies to the grant applicant's operation of the WIOA Title I financially-assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I financially- assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance.
- The LWIB has assured that the training provider has provided:
- All of the information required above;
- Any additional information provided by the training provider; and
- Any additional information requested by the LWIB.
- An agreement between all parties involved, including the training provider and local area(s), on provisions for monitoring in accordance with the Monitoring and Oversight of Eligible Training Providers section of this policy.
- If the program occurs in another local area, arrangements must be made to ensure either the local area determining eligibility of the program or the local area in which the program is provided (or both) will conduct monitoring.
- If the program occurs in another state, arrangements should be made to ensure monitoring will be conducted by the state in which the training is determined eligible or provided.
- Local areas should make every effort to ensure adequate monitoring is provided by the out-of-state local area; and
- Local areas should limit the amount of travel necessary to conduct out-of-state monitoring; and
- The LWIB has reviewed the information and approved it as an eligible training program to add to the Eligible Training Provider List in IWDS.
- Eligibility Timeline
- The LWIB must determine a program is eligible within thirty (30) days of the application to the LWIA.
- One exception to this requirement may exist if the LWIB has provided authority to the LWIA to allow a committee of no less than two (2) individuals to conditionally approve programs in lieu of waiting for the LWIB determination of eligibility.
- Where this exception has been granted, the program may be deemed eligible until such time as the LWIB can review and approve the determination of eligibility.
- Conditionally approved programs must complete the application process as outlined in Section 1. above.
- If the LWIB (or committee designated by the LWIB) fails to make a determination (or denies eligibility) of the program within thirty (30) days of the application to the LWIA, the following actions will occur:
- The program is placed in a "capture list" in IWDS unless it was denied "for cause".
- Training programs that are placed on the capture list are available for one hundred twenty (120) days to be selected by another LWIA and determined eligible by their LWIB. Once the one hundred twenty (120) day period passes, the training program will be removed from the capture list.
- Training programs that did not meet the state performance criteria (as outlined in the Performance Measures for Eligible Training Providers section of this policy) or were denied "for cause" will not be placed on the "capture list" and cannot be determined eligible as an approved training program for a period of two (2) years.
- The LWIA should notify the training provider that if a program does not meet all of the mandatory criteria for initial eligibility or is not accepted by the LWIB within thirty (30) days for some other reason, the training provider can:
- Appeal its acceptance status in accordance with Reinstatement on the Statewide List and if accepted, the program will be registered in IWDS and given full eligibility status, as long as the application process has been completed; or
- Wait thirty (30) days from denial of acceptance by the LWIB and reapply with another LWIA.
- Initial Eligibility Date
- Once a training program has been determined eligible, the LWIA must enter the date the LWIB approved the program in the "Eligibility/Certification Date" field of the Training Program Basic Information screen in IWDS.
- The LWIA must also enter the date for continued eligibility of the training program in the "Next Elig./Cert. Date" field of the same screen. (Note: If the LWIA fails to enter a date in this field, the system will automatically generate a date that is one year from the eligibility/certification date.)
- The next eligibility (next certification) date must be within one (1) year of the initial eligibility date.
- The next eligibility date (next certification) may be selected based on local or training provider needs and agreements. For example:
- The LWIA would like to coordinate training program continued eligibility dates so that they have them coincide with regularly scheduled LWIB meetings;
- An LWIB may instruct the LWIA to select continued eligibility dates that are distributed throughout the year so as to allow local boards to spread out their eligibility determination workload, thus avoiding the potential bottleneck of review and approval actions once per year; or
- A training provider may wish to have all or some of their training program determinations of continued eligibility as a group to streamline the process
Out-of-State Eligible Training Programs
Chapter: 7
Section: 3.3
Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:37:36 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
Training programs that have been determined eligible by an out-of-state agency must meet the following requirements for eligibility determination in Illinois:
- Illinois training provider programs:
- If the training program offered in Illinois is identical (i.e., program description, program length, credits earned, licensure, award of certificate, etc.) to the training program offered in another state:
- The LWIB may choose to accept a training program which has been determined eligible in another state; or
- The LWIB may choose to require the training provider to seek eligibility of its training program through the procedures outlined in the Initial Eligibility of Training Providers, paragraph 1 section of this policy.
- If the training program offered in Illinois is not identical to the training program offered in another state, the LWIB must require the training provider to seek eligibility through the procedures outlined in the Initial Eligibility of Training Providers, paragraph 1 section of this policy.
- Out-of-state training provider programs
- The LWIB may choose to accept the eligibility of an out-of-state training program that has been developed and determined eligible in accordance with guidelines of a local workforce area in another state; or
- The LWIB may choose to require the training provider to seek eligibility of its training program through the procedures outlined in the Initial Eligibility of Training Providers, paragraph 1 section of this policy.
- LWIBs should enter into reciprocity agreements with the LWIBs under which providers of training services may enroll customers into programs provided in states other than Illinois.
- Such agreement would provide the conditions by which the out-of-state provider of training services would not be subject to Illinois’ eligibility procedures if the provider has been determined eligible by the other state with such an agreement.
- This reciprocity agreement is intended to diminish the burden on states and training providers to be subject to duplicative procedures and expands the array of training options available by additional training providers.
Continued Eligibility Process for Training Providers
Chapter: 7
Section: 3.4
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 7/25/2024 8:38:11 AM
Version: 3
Status: Current
Tags: Program Eligibility,
Services
This section provides the requirements for continued eligibility and continued inclusion on the Eligible Training Provider List (ETPL) for training providers and programs previously approved for initial eligibility.
- LWIAs must ensure all training providers have their eligible training programs determined for continued eligibility on at least a biennial (at least every two (2) years) basis to maintain their status as an eligible training program.
- LWIAs may want to inform each training provider of any upcoming continued eligibility dates (i.e., a notice sent to the training provider ninety (90) days prior to the continued eligibility date).
- Continued eligibility is based on the date entered during the initial eligibility or most recent continued eligibility determination of the training program (as outlined in paragraph 4 below).
- The LWIA must receive the training provider's intent to apply for continued eligibility of a training program or programs in sufficient time to meet the following continued eligibility timeline requirements.
- The training provider expresses intent for continued eligibility of a training program by resubmitting the Training Program Basic Information application in IWDS.
- If a training program has had only changes in information that are not significant information (as outlined in the Training Provider or Training Program, Change in Information section of this policy), the training provider must make such changes in IWDS and save the Training Program Basic Information record.
- If a training program has had no changes in information, the training provider must still save the Training Program Basic Information record.
- Once the Training Program Basic Information record has been saved, the Initial Criteria Status record will change to "Pending Continued Eligibility (recertification)".
- The change to "Pending Continued Eligibility (recertification)" status will prompt the LWIA that they must send the training program to the LWIB for review and determination.
- A report will be available for the local area to identify any training programs with a "Pending Continued Eligibility" status.
- The frequency of producing these reports will be a local decision.
- The LWIA should utilize due diligence in producing this report routinely throughout the year keeping in mind training programs may be jeopardized if they are not approved for continued eligibility promptly.
- The report is titled "Training Programs Nearing Continued Eligibility (recertification) Date" in IWDS.
- The LWIA should continue to make available and enroll customers in any training program with a "Pending" status.
- The LWIA has ninety (90) days to submit the application(s) to the LWIB for review and approval. The submission to the LWIB should include the following items:
- A current copy of the Training Program Basic Information record from IWDS;
- Identification of items that have changed since the initial eligibility or most recent continued eligibility determination;
- Performance data (as outlined in the Performance Measures for Eligible Training Providers section of this policy) for the training program; and
- Any additional information the training provider has submitted for review or the LWIB determines pertinent to the review.
- The LWIB should grant continued eligibility to a training program based on the following:
- State and local eligibility criteria are still being met;
- State and local performance criteria have been met;
- One (1) or more O*Net codes associated with the training program remain on the current Demand Occupation Training List;
- The training provider has maintained timely updates in IWDS of information on the training program; and
- Other conditions for which the LWIB considers necessary for continued eligibility.
- The LWIB must make a determination of eligibility of the training program within thirty (30) days of receiving the application from the LWIA.
- LWIBs must notify the LWIA within five (5) business days of their decision to approve continued eligibility as a training program.
- The LWIA must update the Training Program Basic Information record in IWDS within ten (10) business days of notification by the LWIB. The update should include the following:
- The Status must be changed from "Pending Continued Eligibility (Recertification)" to "Accept" to indicate an accepted continued eligibility application.
- The Program Status must be listed as "Approved".
- The Last Elig./Cert. Date must be listed as the date the LWIB approved the continued eligibility, not the date the entry is made in IWDS.
- The Next Elig./Cert. Date should be listed as the date for which the next continued eligibility should take place (and should take into consideration the same factors for initial eligibility as outlined in the Initial Eligibility of Training Providers section of this policy).
- Training programs that are not determined eligible by the LWIB within thirty (30) days of receipt of the application from the LWIA will be removed from the approved program list and may reapply after one (1) year.
- Training programs that are not determined eligible within one hundred twenty (120) days of their continued eligibility date will be removed from the approved program list in IWDS.
(Note: The intent of this provision is to automatically clear training programs from IWDS when they have not been approved for continued eligibility in a timely fashion. Such programs will not be available for selection and thus are removed.)
- LWIAs shall cease to enroll customers in any training program that has been moved to the capture list. Customers who have already been enrolled in training programs that are removed from the capture list shall be allowed to complete such training programs.
- A training provider may reapply for eligibility for any training program that was not determined eligible for any reason other than "for cause" reasons.
Training Provider or Training Program, Change in Information
Chapter: 7
Section: 3.5
Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:38:49 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
- Training programs shall be subject to renewal of eligibility status by the LWIB or a committee designated by the LWIB of no less than two (2) LWIA staff whenever significant information for the training provider or training program has changed.
- Significant information includes all of the "mandatory" fields on the Training Program Basic Information record in IWDS. (These items are identified by a ** on the Requirements for Training Program Initial Eligibility and Continued Eligibility attachment.) (See the Attachments tab.)
- Change(s) in any significant information must be entered in IWDS within ten (10) business days.
- Submission of a change in significant information indicates a training provider's intent to renew eligibility and prompts the same requirements as under the current eligibility determination.
- A decision under this provision that is made by a designated committee is deemed eligible until such time as the LWIB can review and approve the determination for renewal of eligibility.
- Training programs should be subject to renewal of eligibility status by the LWIB or a committee designated by the LWIB of no less than two (2) LWIA staff whenever non-significant information on the training program changes prior to the continued eligibility date.
- Non-significant information is any information that is a "mandatory" field (but not considered “significant”, as outlined in paragraph 1.a. above) on the Training Program Basic Information application in IWDS, including ONet codes associated with the training program. (These items are identified by a * on the Requirements for Training Program Initial Eligibility and Continued Eligibility attachment. See the Attachments tab.)
- The LWIB or committee should review the training program and all of the changes to determine if the changes have affected the conditions of the initial eligibility or continued eligibility determinations.
- If the changes have significantly altered the training program, the committee should send the training program to the LWIB for renewal of the current eligibility approval.
- If the changes have not significantly altered the training program, the committee should provide "Approval" of the program to continue its eligibility until its next scheduled continued eligibility date.
Denial or Revocation of Eligibility of Training Providers
Chapter: 7
Section: 3.6
Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:39:22 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
A Local Workforce Innovation Board (LWIB) has the authority to deny approval of initial or continued eligibility or revoke the status of eligibility, and remove it from the eligible training provider list for a training provider or for a training program.
- In accordance with WIOA, the eligibility of a training provider or its program(s) may be revoked and the training program removed from the approved list of training programs under the following circumstances:
- Its annual performance fails to meet the minimum standards set by the State of Illinois or the LWIB for the WIOA performance measures;
(Note: At the time of issuance of this policy, the State of Illinois has not set minimum performance measures other than the requirement to provide performance data, if available.)
- If it is determined at any time that the training provider intentionally supplied inaccurate information in its application for eligibility or continued eligibility;
- The training provider substantially violated any requirement under WIOA or WIA; or
- The training provider voluntarily chooses to cease being an eligible training provider or goes out of business.
- Training programs that are removed from the Eligible Training Provider List (ETPL) because of a failure in performance shall remain off the list for a period of not less than one (1) year at which time the training provider may re-apply for continued eligibility of the program.
- In accordance with WIOA, training programs that have been removed from the list of approved training programs based on the reasons found in paragraph 1.b. or paragraph 1.c. above:
- Shall remain off the ETPL for a period of not less than two (2) years at which time the training provider may reapply for continued eligibility of the training program;
- May prompt the revocation and removal of all other training programs of the training provider for a period of no less than two (2) years as determined by the LWIB; and
- May result in the following actions being taken against the training provider:
- The eligibility of the training provider may be revoked;
- The eligibility of the training provider to receive funds for the program in question may be terminated;
- Any disallowed costs may be recovered; and
- The State of Illinois or LWIB may take any other action it deems appropriate.
- LWIAs shall cease to enroll customers in a training program that has had its eligibility revoked.
- Customers who have already been enrolled in such training programs shall be allowed to remain through completion.
- If it is deemed necessary to immediately close a training program (for such reasons as the training provider committed egregious violations or went out of business) the customers of such program(s) should be provided the opportunity to enroll in a similar program.
Notification and Appeal Procedures for Training Providers
Chapter: 7
Section: 3.7
Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:40:05 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
- An LWIB that denies or revokes initial or continued eligibility of a training provider and/or any of its training programs for which it has sought approval must notify the affected provider in writing of its decision. The notice shall include the following information:
- The training program(s) that are being denied or revoked eligibility;
- The reason(s) for the denial or revocation; and
- Information about the opportunities the provider has to appeal the decision.
- The notice must be sent within seven (7) days of the decision to the training provider via registered mail with a copy sent to Department of Commerce and Economic Opportunity, Office of Employment and Training (OET).
- The training provider has twenty-one (21) days, from the date of receipt of the notice of denial or revocation of eligibility in which to file an appeal to the local workforce innovation board (LWIB). The appeal must include the following information:
- A statement that the training provider is appealing the denial or revocation of its eligibility;
- The reason(s) the eligibility should be granted;
- Contact information for additional information; and
- The signature of the chief executive of the training provider.
- The appeal must be submitted formally, in writing, and must be sent by registered mail no later than the twenty-first (21st) day from the date of receipt of the notice of denial or revocation.
- The LWIB, or a committee designated by the LWIB, will review the request for appeal within twenty-one (21) days of its receipt.
- If an administrative error was made or if additional information submitted by the training provider changes the basis upon which the original decision to deny or revoke eligibility was issued, the decision may be reversed and the training program(s) granted the appropriate initial or continued eligibility for inclusion on the eligible training provider list (ETPL).
- If the LWIB reverses its decision, it will notify the training entity of its action in writing within seven (7) days. The LWIB will also forward a request to OET for inclusion on the ETPL.
- If the LWIB does not reverse its decision to deny or revoke eligibility and inclusion on the ETPL, it shall notify the provider within twenty-one (21) days from the receipt of the request that the program(s) was not determined eligible.
- The notice shall be sent in writing by registered mail. The notice will include information about the opportunities for the provider to appeal its denial of eligibility with OET. A copy of the letter will be forwarded to OET.
- A provider shall have twenty-one (21) days from the receipt of the final decision by the LWIB to appeal the denial or revocation to OET.
- OET will have thirty (30) days to complete its investigation into the matter, gather additional information from the affected LWIB(s) file and from the provider (such as the completed local appeal), and issue a final determination of eligibility.
- During this time period, OET will convene a meeting with the affected parties, if requested.
- This final determination will be forwarded to the training provider and the LWIB(s) in writing.
- If OET overturns the decision of the LWIB, the program(s) will be included on the statewide list within seven (7) days.
- OET will not make a final decision to overturn the decision of an LWIB without convening a meeting with all of the affected parties.
- OET has the ability to ask an LWIB to deny or revoke a training provider or its program(s) eligibility and have it removed from the list “for cause”.
- If such decision is made, OET must send a formal written notice of its concerns to the affected LWIB(s). The notice will require local action on the matter.
- The LWIB(s) will have the option of providing OET with additional information that would clarify and substantiate the provider’s eligibility status or of initiating removal of the provider or its program(s) from the ETPL.
- Both the notice from OET to the affected LWIB(s) and the board’s response to the notice must be sent by registered mail.
- The LWIB(s) has twenty-one (21) days to respond in writing to the OET notice.
Reinstatement on the Training Provider Statewide List
Chapter: 7
Section: 3.8
Effective Date: 4/20/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:40:44 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
- Since it is possible for a training provider, which was not provided eligibility due to failure in performance, to improve upon its overall performance and otherwise rectify any other conditions of their denial or revocation as an eligible training provider, a provider may re-apply for eligibility after one (1) year from its removal.
- The training provider must comply with the requirements for initial eligibility;
- The training provider must demonstrate it has corrected all performance and other deficiencies which resulted in their removal from the ETPL; and
- The local board must determine eligibility of the program and submit it for reinstatement on the ETPL.
- Since it is possible for a training program that was denied continued eligibility to undergo significant improvement, a provider may re-apply for initial eligibility of the training program when it can demonstrate its program quality with at least one (1) year of performance information.
- A provider whose training program is removed from the statewide list can therefore re-apply for program eligibility no sooner than one (1) year from the date of the denial of program eligibility.
- The provider must re-apply for program eligibility subject to the policies and procedures for continued eligibility found in the Initial Eligibility of Training Providers, paragraph 3 section of this policy.
- If the program meets the minimum state or local performance standards (if established), along with any other eligibility criteria in place at the time of re-application, the local board must determine the program eligible and submit it for reinstatement on the statewide list of eligible training programs.
- The local workforce innovation board must reaffirm that a program previously accredited by the North Central Association, the Illinois Community College Board, or the Illinois State Board of Education is still accredited or the accreditation has been renewed.
Performance Measures for Eligible Training Providers
Chapter: 7
Section: 3.9
Effective Date: 7/1/2021
Expiration Date: Continuing
Revision Date: 7/25/2024 8:41:20 AM
Version: 2
Status: Current
Tags: Program Eligibility,
Services
- All eligible training providers, except for Registered Apprenticeship Programs (RAPs), are required to provide basic performance data, when available, on their training programs in order to be approved for initial eligibility or continued eligibility.
- Similar to the RAP exemption from the eligibility requirements, RAPs also are exempt from ETP performance reporting requirements in WIOA, including any additional ETP reporting requirements that have been added by the state or local area; however, RAPs may voluntarily report performance outcomes.
- States may require only the information necessary to verify the registration status for the RAP.
- The specific training provider and training program performance information for ALL students of the program shall be provided, when available. The following ALL student performance data should include both WIOA and non-WIOA students:
- Total number of students for this training program;
- Total number of exiters (defined as those students who completed, withdrew or otherwise are no longer enrolled in the program of study or equivalent and have no planned gap in service and no future services planned, excluding follow-up) in this training program;
- Number of exiters who are employed during the second (2nd) quarter after exit quarter;
- Number of exiters who are employed during the fourth (4th) quarter after exit;
- For all exiters in a program of study where a wage match occurred, the median wage earned in the second (2nd) quarter after exit;
- Credential Rate for exiters for this training program;
- Employment Rate Q2 – completers (defined as a student who successfully completed the program of study in which they were enrolled);
- Employment Rate Q4 – completers;
- Median Wage Q2 – completers; and
- Number of students who began the program of study compared to those who completed the program of study.
- The WIOA student performance information for each of the data elements outlined in a.-j. above can be extracted from the Illinois Workforce Development System (IWDS).
- The performance data required by paragraph 1. above should be entered in IWDS for the most current program year, as well as the previous three (3) program years.
- An example of this would be, during PY20, a CDL training program concluded in January 2020, the outcomes of those students should be reported for PY20, if they are available. Also, this CDL training program has been an ongoing training program since 2000. Data for those programs concluded during PY17, PY18, and PY19 should also be entered, if available.
Monitoring and Oversight of Eligible Training Providers
Chapter: 7
Section: 3.10
Effective Date: 4/10/2016
Expiration Date: Continuing
Revision Date: 7/25/2024 8:42:02 AM
Version: 2
Status: Current
Tags: Monitoring/Oversight,
Program Eligibility,
Services
All programs approved for either initial or continued eligibility status will be subject to routine monitoring by the Local Workforce Innovation Board (LWIB) and OET.
- The LWIB is required to conduct annual monitoring of all eligible training providers and their eligible training programs. The LWIB, at a minimum, should:
- Ensure all eligible training providers have maintained all criteria for which they were determined eligible;
- Reaffirm that a training program is still accredited or the accreditation has been renewed;
- Ensure all eligible training program basic information in IWDS has been updated to reflect current information;
- Conduct routine visits at each location for which eligible training programs are conducted to ensure all assurances outlined in the Initial Eligibility of Training Providers, paragraph 2.e. section of this policy, continue to be met.
- In determining the frequency of visits, the LWIB should prioritize as follows those locations:
- With training programs approved for initial eligibility;
- For eligible training programs exhibiting poor performance;
- That have had the longest period since the last visit; and
- That warrant a visit based on local criteria.
- Providers that coordinate and conduct e-learning programs must have visits conducted on their locations consistent with ensuring compliance with this section; and
- Routine monitoring visits to eligible training providers located outside of the local area (including in another LWIA or out-of-state) may be a coordinated effort so long as the monitoring is consistent with this section; and
- Ensure that all eligible training programs have met the required performance measures as outlined in the Performance Measures for Eligible Training Providers section of this policy.
- The LWIB is required to cooperate with the OET during any monitoring and oversight activities.
Enforcement of Eligible Training Providers Violations
Chapter: 7
Section: 3.11
Effective Date: 7/1/2015
Expiration Date: Continuing
Revision Date: 7/25/2024 8:42:35 AM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
The procedures established for identifying eligible training providers under this section shall also provide for the following:
-
Intentionally Supplying Inaccurate Information—Upon a determination, by an individual or entity specified in the procedures, that a provider of training services, or individual providing information on behalf of the provider, violated Section 122 of WIOA (or Section 122 of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of this Act) by intentionally supplying inaccurate information under this section, the eligibility of such provider to receive funds under WIOA Chapter 3 of Subtitle B shall be terminated for a period of time that is not less than two (2) years.
-
Substantial Violations—Upon a determination, by an individual or entity specified in the procedures, that a provider of training services substantially violated any requirement under Section 122 of WIOA (or Title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment), the eligibility of such provider to receive funds under WIOA Chapter 3 of Subtitle B for the program involved shall be terminated for a period of not less than two (2) years.
-
Repayment—A provider of training services whose eligibility is terminated under subparagraph (1) or (2) shall be liable for the repayment of funds received under WIOA Chapter 3 of Subtitle B (or under Chapter 5 of Subtitle B of Title I of the Workforce Investment Act of 1998, as in effect on the day before such date of enactment) during a period of violation described in such subparagraph.
Use of Pay-for-Performance Contracts (Pending)
Chapter: 7
Section: 3.12
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 4/22/2021 2:55:35 PM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
Policy to be determined.
Adults and Dislocated Worker Contracts (Pending)
Chapter: 7
Section: 3.13
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 4/22/2021 2:56:40 PM
Version: 1
Status: Current
Tags: Program Eligibility,
Services
Policy to be determined.
Supportive Services
Chapter: 7
Section: 4
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 7/26/2021 2:06:38 PM
Version: 1
Status: Current
Tags: Supportive Services,
Services
Funds allocated to a local area for adults and dislocated workers may be used to provide supportive services to adults and dislocated workers, respectively—
- Who are participating in programs with authorized activities; and
- Who are unable to obtain such supportive services through other programs providing such services.
Additional policy is pending.
Needs-Related Payments (NRPs)
Chapter: 7
Section: 4.1
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 7/26/2021 2:08:47 PM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Supportive Services,
Services
Needs-Related Payments (NRPs) may be provided to an eligible adult or dislocated worker to allow such worker to participate in training when other funds are not available or have been exhausted. NRPs are not entitlements and must be necessary to the success of the participant’s training plan and beyond the ability of the participant to pay.
NRP Local Policy
Chapter: 7
Section: 4.1.1
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 11/22/2016 10:50:03 AM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Supportive Services,
Services
LWIBs that approve the use of NRPs will need to develop a written policy prior to local implementation that would include (1) eligibility; (2) payment determination; (3) administration and oversight; and (4) fraud.
NRP Eligibility
Chapter: 7
Section: 4.1.2
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 7/26/2021 2:19:02 PM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Supportive Services,
Services
NRPs are not intended to meet all needs of a worker enrolled in training and are limited to workers who need assistance to complete their long-term training plans.
-
Adult Eligibility: to be eligible for NRPs, an adult must:
-
Be unemployed;
-
Not qualify for Unemployment Insurance compensation (UI); and
-
Be enrolled in a program of training services.
-
Dislocated Worker Eligibility: be eligible for NRPs, a dislocated worker must:
-
Be unemployed and
-
Have ceased to qualify for Unemployment Insurance compensation (UI) or Trade Readjustment Allowance under the Trade Adjustment Act (TAA) or North American Free Trade Agreement--Transitional Adjustment Assistance (NAFTA-TAA); and
-
Be enrolled in a program of training services by the end of the thirteenth (13th) week after the most recent layoff that resulted in a determination of the worker’s eligibility as a dislocated worker, or, if later, by the end of the eighth (8th) week after the worker is informed that a short-term layoff will exceed six (6) months.
OR
-
Be unemployed and
-
Did not qualify for Unemployment Insurance compensation (UI) or Trade Readjustment Allowance under the Trade Adjustment Act (TAA) or North American Free Trade Agreement--Transitional Adjustment Assistance (NAFTA-TAA); and
-
Be enrolled in a program of training services by the end of the thirteenth (13th) week after the most recent layoff that resulted in a determination of the worker’s eligibility as a dislocated worker, or, if later, by the end of the eighth (8th) week after the worker is informed that a short-term layoff will exceed six (6) months.
-
If these eligibility requirements are met, individuals may be awarded NRPs from WIOA funding prior to the start date of training classes for the purpose of enabling them to participate in programs of employment and training services that begin within thirty (30) calendar days.
-
The Office of Employment and Training (OET) may authorize local areas to extend the thirty (30)-day grace period to address appropriate circumstances.
NRP Payment Determination
Chapter: 7
Section: 4.1.3
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 7/26/2021 2:21:07 PM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Services
- The level of NRPs made to adults may not exceed the equivalent weekly amount of the LWIA’s annual 100% LLSIL for a family of one (1).
- The level of NRPs made to dislocated workers shall not exceed the greater of:
- The applicable weekly level of UI compensation (for participants who were eligible for UI as a result of a qualifying dislocation); or
- If the worker did not qualify for UI compensation, the weekly payment may not exceed the poverty level for an equivalent period. The weekly payment level must be adjusted to reflect changes in total family income as determined by local board policies. [The poverty level for family size is established for the adult program and must be divided by fifty-two (52) weeks to determine a weekly poverty level].
NRP Administration and Oversight
Chapter: 7
Section: 4.1.4
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 11/22/2016 10:51:02 AM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Supportive Services,
Services
- Each LWIA is required to specify in their written NRP policy how they will document the requirements for and payments from this program.
- LWIAs are required to maintain the following documentation on each eligible NRP recipient:
- A copy of a UI entitlement decision or confirmation of UI benefits being exhausted;
- A copy of request for training classes for each period of training (quarter, semester, block, class, etc.);
- Verification of enrollment/registration, participation, grades, and completion of training classes (confirmation from Registrar’s office and course instructor);
- A signature by the participant attesting to his/her understanding of NRP requirements and instructions;
- All eligibility determinations must be documented; and
- A comprehensive reporting system of all NRPs.
NRP Fraud
Chapter: 7
Section: 4.1.5
Effective Date: 8/29/2007
Expiration Date: Continuing
Revision Date: 7/26/2021 2:23:56 PM
Version: 1
Status: Current
Tags: Needs-Related Payments,
Supportive Services,
Services
- To prevent fraudulent payment activity the LWIA must:
- Perform a cross-check with UI to ensure that participants are not receiving UI, State Training Benefits, TRA, and NRPs at the same time;
- Verify training participation before payments are authorized; and
- Report fraud when discovered to begin the collection process from appropriate sources.
- The local policy must state that in the event of the discovery of fraudulent activity, all payments to the fraudulent party will cease and all funds paid will be recovered.
- All cases of fraud or suspected fraud will be forwarded to the appropriate legal authorities for prosecution per the Incident Reporting section of the policy manual.
- NRPs have been classified as non-taxable income by the Internal Revenue Service (IRS).
Poverty Guidelines for Determining Amounts of Needs-Related Payments
Chapter: 7
Section: 4.2
Effective Date: 7/27/2007
Expiration Date: Continuing
Revision Date: 5/1/2024 1:59:06 PM
Version: 5
Status: Current
Tags: Needs-Related Payments,
Poverty Guidelines,
Supportive Services,
Services
The poverty guidelines are a version of the federal poverty measure issued each year in the Federal Register by the Department of Health and Human Services (HHS). The guidelines are a simplification of the poverty thresholds for use for administrative purposes — for instance, determining financial eligibility for certain federal programs.
- For WIOA purposes, the guidelines are issued annually in tables through a WIOA Notice on Revised Poverty Guidelines for Determining Eligibility. These tables are used for determining eligibility for needs-related payments and Category I of the Job Training and Economic Development (JTED) Grant Program. These tables are issued through a WIOA Notice on Revised Poverty Guidelines for Determining Eligibility.
- This policy provides the information contained in those tables to be used for determining the poverty guidelines for needs-related payments. Tables for determining the status of WIOA income eligibility, commonly referred to as the 70% Lower Living Standard Income Level (LLSIL) and the 100% LLSIL for determining needs-related payments are found in the Lower Living Standard Income Level (LLSIL) section of the policy manual.
Youth Services and Competitive Procurement of Youth Providers
Chapter: 7
Section: 5
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:17:19 AM
Version: 2
Status: Current
Tags: Youth,
Services,
Fiscal
Title IB of the Workforce Innovation and Opportunity Act (WIOA) outlines a broad youth vision that supports an integrated service delivery system amongst one-stop and community partners. It affirms the workforce system’s commitment to providing high-quality services for all youth and young adults beginning with career exploration and guidance, continued support for educational attainment, opportunities for skills training in in-demand industries and occupations, such as pre-apprenticeships or on-the-job training, and culminating with sustainable employment along a career pathway, enrollment in post-secondary education, or Registered Apprenticeship.
Youth Program Vision and Design
Chapter: 7
Section: 5.1
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:10:17 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
The Workforce Innovation and Opportunity Act (WIOA) Youth program provides a great deal of flexibility in designing programs and services. The competitive procurement of youth providers serves as a strategic tool that helps Local Workforce Innovation Boards (LWIBs), with the participation of their youth standing committee, realize their vision for youth service delivery.
Vision: A high-quality Request for Proposal (RFP) lays out a clear vision for youth services that align with the strategic vision and goals identified in the WIOA state and local plans. It provides the LWIB the opportunity to implement the workforce development, education, and training goals laid out in the plans. The RFP also reflects how the LWIB expects investments around workforce and education to connect youth to locally available career pathways. It articulates the youth population(s) to target, the partnerships to develop and/or strengthen, and the desired participant outcomes.
Program Design: The program design describes how the vision will operate. The RFP must clarify how assessments, individual service strategies, the fourteen (14) program elements, and career pathways opportunities will be delivered and how those services fit into the overall local area strategy. The RFP should clarify if it is seeking a vendor(s) to provide the full array of WIOA Youth program services or only some of the services. If the RFP is only procuring some of the services, it should describe the coordination of services with other community organizations, vendors, or the LWIB. It also explains the LWIB’s expectations around delivering objective assessments and developing individual service strategies for participants.
Youth Program Elements
Chapter: 7
Section: 5.2
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:24:45 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- The Workforce Innovation and Opportunity Act (WIOA) Title IB Youth Program provides services through the local One-Stops Career Centers to low-income youth, ages 14-24, who face barriers to employment.
- Services strategies prepare youth for employment and/or post-secondary education through strong linkages between academic and occupational learning.
- Strategies must incorporate one or more of the fourteen (14) required youth program elements which are further defined in the Training and Employment Guidance Letter (TEGL) 21-16. These elements are:
- Tutoring, Study Skills Training, Instruction, and Dropout Prevention activities that keep youth in school and lead to completion of a high school diploma or recognized equivalent;
- Alternative Secondary School and Dropout Recovery Services assist youth who have dropped out of school and struggled in traditional secondary education;
- Paid and Unpaid Work Experience is a structured learning experience in a workplace and provides opportunities for career exploration and skill development;
- Occupational Skills Training is an organized program of study that provides specific skills and leads to proficiency in an occupational field;
- Education Offered Concurrently with Workforce Preparation is an integrated education and training model combining workforce preparation, basic academic skills, and occupational skills;
- Leadership Development Opportunities encourage responsibility, confidence, employability, self-determination, and other positive social behaviors;
- Supportive Services enable an individual to participate in WIOA activities;
- Adult Mentoring is a formal relationship between a youth and an adult mentor with structured activities where the mentor offers guidance, support, and encouragement;
- Follow-up Services are provided following program exit to help ensure youth succeed in employment or education;
- Comprehensive Guidance and Counseling provides individualized counseling to participants, including drug/alcohol and mental health counseling;
- Financial Literacy Education provides youth with the knowledge and skills they need to achieve long-term financial stability;
- Entrepreneurial Skills provides the basics of starting and operating a small business and develops entrepreneurial skills;
- Services that Provide Labor Market Information offer employment and labor market information about in-demand industry sectors or occupations; and
- Postsecondary Preparation and Transition Activities help youth prepare for and transition to postsecondary education and training.
Determination to Directly Provide Youth Services or Procure a Youth Service Provider
Chapter: 7
Section: 5.3
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:12:17 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- One of the responsibilities of Local Workforce Innovation Boards (LWIBs) is to select providers of youth workforce services through competitive grants or contracts as required by the Workforce Innovation and Opportunity Act (WIOA) and the criteria established in this policy.
- Since competition is expected to improve the delivery of efficient and effective youth workforce services, LWIBs are encouraged to award grants or contracts to youth service providers for the program elements youth service providers in the area are best positioned to offer because of their experience and effective programs.
- LWIBs have the option of directly providing some or all youth workforce services rather than awarding grants or contracts for these services.
- LWIBs may directly provide WIOA youth program elements they can most efficiently and cost-effectively provide, such as labor market and employment information, and framework services including assessment, intake, supportive services, and follow-up services.
- If LWIBs choose to directly provide youth workforce services, situations may arise where a single entity serves multiple roles, such as fiscal agent, service provider, and/or one-stop operator.
- When youth services are provided by an entity that fulfills another role in the local area, a written agreement with the LWIB and Chief Elected Official (CEO) must provide clarity on the expectations for those roles and clear methods of tracking effective execution and accountability for the distinct roles while demonstrating compliance with WIOA and corresponding regulations, relevant Office of Management and Budget circulars, and the State’s conflict of interest policy. Guidance on the firewalls surrounding LWIBs serving multiple functions is described in the One-Stop Operator Procurement section of the policy manual.
Youth Provider Procurement Competition Requirements
Chapter: 7
Section: 5.4
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:12:54 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
The WIOA Joint Final Rule requires that the LWIB’s competitive process be based on local procurement policies and procedures as well as the principles of competitive procurement in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200, including the Department of Labor’s (DOL’s) specific requirements at 2 CFR part 2900, and other applicable regulations and policies.
- Appendix I of the Uniform Guidance outlines what the federal government has identified as the information that should be included in a competitive solicitation. Under WIOA, and consistent with the Uniform Guidance, the general procurement requirements include:
- Written Policies and Procedures;
- Methods of Procurement for Competitions;
- Full and Open Competition;
- Written Standards of Conduct;
- Transparency and Responsibility; and
- Recordkeeping.
- All procurement transactions must be conducted using full and open competition.
- To ensure objective contractor performance and eliminate an unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
- Some of the situations considered to be restrictive of competition include, but are not limited to:
- Placing unreasonable requirements on firms for them to qualify to do business;
- Requiring unnecessary experience and excessive bonding;
- Noncompetitive pricing practices between firms or between affiliated companies;
- Noncompetitive contracts to consultants that are on retainer contracts;
- Organizational conflicts of interest;
- Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
- Any arbitrary action in the procurement process.
- There is one exception to the requirement of competitive procurement. An LWIB may award sole-source contracts if it determines an insufficient number of providers exist in the local area.
Non-Competitive Procurement of Youth Service Providers (Sole-Source)
Chapter: 7
Section: 5.5
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:13:36 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- Where the Local Workforce Innovation Board (LWIB) determines there are an insufficient number of eligible youth providers in the local area, such as a rural area, the LWIB may award grants or contracts on a sole-source basis.
- LWIBs must follow the criteria outlined in the Workforce Innovation and Opportunity Act (WIOA) to award sole-source grants or contracts for youth services when one of the following occurs:
- Services are available only from a single source;
- The public exigency or emergency for the service will not permit a delay resulting from publicizing a competitive solicitation;
- The U.S. Department of Labor (USDOL) or the Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) expressly authorizes a noncompetitive procurement in response to a written request from the LWIB; or
- After solicitation of several sources, competition is determined to be inadequate, whether for reasons of number or quality of proposals/bids.
- LWIBs that make the selection for sole-source must prepare and maintain written documentation of the entire sole-source selection process. The documentation should provide evidence the review was performed by an impartial entity or organization and verify that firewalls were in place during the review of the proposals.
Youth Service Provider Selection Process
Chapter: 7
Section: 5.6
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:14:12 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- Any response received to publicized requests for proposals from bidders or offerors must be considered to the maximum extent practical.
- Local Workforce Innovation Boards (LWIBs) must have a written method for conducting technical evaluations of the proposals received and making selections.
- Contracts must be awarded to the responsible bidder or offeror whose proposal is most advantageous to the LWIB, with price and other factors considered.
- If the LWIB has an established standing youth committee, it may assign the committee the function of selecting youth service providers.
- LWIBs, or their standing youth committee, must select youth service providers best positioned to provide the required youth program elements.
- When an LWIB awards grants or contracts to youth service providers to carry out youth workforce investment activities, it must identify youth service providers based on criteria established in the State Plan and take into consideration the ability of the provider to meet performance accountability measures based on the primary indicators of performance for youth programs.
- When selecting an entity as a youth service provider, LWIBs must consider the entity’s integrity, compliance with public policy, a record of past performance, and other factors that demonstrate transparency and responsibility. LWIBs must also ensure that a potential provider is not debarred, suspended, or otherwise excluded from or ineligible to participate in federal assistance programs or activities.
- LWIBs must take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible, as further prescribed in 2 CFR 200.321(a).
- LWIBs must maintain sufficient records to detail the history of procurement in accordance with the Uniform Guidance. These records must include, but are not limited to, the following:
- All proposals/bids received;
- Ratings of all proposals/bids received;
- Rationale for the method of procurement;
- Selection of agreement or contract type;
- Selection or rejection of proposals/bids;
- Appeals and disputes; and
- Basis for the agreed price.
Criteria for Youth Service Provider Selection
Chapter: 7
Section: 5.7
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:14:40 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- When Local Workforce Innovation Boards (LWIBs) award grants or contracts to youth service providers, they must do so in accordance with the following criteria that demonstrate the ability of the provider(s) to:
- Effectively provide the youth services sought by the LWIB; specifically, the execution of the fourteen (14) youth program elements;
- Coordinate services with other community organizations, vendors, or the LWIB;
- Provide services at a reasonable cost and provide an accurate project budget;
- Costs that LWIBs may want to consider in the proposed budget narrative include:
- program staff wages and fringe benefits;
- travel;
- supplies and materials;
- training costs;
- work experience wages/stipends; and
- incentives.
- Leveraged costs and indirect costs should be requested.
- Demonstrate an understanding of the Workforce Innovation and Opportunity Act (WIOA) program statutory and regulatory requirements, and any other federal, state, and local policies impacting youth program operations;
- Identify partners the provider will work with to help youth achieve successful outcomes;
- Note that LWIBs are not required to procure all fourteen (14) program elements through a competitive process; therefore, the Request for Proposals might allow vendors to propose to collaborate with other organizations to leverage available resources in the community.
- Offer or provide access to a continuum of services that allow participants to obtain a General Education Development or high school diploma, enroll in post-secondary education, and obtain employment within their chosen career paths, as applicable;
- Utilize career pathways and sector strategy models with a structured sequence of activities, as well as multiple entry and exit points that provide adequate supportive services, as applicable;
- Meet or exceed performance indicators that will be used to measure the success of the youth served by the program, and the minimum standards and targets set by the LWIB to ensure the LWIB’s indicators of performance negotiated with the state for the youth program are met;
- Meet established reporting requirements;
- Demonstrate past performance providing youth services, if applicable; and
- Demonstrate strong community and business linkages to ensure the ability to develop work-based learning opportunities and meet the skill and training needs of the state’s talent pipeline.
Avoiding Conflicts of Interest for Selection of Youth Providers
Chapter: 7
Section: 5.8
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:15:10 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
Persons and entities involved in the competitive process to select youth providers using federal funds must be free of apparent or real conflicts of interest.
- Local Workforce Innovation Boards (LWIBs) are required to make available to the public:
- The LWIB’s written conflict of interest policy;
- The LWIB’s written procurement policies;
- The procurement solicitation itself;
- A listing of the entities that submitted bids or proposals;
- An abstract of those bids or proposals;
- The identity of the selected youth providers; and
- Total award amount and duration of the contract with the youth providers.
- This list is not all-inclusive.
- The Workforce Innovation and Opportunity Acy (WIOA) law and governing regulations also require that any organization or entity that has been selected to perform multiple functions in a local area must develop a written agreement with the LWIB and the Chief Elected Official (CEO) to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, the Uniform Guidance, and conflict of interest policies of both the state and the organization or entity performing multiple functions.
- The possibility that a conflict of interest may arise is inherent when entities are performing, or seeking to perform, multiple functions within the workforce development system.
- Proper firewalls must be in place to ensure the transparency and integrity of the procurement process and demonstrate to the public as well as the state that the selection process was impartial and that no preferential treatment was given to the awardee.
Required Contract Elements for Youth Providers
Chapter: 7
Section: 5.9
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:15:37 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- All youth provider contracts must include the essential elements of a legally binding written agreement, and contain, at a minimum, a budget, total contract award amount, Statement of Work (including the period of performance or the start and end date of the contract and the services to be performed, including measurable performance goals to be delivered under the agreement), Authorized Officials and Purpose, and Additional contractual terms and conditions.
- The youth provider contract must identify that the youth provider is a sub-recipient of federal funds and must comply with the Uniform Guidance at 2 CFR part 200, including the U.S. Department of Labor (USDOL)’s specific requirements at 2 CFR part 2900. The contract must include the information required by the Uniform Guidance.
- The youth provider contract must include a provision that outlines how the contract may be modified or amended including that an amendment to the contract may be required if there are substantive regulatory and/or policy changes at the federal, state, and local level with the implementation of the Workforce Innovation and Opportunity Act (WIOA).
Oversight and Monitoring of Youth Providers
Chapter: 7
Section: 5.10
Effective Date: 6/16/2022
Expiration Date: Continuing
Revision Date: 6/16/2022 10:16:12 AM
Version: 1
Status: Current
Tags: Youth,
Services,
Fiscal
- The Workforce Innovation and Opportunity Act (WIOA) requires Local Workforce Innovation Boards (LWIBs) to establish local monitoring policies and procedures to conduct monitoring of its youth providers.
- When the LWIB is a youth provider, there is an inherent conflict of interest in that the LWIB cannot effectively monitor itself.
- In such circumstances, an outside entity must conduct the monitoring and report the monitoring results to the Chief Elected Official (CEO).
- The Department of Commerce and Economic Opportunity, Office of Employment and Training (OET) will verify compliance with the oversight and monitoring requirements of the youth providers as part of the annual monitoring review.
Administration and Financial Management
Chapter: 8
Section: Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 8/31/2016 3:27:59 PM
Version: 1
Status: Current
Tags: Administration,
Fiscal
PurposePolicy Content Needed
State Program Oversight and Monitoring (Pending)
Chapter: 8
Section: 1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 12/28/2020 4:07:47 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
Administration,
Fiscal
Policy to be determined.
Ongoing Desk Review of Compliance (Pending)
Chapter: 8
Section: 1.1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/9/2016 4:27:35 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
Administration,
Fiscal
Policy to be determined.
Annual On-site Monitoring (Pending)
Chapter: 8
Section: 1.2
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 4/17/2017 1:13:20 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
Administration,
Fiscal
Policy to be determined.
Data Validation
Chapter: 8
Section: 1.3
Effective Date: 8/19/2009
Expiration Date: Continuing
Revision Date: 8/15/2024 1:59:45 PM
Version: 2
Status: Current
Tags: Data Validation,
Monitoring/Oversight,
Administration,
Fiscal
- Data Validation Guidance
- Data validation is a series of internal controls and quality assurance techniques established to verify data accuracy, validity, and reliability, as Section 116 of the Workforce Innovation and Opportunity Act (WIOA) outlines. It also ensures the accuracy of quarterly and annual performance reports, safeguards data integrity, and promotes timely resolution of data anomalies and inaccuracies. Establishing a shared data validation framework that requires a consistent approach across programs ensures that all program data consistently and accurately reflect the performance of each grant recipient. To that end, the purposes of validation procedures for both U.S. Department of Labor (USDOL) only and jointly required performance data are to:
- Verify that the performance data reported by grant recipients to USDOL are valid, accurate, reliable, and comparable across programs;
- Identify anomalies in the data and resolve issues that may cause inaccurate reporting;
- Outline source documentation required for common data elements; and
- Improve program performance accountability through the results of data validation efforts.
- The USDOL, jointly with the Department of Education, issued Training and Employment Guidance Letter (TEGL) 07-18, Guidance for Validating Jointly Required Performance Data Submitted under the Workforce Innovation and Opportunity Act (WIOA), which elaborated on the data validation guidelines for performance accountability required under WIOA.
- Most recently, USDOL supplied additional guidance under TEGL 23-19, Guidance for Validating Required Performance Data Submitted by Grant Recipients of U.S. Department of Labor (DOL) Workforce Programs, Changes 1 and 2, specific to grant recipients of USDOL workforce programs. This guidance aligns with and expands on TEGL 07-18. Grant recipients must develop data validation policies and procedures consistent with the instructions in this guidance.
- The Department of Commerce and Economic Opportunity, Office of Employment and Training (OET), is the state administrative entity that guides data validation and source documentation requirements for WIOA Title IB formula programs.
- Data Validation Process
- Data validation consists of two functions: report and data element validation.
- Report validation checks the accuracy of the state calculations used to generate USDOL performance reports as submitted through the Workforce Integrated Performance System (WIPS).
- Data element validation checks the validity, accuracy and reliability of the data used by the state to perform the calculations.
- Report validation is a quarterly activity conducted by the OET Performance and Reporting Unit for WIOA and the Trade Adjustment Assistance Unit for the Trade Adjustment Assistance Act (TAA).
- The OET Monitoring Unit conducts data element validation throughout the program year, with each local area being done once annually.
- New monitoring schedules are created annually, considering the local area’s risk.
- The annual schedule is released during the annual monitoring and data validation kick-off training for the local areas, typically in September, so that each LWIA has ample time to prepare.
- Data element validation should not be confused with WIOA eligibility verification requirements. Although it may verify the existence of source documentation for some eligibility criteria, the process does not validate participant eligibility.
- Data Validation Procedures
- The procedures followed by OET are provided in the OET Data Validation Procedures attachment to this policy. (See the Attachments tab.)
- The monitoring tools checklists contain data elements identified for validation review in each program year. These will be communicated in the annual monitoring and data validation kick-off training for the local areas.
- Although data element validation does not validate participant eligibility, the state policy uses the data element validation documentation requirements outlined in TEGL 23-19, Change 1, as the foundation for WIOA program eligibility documentation for all eligibility components included under data element validation requirements.
- Source documentation for required data elements can be found in this policy's Source Documentation USDOL only Data Element Validation attachment. (See the Attachments tab.)
- For data elements that allow self-attestation, self-attestation must follow the requirements outlined in TEGL 23-19, Change 2.
- Participant Sample Methodology
- Each local area is monitored once throughout the program year.
- Before each WIOA and TAA monitoring event, the assigned monitoring team selects open and exited participants from the following funding streams: Adult, Dislocated Worker, Youth, and TAA. The sample records will not include reportable individuals.
- The sample size methodology is based on the grantee’s overall risk, with all required data elements reviewed depending on available resources. The sample will include more files from local areas determined to be at a higher risk. The minimum number of files that will be monitored and uploaded into the case management system is outlined below.
- OET monitors would be expected to review a sample of Youth, Adult, Dislocated Worker, and Trade files as follows:
- 0-100 Customers - 5 Files (minimum)
- 101-200 Customers - 10-30 Files (depending on risk)
- 200+ Customers – 30-10% Files (depending on risk)
- Before each monitoring event, staff review various reports from the case management system. If the reports indicate trends in potentially inaccurate data, such as long periods of program participation, trends in exit dates being at the end of the quarter, training activities without an occupation code and/or associated credentials, and contradictory values, additional files may be selected as part of the “desk review”.
- The OET lead monitor must ensure the monitoring announcement letter is emailed to the local area approximately one month before the beginning date of on-site monitoring. Monitoring sends the list of selected participants with instructions to the local area, and monitoring staff begins reviewing the records during the desk review before the entrance conference.
- Data Validation Responsibilities
- State-Level Responsibilities
- Provide overall guidance, training and technical assistance for data validation standards following federal guidance;
- Conduct data element validation activities during annual monitoring visits per 2 CFR 200.328;
- Utilize the feedback to identify and resolve any errors identified.
- Maintain records per state and federal records retention rules;
- Provide annual monitoring and data element validation training; and
- Annually review the results of data validation efforts and the effectiveness of the data validation process and revise as needed.
- Local-Level Responsibilities
- Develop internal controls to ensure data reported in the case management system is valid, reliable, and aligns with source documentation following this policy;
- Provide training to staff on the importance of correct data entry and allowable source documentation on an annual basis, at a minimum;
- Regular (recommend quarterly) data element review of program data for errors, missing data, and other anomalies, including missing documentation;
- Ensure appropriate staff receive statewide monitoring and data validation training annually;
- Maintain records per state and federal records retention rules; and
- Ensure that state monitoring staff have access to source documents for review upon notification.
- Data Validation Results
- An error is counted for every missing source documentation and for every data element that has failed to match, where applicable, given the participant’s program and characteristics and the types of services that the participant receives.
- Error rates are calculated based on the number of missing source documentation and failed data elements. The average percentage of missing source documentation and the average percentage of failed data elements are error rates for a given sample.
- Each sample will have two error rates: one for missing source documentation and the other for failed data elements.
- A data validation report must be written for each local area describing the data validation results for all samples. The report must include findings of errors. After receiving the official monitoring results letter, local areas have 30 days to respond to the corrective action of data validation findings.
- Data Validation Training and Technical Assistance
- The OET conducts two annual monitoring and data validation kick-off trainings yearly. One is for OET staff, and the other is for the local areas, boards, and service providers. As part of OET’s continuous improvement effort, the following will be addressed during the training: identified trends, identified strengths, opportunities for improvement, issues, and any necessary solutions for identified issues. Any feedback received from the local areas or boards during data validation will be included in the training.
- Training documents distributed by the state during the annual monitoring and data validation kick-off training for the local areas should be used for local staff training to increase understanding of data validation issues identified during the previous year’s review. Through staff training, repeated occurrences are anticipated to be prevented.
- Any program with high errors on data elements and source documents identified during annual monitoring each program year will trigger follow-up technical assistance in the local areas.
- The OET will provide technical assistance to the local areas, local boards, and service providers on an as-needed basis regarding any aspect of data validation.
- Data Quality and Integrity
- OET conducts regular data integrity reviews of program data (USDOL recommends quarterly) for errors, missing data, out-of-range variances in values reported, and other anomalies on an ongoing basis. OET will do this through the following:
- Quarterly
- Correct data errors identified by USDOL’s WIPS.
- Review and correct data associated with the DOL’s Quarterly Report Analysis (QRA) report.
- Identify potentially inaccurate data, such as long periods of program participation, trends in exit dates at the end of the quarter, training activities without an occupation code and/or associated credential, and contradictory values.
- Review and correct data associated with the USDOL’s Trade Adjustment Assistance Data Integrity (TAADI) self-check tool.
- Ongoing
- Processing data change requests as errors are identified.
- Continuing updating and training on the Illinois Performance Accountability & Transparency System (IPATS), which was developed to provide program staff with an advanced tool and data displays to use in their day-to-day work to provide transparency on performance and accountability related to case management and program implementation.
- Assisting with understanding system reports for program staff to use to analyze their program data.
- Records Retention
- All monitoring and data validation records and documentation will be maintained per Federal records retention requirements, as given in 2 CFR 200.333: Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for three (3) years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose other record retention requirements upon non-Federal entities.
- This includes copies of worksheets on data elements or records reviewed, frozen quarterly wage records for wage record matching used for reporting outcomes, trends in common data accuracy issues, error rates, and corrective action efforts made after data validation review.
- The U.S. Departments of Labor and Education (Departments) proposes to amend the State Wage Interchange System (SWIS) Data Sharing Agreement (SWIS Agreement) to permit (but not require) the retention of Wage Data obtained through the SWIS for up to fifteen (15) years after a participant exits a program. Currently, the SWIS Agreement requires Performance Accountability and Customer Information Agencies (PACIAs) to destroy Wage Data received through the SWIS five (5) years after receiving the Result file.
- Staff Training and Professional Development
- OET monitoring staff performing data element validation are provided comprehensive annual training on the data validation process and procedures before the annual monitoring and data validation kick-off training for the local areas to ensure uniform application. The presentation and training materials are archived and available to staff.
- The monitoring and data element validation training will be reviewed and updated annually, as needed.
- In addition to the annual monitoring and data element validation training provided by OET, local areas are expected to provide additional staff training, at least annually, on the importance of accurate data entry and allowable source documentation for WIOA participant eligibility.
Data Validation Process
Chapter: 8
Section: 1.3.1
Effective Date: 8/19/2009
Expiration Date: Continuing
Revision Date: 8/17/2021 3:57:41 PM
Version: 1
Status: Current
Tags: Data Validation,
Monitoring/Oversight,
Administration,
Fiscal
- The Office of Employment and Training (OET) Reporting Unit will draw samples of exiters for data element validation for WIOA, using the U.S. Department of Labor/ETA software around October 1 of each year. TAA samples will be drawn by the Reporting Unit around November 15 of the same year.
- Beginning November of each year, a Workforce Development Specialist will schedule appointments with the LWIAs for on-site validation of source documentation for WIOA and TAA exiters. Appointments for on-site validation of source documentation for Trade Adjustment Act exiters will be scheduled beginning in November of each year.
- One to two (1-2) days prior to the scheduled visit, the LWIA will be notified of the exiter files that will be reviewed. In Chicago, five to six (5-6) days notice will be given to accommodate the large number of files that need to be gathered across the several locations. LWIAs will not be notified of the specific data elements to be validated. This notification will occur for both WIOA and TAA.
- Once the LWIA receives the list of exiter files, the files must be pulled in their entirety. The exiter file, any supportive services information, and hard copies of case notes associated with that exiter, must be aggregated into one (1) file if not available on IWDS.
- During the scheduled visit, a state team will validate the worksheets against source documentation in the exiter files or IWDS, as appropriate. Two (2) types of validation rules exist: match and support. Participant files will be reviewed to determine if data on the worksheets matches or is supported by source documentation.
- The state team will indicate a pass or fail on the worksheets for each element selected for validation that applies to a given participant. Once completed, the worksheet is transmitted to the Reporting Unit where the pass/fail will be reviewed, entered into the data validation software and electronically submitted to USDOL by February 1 of each year.
Data Validation Corrective Action/Sanction
Chapter: 8
Section: 1.3.2
Effective Date: 8/19/2009
Expiration Date: Continuing
Revision Date: 8/17/2021 3:59:06 PM
Version: 1
Status: Current
Tags: Data Validation,
Monitoring/Oversight,
Administration,
Fiscal
Failure to demonstrate the validity of reported data will be deemed a failure to report and will be subject to corrective action or sanction as appropriate. Any corrective action or sanction taken will follow the rules and regulations outlined in the Workforce Innovation and Opportunity Act Final Rules.
Local Program Oversight and Monitoring (Pending)
Chapter: 8
Section: 2
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 12/28/2020 4:09:03 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
Administration,
Fiscal
Policy to be determined.
Local Monitoring Requirements (Pending)
Chapter: 8
Section: 2.1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/9/2016 4:37:45 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
Administration,
Fiscal
Policy to be determined.
Privacy and Security (Personally Identifiable Information)
Chapter: 8
Section: 2.2
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:57:49 PM
Version: 2
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
Under the Workforce Innovation and Opportunity Act (WIOA) and Trade Assistance Act (TAA), staff obtains personal and confidential information from individuals as part of eligibility determination and continuation of services. WIOA, TAA, and other federal and state regulations governing information sharing stipulate implementation of confidentiality policies and procedures.
It is the responsibility of all workforce professionals to protect the privacy of all applicants for program services, as well as the privacy of all participants receiving program services. The purpose of this policy is to describe the protections that must be in place to protect all personally identifiable information (PII) on applicants and participants including the requirements for the use, storage, and security of sensitive and confidential information, and the consequences for not adhering to these safeguards.
Personal information will be treated in the strictest confidence and will not be shared without written authorization, except for monitoring, auditing, or other grantor-imposed information-sharing requirements.
This policy applies to all WIOA and TAA service provider staff, contractor staff, grantees, subgrantees, and any other individuals or groups involved in the handling and protecting of personally identifiable information per governing guidelines including federal law, Uniform Administrative Requirements (see 2 CFR 200.303), U. S. Department of Labor (USDOL), Employment and Training Administration regulations (see 20 CFR 683.220 for WIOA and 20 CFR 618.852(b) for TAA), Training and Employment Guidance Letter 39-11, Guidance on the Handling and Protection of Personally Identifiable Information (PII), as well as any relevant state and local requirements (see the Attachments tab for Federal and State Laws on Personally Identifiable and Sensitive Information).
Personal Information and Personally Identifiable Information
Chapter: 8
Section: 2.2.1
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:36:18 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- Personal information and personally identifiable information (PII) is any information describing anything about a person, indicating actions done by or to a person, or indicating a person’s personal characteristics, which can be retrieved from a system by a name, identifying number, symbol, or other identifier assigned to a person. This information can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.
- Moreover, certain types of personally identifiable information (PII) about workforce participants are more sensitive and confidential than others, because the disclosure of such information could result in financial or other harm to the individual whose name or identity is linked to that information. Such information requires a higher level of security, including staff training, to prevent unauthorized access, use, and disclosure.
- DOL has defined two types of PII, protected PII and non-sensitive PII. The differences between protected PII and non-sensitive PII are primarily based on an analysis regarding the “risk of harm” that could result from the release of the PII.
- Protected PII is information that if disclosed could result in harm to the individual whose name or identity is linked to that information. Examples of protected PII include, but are not limited to, Social Security numbers (SSNs), credit card numbers, bank account numbers, home telephone numbers, ages, birthdates, marital status, spouse names, educational history, biometric identifiers (fingerprints, voiceprints, iris scans, etc.), medical history, financial information, and computer passwords.
- Non-sensitive PII, on the other hand, is information that if disclosed, by itself, could not reasonably be expected to result in personal harm. Essentially, it is stand-alone information that is not linked or closely associated with any protected or unprotected PII. Examples of non-sensitive PII include information such as first and last names, email addresses, business addresses, business telephone numbers, general educational credentials, gender, or race. However, depending on the circumstances, a combination of these items could potentially be categorized as protected or sensitive PII.
- To illustrate the connection between non-sensitive PII and protected PII, the disclosure of a name, business email address or business address most likely will not result in a high degree of harm to an individual. However, a name linked to a social security number, a date of birth and mother’s maiden name could result in identity theft. This demonstrates why protecting the information of our program participants is so important.
- The definition of PII is not anchored to any single category of information or technology. Rather, it requires a case-by-case assessment of the specific risk that an individual can be identified. Non-PII can become PII whenever additional information is made publicly available, in any medium and from any source, that, when combined with other available information, could be used to identify an individual (see Personally Identifiable Information definition in the Uniform Administrative Requirements, 2 CFR 200.1).
- Identifying information collected about adult, dislocated worker, and youth and TAA workforce program participants is not considered a public record, should only be used for workforce program administrative purposes, and should not be disclosed to the general public or to unauthorized individuals.
Customer Awareness of Personally Identifiable Information
Chapter: 8
Section: 2.2.2
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:38:29 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- Individuals must be informed in writing how their information will be used and that their information will be protected and that their personal and confidential information:
- May be shared among federal and state agencies, partner staff and contractors;
- Is used only for delivering services and that further disclosure of their confidential information is prohibited; and
- PII will be used for required program administrative purposes only.
- Every individual receiving WIOA or TAA services must read, sign and date a Release of Information to share their information with partner agencies. Individuals must be informed that they can request that their information not be shared among partner agencies and that this does not affect their eligibility for services.
Handling and Protecting Personally Identifiable Information
Chapter: 8
Section: 2.2.3
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:38:43 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- Any staff who work directly with WIOA and TAA applicants and participants, or who handle or process PII about applicants or participants, must take steps to ensure that PII is processed in a manner that will protect the confidentiality of the records/documents, and that PII is not accessed, viewed, or used by either the general public, or unauthorized staff at partner organizations.
- Federal and State law, regulations, and the USDOL policies require that PII and other sensitive information be protected. To ensure that PII and sensitive information is handled appropriately, service providers must:
- Ensure PII is not transmitted to unauthorized users, and all PII transmitted through email or stored electronically (e.g., DVD or thumb drive) is encrypted as outlined in the Requirements to Protect PII section of this policy.
- Take necessary steps to ensure the privacy of all PII obtained from participants and/or other individuals and to protect such information from unauthorized disclosure.
- Ensure that any PII used as part of the WIOA and TAA program administration has been obtained in conformity with applicable Federal and state laws governing confidentiality of information.
- Ensure that all PII obtained through the WIOA and TAA grants are stored in an area that is physically safe from access by unauthorized persons at all times.
- Store PII only on secure work servers and equipment that meet the standards of TEGL 39-11 and any updates to such standards provided by the USDOL. Storing PII on personally owned equipment, at off-site locations (e.g., employee’s home), and on personal email accounts is prohibited.
- Advise all local area and/or provider staff who have access to sensitive/confidential/ proprietary/private data of the confidential nature of the information, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance with such safeguards.
- Implement policies and procedures regarding the handling of PII, including staff acknowledgement of their understanding of the confidential nature of the data and the safeguards with which they must comply in their handling of such data as well as the fact that they may be liable to civil and criminal sanction for improper disclosure.
- Under the TAA program, if staff discloses data to any unauthorized individual or entity, they may be guilty of a Class B misdemeanor in the State of Illinois and may be required to serve up to six (6) months in jail and pay a fine of up to $1,500 (see Illinois Unemployment Insurance Act (820 ILCS 405/1900, applicable to TAA through 20 CFR 618.852(b))).
Requirements to Protect Personally Identifiable Information
Chapter: 8
Section: 2.2.4
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:39:03 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- All PII data must be processed in a manner that will protect the confidentiality of the records/documents and is designed to prevent unauthorized persons from retrieving such records by computer, remote terminal or any other means.
- Data may be downloaded to, or maintained on, mobile or portable devices only if the data are encrypted using National Institute of Standards and Technology (NIST) validated software products based on Federal Information Processing Standards (FIPS) 140-2 encryption.
- Wage data may only be accessed from secure locations or those off limits to the general public where access is restricted to authorized employees or contractors, vendors, and delivery personnel who have a business purpose for being there.
- WIOA and TAA grantees and service providers should use unique identifiers for participant tracking instead of the Social Security numbers (SSN). If SSNs are to be used for tracking purposes, they must be stored or displayed in a way that is not attributable to an individual, such as using a truncated or masked SSN (e.g., last 4 digits only).
- WIOA and TAA grantee and service providers using an electronic system in addition to the Illinois Workforce Development System (IWDS) for basic career services tracking or other registration processes must truncate or mask an individual's SSN in such systems.
- WIOA and TAA grantees and service providers using paper applications containing SSNs must, at a minimum, enter the basic intake information and the SSN in IWDS the day the information is received and destroy the paper application if feasible. If all eligibility information is not placed in IWDS that day, staff must mask the SSN on the paper application and store in a secure manner.
- Documentation of SSNs (e.g., physical copy of social security card) shall not be obtained until such time WIOA eligibility is determined, the individual receives a WIOA adult, dislocated worker, youth, or TAA program service which triggers participation in the program, and the individual becomes a participant.
- When an individual becomes a participant, the service provider must attempt to obtain and verify the SSN for performance reporting purposes, but shall not deny access to the American Job Center’s (in Illinois, called Illinois workNet® center) resource room or to WIOA or TAA program services if the individual does not disclose his or her SSN. If the individual refuses to provide an SSN, the local area will assign a temporary alternative identifying number. The individual will use this number for identification during subsequent visits to the Illinois workNet center or for program-funded activity tracking.
- WIOA and TAA grantees and service providers should keep SSNs electronically in IWDS minimizing the use of paper files. If paper files are used or if the participant’s SSN is listed on other forms of source documentation, the Service Provider must ensure that the SSN on the paper document has been masked (e.g., hiding original data with modified content with characters or other data).
Maintenance and Custody of Records With PII
Chapter: 8
Section: 2.2.5
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:39:31 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- The Office of Employment and Training (OET) requires grantees to maintain records related to the management and administration of the grant sufficient to:
- Supply information for required monitoring and reporting;
- Ensure adequate tracking of funding; and
- Ensure lawful expenditures of funding.
- All PII shall be stored in a secure environment physically located in the continental United States with access limited to the least number of staff.
- User equipment containing data (servers, routers, hubs, etc.) are to be maintained in secure spaces or those off limits to the general public where access is restricted to authorized employees or contractors, vendors, and delivery personnel who have a business purpose for being there.
- Individuals who are not employees or contractors may not be present in these spaces unless escorted by authorized personnel.
- Users shall not leave workstations unattended while accessing the data. Technical or logical controls should be utilized, such as locking the computer or automatic screensavers, so as not to expose the data to unauthorized personnel/passersby.
- Paper documents containing PII information must be stored securely in locked offices, rooms, cabinets, and/or desks.
- OET may require the transfer of certain records from the grantee or service provider if the organization is no longer able to maintain custody of those records.
Retention and Destruction of Records With PII
Chapter: 8
Section: 2.2.6
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:40:07 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- OET requires that records must be retained and stored in a manner that will preserve their integrity and admissibility as evidence in any audit or other proceedings. The burden of production and authentication of the records is the responsibility of the custodian of the records.
- Electronic retention of records, including the use of cloud-based storage systems, is allowable, assuming the electronic storage meets all other retention requirements outlined in WIOA, TAA, Uniform Administrative Requirements, WIOA regulations, OET data sharing requirements, and this policy manual.
- Grantees are to retain records for a period of at least three (3) years after submittal of the final closeout expenditure report for that funding period to comply with 2 CFR 200.334, unless a different retention period is specified in 2 CFR 200.334, 44 Ill. Admin. Code 7000.430(a) and (b), the applicable Notice of Funding Opportunity (NOFO), or grant agreement. If any litigation, claim, or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims, or audit exceptions involving the records have been resolved and final action taken. Thereafter, the grantee agrees that all data will be destroyed.
- WIOA and TAA grantees and service providers must use appropriate methods for destroying sensitive PII in paper files and securely deleting sensitive electronic PII.
- Acceptable destruction methods for various types of media include:
- Paper documents containing sensitive or confidential information (PII/SSN) must be shredded for disposal and are prohibited from being disposed of in the office trash. A contract with a recycling firm to recycle sensitive or confidential documents is acceptable, provided the contract ensures that the confidentiality of the PII will be protected. Such documents may also be destroyed by on-site shredding, pulping, or incineration.
- If PII has been stored on server or workstation data hard drives, similar media (e.g. floppies, USB flash drives, portable hard disks, or similar disks), optical discs (e.g., CDs, DVDs, Blu-ray) or magnetic tape , the user shall destroy the data by using a “wipe” utility which will overwrite the data at least three (3) times using either random or single character data, degaussing sufficiently to ensure that the data cannot be reconstructed, or physically destroying disk(s) (e.g., by incineration of the disc(s), shredding the discs, or completely defacing the readable surface with a coarse abrasive).
Monitoring of Protection of Personally Identifiable Information
Chapter: 8
Section: 2.2.7
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:40:23 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- At the local level, the local area must conduct oversight of the implementation of the WIOA adult, dislocated worker, and youth and TAA programs to ensure that participants are eligible for enrolled programs and documentation supporting the eligibility are contained in the case files. The procedures for protecting PII must also be monitored by the local area.
- WIOA and TAA grantees and service providers must permit the LWIB to make on-site inspections during regular business hours for the purpose of conducting monitoring reviews, audits and/or other investigations to assure compliance with the confidentiality requirements. In accordance with this responsibility, services providers must make records available to authorized persons for the purpose of inspection, review, and/or audit.
- Each LWIB must make available to OET any reports, records, plans, or any other data that is required to be submitted by law, regulation, or policy, or upon official request for as long as the records are retained.
Security Breach Reporting
Chapter: 8
Section: 2.2.8
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:40:45 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- In the event of an unauthorized access to unauthorized disclosure of, loss of, damage to or inability to account for any PII (a breach), WIOA grantee and service providers must promptly:
- Report such breach to DCEO by telephone with immediate written confirmation sent by email describing in the detail any accessed materials and identifying any individual(s) who may have been involved in such breach;
- Take all actions necessary and reasonably requested by DCEO to stop, limit or minimize the breach;
- Restore and/or retrieve, as applicable and return all PII that was lost, damaged, accessed, copied, or removed;
- Cooperate in all reasonable respects to minimize the damage resulting from the breach;
- Provide any notice to Illinois residents as required by 815 ILCS 530/10 or applicable federal law, in consultation with DCEO; and
- Cooperate in the preparation of any report related to the breach that DCEO may need to present to any governmental body.
- Any perceived or suspected breach of PII either electronically or by other means shall be reported immediately following the procedures outlined in the Incident Reporting section of the policy manual.
- WIOA and TAA grantees and service providers are required to follow any instructions provided by OET or DOL regarding addressing the breach of PII.
Failure to Comply with Protection of Personally Identifiable Information
Chapter: 8
Section: 2.2.9
Effective Date: 8/4/2021
Expiration Date: Continuing
Revision Date: 8/4/2021 1:41:02 PM
Version: 1
Status: Current
Tags: Monitoring/Oversight,
PII,
Administration,
Fiscal
- A WIOA or TAA grantee or service provider’s failure to comply with these requirements, or any improper use or disclosure of PII for an unauthorized purpose may result in termination or suspension of the WIOA or TAA grant, or the imposition of special conditions or restrictions, or such other actions as OET or DOL may deem necessary to protect the privacy of participants or the integrity of data.
Grant Administration Requirements (Pending)
Chapter: 8
Section: 3
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 3/22/2022 4:57:33 PM
Version: 2
Status: Current
Tags: Grants,
Administration,
Fiscal
Policy to be determined.
Compliance with Uniform Standards for Grant Administration (Pending)
Chapter: 8
Section: 3.1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/10/2016 8:37:49 AM
Version: 1
Status: Current
Tags: Grants,
Administration,
Fiscal
Policy to be determined.
Nondiscrimination and Equal Employment Opportunity Provisions
Chapter: 8
Section: 3.2
Effective Date: 4/10/2000
Expiration Date: Continuing
Revision Date: 8/17/2021 4:05:45 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity,
Administration,
Fiscal
It is the state’s responsibility to implement the nondiscrimination and equal opportunity requirements of WIOA. This procedure will be implemented through the Nondiscrimination Plan to give reasonable guarantee that all local level recipients and subrecipients will comply and are complying with the nondiscrimination and equal opportunity provisions of WIOA.
- The final rule (29 CFR Part 37), implements Section 188 of the Workforce Innovation and Opportunity Act, which prohibits discrimination on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. It also protects any beneficiary (person intended by Congress to receive WIOA Title I-financially assisted aid, benefits, services, or training) from discrimination based on either that beneficiary’s citizenship, or his or her participation in any WIOA Title I-financially assisted program or activity.
- Secretary’s Order 2-81 authorizes the Assistant Secretary for Administration and Management, working through the Director, Office of Civil Rights, to establish and formulate all policies, standards, and procedures for, as well as to issue rules and regulations governing, the enforcement of statutes applying nondiscrimination and equal opportunity requirements to programs and activities receiving financial assistance from the U.S. Department of Labor. On October 12, 1986, the Office of Civil Rights was redesignated the Directorate of Civil Rights by the Assistant Secretary. Effective December 12, 1995, the Assistant Secretary redesignated the Directorate of Civil Rights as the Civil Rights Center (CRC). CRC is authorized to monitor and enforce all nondiscrimination and equal opportunity regulations regarding programs receiving financial assistance from USDOL, including Section 188 of WIOA.
Grant/Contract Assurance Statement
Chapter: 8
Section: 3.2.1
Effective Date: 4/10/2000
Expiration Date: Continuing
Revision Date: 8/17/2021 4:07:32 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity,
Administration,
Fiscal
- 29 CFR Part 37.20(a)(1) states: “Each application for financial assistance under Title I of WIOA, as defined in §37.4, must include the following assurance:
- As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:
- Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WOIA Title I-financially assisted program or activity;
- Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin;
- Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;
- The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and
- Title IX of the Education Amendments of 1975, as amended, which prohibits discrimination on the basis of sex in educational programs.
- The grant applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I-financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I-financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance."
- This assurance must be included in all of the Department's grants and contracts and must also become a part of all WIOA’s grants, cooperative agreements, contracts, or other financial arrangements.
Notice and Communication
Chapter: 8
Section: 3.2.2
Effective Date: 4/10/2000
Expiration Date: Continuing
Revision Date: 8/17/2021 4:12:51 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity,
Administration,
Fiscal
- 29 CFR Part 37.29(a) states: “A recipient must provide initial and continuing notice that it does not discriminate on any prohibited ground. This notice must be provided to: registrants, applicants, and eligible applicants/registrants; participants; applicants for employment and employees; unions or professional organizations that hold collective bargaining or professional agreements with the recipient; subrecipients that receive WIOA Title I funds from the recipient; and member of the public, including those with impaired vision or hearing.”
- “The notice requirement must be posted prominently, in reasonable numbers and places; disseminated in internal memoranda and other written or electronic communications; included in handbooks or manuals; and made available to each participant and made a part of the participant's file; be provided in appropriate formats to individuals with visual impairments; and, where notice has been given in an alternate format to a participant with a visual impairment, a record that such notice has been given must be made a part of the participant’s file.”
EQUAL OPPORTUNITY IS THE LAW
- It is against the law for this recipient of Federal financial assistance to discriminate on the following basis:
- Against any individual in the United States, on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and
- Against any beneficiary of programs funded under Title I of the Workforce Innovation and Opportunity Act (WIOA), on the basis of the beneficiary's citizenship/status as a lawfully admitted immigrant authorized to work in the United States, or his/her participation in any WIOA Title I-financially assisted program or activity.
- The recipient must not discriminate in any of the following areas:
- Deciding who will be admitted, or have access, to any WIOA Title I-funded program or activity;
- Providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such a program or activity.
- What to Do If You Believe You Have Experienced Discrimination
- If you think that you have been subjected to discrimination under a WIOA Title I-funded program or activity, you may file a complaint within one hundred eighty (180) days from the date of the alleged violation with either:
- The recipient's Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or
- The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
- If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until ninety (90) days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above).
- If the recipient does not give you a written Notice of Final Action within ninety (90) days of the day on which you filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with CRC. However, you must file your CRC complaint within thirty (30) days of the ninety (90)-day deadline (in other words, within one hundred twenty (120) days after the day on which you filed your complaint with the recipient).
- If the recipients does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within thirty (30) days of the date on which you received the Notice of Final Action.
- The Equal Opportunity Is The Law notice in English and Spanish must be posted prominently and in reasonable numbers and places. Please refer to the website on the References tab.
Publications, Broadcasts and Other Communication
Chapter: 8
Section: 3.2.3
Effective Date: 4/10/2000
Expiration Date: Continuing
Revision Date: 11/23/2016 11:56:40 AM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity,
Administration,
Fiscal
- 29 CFR Part 37.34(a) states: “Recipients must indicate that the WIOA Title I-financially assisted program or activity in question is an:
- “equal opportunity employer/program” and that “auxiliary aids and services are available upon request to individuals with disabilities” In recruitment brochures and other materials that are ordinarily distributed or communicated in written and/or oral form, electronically and/or on paper, to staff, clients, or the public at large, to describe programs financially assisted under Title I of WIOA or the requirements for participation by recipients and participants.
- NOTE: Where such materials indicate that the recipient may be reached by telephone, the materials must state the telephone number of the TDD/TTY or relay service used by the recipient, as required by 37.9(c).
- Section 37.34(b) states: “Recipients that publish or broadcast program information in the news media must ensure that such publications and broadcasts state that the WIOA Title I-financially assisted program or activity in question is an equal opportunity employer/program (or otherwise indicate that discrimination in the WIOA Title I-financially assisted program or activity is prohibited by Federal law), and indicate that auxiliary aids and services are available upon request to individuals with disabilities."
Reporting of Accrued Expenditures, Obligations and Reallocations
Chapter: 8
Section: 3.3
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/17/2021 4:14:34 PM
Version: 2
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
The WIOA regulations allow the governor of a state to reallocate formula funds for youth, adult and dislocated worker funding streams. This policy provides grantees the capability to report obligations and to describe under what circumstances funds will be de-obligated and reallocated. It applies to funds under the Workforce Innovation and Opportunity Act (WIOA) and Trade Adjustment Assistance Programs.
Accrued Expenditure Reporting Requirements
Chapter: 8
Section: 3.3.1
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/17/2021 4:16:46 PM
Version: 5
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
The grantee must report accrued expenditures on a monthly basis for all grants. The prior month's expenditures must be reported via the Department’s account system by the twentieth (20th) of the current month.
WIOA Formula Unexpended Balance Reporting Requirements
Chapter: 8
Section: 3.3.2
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/17/2021 4:30:30 PM
Version: 5
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
On a quarterly basis grantees must report the unexpended balance of their obligations for each WIOA formula grant funding stream, as well as Trade Adjustment Assistance Program, Rapid Response, and National Dislocated Worker grant(s) for each quarter.
- The obligations must be reported as follows:
Quarter End Date |
Report Due Date |
3/31/xx |
4/20/xx |
6/30/xx |
7/20/xx |
9/30/xx |
10/20/xx |
12/31/xx |
1/20/xx |
- In accordance with policy on Annual Allocation and Modification Requirements of WIOA Formula Grant Funds, “If a local area has exceeded the minimum obligations of funds requirements through its expenditures by funding stream, it would not be necessary to report its unspent obligations in the Department’s accounting system.
- The following fields are available for grantees to report their obligations against and cannot be changed:
- Occupational Training – ITAs;
- Occupation Training – Other;
- Remedial/Pre-Vocational Training;
- WIOA Pay for Performance Contract;
- Supportive Services;
- Work Based Training; and
- Other.
- In addition, the budget and accrued expenditures contained on Screen 362, as of July 20 for the period ending June 30, for that program year will be inferred onto Screen 377.
- Failure to adhere to the reporting deadlines outlined above could cause funding and grant awards to be suspended.
- Minimum Obligation Requirements for WIOA Formula Grants
- A grantee must obligate at least eighty percent (80%) of each funding stream to avoid reallocation, less any amounts reserved for administration.
- A grantee must obligate at least eighty percent (80%) of a funding stream’s allotment to be eligible to receive any available reallocated funds, less any amounts reserved for administration.
Obligation Extraction
Chapter: 8
Section: 3.3.3
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/17/2021 4:26:45 PM
Version: 5
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
The Department will extract the obligations reported on Screen 377, by funding stream by local area, for WIOA on July 31st for the prior program year.
- Those local areas that have not obligated at least eighty percent (80%) of a funding stream will be reallocated by the amount those obligations are less than eighty percent (80%) of that funding stream allotment, less any amounts reserved for administration.
- Adult and dislocated worker allotments include funds transferred between them.
- Any decrease or increase in allotments due to reallocation will occur in the following program year’s grant.
- Following are examples of the utilization of this reporting requirement:
Example #1:
A local area enters into a contract for youth services that begins 10/1/09 and ends at 9/30/10, for $100,000. As of 6/30/10, the total accrued expenditures for this contract are $65,000, so the remaining balance of $35,000 is to be recognized as an obligation. On June 30, the entity posts $35,000 on Screen 377 as an obligation. On 7/15/10 an invoice is received from that contractor for $20,000 for the period ending 06/30/10. The entity posts an additional $20,000 as an accrued expenditure and changes the amount of the obligations from $35,000 to $15,000 on Screen 377.
Example #2:
A local area enters into an ITA for $10,000 for a two (2)-year college training program on 8/15/16. On 8/16/16, the entity reports an obligation for the cost of classes the participant is enrolled in for the most recent semester/quarter. On 10/15/16 the participant is still in school and the entity is obligated to pay the first (1st) quarter of tuition. The entity reports an accrual for the amount of tuition it is obligated to pay and reduces the obligation. In December, the participant enrolls in classes for the spring semester/quarter. The entity then reports an obligation for the cost of classes the participant is enrolled in for the spring semester/quarter. Note: Per TEGL 28-10, the entity is only allowed to report obligations for the portion of the ITA for which the participant is already enrolled. If a subaward or service provider contract contains a budget line item for ITAs, only the ITAs for which the participants are registered in class can be counted as obligations.
Example #3
A local area enters into contracts and grants on a July 1, XX to June 30, XX cycle. No obligations can be claimed for the period ending June 30, XX, since these agreements have an end date of June 30, XX. Any unexpended balance of these obligations may be claimed as an accrual to the extent benefits are received and can be documented.
Staff Salaries and Fringe Benefit Definition
Chapter: 8
Section: 3.3.4
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 4/13/2017 3:12:52 PM
Version: 5
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
Staff salaries and fringe benefits are not obligations.
- They will be part of the accrued expenditures reported as of July 31, XX, for the period ended June 30, XX.
Grantee Eligibility for Incentive Funds
Chapter: 8
Section: 3.3.5
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/17/2021 4:35:27 PM
Version: 5
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
- If a grantee reports obligations in excess of its actual obligations to avoid reallocation, the grantee will be ineligible to receive incentive funds for one (1) year.
- All the obligations reported to the Department will be monitored for reallocation purposes.
- The Uniform Guidance requires accurate, current and complete disclosure of financial results of the grant.
- Following are examples of the utilization of this reporting requirement:
Example #1:
A local area’s funding stream (program funds only) has an obligation level (and expenditures) of greater than eighty percent (80%). In this situation, the local area would qualify to receive reallocated funds.
Example #2:
A local area’s funding stream (program funds only) has an obligation level of greater than eighty percent (80%). However, its expenditure rate is less than eighty percent (80%). In this situation, the local area would qualify to receive reallocated funds since reallocation is based on obligation levels. However, if the monitoring process finds that the local area, in fact, did not have an obligation level of at least eighty percent (80%), the local area would be subject to retroactive de-obligation. The local area would have to forfeit any funds it had received earlier in the reallocation process, plus it would lose funds in that particular funding stream in the amount that it should have originally lost in the reallocation process. Additionally, this local area would be ineligible to receive incentive funds based on performance for one (1) year.
Example #3:
A local area’s funding stream (program funds only) has an obligation level (and expenditures) less than eighty percent (80%). In this situation, the local area would not qualify to receive reallocated funds. The amount of program funds exceeding twenty percent (20%), which is the maximum carry-forward, would be subject to de-obligation.
Grantee Obligation Tracking System
Chapter: 8
Section: 3.3.6
Effective Date: 4/13/2017
Expiration Date: Continuing
Revision Date: 8/18/2021 4:50:19 PM
Version: 4
Status: Current
Tags: Allocation,
Grants,
Reallocation,
Obligations,
Administration,
Fiscal
Grantees must have a system to track obligations either within their accounting system or an automated spreadsheet.
- This spreadsheet must be updated as obligations are entered into, when the obligation is decreased or increased, or when payment(s) are made.
Administrative Costs (Pending)
Chapter: 8
Section: 3.4
Effective Date: 11/18/2016
Expiration Date: Continuing
Revision Date: 11/21/2016 3:28:18 PM
Version: 1
Status: Current
Tags: Grants,
Administration,
Fiscal
Policy to be determined.
Audits (Pending)
Chapter: 8
Section: 3.5
Effective Date: 11/18/2016
Expiration Date: Continuing
Revision Date: 11/21/2016 3:28:35 PM
Version: 1
Status: Current
Tags: Audits,
Grants,
Administration,
Fiscal
Policy to be determined.
Property Control for Equipment Purchased with WIOA Funds
Chapter: 8
Section: 3.6
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 9/1/2020 4:21:23 PM
Version: 2
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
All equipment purchased with Workforce Innovation and Opportunity Act (WIOA) Title IB grant funds shall be maintained and managed in accordance with the property standards in the Uniform Guidance at 2 CFR 200.310-316. Additionally, where applicable, the provisions of the federal cost principles in the Uniform Guidance, 20 CFR 683.200(b) and 20 CFR 683.220(a) shall apply.
Acquisition of Equipment
Chapter: 8
Section: 3.6.1
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 8/17/2021 4:40:14 PM
Version: 3
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
- Equipment is defined as an article of tangible personal property that has a useful life of more than one (1) year and a per unit acquisition cost which equals or exceeds $5,000.
- Equipment acquired either through purchase or lease-purchase with a unit purchase price of $5,000 or more shall require prior approval from the Office of Employment and Training (OET).
- The subrecipient must submit a request for approval, along with the documentation of the results of the procurement action to OET.
- Approval of the budget as awarded does not constitute prior approval of those items requiring prior approval.
- Standards used in determining whether to approve purchases include the necessity of such purchases to achieve program goals, the planned expenditure for such purposes as compared to other available prices and funding availability.
Inventory Control
Chapter: 8
Section: 3.6.2
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 8/17/2021 4:46:18 PM
Version: 2
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
- The Office of Employment and Training shall be responsible for inventory units of equipment with an acquisition cost of $5,000 or more via an inventory tracking system. Subrecipients shall comply with the property standards in the Uniform Guidance for all inventory units of equipment with an acquisition cost which equals or exceeds the lesser of the capitalization level established by the subrecipient for financial statement purposes or $5,000.
- These property standards require, among other things, property records that include all of the items in 2 CFR 200.313(d)(1); a physical inventory taken and results reconciled with the property records every two (2) years; a control system to ensure adequate safeguards to prevent loss, damage, or theft; and adequate maintenance procedures to keep the property in good condition.
- Subrecipients shall provide inventory information to the Department on the WIOA Equipment Inventory Control Form within thirty (30) days of the acquisition of the property. Send the WIOA Equipment Inventory Control Form to the OET staff listed on the Contacts tab.
- Subrecipients shall inform the Department of any property location changes for all equipment with an acquisition cost of $5,000 or more.
- The WIOA Equipment Relocation Form should be used to document the relocation with a copy provided to OET within thirty (30) days of the relocation. (See the Forms & Instructions tab.)
- Grantees shall be responsible for inventory units of other tangible assets with an acquisition cost up to $4,999 in accordance with the grantee’s fiscal policy and procedures.
- Records shall be maintained in accordance with the federal property standards in the Uniform Guidance at 2 CFR 200.310-316.
- Additionally, where applicable, the provisions of 20 CFR 683.200 and 20 CFR 683.220 shall apply.
Lost, Damaged or Stolen Equipment
Chapter: 8
Section: 3.6.3
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 8/17/2021 4:51:20 PM
Version: 2
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
- When loss, damage or theft to grant property occurs, a Report of Lost, Damaged or Stolen Equipment Form shall be forwarded by the Grantee to OET within ten (10) days of the discovery of the loss, damage, or theft. (See the Forms & Instructions tab.)
- In the case of stolen property, a police report must accompany the report to OET, or a fire department report in the case of fire damaged property.
Disposition of Equipment
Chapter: 8
Section: 3.6.4
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 8/17/2021 4:54:58 PM
Version: 2
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
- Equipment Equal to or Greater Than $5,000
- OET must be contacted for disposition instructions for disposition of equipment having an acquisition cost of $5,000 or more when the WIOA subrecipient/grantor relationship ends or the property is no longer needed by the subrecipient, the grant Recipient, substate Grantee, or other subrecipient for other activities currently or previously supported by a federal awarding agency.
- This notification shall be given via the Report of Excess/Unserviceable WIOA Equipment Form. (See the Forms & Instructions tab.)
- In no event should equipment having an acquisition cost of $5,000 or more be transferred from the control of the subrecipient without written approval from OET.
- If authorized or required to sell the equipment, proper sales procedures must be established to ensure the highest possible return.
- Supplies and other tangible assets with an acquisition cost of less than $5,000 may be acquired and disposed of at the discretion of the subrecipient in accordance with the grantee’s fiscal policy and procedures except as noted below.
- Grantees must request disposition instructions if the equipment, regardless of the original acquisition cost, has a Department of Commerce and Economic Opportunity inventory tag. Disposition options include:
- Transfer of property to other federal grant subrecipients;
- Sale of the property (net proceeds to be returned to the program as program income or used as trade-in to offset the cost of replacement equipment);
- Donation of property to public schools or community-based organizations; and
- Recycling or scrapping property which is obsolete, unusable, or in a state of disrepair
Real Property Costs
Chapter: 8
Section: 3.6.5
Effective Date: 9/1/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 8:21:02 AM
Version: 1
Status: Current
Tags: Grants,
Property Control,
Administration,
Fiscal
Grantees must follow the provisions outlined in Training and Employment Guidance Letter (TEGL) 03-19 regarding real property costs acquired with federal grant funds.
Reporting
Chapter: 8
Section: 3.7
Effective Date: 11/19/2012
Expiration Date: Continuing
Revision Date: 8/18/2021 8:28:44 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
For current policy on Reporting, please see the Notices tab.
Annual Reporting
Chapter: 8
Section: 3.7.1
Effective Date: 11/19/2012
Expiration Date: Continuing
Revision Date: 8/18/2021 8:33:12 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
For current policy on Reporting, please see the Notices tab.
Incident Reporting
Chapter: 8
Section: 3.7.2
Effective Date: 5/4/2007
Expiration Date: Continuing
Revision Date: 8/18/2021 8:37:11 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
Allegations regarding fraud, program abuse or criminal misconduct in WIOA programs shall immediately be reported to the Department of Commerce and Economic Opportunity (DCEO), Office of Employment and Training (OET), the U.S. Department of Labor (USDOL), Employment and Training Administration (ETA) Region V Office, and the USDOL Office of Inspector General (OIG). The process in the Incident Reporting - Notifications section of this policy outlines how reporting should occur.
Incident Reporting – Notifications
Chapter: 8
Section: 3.7.2.1
Effective Date: 5/4/2007
Expiration Date: Continuing
Revision Date: 8/18/2021 8:44:48 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
- Provide LWIA staff, subrecipients and contractors the information in this policy memorandum.
- Prominently post the U.S. Department of Labor’s, Office of Inspector General (USDOL/OIG) Hotline number for reporting suspected incidents. A poster for display that contains the Hotline Number is located in the Quick Links of the website on the References tab.
Allegations of fraud, abuse or other criminal activity in WIOA-funded programs may originate from employees or the public. Reports may be made anonymously. It is up to the LWIA to ensure all individuals are aware of the incident reporting process.
Incident Reporting – Reporting
Chapter: 8
Section: 3.7.2.2
Effective Date: 5/4/2007
Expiration Date: Continuing
Revision Date: 8/18/2021 8:49:54 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
- The LWIA shall establish appropriate reporting procedures to ensure immediate notification (within one (1) workday of detection or discovery) within the LWIA and to the OET, USDOL/ETA, and USDOL/OIG regarding incidents.
- At a minimum, these procedures will include instructions to report the incident through mechanisms described below.
- Additionally, the LWIA will identify a central point person to submit and track any reports taken. The Complaint Officer may be used for this role.
- Any entity (staff, subrecipients, contractors, and public) wishing to report an incident should be provided with the process below:
- Complete the Incident Report and submit two (2) copies along with supportive documentation to the Office of Employment and Training’s Deputy Director.
Department of Commerce and Economic Opportunity
Office of Employment and Training
500 East Monroe Street, 9th Floor
Springfield, Illinois 62701
- Forward additional supplemental information received to the Deputy Director for OET.
- Submit one (1) copy of the completed Incident Report to the USDOL/ETA Region 5 Office at the address below:
Employment and Training Administration
U.S. Department of Labor
230 South Dearborn Street, 6th floor
Chicago, Illinois 60604
- Report the incident to the USDOL Office of Inspector General in one of the following ways:
- Submitting one (1) copy of the Incident Report to the following address:
Office of Inspector General
U.S. Department of Labor
200 Constitution Ave, N.W., Rm. S-5514
Washington D.C. 20210
- Completing the online USDOL Office of Inspector General hotline form at the link on the References tab.
- Calling the USDOL Office of Inspector General’s Hotline Number located at the link on the References tab. The following information will need to be provided:
- The identity of the Local Workforce Innovation Area (LWIA) or other local grant subrecipient involved.
- The identity of the person or organization the allegation is against, including telephone number and any other identifying data.
- The location of the incident with complete name(s) and address(es) of the organization(s) involved and other identifying data.
- The date and time of the incident and how it was discovered.
- The source of complaint.
- Any contacts with law enforcement agencies, including name(s), agency contacted, and results.
- The name, address, and telephone number of persons who can provide additional information.
- The details of the incident.
The Regional Administrator/Regional Director must send the Office of Financial and Administrative Management (OFAM) an initial response to all hotline referrals no later than two (2) weeks after receiving the referral and must continue to provide updates in the quarterly tracking report until the complaint has been closed and a final response has been sent to OFAM.
Incident Reporting – Fact Finding
Chapter: 8
Section: 3.7.2.3
Effective Date: 5/4/2007
Expiration Date: Continuing
Revision Date: 8/18/2021 9:11:48 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
- The USDOL OIG, upon receipt of an allegation, will make a determination as to whether an investigation will occur at the federal or state level. Notice of this determination will be provided in writing to the Depatment.
- If the OIG elects to investigate the allegation(s), The Department will postpone resolution until the investigation is complete.
- Should the USDOL/OIG elect for the investigation to occur at the state level, the Department will initiate a special monitoring review or an investigation by the appropriate state entities. Under some circumstances, the Department shall have the responsible LWIA conduct the investigation.
- If the allegation is against a customer receiving WIOA services, the LWIA may suspend such service(s) while the allegation is under investigation.
- Regardless of which entity (USDOL or the Department) will complete the investigation, the OET Fiscal Unit shall monitor the status of all WIOA Title 1B fraud and abuse investigations.
Incident Reporting – Resolution
Chapter: 8
Section: 3.7.2.4
Effective Date: 5/4/2007
Expiration Date: Continuing
Revision Date: 8/18/2021 9:16:30 AM
Version: 1
Status: Current
Tags: Grants,
Reporting,
Administration,
Fiscal
- Once the fact-finding is complete, a final determination will be issued by the conducting entity.
- The final determination details the findings discovered during the monitoring review or investigatory process, including any regulatory citations, and where appropriate, any decision to allow or disallow costs, and actions that must be taken to recover disallowed costs.
- All final determinations will be issued within fifteen (15) working days from completion of the fact-finding process.
- The OET Fiscal Unit will follow up on all Incident Reports to ensure appropriate corrective action is taken.
- LWIAs shall retain all records related to investigations initiated and completed for six (6) years after the date submitted to OET, its final expenditure report for the funding period in which the investigation occurred, and where the investigation resulted in correction action.
Training Expenditure Requirement
Chapter: 8
Section: 4
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 9:18:24 AM
Version: 6
Status: Current
Tags: Incentive Award,
Training Expenditure,
Fiscal Reporting and Accountability,
Administration,
Fiscal
The workforce innovation system plays an integral role in the revitalization of Illinois’ economy. Under the Workforce Innovation and Opportunity Act, a heightened emphasis has been placed on providing trained job seekers for demand occupations to meet the needs of employers in key sectors. To support this role, the Illinois Workforce Innovation Board (IWIB) approved the Illinois Unified State Plan for Title I of the Workforce Innovation and Opportunity Act (WIOA) and the Wagner-Peyser Act that focuses on economic growth, job creation, and the need to develop a skilled, trained workforce throughout the state.
Illinois’ Unified State Plan builds on a history of a demand-driven system that places an emphasis on the training of job seekers and workers. In 2006 the Illinois Workforce Innovation Board developed the minimum training expenditure policy that required each local workforce investment area to expend at least forty percent (40%) of the formula Workforce Investment Act funds on the training activities outlined in the policy.
In 2016, the IWIB approved the creation of a workgroup to review and update this policy. The first change approved by the IWIB was the change of the formula from independent calculations for the Adult and Dislocated Worker programs. The workgroup has identified the expenditures associated with the training-related services that can be included as “calculable” in the formula. This policy outlines that list of training services that will count toward the minimum training expenditure level, as well as increases the minimum training expenditure to fifty percent (50%).
Allowable Costs Towards Training Expenditure
Chapter: 8
Section: 4.1
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 11:19:49 AM
Version: 3
Status: Current
Tags: Incentive Award,
Training Expenditure,
Fiscal Reporting and Accountability,
Administration,
Fiscal
As defined within this policy, only certain WIOA-funded services will be considered as “calculable” LWIB expenditures toward the minimum training calculation. For purposes of this policy, the calculable services include:
- Occupational Skills Training
An organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate, or advanced levels.
- Occupational skills training includes training programs that lead to recognized postsecondary credentials that align with in-demand industry sectors or occupations in the local area. Occupational skills training must (29 CFR Part 681.540):
- Be outcome-oriented and focused on an occupational goal specified in the individual service strategy;
- Be of sufficient duration to impart the skills needed to meet the occupational goal; and
- Result in attainment of a recognized postsecondary credential.
- Occupational Skills Training costs that are calculable include:
- Occupational Skills Training Individual Training Accounts (ITAs): Payments made to a training institution or training provider for occupational classroom training authorized pursuant to an ITA (see the Individual Training Accounts (ITAs) section of the policy manual).
- Occupational Skills Training – Non-ITA: Payments made to a training institution, training provider, including community-based organizations, or other private organization of demonstrated effectiveness (see the Programs of Demonstrated Effectiveness subsection of the Individual Training Accounts (ITAs) section of the policy manual) for occupational classroom training authorized pursuant to a contract for training services, or other contractual arrangement that constitutes an exception to the use of an ITA (29 CFR Part 680.320).
- Class-Size Training: Class-Size Training Contracts can occur when there is a need to place multiple WIOA-registered students in the same training program with one (1) educational institution or eligible training provider (see the Class-Size Training section of the policy manual).
- Pay-for-Performance Contract: Contracted training service that provides payment structure funding only when agreed upon measures are achieved within a specific timeframe. Note: USDOL has indicated that further guidance on this new type of training is forthcoming.
- Work-Based Learning
Includes on-the-job training, customized training, incumbent worker training, work experience, and transitional jobs as outlined in WIOA and the final rule.
- On‐the‐Job Training (OJT): Contract(s) with an employer(s) in the public, private non‐profit, or private sector.
- Training does not have to occur at the employer’s location.
- As part of a participant’s Individualized Services Employment and Training Plan, OJT may combine other types of training such as work experience, classroom, and remediation.
- Classroom training paid for using an Individual Training Account.
- OJT may combine with ITAs to support placing participants into Registered Apprenticeship programs.
- When combining OJT with other types of training such as those above, only the OJT hours are eligible for wage reimbursement.
- Through the OJT contract, occupational training is provided to the WIOA participant in exchange for the reimbursement of the extraordinary costs of providing training and the supervision related to the training.
- OJT must comply with requirements in the OJT General Requirements subsection of the Work-Based Learning section of the policy manual.
- Customized Training: Costs associated with training that meets the special requirements of an employer or group of employers, conducted with a commitment by the employer to employ all individuals upon successful completion of training, and for which the employer pays for a significant cost of the training, as determined by the Local Workforce Innovation Board (LWIB) in accordance with the factors identified in WIOA Section 3(14) and the Customized Training subsection of the Work-Based Learning section of the policy manual.
- Incumbent Worker Training: Training to workers that have an established employment history with the employer for six (6) months or more, or be part of a cohort that includes employees that have a six (6)-month employment history with the employer.
- The employer must commit to retain or avert the layoffs of the incumbent worker(s) trained. (The Incumbent Worker Training (IWT) subsection of the Work-Based Learning section of the policy manual)
- Work Experience/Internships: Costs associated with a planned, structured, time‐limited learning experience that takes place in a workplace as a work experience or internship.
- Transitional Jobs: Costs associated with a limited work experience, that is subsidized in the public, private, or non‐profit sectors for those individuals with barriers to employment who are chronically unemployed or have an inconsistent work history; these transitional jobs are designed to enable an individual to establish a work history, demonstrate work success, and develop the skills that lead to unsubsidized employment.
- Apprenticeships: Costs associated with administering an Apprenticeship Program as outlined in the On-the-Job Training (OJT) section of the policy manual.
- ITAs may be combined with OJT funds to support the training component of a registered apprenticeship program, just as they can be used together for a participant who is not in a registered apprenticeship. (See the OJT Apprenticeship subsection of the Work-Based Learning section of the policy manual)
- Calculable expenses would include all payments made to the public, not-for-profit or private training provider, including a host employer, for the cost of the training program.
- Apprenticeships in Illinois have been reviewed by Illinois’ Workforce Readiness through Apprenticeships and Pathways (WRAP) Committee and an IWIB Standing Committee to create flexibility in the use of this type of training, be innovative in the types of apprenticeships utilized in Illinois and expand apprenticeships beyond traditional sectors and industries. The WRAP Committee adopted the following apprenticeship definition: “An employer-driven, ‘learn while you earn’ model that combines structured on-the-job training (OJT) with job-related instruction in curricula tied to the attainment of industry-recognized skills standards and leading to an industry credential. The OJT is provided by the employer, who hires the apprentice at the commencement of the program and pays the participant during the program.”
- This also includes the wages and staff costs for the development and management of work-based learning programs.
- Occupational Bridge Programs
Bridge programs prepare adults with limited academic or limited English skills to enter and succeed in credit-bearing postsecondary education and training leading to career-path employment in high-demand, middle- and high-skilled occupations. The goal of bridge programs is to sequentially bridge the gap between the initial skills of individuals and what they need to enter and succeed in postsecondary education and career-path employment.
- This training blends workplace competencies, career exploration, and basic literacy and math skills in an occupational context. It provides accelerated advancement through short, intensive classroom components, and offers academic and personal support services to help balance work, family, and school responsibilities.
- The participant’s individual employment plan must document the career path and the bridge program training approach.
- A bridge program must target one (1) or more of the following for consideration as an allowable training expenditure:
- Low-skilled, low-income adults unprepared to enter postsecondary occupational programs in high growth fields;
- Adult education students who still do not score high enough to enter postsecondary occupational programs; or
- Employability and career development content, if the major focus of the program is on academic remediation and occupational skills preparation.
- Occupational Bridge Programs must comply with requirements in the Bridge Programs and Career Pathways section of the policy manual.
- Other Forms of Training-Related Services Not Otherwise Detailed Above
For all other types of allowable training-related services not mentioned above, the local workforce innovation board or staff should request clarification from the Illinois Workforce Innovation Board prior to incurring the cost to ensure the training service is allowable and to determine if the costs for services can be calculable.
- This category addresses any new or innovative type of training-related service that directly prepares a participant for unsubsidized employment or which could be calculable as part of a combined strategy with another calculable training service.
- These may include other types of training services such as programs that combine workplace training and related instructions which may include cooperative education programs, training programs operated by the private sector, or skill upgrading and retraining.
- Allowable Training and Educational Services Provided in Conjunction with Occupational Skills or Work-Based Training Programs
Certain types of training or education services may benefit a participant in reaching their education and employment goals.
- While typically considered a career service, they may be calculable when provided in conjunction or combination with other allowable training program types listed above.
- They are not calculable if provided by local workforce innovation board or area staff.
- This type of service might include the following:
- English Language Acquisition and Integrated Education and Training Programs
- The term “adult education and literacy activities” means programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, integrated English literacy, and civics education, workforce preparation activities, or integrated education and training.
- Remedial Training/Pre-Vocational Services
- All payments made to a training institution or training provider for classroom instruction in academic remediation or short-term pre-vocational services which is normally classified as an intensive service.
- These services may be no more than six (6) months in duration, unless provided in conjunction with occupational training services.
- This also includes costs associated with basic literacy training, including but not limited to, adult basic education, high school equivalency education, and English as a second language.
- Job Readiness Training
- Job readiness training programs prepare participants to get, keep and excel at a new job and may include basic employability skills including:
- effective communication, problem solving, resume building, and interviewing; and
- programs that help participants develop good work habits that facilitate their ongoing success.
- Books, Materials, and Related Materials
These are costs paid to a training institution, training provider or individual participant for books, training materials, required uniforms and other workplace attire, tools or equipment required for training and training-related licenses, permits, or fees. This includes assistive devices for individuals with disabilities that are necessary to ensure the individuals can participate in, and/or complete training.
- Participant Support
These are supportive services paid to or on behalf of a participant enrolled in training or in the twelve (12)-month follow-up period after placement into unsubsidized employment, such as transportation, childcare, tutoring, and mentoring. Includes support services to participants who receive training from a source other than WIOA funds, e.g., Pell Grants. This category also includes needs-related payments to WIOA participants in training.
- Follow-up supportive services are not allowable if the adult/DW participant has been exited and/or is not receiving career or training services.
- Leveraged Training Resources
- An LWIB may apply leveraged resources spent on training services toward meeting a portion of their minimum training expenditure requirement.
- These leveraged training expenditures are allowable up to ten percent (10%) of their combined adult and dislocated worker formula fund allocation.
- Calculable expenditures under this section include:
- Rapid Response;
- EPIC (Employment Opportunities; Personalized Services; Individualized Training; Career Planning for Supplemental Nutrition Assistance Program (SNAP) recipients);
- Building Futures grants;
- U.S. Department of Labor National Emergency Grants or Dislocated Worker Grants; and
- Talent Pipeline grants.
- An LWIB providing Title I activities, such as eligibility and case management services, as part of an allowable leveraged grant for which another entity (partner/agency) is the grant recipient and covers the training activities outlined in Occupational Skills Training and Work-Based Learning sections of this policy, may apply those training costs as leveraged resources.
- Participants receiving training as part of the grant must be enrolled in WIOA.
- Staff costs related to eligibility and case management are not calculable.
- Beginning with the implementation of this policy on July 1, 2018, LWIBs may collect expenditure data associated with other sources of training funds.
- These expenditures will be analyzed and considered for inclusion as calculable leveraged training expenditures beginning on July 1, 2019. Examples include:
- Other public programs authorized by the WIOA (e.g., Job Corps, Migrant Seasonal Farm Worker, WIOA Title II Adult Education and Literacy, national and state WIOA discretionary grants, WIOA youth program, etc.);
- Federal Pell Grants established under Title IV of the Higher Education Act of 1965;
- MAP grants; and
- Match funds from employers, industry, and industry associations.
Eligible Training Providers
Chapter: 8
Section: 4.2
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 7/23/2018 3:30:36 PM
Version: 2
Status: Current
Tags: Training Expenditure,
Administration,
Fiscal
To encourage the recruitment and use of high-quality training providers and programs, all training providers must be WIOA-eligible under the existing state eligible training provider system. The only exception to this requirement is when the employer is functioning as the training provider, or when the employer is procuring the training provider.
Staff Costs
Chapter: 8
Section: 4.3
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 1:53:51 PM
Version: 3
Status: Current
Tags: Incentive Award,
Training Expenditure,
Fiscal Reporting and Accountability,
Administration,
Fiscal
- Staff costs are not allowable in the training expenditure calculation except under the following conditions:
- Costs included as part of tuition in an Individual Training Account (ITA) with a WIOA-eligible training provider.
- Costs that are included as part of a training contract other than an ITA (i.e., class-size training contract). For example, the Title I Administrator can contract with a community college to provide a package of training services to WIOA participants that includes assessment and case management.
- Costs incurred by staff directly associated with the establishment and monitoring of work-based training activities.
- Costs incurred by staff on behalf of WIOA participants enrolled in Bridge Training Programs when:
- Those activities conducted at the site of the training provider or location of the training program; and
- Staff are instructing participants, case managing participants, or observing a class.
- Staff costs by an eligible training provider on behalf of WIOA participants shall only be for assessment, career planning and job placement.
- Staff costs must be reasonable and necessary to the provision of training to these participants, and documented via timesheets or other appropriate cost allocation methods.
- Subcontracting the administration of a Title I program is not a training contract and thus these costs would not be calculable for inclusion in the training expenditure calculation.
- Beginning with the implementation of this policy on July 1, 2018, LWIBs may calculate staff costs directly related to developing, implementing, or coordinating authorized training programs (not services to individuals), including those described in the leveraged resources section of this policy.
- These expenditures will be considered during an assessment of Program year 2018 expenditures for inclusion as calculable leveraged training expenditures beginning on July 1, 2019.
- Staff costs not included in the fifty percent (50%) training expenditure calculation may still be an allowable WIOA activity.
Minimum Expenditure Level
Chapter: 8
Section: 4.4
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 2:01:55 PM
Version: 3
Status: Current
Tags: Incentive Award,
Training Expenditure,
Fiscal Reporting and Accountability,
Administration,
Fiscal
- The minimum expenditure level for the combined calculation of Adult and Dislocated Worker funding streams is fifty percent (50%).
- The calculation below determines whether the LWIB is meeting the minimum training expenditure annually:
Combined Training Program Expenditures Incurred of the Adult and Dislocated Worker Programs (as defined in the Allowable Costs Towards Training Expenditure section, including Leveraged Training Resources)
÷
Total Program Combined (Training and Non-Training) Expenditures Incurred of the Adult and Dislocated Worker Programs
=
Annual Training Program Expenditure Percentage
- Leveraged Training Resources are calculable in amounts that do not exceed ten percent (10%) of total Adult and Dislocated Worker formula funds.
Example Calculation for an LWIB with $600,000 in total Adult and Dislocated Worker formula funds:
Leveraged Training Exp
|
$ 70,000
|
Max Calculable (10%)
|
$ 60,000
|
Calculable Leveraged Funds
|
$ 60,000
|
- Annual total program expenditure percentages are based on Adult and Dislocated Worker Calculable Training Expenditures plus Calculable Leveraged Training Funds.
Example Calculation:
Funding Stream
|
LWIB Example Expenditures
|
Formula Direct Training*
|
$ 250,000
|
|
Calculable Leveraged Funds
|
$ 60,000
|
|
Total Calculable Training
|
$ 310,000
|
51.7%
|
Formula Total Expenditures
|
$ 600,000
|
100.0%
|
*Includes expenditures reported against prior year carry-in and current year expenditures
- The total training expenditures incurred and total expenditures incurred for the program year are regardless of the program year charged.
Technical Assistance for Meeting the Requirements for Training Expenditures
Chapter: 8
Section: 4.5
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 2:03:16 PM
Version: 3
Status: Current
Tags: Training Expenditure,
Administration,
Fiscal
- Technical assistance will occur for LWIBs that:
- Fail to meet the required expenditure level in any year;
- Wish to improve their ability to provide training services, including improvements in training provider selection for ITAs and use of non-ITA contracting mechanisms; or
- Need assistance on the use of non-ITA procurement methods, including quality control and management of class-size training contracts.
Incentives for Meeting the Required Expenditure Level
Chapter: 8
Section: 4.6
Effective Date: 7/1/2018
Expiration Date: Continuing
Revision Date: 8/18/2021 2:05:04 PM
Version: 3
Status: Current
Tags: Incentive Award,
Training Expenditure,
Fiscal Reporting and Accountability,
Administration,
Fiscal
- LWIBs that meet or exceed the fifty percent (50%) expenditure rate may be eligible to receive an incentive award based on:
- Number of Participants who completed a training program that was intended to lead to employment in a demand occupation; or
- Number of Participants who received employment in a high-demand occupation that resulted from the completion of a training program that was intended to lead to such employment in a demand occupation.
- The total incentive available for meeting the required expenditure level is part of the annual performance incentive award and distributed in accordance with the Incentives and Sanctions for Performance section of the policy manual, and subsequent changes.
Enforcement of the Required Expenditure Level
Chapter: 8
Section: 4.7
Effective Date: 5/28/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 2:07:11 PM
Version: 4
Status: Current
Tags: Training Expenditure,
Administration,
Fiscal
- Hold Harmless Clause: Any LWIB that fails to meet the minimum Expenditure level may be eligible to receive an earned performance incentive bonus for that Program Year, pending approval by the IWIB.
- Approval shall be based on a written explanation of conditions that led to the lower training expenditures.
- An LWIB shall follow the procedures outlined in the Request for Hold Harmless in Failure to Meet the Training Expenditure Level attachment if a request is being made to the IWIB to apply the Hold Harmless Clause. (See the Attachments tab.)
- Examples of such conditions might include:
- Unexpected large expenditures related to trade adjustment assistance events;
- Federal or State funding cuts; and
- Other unforeseen events that prevent the local board in meeting the minimum rate.
- LWIBs may be placed on “High-Risk” status for failure to meet the minimum expenditure level, even if granted performance incentive bonus eligibility in a given program year.
- Grantees or subgrantees placed on “High-Risk” status may be subject to the following special conditions or restrictions that may include:
- Requiring the establishment of an improvement plan designed to increase training expenditures;
- Payment on a reimbursement basis;
- Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period;
- Requiring additional, more detailed financial reports;
- Additional project monitoring;
- Requiring the Grantee or subgrantee to obtain technical or management assistance; or
- Establishing additional prior approvals.
- An LWIB shall follow the procedures outlined in the Request for Hold Harmless in Failure to Meet the Training Expenditure Level attachment if a request is being made to the IWIB to waive the “High-Risk” status for failure to meet the minimum training level. (See the Attachments tab.)
Complaint and Grievance Procedures (Nondiscrimination)
Chapter: 8
Section: 5
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 7/8/2020 9:04:50 AM
Version: 2
Status: Current
Tags: Nondiscrimination,
Equal Employment Opportunity,
Administration,
Fiscal
This policy sets forth the procedures to be followed at the local and state levels regarding complaints and grievances that may occur during the administration of any Workforce Innovation and Opportunity Act (WIOA) funded and related activities. These procedures will outline the receipt, review, and resolution of the complaints and grievances. The policy also requires each Local Workforce Innovation Board (LWIB) to develop and maintain a procedure for complaints and grievances from participants and other interested parties as they pertain to WIOA Title IB services and benefits.
Complaint and Grievance Procedures General Requirements
Chapter: 8
Section: 5.1
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 2:08:56 PM
Version: 2
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
- There are two (2) types of issues covered by this policy.
- Complaints are those that are non-criminal complaints of violations of WIOA and WIOA-related regulations or policies.
- Grievances are those filed against an employer for violations of labor standards.
Please note, criminal complaints alleging fraud, waste, misconduct, or other illegal activity under WIOA must be reported immediately to the U.S. Department of Labor’s, Office of Inspector General as required by 20 CFR 683.620. These types of complaints or grievances are not covered by this policy.
Complaint and Grievance Procedures Definitions
Chapter: 8
Section: 5.2
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 2:10:36 PM
Version: 2
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
- The following definitions apply to this policy only.
- “Appellant” means the person or organization that requests a review from the State of Illinois, Office of Employment and Training (OET) of either a decision made by the Local Area Hearing Officer that is not satisfactory, or if the Local Area Hearing Officer fails to timely issue a decision on a Complaint or Grievance as described herein.
- “Complaint” means an allegation of a violation of WIOA or WIOA-related regulations or policies by another person, persons, or organization.
- “Complainant” means the person submitting the Complaint.
- “Days” means calendar days, not business days.
- “Grievant” means the person submitting a Grievance.
- “Grievance” means an allegation against an employer that receives WIOA Title IB funding for a violation of labor standards.
- “LWIA” or “Local Area” means Local Workforce Innovation Area.
- “LWIB” means Local Workforce Innovation Board.
- “Party” means either the Complainant, Grievant, Appellant or the Respondent. Collectively, the Complainant, Grievant, Appellant and Respondent(s) shall be referred to as the “Parties.”
- “Respondent” means the person(s) or organization(s) against whom a Complaint or Grievance or an appeal of a Complaint or Grievance decision has been filed.
Complaint and Grievance Procedures Local Workforce Innovation Area Requirements
Chapter: 8
Section: 5.3
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 2:11:37 PM
Version: 2
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
Each LWIB shall designate a Local Area Complaint/Grievance Officer to be responsible for handling all Complaints and Grievances at the local workforce development system level (Local Level) submitted by participants and other interested persons affected by, and who allege, violations of the requirements of WIOA Title IB, including the WIOA regulations and policies.
- Each LWIB should establish, publish, and maintain a procedure for resolving Complaints and Grievances that allege violations of the requirements of WIOA Title IB, including the WIOA regulations and policies. These procedures must be:
- Readily available to all interested parties, including applicants, participants, employees, one-stop partners, service providers, other interested parties, and members of the public.
- Made available in a timely manner when an individual expresses interest in filing a Complaint or Grievance or upon request by any other individual.
- Easily understood by all affected participants and other individuals, including youth and those who are limited-English speaking individuals. The procedures must comply with the language requirements of 29 CFR 37.35 regarding the provision of services and information in languages other than English.
Local Area Complaint/Grievance Filing Procedures
Chapter: 8
Section: 5.4
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 4:08:22 PM
Version: 2
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
At a minimum, the LWIB Complaint and Grievance procedures must include the following provisions:
- Local Level Complaints/Grievances
-
Complaints and Grievances must be filed within one hundred eighty (180) days of the alleged violations.
-
All individuals filing Complaints and Grievances shall be free from restraint, coercion, retaliation, and discrimination.
-
The Complainant and Grievant must file the Complaint or Grievance in writing to the Local Area Complaint/Grievance Officer.
-
The Complaint or Grievance must include the following information:
-
Name, address, and telephone number of the Complainant/Grievant;
-
Name, address, and telephone number of the person(s) and/or organization(s) that the Complaint/Grievance is against (the Respondent(s));
-
A clear and concise statement of allegation(s) and facts of the case;
-
The date of the alleged occurrence(s);
-
The provisions of the Workforce Innovation and Opportunity Act, or the WIOA regulations, or policies believed to have been violated;
-
The resolution being sought; and
-
The signature of the Complainant/Grievant or his or her legal guardian/representative, if applicable.
-
Upon receipt of a Complaint or Grievance, the Local Area Complaint/Grievance Officer or designee, shall acknowledge receipt of the Grievance or Complaint, if possible, by certified mail, return receipt requested. This must be done within ten (10) days of receipt of the Complaint or Grievance. If sending an acknowledgement via certified mail is not reasonable or possible, it may be sent by email or regular U.S. Mail. This acknowledgement shall be sent to the Complainant/Grievant and the Respondent(s) and shall:
-
Attach a copy of the Complaint/Grievance filed;
-
Outline the steps to be taken to resolve the matter;
-
Advise the Parties to attempt to reach an informal resolution;
-
Notify all Parties of the right to request a hearing if an informal resolution cannot be met; and
-
Provide a summary of the issues to be decided.
-
If a Complainant or Grievant seeks to amend or withdraw a Complaint/Grievance, the Complainant or Grievant must make a request to the Local Area Complaint/Grievance Officer in writing.
-
Complaints or Grievances may be resolved through an informal resolution or a hearing process.
-
An opportunity for an informal resolution and a hearing shall be completed within sixty (60) days of the filing of the Complaint or Grievance.
-
If a Party is dissatisfied with the local area hearing decision or no decision is made within sixty (60) days of filing a Complaint or Grievance, a Party may file an appeal to the state.
-
If a Grievant alleges a violation of labor standards, that individual may submit the Grievance to a binding arbitration procedure, if there is a collective bargaining agreement that covers the parties to the Grievance, which so provides.
-
Local Level Informal Resolution and Hearing Process
-
Informal Resolution
-
When a Complaint or Grievance has been resolved through an informal resolution process, the Complainant or Grievant and the Respondent(s) shall enter into a formal written resolution agreement.
-
If the Complainant and Respondent choose to resolve the Complaint or Grievance through an informal resolution, they must make good faith efforts to do so prior to the scheduled hearing date and within sixty (60) days of the filing of the Complaint or Grievance.
-
Parties are encouraged to resolve matters informally; however, failure to informally resolve a matter does not warrant dismissal of the Complaint or Grievance, nor should it be taken into consideration as part of the facts to be judged during the resolution process.
-
Hearing
-
Requests for a hearing shall be made by the Complainant or Grievant to the Local Area Complaint/Grievance Officer as soon as possible after the Complaint or Grievance is filed, but in no event later than thirty (30) days after the filing of a Complaint or Grievance.
-
The Local Area Complaint/Grievance Officer shall appoint a Local Area Hearing Officer to conduct the hearings on Complaints or Grievances.
-
The Local Area Hearing Officer shall be an individual who has qualifications necessary to conduct the proceedings and shall be impartial.
-
Any Party may make a request for a change in the Local Area Hearing Officer within five (5) days of receiving notification of the hearing schedule and the designation of the Local Area Hearing Officer.
-
Only one (1) request for designation of an alternate Local Area Hearing Officer may be made by any Party for each Complaint or Grievance filed.
-
Written hearing notices shall be sent by the Local Area Hearing Officer to the Complainant or Grievant and Respondent(s), at least fifteen (15) days prior to the scheduled hearing date to allow for proper preparation of the case. The notice will include the date, time and place of the hearing.
-
The Local Area Hearing Officer shall conduct the hearing in an informal manner. Technical rules of evidence do not apply.
-
If circumstances allow, the Local Area Hearing Officer may conduct the hearing via telephonic or electronic means.
-
The Parties shall be allowed the opportunity to present evidence, cross-examine witnesses, and be represented by legal counsel.
-
The Party requesting the hearing shall have the burden of establishing the facts and the entitlement to relief requested.
-
The Respondent(s) shall cooperate by making available any information and releasing any documentation requested by the Complainant or Grievant after the Local Area Hearing Officer deems it appropriate and relevant to the Complaint or Grievance.
-
The Respondent(s) shall also make available any person under their control or employ to testify, if these persons are requested to testify by the Complainant or Grievant and the Local Area Hearing Officer deems the testimony to be elicited from such persons appropriate and relevant to the Complaint or Grievance.
-
Hearings will only cover those issues listed in the written Complaint or Grievance. If a Complainant or Grievant files more than one (1) Complaint or Grievance against the same Respondent(s) at or near the same time, the Local Area Hearing Officer may combine the issues from the Complaints or Grievances into a single hearing for purposes of administrative efficiency and after providing notice to the Parties.
-
Complete records shall be kept of the hearing via audio recording, a court reporter, or by other means of recording as needed.
-
The Local Area Hearing Officer or designee will make a written decision and it shall be sent to the Parties, if possible, by certified mail, with return receipt requested within sixty (60) days of the filing of the Complaint or Grievance. If sending a decision via certified mail is not reasonable or possible, the decision may be sent by email or regular U.S. Mail.
-
The Local Area Hearing Officer’s decision shall contain the following:
-
The names of the Parties involved;
-
A statement of the allegations;
-
A statement of the facts presented during the hearing;
-
The issue(s) being decided;
-
The decision and the reasons for the decision;
-
A statement of corrective actions or remedies, if appropriate;
-
A statement assuring that all steps included in these Complaint and Grievance Procedures have been adhered to; and
-
Notice that either Party has the right to appeal to the State the decision by the Local Area Hearing Officer within ten (10) days of receipt of the decision.
-
A copy of all decisions will be concurrently sent to the Office of Employment and Training (OET) staff listed on the Contacts tab.
-
Remedies that may be imposed for violations of any requirement of WIOA Title I, its regulations and policies shall be limited to:
-
Suspension or termination of payments under WIOA Title I;
-
Prohibition of placement of a participant with an employer that has violated any requirement under WIOA Title I;
-
Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of relevant terms, conditions, and privileges of employment; and
-
Where appropriate, other equitable relief.
Complaint and Grievance Procedures State Requirements
Chapter: 8
Section: 5.5
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 3:00:12 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
The OET staff listed on the Contacts tab shall be responsible for receiving and administering: (a) all Complaints and Grievances filed by participants and other interested persons affected by the statewide WIOA Title IB programs, and who allege violations of WIOA Title IB, or the WIOA Title IB regulations or policies at the State workforce development system level (State Level) and (b) appeals of local level Complaints/Grievances.
- Through this policy, the State establishes, publishes, and maintains the procedures for resolving Complaints and Grievances that allege violations of WIOA Title IB, or the WIOA Title IB regulations or policies at the State workforce development system level. These procedures are:
- Readily available to all interested parties, including applicants, participants, employees, one-stop partners, service providers, and members of the public.
- Made available in a timely manner when an individual expresses interest in filing a Complaint or Grievance or upon request by any other individual.
- Drafted to be easily understood by all affected participants and other individuals, including youth and those who are limited-English speaking individuals.
State Complaint/Grievance/Appeal Filing Procedures
Chapter: 8
Section: 5.6
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 3:51:02 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
- State Level Complaints and Grievances
- Initial Complaints and Grievances filed with the state must relate to issues at the statewide workforce development system level. If an individual files a Complaint or Grievance at the state level that is more appropriately handled at the local level, OET will forward the Complaint/Grievance to the appropriate Local Area Complaint/Grievance Officer, who will then administer the Complaint/Grievance.
- Complaints and Grievances must be filed within one hundred eighty (180) days of the alleged violations.
- All individuals filing Complaints or Grievances shall be free from restraint, coercion, retaliation, and discrimination.
- The Complainant or Grievant must file the Complaint or Grievance in writing to the OET staff listed on the Contacts tab.
- The Complaint or Grievance must include the following information:
- Name, address, email address and telephone number of the Complainant/Grievant;
- Name, address, email address and telephone number of the person(s) and/or organization(s) that the Complaint/Grievance is against (the Respondent(s);
- A clear and concise statement of allegation(s) and facts of the case;
- The date(s) of the alleged occurrence(s);
- The provisions of the Workforce Innovation and Opportunity Act, or the WIOA regulations, or policies believed to have been violated;
- The resolution being sought; and
- The signature of the Complainant/Grievant or his or her legal guardian/representative, if applicable.
- Upon receipt of a Complaint or Grievance, the OET staff listed on the Contacts tab or his or her designee, shall acknowledge receipt of the Complaint or Grievance, if possible, by certified mail, return receipt requested. If sending an acknowledgement via certified mail is not reasonable or possible, the acknowledgement may be sent by email or regular U.S. Mail. This must be done within ten (10) days of receipt of the Complaint or Grievance. The acknowledgement shall be sent to the Complainant/Grievant and the Respondent(s) and shall:
- Notify the Complainant/Grievant if the allegation(s) are more appropriate for handling at the local level and that OET staff will forward the Complaint/Grievance to the appropriate Local Area Complaint/Grievance Officer;
- Outline the steps to be taken to resolve the matter;
- Advise the Parties to attempt to reach an informal resolution;
- Notify all Parties of the right to request a hearing within thirty (30) days of the date the Grievance/Complaint was filed if an informal resolution cannot be met; and
- Provide a summary of the issues to be decided.
- If a Complainant or Grievant seeks to amend or withdraw a Complaint/Grievance, the Complainant or Grievant must make a request to the designated OET staff in writing.
- An opportunity for an informal resolution and a hearing shall be completed within sixty (60) days of the filing of the Complaint or Grievance.
- If a Party is dissatisfied with the State hearing decision or no decision is made within sixty (60) days, the Party may file an appeal to the U.S. Secretary of Labor.
- If a Grievant alleges a violation of labor standards, that individual may submit the Grievance to a binding arbitration procedure, if there is a collective bargaining agreement that covers the parties to the Grievance, which so provides.
- Complaints or Grievances may be resolved through an Informal Resolution or Hearing Process which is outlined in the State Level Informal Resolution and Hearing Process section of this policy.
- State Level Appeals of Local Level Complaints/Grievances
- If a Party does not receive a satisfactory decision at the local level, or the local level decision is not made within sixty (60) days of the filing of the Complaint/Grievance at the local level, a Party may appeal to the state.
- The request for State review must be made within ten (10) days of notification of the local level decision, or ten (10) days from the date a decision was due (i.e., sixty (60) days from filing the Complaint/Grievance) but not issued, and shall be made in writing to the OET staff listed on the Contacts tab.
- Appeal requests of local level decisions to the state level shall include:
- Name, address, email address, and telephone number of the Appellant;
- Name, address, email address, and telephone number of the Respondent(s);
- A clear and concise statement of allegation(s) and facts of the case;
- The date(s) of the alleged occurrence(s);
- The provisions of the Workforce Innovation and Opportunity Act, or the WIOA regulations, or policies believed to have been violated;
- The resolution being sought;
- Specific information supporting the grounds upon which the appeal is sought, a copy of the original written Complaint/Grievance, a transcript of the local level hearing proceedings (if available), all exhibits/evidence introduced by the Parties at the local level learing and a copy of the Local Area Hearing Officer’s written decision, if applicable; and
- The signature of the Appellant or his or her legal guardian/representative, if applicable.
- State Level Review of Appeal
- The State may take any of the following actions regarding an appeal request:
- Reject the Appeal: An appeal request may be rejected, and a final determination issued, for any of the following reasons:
- The Appellant failed to comply with the applicable procedures prescribed in this policy (e.g., the ten (10)-day filing requirement);
- The time for appeal is not yet ripe (i.e., the local level process has not been completed);
- The request for appeal does not state an appealable issue; or
- There is no relief that can be granted.
- Resolution: The Parties may decide to resolve the appeal informally. See State Level Informal Resolution and Hearing Process section below for procedures.
- Decision on the Papers: The Parties may waive the right to a hearing and seek a decision from the State based on the papers submitted related to the Appeal.
- Hearing: An opportunity for a hearing must be provided to the Parties for an appeal of a local level decision unless the appeal is rejected by the State, the Parties agree to waive a hearing, the Parties decide to resolve the matter informally or the Appellant withdraws the appeal. See State Level Informal Resolution and Hearing Process section below for procedures.
- Remand the Matter to the Local Level: If the appeal to the State is based on the local level not issuing a decision within sixty (60) days of filing a Complaint or Grievance, and proceedings have occurred at the local level or the matter is more appropriately handled at the local level due to the nature of the issues, the state may remand the appeal to the local level with instructions to complete the proceedings as expeditiously as possible.
- After the OET staff listed on the Contacts tab or their designee receives a request for an appeal the OET staff will:
- Send a notification to the Appellant and Respondent(s), if possible, by certified mail, return receipt requested, within ten (10) days after receiving the request for appeal. If sending a notification via certified mail is not reasonable or possible, the notification may be sent by email or regular U.S. Mail. The notification shall include the following information:
- The date of the request for appeal, name of the Appellant, and name of the party or parties designated as Respondents;
- Advise the Parties that they may resolve the appeal by requesting a hearing (within thirty (30) days of the appeal filing date), seeking an informal resolution, or instead, waiving the opportunity for a hearing and requesting a decision based on the papers related to the Appeal that will be submitted to the state;
- Advise the Parties to attempt to resolve the matter informally;
- A statement of the allegations that accurately reflect the original content of the request for appeal submitted by the Appellant;
- Advise the Respondent(s) that he or she will have ten (10) days to file an optional written response to the appeal request;
- Notify the Parties that a hearing must be requested no later than thirty (30) days after the date the request for appeal was filed; and
- The name, address, and telephone number of the contact person issuing the notice.
- If an informal resolution is requested, follow the informal resolution procedures set forth herein.
- If a hearing or informal resolution are not requested, conduct a State review to determine whether: (1) the local level hearing was conducted in accordance with the local level hearing procedures and (2) the actions complained of violated any WIOA statute, regulations or policies. OET staff will make a final written determination within sixty (60) days of receipt of the appeal.
- An opportunity for an informal resolution and a hearing shall be completed within sixty (60) days of the filing of the appeal request.
- If the Party appealing the local level matter seeks to amend or withdraw his or her appeal, that Party must make a request to the designated OET staff in writing.
- State Level Informal Resolution and Hearing Process (for initial State Level Complaints/ Grievances and Appeals)
- Informal Resolution
- An opportunity for an informal resolution shall be completed as expeditiously as possible so that a hearing and decision issued, if necessary, may be completed within sixty (60) days of the filing of the Complaint, Grievance or appeal request.
- When a Complaint, Grievance, or appeal has been resolved through an informal resolution process, the Complainant/Grievant or Appellant and the Respondent(s) shall enter into a formal written resolution agreement.
- If the Parties choose to resolve the Complaint, Grievance, or appeal through an informal resolution, they must make good faith efforts to do so prior to the scheduled hearing date and within sixty (60) days of the filing of the Complaint, Grievance or appeal.
- Parties are encouraged to resolve matters informally; however, failure to informally resolve a matter does not warrant dismissal of the Complaint, Grievance, or appeal, nor should it be taken into consideration as part of the facts to be judged during the resolution process.
- Hearing Process
- Requests for a hearing shall be made by the Complainant, Grievant or Appellant to the OET staff listed on the Contacts tab as soon as possible after the Complaint, Grievance or appeal request is filed, but in no event later than thirty (30) days after filing a Complaint, Grievance or appeal request.
- The OET staff listed on the Contacts tab shall notify the Legal Office of the Department of Commerce and Economic Opportunity (DCEO) to assign a state Hearing Officer (State Hearing Officer) to conduct the hearing on a Complaint, Grievance, or appeal.
- The State Hearing Officer shall be an individual who has qualifications necessary to conduct the proceedings and shall be impartial.
- Any Party may make a request for a change in State Hearing Officer within five (5) days of received notification of the hearing schedule and the designation of the State Hearing Officer.
- Only one request for designation of an alternate state Hearing Officer may be made by any Party for each Complaint, Grievance, or Appeal.
- Written hearing notices shall be sent from the State Hearing Officer to the Parties at least fifteen (15) days prior to the scheduled hearing date to allow for proper preparation of the case. The notice will include the date, time, and place of the hearing.
- Complete records shall be kept of the hearing via audio recording, a court reporter, or by other means of recording as needed.
- Hearing Procedures Specific to Complaints/Grievances Initially Filed at the State Level:
- If circumstances allow, the State Hearing Officer may conduct the hearing via telephonic or electronic means.
- The State Hearing Officer shall conduct the hearing in an informal manner. Technical rules of evidence do not apply.
- All Parties shall be allowed the opportunity to present evidence, cross-examine witnesses, and be represented by legal counsel.
- The Party requesting the hearing shall have the burden of establishing the facts and the entitlement to relief requested.
- The Respondent(s) shall cooperate by making available any information and to release any documentation requested in advance of a hearing by the Complainant/Grievant after the State Hearing Officer deems it appropriate and relevant to the Complaint or Grievance.
- The Respondent(s) shall also make available any person under their control or employ to testify, if these persons are requested to testify by the Complainant or Grievant in advance of a hearing and the State Hearing Officer deems the testimony to be elicited from such persons appropriate and relevant to the Complaint or Grievance.
- Hearings will only cover those issues listed in the written Complaint or Grievance. If a Complainant or Grievant files more than one (1) Complaint or Grievance against the same Respondent(s) at or near the same time, the State Hearing Officer may combine the issues from the Complaints or Grievances into a single hearing for purposes of administrative efficiency and after providing notice to the Parties.
- Hearing Procedures Specific to Appeals:
- If circumstances allow, the State Hearing Officer may conduct the hearing via telephonic or electronic means.
- The State Hearing Officer shall conduct the hearing in an informal manner.
- All Parties shall be allowed the opportunity to present oral arguments on the facts and issues presented at the local level and may choose to be represented by legal counsel.
- The Parties shall not be permitted to submit new evidence or new documents on appeal from local level matters, and the State Hearing Officer’s review and decision shall be based solely on the written record from the local level, the appeal request, any response filed by the Respondent(s) and the oral arguments made by the Parties.
- The Appellant shall have the burden of establishing the entitlement to the relief requested.
- Hearings will only cover those issues appealed from the local level and specified in the Appellant’s appeal request.
- Decisions Issued After a Hearing by the State Hearing Officer or After State Review of an Apppeal
- The State Hearing Officer (for hearings) or the OET State Staff (if a hearing is waived on appeal), as applicable, will make a written decision and it shall be sent, if possible, by certified mail, with return receipt requested, within sixty (60) days of the filing of the Complaint, Grievance, or appeal request. If sending a decision via certified mail is not reasonable or possible, the decision may be sent by email or regular U.S. Mail.
- The State Hearing Officer (for hearings) or the OET State Staff (if a hearing is waived on appeal), as applicable, will determine whether: (1) the local level hearing was conducted in accordance with the local level hearing procedures, if applicable, and (2) the actions complained of violated any WIOA statute, regulations or policies.
- The State Hearing Officer or OET State Staff’s decision, as applicable, shall contain the following:
- The names of the Parties involved;
- A statement of the alleged violations;
- A statement of the facts presented during the hearing or in the appeal request and response if the hearing was waived;
- The issue(s) being decided;
- The decision and the reasons for the decision;
- A statement of corrective actions or remedies, if appropriate;
- A statement assuring that all steps included in the state level procedures have been adhered to; and
- Notice that any Party has the right to appeal the decision by the State Hearing Officer or OET State Staff to the U.S. Secretary of Labor.
- A copy of all decisions by the State Hearing Officer will be concurrently sent to the OET staff listed on the Contacts tab.
- Remedies that may be imposed for violations of any requirement of WIOA, its regulations and policies shall be limited to:
- Suspension or termination of payments under WIOA Title I;
- Prohibition of placement of a participant with an employer that has violated any requirement under WIOA Title I;
- Where applicable, reinstatement of an employee, payment of lost wages and benefits, and reestablishment of relevant terms, conditions, and privileges of employment; and
- Where appropriate, other equitable relief.
Complaint and Grievance Procedures Federal Level Appeal
Chapter: 8
Section: 5.7
Effective Date: 7/8/2020
Expiration Date: Continuing
Revision Date: 8/18/2021 3:56:01 PM
Version: 1
Status: Current
Tags: Grants,
Nondiscrimination,
Equal Employment Opportunity
- Under 20 CFR 683.610(a), if the state has not issued a decision within the required sixty (60)-day time limit, the Complainant/Grievant or Appellant can file an appeal to the U.S. Secretary of Labor (the Secretary). An appeal to the Secretary under this circumstance must be made within one hundred twenty (120) days of the filing of the Complaint or Grievance with the state or the filing of the appeal with the state of a local level Complaint or Grievance. An appeal can also be made if the state renders an adverse decision against a Party. That Party must file an appeal to the Secretary within sixty (60) days of receipt of the adverse decision.
- All appeals must be sent by certified mail, return receipt requested, to the following address:
Secretary of Labor
U.S. Department of Labor
200 Constitution Avenue, NW
Washington, DC 20210
Attention: ASET
- Copies of the appeal must be simultaneously provided to the opposing party, the OET State Staff and to the Employment and Training Administration Regional Administrator as follows:
Illinois Department of Commerce and Economic Opportunity
Office of Employment and Training
500 East Monroe Street, 9th Floor
Springfield, IL 62701
Regional Administrator – Region 5
U.S. Department of Labor/ETA
230 South Dearborn Street, 6th floor
Chicago, IL 60604
Technology (Pending)
Chapter: 8
Section: 6
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/18/2016 2:17:11 PM
Version: 1
Status: Current
Tags: Administration,
Fiscal
Policy to be determined.
MIS Policy (Pending)
Chapter: 8
Section: 6.1
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/14/2016 1:43:44 PM
Version: 1
Status: Current
Tags: MIS,
Administration,
Fiscal
Policy to be determined.
High Speed Internet (Pending)
Chapter: 8
Section: 6.2
Effective Date: 7/15/2016
Expiration Date: Continuing
Revision Date: 11/14/2016 1:44:14 PM
Version: 1
Status: Current
Tags: Administration,
Fiscal
Policy to be determined.
Assistance Listing Subaccounts
Chapter: 8
Section: 7
Effective Date: 7/2/2018
Expiration Date: Continuing
Revision Date: 8/20/2024 11:33:45 AM
Version: 4
Status: Current
Tags: Coding,
Fiscal Reporting and Accountability,
Administration,
Fiscal
The Assistance Listing (formally Catalog of Federal Domestic Assistance (CFDA) numbers) is a compilation of program descriptions of all federal financial assistance programs available in print form and in electronic format via the Internet at System for Award Management (SAM). (See the References tab.) The primary purpose of the Assistance Listing is to provide users with general information on federal financial assistance programs. In addition, the Assistance Listing's coding structure is widely used to assist in identifying and coordinating financial assistance-related activities. One such use of the coding structure is the requirement under the Uniform Guidance, that grantees develop schedules of grant funds received and expended. Auditors then use these schedules to identify programs and activities to audit. The report of audit findings must also be organized according to the Assistance Listing coding structure.
Assistance Listing Numbering
Chapter: 8
Section: 7.1
Effective Date: 10/19/2009
Expiration Date: Continuing
Revision Date: 6/16/2022 8:55:33 AM
Version: 2
Status: Current
Tags: Coding,
Fiscal Reporting and Accountability,
Administration,
Fiscal
The Assistance Listing subaccount codes apply to ETA and Department awards of WIOA Title I, and all other associated program funds for the periods indicated.
All LWIAs, grantees, and subgrantees should utilize the codes provided for all purposes where the use of an Assistance Listing subaccount code is required. The listing of all subaccount codes will be provided in a WIOA Notice published as information is updated.
Assistance Listing Allocation Percentages
Chapter: 8
Section: 7.2
Effective Date: 10/19/2009
Expiration Date: Continuing
Revision Date: 6/16/2022 8:57:49 AM
Version: 2
Status: Current
Tags: Coding,
Fiscal Reporting and Accountability,
Administration,
Fiscal
- Statewide activity grant revenues and expenditures can be allocated to the three (3) funding streams based upon their given percentages. The percentages can be found in a WIOA Notice that will provide annual coding.
- Local administrative expenditures can be allocated to the three (3) funding streams based upon that funding stream’s percentage of the total administration budget.
- This does not change how the expenditures are currently being reported to OET.
Assistance Listing – Department Accounting and Reporting System
Chapter: 8
Section: 7.3
Effective Date: 7/2/2018
Expiration Date: Continuing
Revision Date: 6/16/2022 9:02:01 AM
Version: 3
Status: Current
Tags: Coding,
Fiscal Reporting and Accountability,
Administration,
Fiscal
- Each program year, OET will furnish grantees with the percentages for each funding stream to allocate expenditures to each funding stream for statewide activity grants.
- Grantees can allocate program income in the same format as above, and/or direct charge the funding stream which earned the program income.
- Interest income must always be allocated to the three (3) funding streams utilizing Screen 371 within the Department's accounting system.
- The base to use for this allocation for your formula grants is the percentage of each funding stream share as compared to the total formula allocation.
- Screen 371 for each subgrant number is now comprised of three (3) subgrant IDs.
- These subgrant IDs consist of one (1) alpha character - A for Adult, D for Dislocated Worker, and Y for Youth.
- Grantees will have to input the grant number and then tab over to the new subgrant ID field and put in one (1) of the above characters.
Pre-Award Survey for Relocating Establishments
Chapter: 8
Section: 8
Effective Date: 7/15/2015
Expiration Date: Continuing
Revision Date: 8/19/2021 4:14:57 PM
Version: 1
Status: Current
Tags: Administration,
Fiscal
- 20 CFR Sec. 683.260 restricts the use or proposed use of WIOA funds to be used for:
- The encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location; and
- Customized training, skill training, or on-the-job training or company specific assessments of job applicants or employees of a business or a part of a business that has relocated from any location in the United States, until the company has operated at that location for one hundred twenty (120) days, if the relocation has resulted in any employee losing his or her jobs at the original location.
- To verify that an establishment which is new or expanding is not, in fact, relocating employment from another area, the attached standardized pre-award review criteria developed by the state must be completed and documented jointly by the local area with the establishment as a prerequisite to WIOA assistance. The criteria may be customized for local use as long as all the required elements are included.
Rapid Response
Chapter: 9
Section: Effective Date: 1/8/2020
Expiration Date: Continuing
Revision Date: 4/28/2021 2:47:10 PM
Version: 2
Status: Current
Tags: Rapid Response
PurposeThe U.S. Department of Labor requires the coordination of the workforce, education, and economic development systems through a mandated Rapid Response process. Rapid Response is “a federal service strategy which coordinates services with an employer and employee representative(s) to maximize efforts and avert a planned layoff and/or minimize disruption for individuals and communities in dislocation events.” Responding quickly to recent or imminent layoffs with quality services is key to helping dislocated workers find re-employment and supporting employers and communities as they manage the consequences of job loss.
This policy describes the basic structure of Rapid Response in Illinois. The State of Illinois’ Rapid Response Procedures Manual attachment (see the Attachments tab) provides additional detail and describes the process to be followed. This manual shall be updated regularly by Office of Employment and Training (OET) staff and contains the monitoring, fiscal, performance, and other regulatory requirements; full list of governing legislation and policy letters; and available resources associated with Rapid Response administration.
Rapid Response
Chapter: 9
Section: 1
Effective Date: 5/19/2017
Expiration Date: Continuing
Revision Date: 4/29/2021 3:26:03 PM
Version: 3
Status: Current
Tags: Dislocated Worker,
Rapid Response,
TAA,
IEBS
Rapid Response has been required by and financed under federal workforce legislation since 1988 to ensure that every worker affected by a layoff is given the best opportunity to return to work as soon as possible, and that employers are able to access the skilled workers or other solutions they need. State workforce agencies are responsible for administering Rapid Response and State staff directly provides services, although funds may be provided to Local Workforce Innovation Areas (LWIAs) to serve dislocated workers.
Initiating Rapid Response
Chapter: 9
Section: 1.1
Effective Date: 5/19/2017
Expiration Date: Continuing
Revision Date: 5/20/2021 1:50:59 PM
Version: 1
Status: Current
Tags: Dislocated Worker,
Rapid Response,
TAA,
IEBS
All layoffs, regardless of the number of workers affected, require Rapid Response be initiated in accordance with the following:
- If fewer than twenty-five (25) jobs are involved, the response shall be coordinated by the affected local workforce innovation area(s).
- If twenty-five (25) or more jobs are involved, the State shall coordinate the response.
- Specific instances requiring a Rapid Response include the following:
- Announcement or notification of a permanent closure of a business or organization, regardless of the number of workers affected.
- Announcement or notification of a mass layoff, which in Illinois is defined as at least thirty-three percent (33%) of the workforce or at least two hundred fifty (250) workers.
- A mass job dislocation resulting from a disaster as defined by State or local emergency management policies, that meets the State’s definition for mass layoff or causing twenty-five (25) or more workers to become dislocated.
- The filing of a Trade Adjustment Assistance petition.
Rapid Response Teams
Chapter: 9
Section: 1.2
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 5/26/2021 11:06:30 AM
Version: 2
Status: Current
Tags: Dislocated Worker,
Rapid Response,
TAA,
IEBS
Rapid Response efforts must be tailored to the unique circumstances of each layoff.
- At a minimum, the following entities must be represented on every Rapid Response team:
- Illinois Department of Commerce and Economic Opportunity, Office of Employment and Training (OET). In state-level events, an OET Workforce Development Specialist shall schedule, coordinate, and facilitate the initial meeting and Rapid Response outreach meetings; ensure that a Plan for Services has been approved; and document Rapid Response efforts in the Illinois Employment Business System (IEBS, including designating state-level dislocation events as inactive in IEBS.
- Local Workforce Innovation Area (LWIA). ). In local-level events, the LWIA shall schedule, coordinate, and facilitate the initial meeting and Rapid Response outreach meetings; coordinate the development of the Plan for Services; document Rapid Response efforts in IEBS, including designating state-level dislocation events as inactive in IEBS; and conduct preliminary assessments of the affected workers to determine their eligibility for services and their specific needs for locally available services.
- Illinois Department of Employment Security (IDES). In either a state-level or local-level event, an IDES staff person shall present an overview of the services available locally through IDES at outreach meetings. Trade Act Program services such as Trade Readjustment Assistance (TRA) and Alternative Trade Adjustment Assistance (ATAA)/Reemployment Trade Adjustment Assistance (RTAA) shall be discussed when applicable.
- Employee or union representative(s). A representative of the affected employees and/or unions provides support for various strategies to maximize employee involvement in Rapid Response outreach.
- Other entities that may be involved in Rapid Response include the following:
- Illinois Department of Commerce and Economic Opportunity, Regional Economic Development (RED) Team. RED Team staff may have relevant and timely economic development and workforce development information to aid in understanding local circumstances and opportunities. They may also assist in providing access to decision-makers within the affected companies.
- Illinois Emergency Management Agency (IEMA). In the event of a natural or manmade disaster that causes job loss, an IEMA representative may be invited to join the Rapid Response team.
- Illinois Department of Labor. Is responsible for investigating Worker Adjustment and Retraining Notification (WARN) Act complaints.
- Other Community Partners. Other organizations, agencies or entities with experience in working with populations similar to those affected by the layoff may be invited to lend their expertise and resources.
Rapid Response Services
Chapter: 9
Section: 1.3
Effective Date: 5/19/2017
Expiration Date: Continuing
Revision Date: 4/29/2021 3:30:52 PM
Version: 1
Status: Current
Tags: Dislocated Worker,
Rapid Response,
TAA,
IEBS
Five (5) state-supported Rapid Response services must be made available as appropriate:
- Establishing on-site contact with employers and employee representatives;
- Providing information on and access to available employment and training activities;
- Helping establish a labor-management committee of volunteer members to assess the employment and training needs of dislocated workers and obtain services to meet those needs;
- Providing emergency assistance adapted to the specific closure, layoff, or disaster; and
- Providing assistance to the local community in developing a coordinated response and accessing State economic development assistance.
Supporting Business through Rapid Response
Chapter: 9
Section: 1.4
Effective Date: 5/19/2017
Expiration Date: Continuing
Revision Date: 4/29/2021 3:31:43 PM
Version: 1
Status: Current
Tags: Dislocated Worker,
Rapid Response,
TAA,
IEBS
Rapid Response supports businesses in two (2) major ways.
- First, it helps meet existing and future talent needs of growing companies by offering incumbent worker training programs to help upgrade workers' skills.
- Second, in the case of layoffs and plant closings, the Rapid Response team can quickly coordinate services and provide immediate aid to companies and their workers. Rapid Response can provide customized services on-site at affected companies, accommodate any work schedules, and assist company leadership and workers through the difficult transitions associated with job loss.
Primary Steps in Rapid Response
Chapter: 9
Section: 1.5
Effective Date: 1/8/2020
Expiration Date: Continuing
Revision Date: 4/29/2021 3:32:43 PM
Version: 2
Status: Current
Tags: Rapid Response,
IEBS
The state- or local-level coordinator shall be responsible for ensuring the five (5) primary steps in Rapid Response are taken for each dislocation event. These are summarized below and the mandatory process is described in detail in the Rapid Response Procedures Manual attachment. (See the Attachments tab.)
- Rapid Response is most often initiated by a “WARN notice,” a federal requirement of employers who are planning layoffs, or through the filing of a petition under the Trade Adjustment Assistance (TAA) Program, which helps workers whose employment is affected as a result of foreign trade.
- Both State and local workforce staff must be informed of the event and, depending on the size of the impending layoffs, a team at the appropriate level is mobilized.
- If circumstances permit, Rapid Response team members should share background information and agree on a response plan and point person to lead the teams.
- The WARN Act requires that Initial contact be made within forty-eight (48) hours.
- The team schedules an initial meeting with the employer and union or employee representative(s) to understand the circumstances of the layoffs and discuss available resources.
- An important goal of the initial meeting is to schedule dates for outreach meeting(s) to inform workers of resources available to assist them in re-employment.
- As soon as practical after the meeting with the employer, an outreach meeting is scheduled with the dislocated workers so they may be informed of all available resources available to help them with re-employment.
- This meeting should occur at the employment site or a nearby location during working hours or another time convenient to the employees to facilitate attendance and participation.
- The dislocated workers shall be asked to complete a short survey to provide information about their current work, employment plans, and needed assistance.
- The final step of Rapid Response is to develop and implement an effective Plan for Services in consultation with the employer and employee/union representative.
- Information collected from the surveys will help guide the provision of career and training services and referral to other partners for additional services.
- Rapid Response team members, in consultation with the employer and employee/union representative, shall participate in developing a Plan for Services. At a minimum, the Plan for Services must include the following:
- The role of each Rapid Response team member;
- A matrix of the specific services that will be provided to workers and any special service arrangements;
- The timeline for services to be carried out;
- The funding sources to cover the cost of the dislocation event;
- Performance goals; and
- An outreach strategy for informing affected workers of the services available to them and conducting formal intake.
Dislocation Event Entry into the Illinois Employment Business System (IEBS)
Chapter: 9
Section: 2
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 4/29/2021 3:35:32 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
This policy is to be used in conjunction with the forthcoming Illinois Employment Business System (IEBS) Manual. The IEBS Manual will provide guidance on how dislocation events are to be entered into the system. Entering a dislocation event in IEBS is only one activity in addressing the needs of the impacted workers.
Although it is recognized that the circumstances of each closing, layoff or disaster may vary and present unique problems not anticipated or provided for in the procedures, recording and documenting events must be consistent and accurate. Therefore, the following policy is in place concerning the entry of dislocation events into IEBS.
Dislocation Event Notification
Chapter: 9
Section: 2.1
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 5/12/2021 2:34:14 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
- Notification of a dislocation event must be in writing and may occur via a WARN notice, the employer, or some other form of communication such as a Trade petition certification, newspaper article, or other methods.
- In instances where the LWIA learns of a dislocation through some other form of communication as identified above, the LWIA must:
- Contact the business within two (2) business days of learning of the event to verify that in fact a dislocation event has or will occur; and
- Inform the business of their obligations of the Federal and Illinois WARN as outlined below:
- If the event affects fifty (50) or more workers, the LWIA must inform the business of their obligations under the WARN Act; or
- If the event affects less than fifty (50) workers, but more than twenty-five (25) workers, the LWIA must inform the business of their obligations under Illinois WARN; or
- If the event affects less than twenty-five (25) workers, only verification that an event actually occurred is needed.
Regardless of how the initial notification is received the following information needs gathered and verified prior to the initial entry into IEBS. Information italicized in Section 3 below and the Completing Initial IEBS Entry section of this policy is required if the event meets a WARN definition and must be included in the WARN Notice.
- Verification of the Event
The following information must be verified and used to establish a IEBS event within forty-eight (48) hours of learning of a dislocation. This is the minimum information required to establish the event.
- Federal Employment Identification Number (FEIN);
- Unemployment Insurance Account Code (UIACCT);
- North American Industry Classification System (NAICS);
- Affected site address
- Company contact and phone number; and
- County, Region, and LWIA where the dislocation is occurring.
Initial IEBS Recording
Chapter: 9
Section: 2.2
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 5/20/2021 1:53:30 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
The size of the dislocation determines whether the initial IEBS entry occurs at OET or at the LWIA.
- For Dislocation Events (WARN or Trade WARN) affecting twenty-five (25) or more workers:
- LWIA's must not create IEBS Records for any events (Dislocation and Trade) affecting twenty-five (25) or more workers (all such events will be created by OET).
- If an LWIA is notified of an event affecting twenty-five (25) or more workers, they must contact OET within two (2) business days to ensure the notification has been received.
- The LWIA (along with the OET Workforce Development Specialist) will receive a copy of the processed WARN Notice and IEBS ID once the event is created.
- All dislocation events that affect twenty-five (25) or more workers that do not have a corresponding recent WARN letter must have a Information for IEBS Entry form (OET/IEBS Form # 001) completed and sent to OET for event set up.
- The LWIA must create all Dislocation Events (Local WARN) and Trade Certified Events (Local Trade) affecting less than twenty-five (25) workers.
- The LWIA must enter the event into IEBS within forty-eight (48) hours of learning of a dislocation.
- At a minimum, the LWIA must enter the information found in Section 3 of the Dislocation Event Notification section of this policy into IEBS. This information will then populate to the Illinois workNet Layoff Assistance webpage (see the References tab).
- The LWIA must complete and file a Information for IEBS Entry form (OET/IEBS Form # 001) for all dislocation events that affect less than twenty-five (25) workers that do not have a corresponding recent WARN.
- Existing/New IEBS Events
When entering an event in IEBS the user will access the Add Layoff screen of IEBS, and then use the Lookup Company search to generate an event leveraging Dun and Bradstreet Data.
If the user is unable to find the company in the IEBS Database they are advised to reach out to their OET Workforce Development Specialist to request an organization be added to the system.
- If there is no existing IEBS event, the dislocation event must have a new IEBS event created.
- If there is an existing IEBS event, a new IEBS event must be created if:
- The event is more than eighteen (18) months old;
- There are five (5) or fewer active participants; or
- There have not been any recent supplemental layoff notifications or workshop activity.
- Additionally, for Trade certified events:
- The existing event does not match the specific location and worker group as specified in the Certification.
- A new IEBS event must be created if:
- Layoffs occurred prior to the Impact Date of the Certification; or
- Regardless of the size of a Trade Event, a separate IEBS event must exist for each Trade certification (i.e., two (2) certifications cannot be attached to one (1) IEBS event);
- Public Event Selection
At initial entry of a IEBS event (regardless of the number of workers affected), the LWIA (or OET) must decide whether the event may be made public to viewers during the event creation process. By default WARN is set to public, which creates a Public Company Page on Illinois workNet, and Local Events are set to private by default.
- If an event should be hidden from public view, the selection of this field must be changed to "No". Examples of reasons for making an event hidden from public view may include:
- The company has notified the LWIA or OET of an impending event, but it has not been publicly announced yet (this could prevent a stampede in outside activity prior to the public notice);
- The company has notified the LWIA or OET of an impending event, but they are seeking financial assistance to avert the event; or
- An employee has notified the LWIA that they have been or will be laid off, but verification has not been made with the company.
- Once an event should become public knowledge (i.e., it no longer meets the reasons as outlined in Section a. above), the IEBS record must be updated with the selection of this field to "Yes". This makes the event viewable in IEBS and in Illinois workNet.
Completing Initial IEBS Entry
Chapter: 9
Section: 2.3
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 5/12/2021 2:39:13 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
Either prior to or at the Initial Meeting the information below must also be verified and entered into IEBS. If gathering at the Initial Meeting, record the information in IEBS within forty-eight (48) hours of the workshop. All information will populate to the Illinois workNet Layoff Assistance webpage (see the References tab) once entered and selected as a public event.
- Event type as outlined in the forthcoming IEBS manual from the following:
- If the event affects twenty-five (25) or more workers
- WARN; or
- Trade WARN.
- If the event affects less than twenty-five (25) workers (local event):
- Local; or
- Trade Local.
- Number of affected workers;
- First layoff date/separation date;
- If planned action is temporary or permanent;
- Job titles and number affected in each job classification;
- Whether there is union representation;
- Existence of bumping rights.
Additional Data IEBS Entry Requirements
Chapter: 9
Section: 2.4
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 4/29/2021 3:40:57 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
In addition to the information required to be entered into IEBS, the following data must be entered in the "Edit Job" page of the Case Management section of IWDS for each customer served from this event by any LWIA:
- IEBS ID of the associated dislocation event must be entered;
- Selection of "Yes" or "No" must be made to indicate that the customer Received Rapid Response Services; and
- The date corresponding to the Last Date Received Rapid Response Services by the customer must be entered.
- The requirements of this section are not required for customers being served from an out-of-state Trade Certification where Illinois is the Agent State.
Maintaining IEBS
Chapter: 9
Section: 2.5
Effective Date: 4/29/2021
Expiration Date: Continuing
Revision Date: 4/29/2021 3:42:14 PM
Version: 2
Status: Current
Tags: Rapid Response,
TAA,
IEBS
-
LWIAs must ensure all information for events entered into IEBS is maintained with current information.
-
Information must be updated in IEBS within five (5) business days of notification of a change.
-
OET/IEBS Form #001 - "Information for IEBS Event Entry" form must be used to gather the updated information.
-
Any Initial Meeting and/or Outreach Workshop should be entered into IEBS prior to the date it is scheduled.
Nondiscrimination Plan
Chapter: 10
Section: Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:10:40 AM
Version: 3
Status: Current
Tags: EO,
NDP
PurposeThe Illinois workforce development system provides a framework that offers a range of employment, education, training, and related services and supports to help all job seekers secure good jobs while providing businesses with the skilled workers. This foundation integrates workforce services with education and economic development. In Illinois, 22 Local Workforce Innovation Boards (LWIB) operate through Local Workforce Innovation Areas (LWIAs) having a total of 23 comprehensive and 76 affiliated American Job Centers, known as Illinois workNet Centers®, giving businesses and job seekers seamless access to comprehensive workforce services.
The Department of Commerce and Economic Opportunity (DCEO) and the Illinois Department of Employment Security (IDES) serve as Illinois’ designated administrative entities in administering the Workforce Innovation and Opportunity Act (WIOA) throughout the State as instructed in the nondiscrimination and equal opportunity provisions contained in 29 CFR 38.28-33. The Nondiscrimination Plan serves as assurance for the United States Department of Labor (USDOL), Civil Rights Center (CRC), that the State of Illinois has appropriate and meaningful measures in place to comply with the requirements set forth in the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act, as detailed in 29 Code of Federal Regulations (CFR) Part 38. Illinois and all our statewide partners are committed to ensuring equal opportunity and meaningful and universal access to programs, services and benefits administered through DCEO and IDES and our Illinois workNet Center system.
This Nondiscrimination Plan will act as policy for the Illinois workNet system in the administration of the Equality Opportunity Provisions and be incorporated into the Illinois workNet ePolicy portal. For purposes of this document. LWIA will be the primary reference for the LWIB and/or the Illinois workNet Center system.
Pursuant to Executive Order 2003-11 and implementing interagency agreements, the authority for the administration of WIOA Title I by the State of Illinois was transferred from IDES to the DCEO, effective July 1, 2003. Therefore, IDES is no longer responsible for administering WIOA Title I in Illinois. With regards to IDES’ other WIOA-related programs and operations, IDES is in full compliance with the requirements of the Workforce Innovation and Opportunity Act including any and all federal regulations, such as 29 CFR 38, et.al.
Assurances - Sections 38.25 Through 38.27
Chapter: 10
Section: 1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/14/2020 4:17:17 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO and all 22 LWIAs, agree to abide by the WIOA nondiscrimination requirements. Each LWIA is monitored annually to ensure continued compliance and any identified deficiencies are remediated with prompt corrective action. Requests for Proposals (RFPs), as well as all final contract agreements, contain assurance language ensuring compliance with WIOA Section 188, 29 CFR Part 38, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, The Age Discrimination Act, and Title IX of the Education Act, where applicable.
- Each LWIA EO (Equal Opportunity) Officer conducts monitoring using a standardized Americans with Disabilities Act (ADA) accessibility checklist for each training provider in their respected jurisdiction. This checklist covers both programmatic and architectural accessibility to ensure compliance with the WIOA nondiscrimination requirements. To ensure continued compliance, the checklist is completed anytime a new or renovated location is proposed and all completed checklists are submitted to the State-Level EO Officer for review. If any issues are identified, the State-Level EO Officer performs follow-up review to ensure the issues are resolved timely. The LWIA EO Officers have been instructed to complete the checklist prior to entering into any new lease agreement.
- DCEO ensures that all contracts, such as those with youth providers and agreements related to work-based learning, are both nondiscriminatory and contain the required EO assurances. A sample of contracts are reviewed at all LWIAs during the annual on-site monitoring process to ensure the necessary assurances are included.
- DCEO policy issuances are reviewed by the State-Level EO Officer prior to issuance to ensure they are not discriminatory in intent or effect. All policy updates and issuances are distributed to staff members and non-State partners via email once finalized and are available via the DCEO website. LWIA policies/procedures are reviewed annually as part of the on-site monitoring reviews and the LWIA also is charged with reviewing their subrecipient policies no less than annually.
- IDES does not pass along any of its federal administrative grants for Unemployment Insurance (UI) or Employment Service (ES) programs to sub-grantees. IDES ensures that these grants are nondiscriminatory and contain required assurances by exclusively using grant agreement documents required and prepared by the Education and Training Administration of the United States Department of Labor (USDOL). This required standardized language also serves as policy directives and guidelines used by IDES to ensure that the required assurances are included in all pertinent documents.
- IDES also enters into numerous procurement and other contracts to carry out the State’s Unemployment Insurance and Employment Service programs. In addition to applicable federal requirements, State law and regulation require these contracts to be nondiscriminatory and to contain required assurances regarding nondiscrimination and equal opportunity. This required standardized language also serves as policy directives and guidelines used by IDES to ensure that the required assurances are included in all pertinent documents.
Equal Opportunity Officer - Section 38.28 Through 38.33
Chapter: 10
Section: 2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 3/17/2021 11:49:59 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Governor Pritzker was sworn into office on January 14, 2019. Currently, the State Level Equal Opportunity Officer/ Deputy Director of the Office of Equal Opportunity Monitoring and Compliance (EOMC) for WIOA is vacant. An appointment will be made soon to designate this position that will report directly to the Governor pertaining to all WIOA equal opportunity issues. Once the designation is made, DCEO will notify the CRC with a revised Nondiscrimination Plan. In the meantime, DCEO staff remains working on the day to day operations and fulfilling the responsibilities of the Deputy Director of EOMC including, but not limited to:
- Providing oversight for all WIOA EO issues on behalf of the Governor and:
- Coordinating of State EO responsibilities under WIOA Section 188 and 29 CFR Part 38;
- Responsibility for developing, implementing and updating the Nondiscrimination Plan;
- Overseeing DCEO's Agency-wide EO Compliance/Education and Training Programs;
- Compiling a quarterly report with significant events for the Director;
- Providing oversight and responsibility for DCEO's Affirmative Action Program;
- Ensuring the uniformity in nondiscriminatory policy of EO requirements for grant recipients;
- Training LWIA EO Officers, managers and staff of their roles and responsibilities regarding WIOA equal opportunity policies and procedures;
- Providing technical assistance to LWIA EO Officers on analysis and coordinating with general counsel regarding issues such as Federal Civil Rights, investigations, rehabilitation legislation, regulatory law, and federal policies and programs;
- Monitoring subrecipients receiving WIOA funds to ensure compliance; and
- Implementing corrective actions when there are findings of noncompliance.
- EOMC employs full-time staff assigned to conduct WIOA EO investigations, monitoring and compliance activities. This staff trains and monitors statewide grantees associated with DCEO programs to ensure full compliance with all nondiscrimination provisions of Federal and State laws, rules, regulations, ordinances, and Executive Orders. Using the monitoring tools and processes described in later detail, the EOMC staff works with recipients to identify problem areas and to develop a plan for corrective action when deficiencies occur. Follow-up visits are scheduled to ensure that the appropriate actions were fulfilled.
Local Level EO Officers
Chapter: 10
Section: 2.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:43:13 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Each LWIB must designate an EO Officer for their area to comply with 29 CFR 38.28 -38.22. The State WIOA EO Officer reviews all LWIA EO officer designees to ensure they meet the eligibility requirements and other duties, or responsibilities do not create a conflict, or the appearance of a conflict with the responsibilities of an EO Officer.
- The LWIA EO Officer’s duties include, but are not limited to:
- Serving as the LWIA grant recipient’s designated local WIOA EO officer and liaison with the State WIOA EO Officer;
- Monitoring and investigating the LWIA recipient’s and sub-recipient’s activities for compliance with the nondiscrimination and equal opportunity obligations under WIOA Title I and 29 CFR Part 38; developing and publishing the LWIA grant recipient’s procedures for processing discrimination complaints under Sections 38.69-38.85 of 29 CFR Part 38 and ensuring that those procedures are followed;
- Reviewing the local written policies to ensure that they are nondiscriminatory and coordinating and conducting EO training sessions to train LWIA managers and staff of their roles and responsibilities regarding the WIOA equal opportunity policies and procedures;
- Providing technical assistance to LWIA grant recipient management on analysis and interpretation of federal civil rights and rehabilitation legislation, regulations, policies, and programs affecting the service delivery operations within the Illinois WIOA program;
- Reporting directly to the LWIA grant recipient about all local equal opportunity matters; and
- Maintaining records of most recent Demographic Analysis, this includes giving special emphasis to demographic group analysis using the Standard Deviation method.
- In instances where a perceived or actual conflict of interest arises at the LWIA level, the senior level administrator will work with the LWIB to reassign to another qualified staff person, or ask the State WIOA EO Officer for assistance.
Publicizing EO Officer Information
Chapter: 10
Section: 2.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:47:43 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO makes the identity of the State WIOA EO Officer known and works with WIOA Partners to distribute information to all interested members of the public by the following methods:
- Formal notice to USDOL, LWIA recipients, and partners;
- Posting of the notice “Equal Opportunity is the Law” prominently in common areas in all local Illinois workNet Centers. The poster notice gives the name, organization name, address, e-mail address, telephone, and TDD/TTY numbers of the State WIOA EO Officer and the relevant LWIA EO Officer. The notice is posted in English and Spanish and any other languages spoken by significant portions of the population of the area in which the notice is posted;
- Publishing the name of the State WIOA EO Officer in the Department's general phone directory (available on the Internet and in hard copy), along with equal opportunity policies and procedures applicable to WIOA employees and procedural manuals providing guidelines for handling complaints from WIOA applicants, employees and third parties;
- Disseminating written notice brochures to WIOA Partners and to any interested member of the public; and
- DCEO's web page contains EO information for the workforce investment community that includes contact information for the State and LWIA EO Officers.
- LWIA's publicize the name of their LWIA EO Officer to the State, partners, WIOA applicants, and the public by the following methods:
- Submitting formal notice to the State WIOA EO Officer;
- LWIA EO officer names on the notice “Equal Opportunity is The Law” prominently, in reasonable numbers and places, in local workNet and affiliated centers;
- LWIA staff members provide the name of the LWIA EO Officer through internal documents and memoranda and other written or electronic communication; orientation and application processes in employer handbooks and manuals; and ensuring the “Equal Opportunity is the Law” notice is made available to each participant during the intake process and made part of the participant’s file; and
- Listing the names and contact information of each LWIA EO Officer on the web pages of the local LWIAs.
Resources
Chapter: 10
Section: 2.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:48:41 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
-
The types of administrative support the State WIOA EO Officer receives from various resources including:
-
Office of Employment and Training (OET) provide funding for two WIOA EO Compliance Monitors, program guidance, IWDS information, and handles nondiscrimination program complaints;
-
Legal Counsel to ensure that DCEO's nondiscrimination and EO Obligations are appropriately addressed;
-
Assistance by DCEO Agency Services for professional graphics operations including the publication of posters, brochures and training manuals;
-
Information sharing with the Illinois Department of Employment Security (IDES) and Illinois workNet on regional labor market and demographic data;
-
Technical advice from the Illinois Department of Labor;
-
Illinois Assistive Technology Program provides technical advice, training and guidance about new assistive technology;
-
Training by the Illinois Department of Human Services, Division of Rehabilitation Services on technology programs to the Illinois workNet Centers staff;
-
Technical assistance and resources by the USDOL Offices for planning training initiatives, as well as with complaint proceedings; and
-
Assistance by the USDOL Civil Rights Center with technical information regarding development of policies and procedures for implementing the nondiscriminatory policies for the State and local levels.
-
Financial support for the WIOA EO activities is provided by WIOA 5% administrative funds. This expenditure authority is approved by the state legislative body (the Illinois General Assembly) on an annual basis.
-
All designated local grant recipients in the LWIAs receive their annual WIOA Title I federal program budgets from the State. This process begins with the annual submission of a grant application complete with budget and program objectives. In addition, funding for one EO Officer's activities comes from administrative WIOA funding levels.
State and Local EO Officer Training
Chapter: 10
Section: 2.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:49:31 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- 29 CFR 38.29 requires the State WIOA EO Officer and LWIA EO Officers and their staff to be sufficiently funded, administratively supported and trained to maintain competency to commensurate with their level of assignment, knowledge, skills, and abilities necessary to carry out their responsibilities and comply with the language found in 29 CFR 38.29 (f). DCEO has instituted best practices that ensure all EO staff receive adequate training.
- The State WIOA EO Officer provides opportunities for scheduled training that includes activities such as:
- Information and resource sharing and regional best practices shared.
- Collaborative efforts and partnerships that communicate statewide EO accountability, Americans with Disabilities Act (ADA) accessibility and LWIA monitoring activities.
- On-site or regional technical assistance is requested from USDOL Civil Rights Center Staff to train State and LWIA EO personnel.
- The Governor, DCEO and IDES Director are fully committed to ensuring the State-Level EO Officer has enough opportunities and funding for the training necessary to ensure he/she has adequate knowledge and competency to ensure compliance with the nondiscrimination requirements. Examples of training include national conferences hosted/attended by CRC staff, subject matter experts and out-of-state travel for other trainings or conferences that are pertinent to all matters EO.
- In July 2018, the State-level EO Officer conducted a two-day training summit for all LWIA EO Officers and their Executive Directors. The presentation material was taken from various CRC trainings and tailored to apply to the LWIA EO Officers and their roles within the system. The State-Level EO Officer will provide training to all LWIA EO Officers at least annually. These trainings will cover a variety of topics including, but not limited to, current issues, "hot topics", etiquette for serving various groups of individuals, best practices, and regulation updates.
- IDES employs its own Equal Opportunity Officer. Under the Director and in accordance with Federal and State statutes, rules, regulations, etc., the Equal Opportunity Officer is responsible for ensuring that IDES meets its obligations under 29 CFR Part 38 for equal opportunity and nondiscrimination in all IDES benefits, programs and services, including Unemployment Insurance and Employment Service. The Equal Opportunity Officer reports directly to the IDES Director.
The IDES Equal Opportunity Officer’s business address is as follows:
EO Officer/Manager
Office of Equal Opportunity/Affirmative Action Illinois Department of Employment Security 33 South State St., 10th Floor
Chicago, Illinois 60603
(312) 793-9290 (Voice)
(888) 340-1007 (TTY)
(312) 793-0302 (Fax)
- IDES’ EO Office is comprised of thirteen authorized positions, of which six are filled with permanent, full-time staff as follows: the EO Manager; one EO Compliance Reporting Supervisor; one Reports and Data Analysis Specialist; two UI/ES EO Monitors; and one Investigations Supervisor.
- Subject to budgetary and operational considerations, the following positions may be filled at a later date: one Senior Public Service Administrator (Monitoring and Evaluation), one Public Administration Intern, one Compliance Supervisor EO monitor, and two Executive I positions. One of the Executive I positions, and the Administrative Assistant position are Spanish language option positions, which means that they can only be filled by individuals who are bilingual.
Overview of the Duties, Responsibilities and Organizational Location of IDES’ EO Officer
Chapter: 10
Section: 2.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:50:21 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The EO Officer reports directly to the agency’s Director and is a member of the Department’s Executive Team (senior level management staff). The EO Officer reports on equal opportunity matters directly and confidentially to the Director. The Director is a Cabinet level administrator for the Governor of Illinois.
- The EO Officer’s job description reflects the senior level nature of the position. As a policy- implementing manager he/she establishes, develops and evaluates the EO/Affirmative Action program for the Department. One of his/her primary responsibilities is the development of the agency’s annual Affirmative Action Plan, which sets workforce goals related to underutilization in hiring and ensures nondiscrimination and full access in all aspects of employment and program/service delivery. (See 2019 IDES Affirmative Action Plan in the References tab). Additionally, the EO Officer administers a complaint system for investigating charges of discrimination filed by agency clientele under Title VI and VII of the Civil Rights Act, the Americans with Disabilities Act and other laws that address equal opportunity and nondiscrimination. The EO Officer also ensures that, where warranted, corrective action is taken to eliminate discriminatory practices in the servicing of clients and/or applicants. They also advise managers and supervisors to ensure that employment and operational practices are in compliance with applicable laws, rules and regulations. The Director has also given the EO Officer full responsibility for ensuring that the agency complies with the nondiscrimination provisions of the Equal Pay Act, the Age Discrimination in Employment Act and any other Federal and State nondiscrimination related rules and regulations.
- Direction and leadership is provided to the EO professional and support staff engaged in implementing and monitoring compliance programs and services. The EO Officer also hires and evaluates staff and recommends appropriate merit increases and disciplinary action for the IDES EO Office. They are also responsible for aiding in the development and implementation of the Nondiscrimination Plan report and serves as liaison to the Federal Civil Rights Center.
- The name and address of the EO Officer and all other pertinent information is identified on the “EO is the Law” poster, which is prominently displayed in areas accessible to employees and the public at all local IDES offices. Furthermore, the Department’s policies and procedures manual contains comprehensive internal EO policies which are available to all employees both in hard copy and via an on-line “intranet” computer system. (See EO Policies 1200 through 1207).
Job Description of IDES’ EO Officer
Chapter: 10
Section: 2.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:51:11 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The following is taken directly from the EO Officer’s official job description. “Pursuant to 56 Ill. Administrative Code this position serves as the EO Officer and shall report directly to the Agency’s Chief Executive Officer and shall be on the Chief Executive Officer’s staff. And in accordance with federal regulation 29 CFR 38.31, this position also serves as the EO Officer, a senior-level employee and shall report on equal opportunity matters directly to the SESA (State Employment Security Administrator); that is responsible for Agency EO related compliance. Subject to administrative approval plans, develops, organizes, controls, and evaluates the operation of the Equal Opportunity (EO) and Equal Employment Opportunity (EO) programs for the Department of Employment Security; serves as the Department’s EO Officer, Business Enterprise Program (BEP) Liaison and 504/ADA (American with Disabilities Act) Coordinator; recommends, formulates and executes EO, Rehabilitation and ADA policies for the Department.”
- IDES’ EO Officer’s job description further states:
- “As a policy formulating manager, establishes, develops, and evaluates the EO/Affirmative Action Program for the Department of Employment Security to assure equal employment opportunity in all aspects of the hiring, treatment, advancement, and development of the employees of the Department of Employment Security as well as the delivery of services to clients. Recommends and formulates the EO, Rehabilitation and ADA policy of the Agency for approval by the Director in accordance with Federal and State equal employment, rehabilitation and ADA laws, regulation and policy. Provides technical assistance to management on the analysis and interpretation of Federal Civil Rights and Rehabilitation legislation, regulations, policies and programs affecting the divisional programs of service delivery operations. Provides training to inform managers and staff of the role and responsibility of EO through seminars, workshops and orientation sessions. Directs and coordinates the development of the annual Business Enterprise Program for Minorities and Females (BEP) Compliance Plan for the agency for submission to the Illinois Department of Central Management Services; monitors compliance. Consults with community and civic organizations, deliver speeches, representing the Agency in conference and seminars to explain departmental policy and promote support for program objectives.”
- “Through subordinate managerial staff plans, assigns, reviews, and evaluates the activities of staff. Prepares and signs performance evaluations comparing results attained with established goals and objectives; hears first level grievances and implements disciplinary action. Provides direction and leadership to subordinates, professional and supportive staff engaged in the implementation and monitoring of mandated compliance programs and functions affecting the assurances of equal employment opportunity internally and the nondiscriminatory rendering of services. Selects and evaluates staff, initiating and recommending appropriate merit or disciplinary action.”
- “Prepares, develops and administers the Division budget plan. Institutes policy for the application of allocated resources based upon Office of the Budget formula. Analyzes budget monitoring reports and executes actions necessary to accommodate allocation of human resources. Directs the development of staffing and organizational plans and changes.”
- “Directs the development of a complaint system for receiving and investigating charges of discrimination filed by Agency clientele under Title VI & VII of the Civil Rights Act and Americans with Disabilities Act. Institutes corrective action to eliminate discriminatory practices in the servicing of clients and/or applicants. Advises managers and supervisors if employment and operational practices are in compliance with laws, rules and regulations. Represents the Agency in investigations and settlement negotiations in which the Department is named defendant in complaints of discrimination filed with the EOC, IDHR and the CRC. Directs and coordinates the preparation of documentation in support of the Agency’s position in response to allegations. As requested, directs agency staff in taking appropriate action to correct discriminatory practices identified by the department and reports back on the progress of actions taken. Formulates, establishes, oversees, and modifies, as necessary, an alternative dispute resolution process.”
- “Directs the ongoing review and evaluation of UI/ES (Unemployment Insurance/Employment Service) operations and other programs in accordance with 29 CFR Part 38, ensuring the collection and maintenance of records consistent with the requirements of regulation to determine compliance with the nondiscrimination/equal opportunity provisions relating to programs and services.”
Notice and Communication - Section 38.34 Through 38.39
Chapter: 10
Section: 3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/15/2020 10:43:39 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The "Equal Opportunity is the Law" Notice was disseminated to all Local Workforce Innovation Board (LWIB) Chairpersons, WIOA recipients, WIOA State and Local Partner Agencies, and training providers during annual program monitoring.
- DCEO’s policy requires that the "Equal Opportunity is the Law" notice be:
- Posted prominently, in reasonable numbers and places;
- Disseminated in internal memoranda and other written or electronic communications (i.e., Illinois workNet Welcome Internet Homepage);
- Included in handbooks or manuals;
- Made available to each participant and made a part of the participant's file;
- Provided in appropriate formats to individuals with visual impairments; and
- Where notice has been given in an alternative format to a participant with a visual impairment, a record that such notice has been given is to be made a part of the participant's file.
- The “Equal Opportunity is the Law” notice is posted in multiple languages for the benefit of the public and clients in all the appropriate locations at DCEO as well as all WIOA Illinois workNet Centers (both physical and electronic versions) and training providers. Posters are available in Spanish, Polish, Arabic, Chinese Traditional, French, French Creole, Korean, Portuguese, Russian, Tagalog, and Vietnamese. The notice is also available in alternative formats such as by audio for the visually impaired.
Notification to Individuals with Disabilities
Chapter: 10
Section: 3.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 10:56:07 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The “Equal Opportunity is the Law” notice is available to individuals with disabilities in the following ways:
- Large print, Braille and audiocassette versions of the notice are available to persons with visual impairments;
- Readers are made available to the visually impaired for use with websites where the notice is electronically posted at all workNet Centers; and
- When requested, sign language interpreters are made available to persons with hearing impairments should they have questions about the notice or the filing process.
- Each comprehensive and affiliate Illinois workNet Center resource room provides auxiliary aids and services such as:
- Qualified interpreters
- ;Assistive listening headsets;
- Closed and open captioning on videos;
- Telecommunication devices for deaf persons;
- Computers that allow voice input and output;
- Readers;
- Taped texts;
- Brailed materials;
- Video-text imaging displays; and
- Transcription services.
- Every LWIA must indicate that a TTY/TDD number, or an equally effective means of communicating with individuals with hearing impairments, is noted on its local recruitment and marketing materials whenever a phone number is included. All public information includes the tag “auxiliary aids and services are available upon request to individuals with disabilities,” on local recruitment and marketing materials.
Recruitment Notification and Communication
Chapter: 10
Section: 3.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:07:10 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
When the State advertises for employment positions, the “DCEO is an Equal Opportunity employer” statement is always included. The main employment application utilized by the State of Illinois, Department of Central Management Services, includes the following language:
“In compliance with the Federal and State constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, the Americans with Disabilities Act, and Section 504 of the Federal Rehabilitation Act, the Department of Central Management Services does not discriminate in employment, contracts, or any other activity.”
If you have a complaint, please contact the Department of Central Management Services at the contact information found on the link to the CMS 100 (see the link in the References tab) before the date of the test.
Notification to Persons of Limited English Proficiency
Chapter: 10
Section: 3.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:09:07 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- It is the responsibility of all WIOA recipients and sub-recipients to ensure equal opportunity and equal access within their specific facility. When clients and applicants arrive for WIOA Title I services and need assistance in a language other than English, the LWIA staff utilizes established procedures to provide translation services for the client. Individuals entering any of the Illinois workNet Centers may view the "Equal Opportunity is the Law" poster prominently posted throughout the centers and within the resource room. The poster is available in English in all locations and in areas which have identified a significant non-English-speaking population, the Notice is also posted in those languages.
- Individuals which apply or enroll in any program offered at the Illinois workNet Centers receive a copy of the Notice for their records and sign an acknowledgement of receipt form which is maintained in their participant file. If an individual receives an alternative format of the Notice (non-English, Braille, large print, etc.), a record that such notice has been given is maintained in the individual’s file.
- All LWIAs receive assistance from the Illinois Department of Rehabilitation Services, as well as various interpretation services throughout the state to assist with individuals requesting accommodations. These services include, but are not limited to, sign language interpreters, the utilization of text readers, translation of information to Braille, large print, etc. Notice of the availability of interpreter services is posted at all Illinois workNet locations and staff are knowledgeable on how to assist individuals with disabilities to ensure they are receiving the proper services. If a staff member is unable to assist an individual requesting an accommodation, the EO Officer is immediately contacted for assistance.
- The "Equal Opportunity is the Law" Notice (in various languages) is required signage in all comprehensive and affiliate locations, including all training providers. The posters are supplied to all local agencies whenever changes are made and are physically verified during the on-site annual EO monitoring reviews. All recruitment brochures (i.e., forms, flyers, posters, broadcasts, and publications) and other materials that are ordinarily distributed or communicated in written, oral, electronically and/or on paper, to staff, clients or to the public at large, include the EO tagline as well as the availability of auxiliary aids and services with the applicable TTY/TDD or relay number anytime a standard telephone number is published. Materials published and distributed by the LWIAs and their subrecipients are also reviewed during the on-site annual EO monitoring review.
- Limited English proficiency and preferred language data is collected for everyone during the intake process at each American Job Center. This information is maintained within the Illinois Workforce Development System (IWDS) and is utilized when working with the individual to ensure they are getting the services and assistance which best suits them. Additionally, at each site, there are postings which alert individuals to the availability of language assistance at no cost. If an individual enters the Illinois workNet Center and does not speak English, or speaks limited English, staff utilize the "I Speak" placards to help identify the language and assist them in ensuring the necessary assistance is obtained. Areas which have identified a significant non-English speaking population have bi-lingual staff on- site to assist individuals.
- If there is a need for language assistance that is not readily available on-site, LWIAs partner with various Community Colleges within their regions in addition to utilizing other State agencies or partners. If these local agencies cannot assist an individual timely, local areas utilize the prescribed tele-interpreter services such as Propio, or similar vendors, for interpretation and translation services. To provide effective communication methods, DCEO and its partners utilize the language interpreter services contracted through the Illinois Department of Central Management (CMS) Telecommunication Unit. When using the service, employees follow the instructions illustrated in the brochure.
Orientation Notification
Chapter: 10
Section: 3.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:10:06 AM
Version: 1
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Although each LWIA conducts their orientation process slightly different, EO information is shared with everyone at every location. Each orientation includes a section on the individual’s rights and the Agency's responsibilities regarding Equal Opportunity and the Nondiscrimination provisions of WIOA. Information on how to file a complaint is also shared and the individuals receive and sign acknowledgement of the EO Notice.
- Each applicant attending the orientation briefing signs a statement which lists all training objectives, sign a statement indicating they were given “Equal Opportunity is the Law” brochure, how to file a discrimination complaint, the name of the LWIA EO Officer, and how to use the resource room. This statement is kept in the applicant’s file. A notice to the availability of reasonable accommodations and other available assistance is posted in the entrance of each Illinois workNet Job Center. If an individual entering the Illinois workNet Center for the first time requires assistance, staff are trained in identifying the type of assistance needed and who to connect with the individual to ensure they are receiving equally effective services.
- During the intake process, individuals are asked to self-identify any disabilities or special needs. When the individual meets with a career counselor to explore their opportunities, the counselor may then identify additional testing or necessary reasonable accommodations to ensure the individual receives effective services. Each LWIA utilizes the Illinois Relay Services (711) to assist individuals who are deaf, have a speech impairment, or are hard of hearing. The relay number is listed on all postings, brochures, taglines, and websites. Each workNet location is equipped with various assistive technology including screen readers, TTY machine, videophones, etc. to assist individuals with disabilities.
Employment Discrimination Training
Chapter: 10
Section: 3.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:19:29 AM
Version: 1
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Employees are taught how to prevent employment discrimination from occurring in the workplace. DCEO’s management preference is to prevent discrimination in the workplace when compared to the costs for remedying the consequences of discrimination. EOMC is committed to providing training and technical assistance, outreach and education programs to understand and prevent discrimination. EOMC conducts ongoing training opportunities (i.e., webinars, teleconferences, video conferences, on-site training, and informational alerts) for LWIA EO Officers. The State WIOA EO Officer directs individualized and sometimes, specialized technical assistance when needed. Individualized training is necessary to assist new EO Officers in their respective positions. DCEO also supports training for LWIA EO Officers through attendance at educational seminars and skill-building workshops.
- Pursuant to 29 CFR Part 38 the Illinois Department of Employment Security communicates (internally and externally) its EO policies and provides training to staff who have EO responsibilities in a variety of ways. The Department provides initial and ongoing communication announcing that it does not discriminate. Such communication is provided through a variety of means described below. Moreover, IDES has incorporated a notice of its nondiscrimination policy into its UI claims taking an Employment Service application process. Initial and continuing notice is given in Spanish, English, Polish, Chinese, and other languages, where appropriate, through Americans with Disabilities Act (ADA) posters, EO posters, auxiliary aids, and provisions for language interpreters and “sign interpreters for the hearing impaired.”
- The nondiscrimination policy is communicated to UI claimants and ES applicants in the IDES’ "I Filed My Claim, What Happens Now?" publication. This pamphlet is disseminated to all agency clients including claimants for UI Benefits and applicants for job referrals. This pamphlet is also disseminated to workers by employers and during outreach at employer sites. Various languages and large type versions have been developed. The pamphlet currently includes a nondiscrimination statement. The revised pamphlet includes the following nondiscrimination statement:
- IDES is an equal opportunity employer and complies with all Federal and State nondiscrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. Contact the Office Manager of the IDES office nearest you or the IDES Equal Opportunity Officer.
Equal Opportunity (EO) Is the Law Notice
Chapter: 10
Section: 3.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:20:35 AM
Version: 1
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The "Equal Opportunity is the Law" poster is prominently displayed for the benefit of the public and clients in all of the Department's Consolidated UI and ES offices (hereinafter referred to as "UI/ES Offices"), as well as in appropriate locations in the central office. Posters are available in multi-lingual languages in addition to English, plus this message will be communicated via audio CDs or MP3 file. Provisions are made to include this statement of nondiscrimination on all UI claim and ES applications. All IDES Field Offices display a large laminated 12 ½ x 18 ½ “EO is the Law” Poster in both English and Spanish. “EO Is the Law” posters in Polish are also displayed in designated Offices where services are provided to the Polish community. All IDES Regional Offices, The Central Office in Chicago and the Director’s Office in Springfield display an 11 x 17 version.
- This “Equal Opportunity is the Law” Notice is permanently mounted in each and every Illinois Department of Employment Security Office. Notices are permanently displayed and the Department’s EO Officer has on file a written confirmation from each Manager attesting to the fact that the Poster is being prominently displayed. When the EO Monitors conduct their site visits of each local IDES Office, additional follow-up occurs because they check to determine if the Posters are being prominently displayed as well. Monitors also examine local offices to determine that the requisite ADA related posters are also being displayed.
- Currently there are nineteen (19) IDES Field Offices and five (5) Regional Offices, a Central Office in Chicago, the Director’s Office and the Central Processing Unit in Springfield. The “Equal Opportunity is the Law” Notice has been posted in service locations.
Affirmative Outreach - Section 38.40
Chapter: 10
Section: 4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 10/19/2020 8:22:32 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Each of the LWIAs hold a strong presence in the communities throughout their region. Statewide, LWIAs currently partner with specialized training providers which include community colleges, universities, intermediate school districts, governmental agencies, for-profit entities, and non-profit organizations. Many of these groups have a physical presence throughout the state. In addition to contracted partners, LWIA staff work with and play an active role on local boards and community groups. These groups include local economic development boards (comprised mainly of local businesses and local education providers), religious groups, various racial and ethnic/national origin community groups, and groups representing individuals with disabilities. Local businesses and community groups also have representation on the Local Workforce Innovation Boards which help form the LWIA's policies and practices.
- Each LWIA performs affirmative outreach within their region by advertising information regarding their local programs/opportunities throughout various media sources, sharing information regarding their local programs/opportunities with the numerous institutions mentioned above and by continuously consulting with the local boards and community groups which each LWIA is a part of. Input and feedback received from these partners is used to help improve the programs and services which the LWIAs provide.
- Affirmative outreach efforts are discussed and reviewed as part of the annual EO monitoring process at each LWIA. If EOMC determines there is insufficient outreach being performed (either through monitoring or data analysis review), the LWIA is required to complete a corrective action plan detailing how they will improve their efforts to attract the under- represented group(s). DCEO outlined how these efforts are accomplished in outreach and recruitment programs, communication programs, alternate formats, and in monitoring programs mentioned below.
Outreach and Recruitment
Chapter: 10
Section: 4.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:23:19 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
All LWIAs describe outreach, recruitment and priority of service efforts in their local methods of administration materials as well as their local/regional plans.
Communication
Chapter: 10
Section: 4.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:24:15 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Recipients must ensure they take appropriate steps to communicate with individuals with disabilities and that such communication is as effective as communications with others. In addition, when a significant proportion of persons being served are individuals with limited English proficiency, the recipient must provide the same information in languages other than English.
- Printed communication materials such as brochures, pamphlets, publications, etc. that describe WIOA programs or activities must include the required language “taglines” indicating that the program or activity in question is an "equal opportunity employer/program" and that “auxiliary aids and services are available upon request to individuals with disabilities.”
Assistive Technology and Auxiliary Aids (AT)
Chapter: 10
Section: 4.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:25:51 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO continues to work with Illinois workNet Centers to replace obsolete assistive technology with updated hardware and software. LWIAs are encouraged to identify obsolete or outdated assistive hardware and software programs. In addition, LWIAs must program and plan budgets or work with partners to replace obsolete items.
- IDES ensures its affirmative outreach and universal access requirements under WIOA and federal regulations are met by implementing the following:
- Unemployment Insurance and Employment Services Outreach Initiatives
- The Illinois Department of Employment Security is addressing requirements found in 29 CFR 38.40 by providing equitable services among substantial portions of the eligible population through its outreach programs. These programs are designed to broaden the composition of the pool of those considered for participation in programs administered through Employment Services (ES) to include: members of both sexes, the various race/ethnicity and age groups, individuals with disabilities and all other protected EO categories.
- IDES Local Office site location is mentioned in Illinois Statutes, (See 20 ILCS 1015 and 820 ILCS 405/1705). IDES goes beyond the requirements of the statute as evidenced by locations listed on the Drug-Free Workplace certification filed each year with USDOL. Local UI/ES Offices are the focus of this outreach to a broad scope of individuals including veterans through the Agency’s Disabled Veteran's Outreach Plan. Local offices are strategically placed and equipped to ensure access by the broadest range of racial and ethnic groups, members of targeted age groups, individuals with disabilities and all other protected EO categories.
- To deliver services to veterans prescribed by Title 38 United States Code, Chapter 41 and 42, IDES receives funding each Federal Fiscal Year to station Local Veterans Employment Representatives (LVERs) and Disabled Veterans Outreach Program Representatives (DVOPs) in the local Illinois WorkNet Centers. This funding is negotiated with the Assistant Secretary for Veterans Employment and Training of the U.S. Department of Labor. Plans are due to the State Director of Veterans Employment and Training of the U.S. Department of Labor by mid-August.
- The Equal Opportunity Officer reviews current population’s demographics, unemployment insurance and employment service characteristic data to assess population trends. In addition, IDES publishes a yearly report on Women and Minorities in the Illinois Labor Force as required by statute. The EO officer along with the State Business Services Manager and the Acting State Monitor Advocate conducts outreach to community groups.
- Ongoing efforts will continue to be made to reach out to members of both sexes; individuals of various race/ethnic backgrounds; members of targeted age groups, and individuals with disabilities. Accordingly, to supplement these current and ongoing efforts, IDES tracks community events throughout the year. These outreach activities include minority and female targeted job fairs, media events and local ethnic events. Other events involving the calendar serve as a method to disseminate Unemployment Insurance/Employment Services program information throughout Illinois communities and to encourage all groups, including individuals with Limited English Proficiency, to engage in IDES services. The calendar serves as a tool to address universal meaningful access.
- Additionally, IDES has entered into interagency agreements with other various Illinois Agencies such as the Department of Human Services (IDHS), Department of Corrections (IDOC) to provide outside agency staff to access the IDES’ Illinois JobLink system. IDHS assists food stamp recipients and persons with disabilities with job referrals through the IDES Illinois JobLink System. IDOC staff has access to Illinois JobLink to provide job referrals to the formerly incarcerated. For years, IDES has funded a cooperative program with IDOC which provides job placement services to clients in selected Community Correctional Centers and IDES/Illinois WorkNet Centers. In SFY 2005, this initiative was expanded to become the Re-entry Employment Service Program. IDES also entered into a Memorandum of Understanding (MOU) between IDOC and the Illinois Department of Veterans Affairs to implement a pilot program for incarcerated veterans under USDOL’s Incarcerated Veterans Transition Program.
- IDES has trained IDOC staff in the procedures for the Work Opportunity Tax Credit and for the Fidelity Bonding Program. Through the latter program, IDES arranges bonds for formerly incarcerated felons whose employers are unable to bond them through their usual bond providers, or for prospective employers who wish to reduce the perceived risk associated with hiring a formerly incarcerated felon.
- IDES continues to explore additional avenues to enter into interagency agreements with other various Illinois Agencies, in order to make outreach efforts to disabled individuals, members of both sexes, members of various racial and ethnic groups and members of the various age groups. Throughout the year the IDES participates in or organizes job fairs throughout the state, including job fairs in minority communities. There are ongoing employment workshops in the local offices that include minorities and women. The Agency website lists a calendar of upcoming events including job fairs and community events. In addition to these listed events the IDES will participate in activities organized by minority, female and other disability groups.
- Outreach to Minority, Immigrants, Faith-Based and Female Organizations
- IDES works regularly with two key organizations that support minority hiring: the Illinois Hispanic Association of State Employees and the Illinois Association of Minorities in Government.
- In addition, IDES has worked with community-based organizations to reach out to residents with limited English proficiency. Below are examples of collaborations between IDES and community-based organizations as well as other state agencies to promote IDES services. The EO Officer also is a member of the following committees, councils and taskforces: Illinois Hispanic Advisory Council, Illinois Asian American Advisory Council, African American Advisory Council, Illinois Economic and Employment Opportunity for Persons with Disabilities Taskforce, Equip for Equality’s Disability Rights Consortium and Equip for Equality’s Americans with Disabilities Act (ADA) Project. More regarding these committees are discussed below.
- The Illinois Association of Hispanic State Employees (IAHSE)
The mission of IAHSE is to advocate for the employment, educational and professional development of the Latino state employees and to ensure quality services to Latino communities in Illinois. IDES participates in an annual IAHSE Conference where a variety of topics are discussed and workshops are attended. Additionally, IDES has received and implemented various guidance from IAHSE on filling bilingual positions throughout the State to ensure we are meeting the LEP populations’ needs.
- Illinois Association of Minorities in Government (IAMG)
The IAMG advocates on behalf of minority employees for jobs, promotions, job retention and protection against discriminatory acts. Founded in 1978, the organization has actively sought to ensure implementation of existing equal opportunity laws and to challenge government officials in areas of unfair employment practices.
- Illinois Hispanic Employment Plan Advisory Council
IDES’ Equal Opportunity Office (EO Office) attends regular meetings for the Hispanic Employment Plan Advisory Council. The Council was implemented by the Illinois General Assembly to address barriers in State government employment faced by Hispanics, to gather information on their workforces, and provide solutions and incentives to foster the employment and promotion of these groups in general in the labor market and State government. IDES’ EO Office provides information and shares IDES’ workforce history and successes at these meetings.
- Illinois Asian-American Plan Employment Advisory Council
IDES’ EO Office attends regular meetings for the Asian-American Employment Plan Advisory Council. The Council was implemented by the Illinois General Assembly to address barriers in State government employment faced by Asian-Americans, to gather information on their workforces, and provide solutions and incentives to foster the employment and promotion of these groups in general in the labor market and State government. IDES’ EO Office provides information and shares IDES’ workforce history and successes at these meetings.
- Illinois’ African-American Plan Employment Advisory Council
IDES’ EO Office attends regular meetings for the African-American Employment Plan Advisory Council. The Council was implemented by the Illinois General Assembly to address barriers in State government employment faced by African-Americans, to gather information on their workforces, and provide solutions and incentives to foster the employment and promotion of these groups in general in the labor market and State government. IDES’ EO Office provides information and shares IDES’ workforce history and successes at these meetings.
- Polish American Association
The Polish American Association (PAA), a human service agency, is to serve the diverse needs of the Polish community in the Chicago Metro area by providing resources for changing lives with emphasis on assisting immigrants. IDES has provided the PAA staff with training on Illinois JobLink to assist Polish immigrants with employment opportunities.
- Centro de Información
Centro de Información is a not-for-profit Hispanic social service agency founded in 1972. The agency helps nearly 15,000 predominantly low-income Hispanic immigrants each year by providing individual and family counseling, bilingual advocacy, information and referral, immigration and naturalization services, parenting skills training, community education and youth programs. IDES representatives periodically visit the Center and update staff on IDES services.
- Chinese American Service League
Founded in 1978, the Chinese American Service League (CASL) is the largest and most comprehensive social service agency in the Midwest dedicated to serving the needs of Chinese Americans. Housed in the Kam L. Liu Building, with multilingual and multicultural professional and support staff, CASL’s budget supports programming that mainly serves newly-arrived immigrants who often do not have formal education, possess few transferable job skills and know little of the world around them. The community group has been provided orientation on IDES services and has access to job openings.
- Mi Raza
The Mi-Raza is a faith based organization that serves as an outreach health and education center for all citizens of the town of Arcola and Douglas County, but specializes in offering many of the outreach services to the growing Hispanic and Spanish speaking population. IDES provides information on Illinois WorkNet services in the areas to the organization.
- Illinois Department of Human Services
The Department of Human Services and IDES established the Welcoming Center in North Riverside, Illinois to provide one stop services for food stamp assistance and employment services to immigrants. IDES has provided assistance to IDHS’ Welcoming Center to clients in need of employment. Additional Welcoming Centers are planned for Aurora and Chicago. Funding will determine operational feasibility of these centers.
- Women in the Trades
- Chicago Women in Trades works to increase the number of women in the skilled trades and other blue-collar occupations and to eliminate the barriers that prohibit women from entering and remaining in nontraditional careers. IDES has hosted workshops for women interested in the Chicago Women in Trades Organization.
- IDES offers an avenue to unsubsidized training opportunities in the private sector through the Apprenticeship Information Center (AIC). The AIC provides guidance to persons interested in becoming apprentices in the construction trades. Operating through IDES/Illinois WorkNet Centers, specially trained IDES staff located in the Chicago metropolitan areas provide information on specific prerequisites and application procedures for several trades and various apprenticeship programs.
- Over the last few years, IDES has helped with outreach efforts to recruit and refer women to nontraditional occupations, particularly apprenticeship openings in the building trades. In this activity, IDES cooperates with federal agencies, such as the Women’s Bureau, and local groups such as Chicago Women in Trades (CWIT). CWIT works with IDES/AIC to extend their ability to attract women into the high wage, high-skilled jobs in the construction industry.
- CWIT, IDES/AIC, the Illinois Department of Labor Office of Apprenticeship, Illinois Community College Board, The Builders Association, Construction Industry Service Corporation, the Chicago Building Trades Council, and the Workforce Boards of Metropolitan Chicago help women overcome barriers to employment. AIC staff receive training, recruitment materials, assessment tools, and participant handbooks and guides to help them serve women interested in entering the construction industry.
- Illinois Migrant Council
The Illinois Migrant Council (IMC) is a community-based non-profit organization with the primary mission of promoting employment, education, health, housing and other opportunities for migrant and seasonal farmworkers (MSFW) and their families to achieve economic self-sufficiency and stability. Outreach workers from IDES work with IMC staff to visit rural areas in Illinois to meet with migrant and seasonal farmworkers to ensure they are afforded equal and meaningful benefits, services and programs from IDES.
- Mexican Hometown AssociationsThere are several Hometown Associations that have formed throughout Illinois. Its members are immigrants from specific states in Mexico. IDES has participated in events sponsored by the Hometown Associations including Casa Jalisco’s Summer social services event.
- Governor’s Office of New Americans (GONA)
The New Americans Office held town hall meetings called Dialogs in various parts of Illinois. IDES participated in these outreach events to expand its outreach efforts to new immigrant groups.
- Limited English Proficiency Populations
- Services and Management Initiatives
- IDES provides a telephone interpreter service to assist individuals in filing unemployment insurance claims and adjudicating issues arising with respect to those claims. The same system is provided for employment service clients looking for employment opportunities. In addition, there are approximately 150 bilingual staff assigned to local offices serving significant Limited English Proficiency populations including Spanish, Polish and Chinese.
- Additionally, the Agency will perform periodic monitoring to identify and implement other reasonable steps that can be taken to provide services and information in appropriate languages where there is a significant number or proportion of the population eligible to be served at an IDES facility, or likely to be directly affected by those services, who may need services or information in a language other than English in order to be effectively informed about or able to participate in the services.
- Limited English Proficiency Population (LEP) Assessment
- IDES EO staff also uses existing means to assess language needs in the local office service area. IDES will track the number of LEP clients who file unemployment claims, review telephone interpreter requests, the number of clients who call the Spanish certification telephone line (Tele-Serve), the number of non-monetary determinations issued to LEP claimants, “hits” on the Internet link to IDES website information in Spanish, Russian, Polish and Chinese as well as local census data. IDES also contracts with Propio Language Services to ensure compliance with its LEP requirements and to serve the LEP community and provide meaningful and equal access to our programs, services and benefits.
- Service complaints associated with LEP will also be used to assess language needs. IDES has a statutory requirement to complete the annual Hispanic and Asian-American Employment Plan Surveys and the annual Bilingual Needs Survey. The surveys are an evaluation of an Agency’s needs to increase bilingual workers. Another state statutory requirement seen under the Illinois State Services Assurance Act is to monitor the number of bilingual front-line staff. This Act requires IDES to maintain its bilingual workforce at a minimum 127 bilingual staff. Currently IDES has approximately 142 bilingual front-line staff to ensure our Federal and State LEP requirements are met.
- Based on the data to date the greatest number of LEP clients in Illinois are Spanish speaking. The IDES website provides translated publications and several translated forms which are available to both the public as well as local office staff. The IDES website page also translates into a number of different languages.
- Outreach to Individuals with Disabilities
- IDES works regularly with state agencies and community organizations that support individuals with disabilities.
- Equip for Equality, Disability Rights Consortium
Equip for Equality, a disability rights advocate group also runs a Disability Rights Consortium which IDES’ EO Office is a member. Disability Rights Consortium members are members of the legal community, business community, government, educators and public that gather to learn about recent law, relevant hot topics, and areas of concern that individuals with disabilities face in our communities. IDES’ EO Office is in regular attendance at the Disability Consortium meetings held at Equip for Equality.
- Equip for Equality, Americans with Disabilities Project (ADA Project)
Equip for Equality, a disability rights advocate group also runs the ADA Project which IDES’ EO Office is actively involved with. The ADA Project also has members of the legal community, business community, government, educators and public that gather to learn about recent law, relevant hot topics, and areas of concern that individuals with disabilities face in our communities. IDES’ EO Office is in regular attendance at the ADA Project meetings held at Equip for Equality.
- Employment and Economic Opportunity for Persons with Disabilities Task Force
IDES’ EO Office is a member of the Illinois Task Force on Employment and Economic Opportunity for Persons with Disabilities (EEOPWDT), which was established via legislation to join the forces of 10 designated state agencies, including IDES, with 15 public members, including at least 5 who have a disability. The Task Force recommends to the General Assembly and to the Governor, including legislative proposals, regulatory changes, systems changes, and budget initiatives, that would advance employment and economic opportunity for persons with disabilities in Illinois. Through this task force IDES is able to disseminate information on employment services and programs. Several workgroups exist within the EEOPD Task Force, who work on reform of existing employment systems, wage, education, housing and transportation legislation and issues throughout Illinois. The IDES EO Officer actively participates in the Employer workgroup, which has drafted strategic plans presented to the Illinois General Assembly.
- Office of Rehabilitation Services
Offices of Rehabilitation Services field staff use the IDES Career Information System as an on-line resource for individuals with disabilities. The ORS staff works with the physically, mentally, visually impaired and the hearing impaired on skills assessments and employment placement. The vocational rehabilitation counselors work with IDES staff on and use the web-based Labor Exchange Services. On January 18, 2012 IDES provided an overview of Illinois JobLink program to the Division of Rehabilitation Services (DRS). DRS is the statewide program providing services to individuals with disabilities.
- Disabilityworks
Disabilityworks role is to increase the economic and employment opportunities of people with disabilities while meeting the workforce needs of businesses located in the State of Illinois by promoting a collaborative partnership between the private and public sectors. The organization is part of the Illinois WorkNet program. IDES staff works with the organization to provide job leads for people with disabilities. In addition, IDES participated in employer workshops to increase awareness of the advantages of hiring individuals with disabilities. These workshops were held in Rockford, Springfield and Fairview Heights. Members from the Statewide Independent Living Council participated in these workshops.
- Statewide Independent Living Council (SILC)
The IDES Officer also serves on the Statewide Independent Living Council (SILC) subcommittee on Employment for Individuals with Disabilities. IDES provides updates on IDES services. SILC was a participant of the employer workshops in 2011.
- Access Living
IDES has provided an overview of IDES services to a number of disability organizations including Chicago Access Living (see the link in the References tab) which provides services to individuals with disabilities in the Chicago area.
Compliance With Section 504 29 CFR 38.14 - 38.24 and WIOA Section 188
Chapter: 10
Section: 5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 4/26/2022 11:30:54 AM
Version: 3
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO ensures all recipients and service providers commit to provide written assurances and certificates in their agreements, grants and contracts that they will comply with the requirements of:
- WIOA Section 188;
- Rehabilitation Act of 1973 (the Rehab Act);
- The Americans With Disabilities Act of 1990 (ADA); and,
- Section 504, as implemented by Title 29, Part 32 of the Code of Federal Regulations; and applicable disability laws.
Equal Effective Participation
Chapter: 10
Section: 5.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:28:49 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The foundation of the general requirements in Section 188 is the principle that qualified individuals with disabilities must be provided an equal opportunity to participate in and benefit from the programs and services provided by the recipient. The State of Illinois recognizes in its practices the following definition of a “qualified individual with a disability” as:
- A person who has the requisite skills, experience, education, and other job-related requirements of the employment or training position that the individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of the position.
- A primary goal of the general requirements is the “equally effective” participation of qualified individuals with disabilities by ensuring that individuals with disabilities are integrated to the maximum extent appropriate. This goal does not preclude a recipient from providing different or separate services or programs for individuals with disabilities. However, it does mean that these separate, or special, services must be as effective as the mainstream services - those programs and services designed for persons without disabilities.
State Laws Ban Discrimination
Chapter: 10
Section: 5.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:31:52 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
-
WIOA required that states offer a range of different job training, education and other human resource programs through their service delivery systems. DCEO adheres to Section 188 of WIOA, which bars discrimination from programs, services and employment based on a disability. Illinois workforce systems emphasize the need to provide services to individuals with disabilities, must be alongside – not segregated from – people without disabilities, to the greatest extent possible. Among the types of discrimination prohibited by these regulations on the grounds of disability are:
-
Denying a qualified individual with a disability the opportunity to participate in or benefit from aid, services or training;
-
Affording a qualified individual with a disability an opportunity to participate in or benefit from the aid, services, or training that is not equal to that afforded others;
-
Providing a qualified individual with a disability with an aid, service or training that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
-
Providing different, segregated or separate aid, services, or training to individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aid, services or training that are as effective as those provided to others;
-
Denying a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; or
-
Otherwise limiting a qualified individual with a disability in enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving any aid, benefit, service, or training.
-
In addition, DCEO provides reasonable accommodations to qualified individuals with disabilities in all aspects of its programs, services and activities. Accommodations may include, but are not limited to, qualified sign language interpreters, readers, auxiliary aids, and alternate formats. Reasonable modifications in policies, practices, or procedures are made, when necessary, to avoid discrimination based on disability, unless making the modifications would result in an undue hardship on the Agency (i.e., unreasonable cost or would fundamentally alter the nature of the service, program, or activity).
-
Finally, the State WIOA EO Officer provides guidance to staff and recipients regarding disability requirements of applicable Federal and State laws and regulations.
Two Types of Accessibility
Chapter: 10
Section: 5.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:33:16 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO recognizes and complies with the architectural and programmatic accessibly standards contained within Section 188. Architectural Accessibility includes the kinds of physical modifications that are most commonly thought of as access for persons with disabilities. Program accessibility requires that a program or activity be set up in advance to be accessible to qualified persons with disabilities.
- DCEO works with State and LWIA partners to ensure each workNet Center (One-Stop) or Affiliate site comply with the most stringent architectural accessibility guidelines included in the Illinois Accessibility Code. Approved reasonable accommodations are provided for people who have difficulty walking or maintaining balance, people who use wheelchairs, crutches, canes, walkers or have restrictive gaits. Surfaces must be hard surface and slip resistant. Parking lots, walkways, corridors, elevators, carpets, and entry doors must comply with Disabilities Act Accessibility Guidelines (ADAAG). Annual on-site monitoring of workNet Centers and their affiliated sites ensures architectural accessibility.
- Providing accessibility for people with disabilities does not mean that WIOA recipients can wait for persons with disabilities to show up at their doorstep and ask to participate in their programs and activities. Rather, it means that the recipient must both plan and act ahead of time. Recipients must plan for and take a wide range of actions, in advance, to be ready to provide effective services – long before the first person with a disability shows up. A recipient is not required to make every part of its facilities accessible. However, if a program is available in only one location, that site must be accessible, or the program must be available at an alternative and accessible site.
- DCEO ensures that workNet systems of service delivery contractors comply with programmatic-related provisions of Section 188 of WIOA, which prohibits discrimination against qualified individuals with disabilities. DCEO also prohibits disability-based discrimination by public entities that receive federal financial assistance. DCEO adopted the WIOA implementing regulations that involves the three-part definition used by Section 504 and the ADA to define “disability” as:
- A physical or mental impairment that substantially limits one or more of the major life activities of such an individual;
- A record of such an impairment; or
- Being regarded as having such an impairment (i.e., person is considered as having a disability if that person has a history or record of a physical or mental impairment that substantially limited one or more major life activity).
- A person who qualifies under any of the above listed criteria is deemed an individual with a disability for purposes of coverage under Section 188 of WIOA. The federal laws barring discrimination based on disability do contain several exceptions to the definition of “individual with a disability.” These exceptions deal with disorders or diseases that affect job performance and safety -- sexual behavior disorders, current illegal use of drugs, current alcohol abuse, or currently contagious disease or infection.
- DCEO recognizes the following examples of actions considered programmatically discriminatory under Section 188 of WIOA:
- When a qualified person with a disability applies to participate in a WIOA-funded activity and he/she is denied because of his/ her disability;
- When a person with a disability is not given an equal opportunity to get the same results or benefits from a program or activity that people without disabilities receive; and
- When a person or group with a disability is asked to pay any extra fees to cover the extra cost of accommodating their disability.
- EOMC opposes all actions considered discriminatory and unlawful. Even if an individual or entity had not intended to discriminate, the above actions are, by themselves, unlawful and prohibited.
- DCEO advocates for programmatic accessibility awareness by all workforce partners and encourages using taglines that “auxiliary aids and services are available upon request to individuals with disabilities in all of our Illinois workNet Centers” on all printed materials. Auxiliary aids and services are those qualified persons, tools, equipment, or services that effectively deliver materials to persons with disabilities. Recipients are required to furnish appropriate auxiliary aids or services when necessary. The recipient must provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice.
- Recipients should give deference to the request of the person with a disability because:
- There is a wide range of disabilities;
- A person with a disability may or may not be aware of various auxiliary aids and services that are available;
- Personal circumstances affect one’s auxiliary aid or service choice;
- Effectively communicating with persons with disabilities also includes the following:
- Recipients should let interested individuals know of the existence and location of accessible facilities and services;
- When a facility is not accessible or does not provide accessible services, recipients should provide adequate signage at the primary entrance to direct users to where they can obtain information about accessible facilities and services; and
- Recipients must use the international symbol for accessibility at each primary entrance of an accessible facility
- Additional alternative forms of communication provided at the Illinois workNet Centers, include TTY/TDD (NextTalk Services), Braille, Dragon Speak, the Illinois Relay Center, and Interpreter services. These services are described below:
- NextTalk – Individuals with impaired hearing who have questions or require information about WIOA programs are advised to call the number listed on the poster link in the References tab. This number is published on the “Equal Opportunity is the Law” poster that is distributed statewide to all Illinois workNet Centers.
- Illinois Relay Center - The Illinois Relay Service (IRC), also known as Telecommunications Relay Service (TRS), is a free service provided twenty-four (24)-hours a day, seven days a week, providing a communication link between persons using a text telephone (TT) and persons using a standard voice telephone. Specially trained communications assistants relay conversations over the telephone between a person using a TT and a person using a standard voice telephone simultaneously. All calls through the IRC are strictly confidential, as employees may not discuss any information seen or heard as they assist with calls. Communication Assistants will relay entire conversations and there is no record of the call, other than billing data, after the conversation is completed.
- Interpreter Services - DCEO and workNet Centers contact the Illinois Deaf and Hard of Hearing Commission (IDHHC) through their website (see the link in the References tab) for assistance. The State WIOA EO Officer assists managers and staff in making referrals using Illinois’ Interpreter Registry as necessary.
Pre-employment or Pre-training Inquiries
Chapter: 10
Section: 5.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:34:35 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Generally, a recipient may not ask an applicant for employment or training whether he/she has a disability or the nature or severity of a disability, except for the following reasons:
- When a recipient is taking remedial action to correct the effects of past performance;
- When the recipient or the government is attempting to determine the extent to which the recipient has operated its programs in a nondiscriminatory way; and
- When the recipient or the government is collecting EO data.
- The prohibition against asking an applicant about a disability does not apply when such an inquiry is required or necessitated by federal law or regulation. However, before applicants are asked to provide information about their medical condition or history, even if the question is allowable under one of the exceptions, applicants must be:
- Told that the information is being requested on a voluntary basis.
- Informed about the ways in which the information will be used and the narrow circumstances under which the information may be disclosed.
- Recipients may not require pre-employment medical examinations. However, they may condition a job offer on the results of a medical examination to be conducted prior to the individual’s entrance on duty under any of the following circumstances:
- A medical examination is required for that job regardless of disability status;
- Results are not to be used unjustifiably to discriminate based on disability; and
- Information is kept confidential.
Reasonable Accommodation
Chapter: 10
Section: 5.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:35:34 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- While accessibility is proactive, meaning there requires planning before any person with a disability asks to participate in the program. By contrast, reasonable accommodation is reactive as it refers to the actions a program must take at the time that a person with a disability wants to take part in the program or service, based on that person’s individual needs. DCEO adheres to the regulations and provides accessibility for individuals with disabilities and encourages reasonable accommodations for persons with disabilities. Individuals with known disabilities are entitled to reasonable accommodations for the application process or admissions process. Once an applicant with a known disability is admitted, reasonable accommodations are changes that can be made to allow the individual to receive equal benefits. For individuals with disabilities hired to work for the program, reasonable accommodations are changes that can be made to enable them to perform the essential functions of the job.
- EOMC follows a three-phase operational plan to address accommodations as listed below:
- A person with a disability must be accommodated so that s/he can go through the application or admission process.
- When admitted to a program, a person with a disability must receive accommodation to be allowed to receive benefits.
- Once a person with a disability is hired, reasonable accommodations must be made to allow that person to do the job.
- Accommodations vary from person to person and situation to situation. These general principles simply provide a context for understanding how EOMC applies the concept of reasonable accommodation. Requests for reasonable accommodations may be made by the individuals making the request, or their representatives. DCEO requires recipients to provide reasonable accommodations for individuals with disabilities, unless providing the accommodation would impose an undue hardship on the program.
- Undue hardship may result if a requested accommodation requires “significant financial difficulty or expense” to complete. The factors listed below summarize what the recipient must consider in deciding whether an accommodation would impose an undue hardship.
- Factors EOMC and its recipients consider when determining the feasibility of the accommodation include the:
- Type of accommodation asked for;
- Net cost of the accommodation;
- Overall size of the program;
- Overall financial resources; and
- Effect that providing the accommodation would have on the program or facility’s ability to serve other customers and carry out its mission.
- If the recipient decides that a requested accommodation creates an undue hardship, it must take any steps that eliminate the hardship, but that will enable the person with a disability to participate in the program to the maximum extent possible. Additionally, the recipient must prepare a written statement of the reasons underlying their decision and provide a copy of that statement to the person who requested the accommodation. The recipient is obligated to provide reasonable accommodations as expeditiously as possible, but in not more than sixty (60) days from the time that the request is acknowledged, except where structural changes in facilities are necessary.
- If structural changes are necessary, the recipient must develop a transition plan, establishing the steps necessary, including a time frame, to complete the required changes. This plan must be developed in partnership with the individual for whom the accommodation is being designed.
Service Animals
Chapter: 10
Section: 5.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:36:35 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
The Americans with Disabilities Act (ADA) and Illinois law (775 ILCS 30 and Public Act 097- 0956) require that service animals be permitted to accompany persons with disabilities in all areas where members of the public are normally allowed access. In addition, service animals trained to perform tasks for the benefit of a recipient with a disability must be permitted to accompany that recipient at all functions, unless the presence or behavior of the animal compromises the health or safety of the animal or others or fundamentally alters the nature of the program or activity.
Employment Related Provisions
Chapter: 10
Section: 5.7
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:38:06 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The Illinois WIOA program requires its recipients to promote employment opportunities for individuals with disabilities and encourages its recipients to consider qualified individuals with disabilities for their job openings. Each Illinois workNet Center has an operational plan that addresses how these services are accomplished.
- The Department of Human Services (DHS) provides services and activities for individuals with disabilities. DHS is partnered with the Illinois workNet and staff work with the WIOA client case managers, when necessary, to ensure WIOA services are made available. Through this cooperative partnership, evaluation of the clients’ employment capabilities, appropriate work environment, and identification and development of suitable job openings is accomplished. Employment counseling through DHS and LWIAs helps clients recognize vocational options, develop a plan to achieve employment goals, overcome barriers to employment, and adjust to the work environment. Job-ready individuals with disabilities receive consideration for suitable openings in the job matching process.
Confidentiality
Chapter: 10
Section: 5.8
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:39:19 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
-
The State WIOA EO Officer, through the monitoring process, ensures WIOA recipients maintain the confidentiality of medical information provided by applicants and registrants. Some of the items that are reviewed by the State WIOA EO Officer include:
-
The LWIAs develop a written confidentiality policy that specifically addresses medical information and staff has been trained/apprised of the policy;
-
Medical information is maintained in a separate locked container; and
-
Medical information is available only to persons with a need to know as outlined in 32.15 (d) (1 - 4).
-
There are very limited circumstances under which recipients may disclose medical information, including the fact that the participant has a disability. These include the following:
-
Medical information may be disclosed to Supervisors and managers so that they can understand the limitations on activities that the participant or employee can perform and plan accordingly. They would also need disability information to arrange for reasonable accommodation;
-
First aid and emergency personnel need to be told about medical conditions that may require emergency treatment; and
-
Government officials who are investigating compliance with disability nondiscrimination laws should receive medical information if they request it.
-
Recipients must keep disability-related records confidential. This includes records containing information about the results of medical examinations. This means that recipients must keep this information separate from other information about each participant, whether this information is on paper or in an electronic format.
Integration
Chapter: 10
Section: 5.9
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 12/3/2020 10:24:14 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The State provides technical assistance and provides training to recipients to apprise them of their duty to serve individuals with disabilities in the most integrated setting appropriate to that individual.
- IDES remains in full compliance with all requirements Federal and State laws, regulations and internal policies and procedures as they relate to WIOA nondiscrimination regulations, the Rehabilitation Act of 1973 (the Rehab Act), the Americans With Disabilities Act of 1990 (ADA); and, Section 504, as implemented by Title 29, Part 32 of the Code of Federal Regulations; and all other applicable disability laws.
- Through the agency's EO Officer, IDES has advised all employees of the key provisions of the Americans with Disabilities Act (ADA), as amended, and has developed policies and procedures with respect to nondiscrimination based on disability. Key issues addressed therein include: requiring reasonable accommodations and auxiliary aids and services; effective communications; site selection to assure accessibility; and conducting self- evaluations, which include the development of a corrective action plan. Efforts will continue to be made to ensure program and site access to all individuals with disabilities.
- All new employees are required to attend a comprehensive orientation session, where they are made aware of the agency’s commitment to preventing disability-based discrimination and providing reasonable accommodations both in employment and in the delivery of its programs and services. The agency also promotes employment opportunities for individuals with disabilities and regularly encourages employers to consider qualified individuals with disabilities to fill their job openings. IDES cooperates with the Illinois Department of Human Services, Division of Rehabilitation Services (DRS) in providing services/activities to individuals with disabilities under the WIOA State Unified Plan. These include the evaluation of clients’ employment capabilities, identification of the appropriate work environment and identification and development of suitable job openings. Employment counseling through the Office of Rehabilitation Services and the Local Workforce Innovation Areas (helps clients recognize vocational options, develop a plan to achieve employment goals, overcome barriers to employment and adjust to the work environment. Job ready individuals with disabilities receive consideration for suitable openings in the job matching process.
- The agency has taken a number of steps to ensure the confidentiality of employees’ medical records, including the dissemination of clear, written procedures limiting access to such records, as well as the implementation of various administrative practices which isolate these records from others. Specifically, such records are physically kept separate and apart from employees’ personnel files and in locked cabinets with highly restricted access. Only Labor Relations staff and the Human Resources Division have access to the file cabinets containing medical information. They are responsible for making determinations regarding eligibility for disability leaves of absence and ensuring the proper application of the Family and Medical Leave Act. The file cabinets remain locked throughout each day and are only unlocked when labor relations staff need to examine a file. Once the examination of a file is completed, the file is returned, and the file cabinet is once again secured.
- The EO Officer also oversees the ADA Coordinator. This responsibility includes receiving and reviewing requests for reasonable accommodations from IDES employees, applicants and clients. Determinations are made by the EO Officer and appropriate management personnel on a case-by-case basis. In most cases, medical documentation is required to support each requested accommodation when the disability is not obvious. These medical documents are secured within the EO files in locked cabinets. Only designated EO staff have access to these files, which are locked at all times. Further, these locked cabinets are in a locked file room for extra protection.
- Additionally, confidentiality of employees’ medical information is regularly addressed in all supervisory training sessions throughout the agency. Supervisors are instructed to forward all confidential medical records that they receive from employees directly to the Labor Relations office for placement in the secured medical files, or to the EO office when appropriate. Furthermore, confidentiality is addressed in several IDES policies and procedures which are posted on the intranet for IDES’ employees’ easy access.
- The agency also has policies and procedures in place to enforce the provisions of the Americans with Disabilities Act, as amended and Section 504 of the Rehabilitation Act and to provide for reasonable accommodation(s). Section 1205 of the agency’s Policies and Procedures Manual, entitled “Accommodating Individuals with Disabilities,” addresses in detail the agency's ADA policies and procedures. The agency issued a directive requiring the posting of large ADA informational notices at all of its local offices and work sites. (See EO Policies and Procedures 1200 through 1207 in the References tab). Section 1205 also includes provisions entitled, “Auxiliary Aids and Services for Individuals with Impaired Vision/Hearing” and “Individuals with Disabilities that Pose a Direct Threat to Health and Safety.”
- Numerous accommodations have been provided to IDES employees. For example, visually- impaired personnel have been provided with specialized computer programs to enlarge text, and with related equipment to complement the software. IDES has bought ergonomic chairs, sit and stand desks, larger computer monitors, computer software programs, granted flexible schedules, modified work hours and modified break times to name a few.
- Policies and procedures in IDES are available to all employees through the agency’s and the State of Illinois’ Intranet web pages. The agency has an Intranet site which affords employees access to various IDES forms and reports, as well as to all of the department’s policies and procedures. Policies affecting the equal opportunity/ADA programming area are drafted by the EO Office and are circulated throughout the agency for review and comment. Once all technical and programmatic staff have reviewed these policies and concurred with them, the final sign-off of all such policies rests with the agency director.
- Services to the Public
- Acquisition of Equipment or Devices
- The agency is required to comply with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA), as amended, both of which prohibit discrimination on the basis of disability. The regulations of the U.S. Department of Labor provide that "A recipient must take appropriate steps to ensure that communications with individuals with disabilities such as beneficiaries, registrants, applicants, eligible applicants/registrants, participants, applicants for employment, employees, members of the public and their companions are as effective as communications with others." (29 CFR 38.15(a)).
- Auxiliary aids and services are available upon request to individuals with disabilities. Such auxiliary aids include, but are not limited to: sign language interpreters, readers, audio texts, large print and other methods of communication for persons with a physical or mental condition which includes conditions which effect vision or hearing. Each of these is designed to ensure their receipt of essential information regarding the agency's services, programs, policies and procedures, and particularly those that pertain to their eligibility and appeal rights. Such aids and devices are also available for employees to ensure effective communication regarding common job-related issues, i.e., training, meetings, workshops and interviews.
- The agency is responsible for providing equal and meaningful services to applicants with disabilities and for employees to ensure compliance with the reasonable accommodation provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and the ADA, as amended. Both Section 504 and the ADA mandate that recipients of federal financial assistance provide equal employment opportunities to qualified disabled individuals and to make reasonable accommodations to the known physical or mental limitations of otherwise-qualified disabled individuals, unless the recipient of federal financial assistance demonstrates such accommodation would impose an "undue hardship" on the conduct of its program.
- Inquiries by IDES staff on behalf of applicants with a disability and employees are routinely made in order to determine the type of auxiliary aids needed to ensure full participation in the intake and assessment of the agency's initiatives, services, benefits and programs. This information will also assist in filling job orders of employers listed with the agency under provisions of Section 504 of the Rehabilitation Act of 1973, as amended.
- Local WorkNet Center resource rooms contain assistive technology equipment affording universal access to employment services. This equipment includes Zoom Text and/or JAWS software for screen magnification, text to speech or Braille refresher options, closed circuit monitors and Braille printers for the visually impaired. Additionally, those with hearing/speech impairment have available the Pocket Talker portable amplification device, headsets for PC voice features, access to online services such as unemployment insurance and job listings. The resource room will also provide Trackball ergonomic mouse for those with hand/arm disabilities, large desk top monitors (24” or more) large key ergonomic keyboards and for those who may have language challenges available is the Browse Aloud text to speech translation feature which can translate written text in five different languages. Lastly, IDES will provide a reasonable accommodation not listed above to any qualified applicant seeking benefits, services or access to our programs.
- With funding from American Recovery Reinvestment Act the Department expanded auxiliary services with the purchase of additional software licenses of ZoomText and JAWS and Browse Aloud as well as additional hardware technology purchases for 24” monitors, ergonomic Mouse and Keyboards and assistive listening devices to assist clients with disabilities.
- Text Telephone Teletypewriter (TTY)
A TTY is installed in the agency’s Central Office for persons with impaired hearing, which enables them to certify for UI benefits. Persons with impaired hearing who have questions or require information about agency programs are also advised to call IDES’ Equal Employment Office TTY or call the Illinois Relay Service for assistance. Additionally, a PC software program, NexTalk, is installed in the Office of EO and fifteen of our local offices as well as in our Appeals unit, Benefit Payment Control, Employer Services and Claimant Services. The EO number is published on the ADA poster and in all printed material where general EO information is provided.
- Illinois Relay Service
The Illinois Relay Service, also known as Telecommunications Relay Service (TRS), is a 24-hour per day, seven-day per week service which provides a communications link between persons using a text telephone (TT) and persons using a standard voice telephone. TT's are special typewriter-style devices used by individuals with impaired hearing or speech to communicate by telephone. Specially trained communications assistants relay conversations over a telephone between a person using a TTY and a person using a voice telephone. This is done by communicating simultaneously with both parties. When the person using the voice telephone speaks, the communications assistant types the information to the TT caller. When the TT caller responds, the communications assistant voices the typed information to the person on the standard voice telephone. The EO ADA liaison assists managers and staff. Video Relay Service is also used to provide effective communication between a caller and the Agency where a sign interpreter is used to relay information.
- Interpreter Services
- IDES Bilingual Staff
- In order to ensure compliance with Federal and State Limited English Proficiency laws IDES employs various bilingual employees. IDES determines its bilingual needs based on the surrounding community it is serving among other factors determined by Federal regulations and case law. IDES currently employs approximately 150 bilingual staff.
- Approximately, out of the IDES locations that routinely deal with the public, Chicago Region offices have 69 frontline staff, (20 bilingual Spanish, 1 bilingual Polish, 1 bilingual Chinese); Metro South Region offices have 66 frontline staff, (13 bilingual Spanish); Northern Region offices have 112 frontline staff, (34 bilingual Spanish, 1 bilingual Polish); Northwest Region offices have 92 frontline staff, (13 bilingual Spanish); Southern Region offices have 101 frontline staff (1 bilingual Polish). Further, Lombard and Rock Island call centers have 122 frontline staff, (20 bilingual Spanish, 2 bilingual Polish); Disabled Veterans Outreach Program (DVOP) has 25 frontline staff, (1 bilingual Spanish); Field Audit has 52 frontline staff, (1 bilingual Spanish). In the Chicago central office, Office of the Board of Review (BOR) has 13 frontline staff, (2 bilingual Spanish); Benefit Payment Control (BPC) has 26 frontline staff, (11 bilingual Spanish & 1 bilingual Polish); Employment Services (ES) has 10 frontline staff, (2 bilingual Spanish); Quality Assurance Compliance Review(QACR) has 9 frontline staff, (2 bilingual Spanish); Appeals have 42 frontline staff (1 bilingual Spanish); Human Resources (HR) has 11 frontline staff, (1 bilingual Spanish); Employer Reporting has 19 frontline staff, (1 bilingual Spanish); Collection Enforcement has 19 frontline staff, (1 bilingual Spanish); Labor Exchange/IL JobLink has 6 frontline staff, (1 bilingual Spanish). In addition, Special Population Division has 8 frontline staff with 4 bilingual Spanish in Chicago, Northwest and Southern Regions.
- Propio Language Services
IDES contracts with Propio Language Services to ensure compliance with Federal and State language needs. Propio offers over-the-phone interpreting, in-person interpreting and document translation services between more than 200 languages, serves the healthcare, insurance, call center, financial and government sectors. Propio Language Services is a system of highly-qualified interpreters using technology that will assist persons with barriers of communication in different languages. The technology uses a third party to interpret between the two individuals to translate so that there is no breakdown in the understanding of what is being verbally communicated between the two parties. The service are available 24/7/365 days of the year, with an average connect time of 35 seconds so that everyone who uses this system can have their needs met.
- Illinois Deaf and Hard of Hearing Commission (IDHHC)
- IDHHC is an executive state agency that promotes education and awareness of the legal requirements for effective communication on behalf of people with hearing loss in Illinois. IDHHC provides outreach, education, training and information for individuals with hearing disabilities. IDHHC also maintains a listing of qualified, available sign language interpreters for individuals and businesses to utilize. IDES’ EO Office and other IDES employees contact the Illinois Deaf and Hard of Hearing Commission to arrange for a qualified interpreter should other interpreter services be unavailable. See the link in the References tab.
- If necessary, other sources for sign language interpreters may be used, such as those available through the Chicago Hearing Society and the Chicago Area Interpreter Service (CAIRS). The EO ADA liaison assists managers and staff in making referrals to appropriate sources for local and statewide services.
- Architectural Accessibility
IDES and DCEO works with the Illinois Department of Central Management Services to ensure ADA compliance at the physical location and through its lease agreements. The Illinois Accessibility Code (IAC) (see link in the References tab) provides specifications for State of Illinois leased properties. Furthermore, Disability Navigators from Disability Works, as well as IDES and DCEO EO staff perform routine site visits to ensure facilities remain in compliance with all applicable Federal and State Accessibility requirements.
- IDES Website
- Accessibility for Users with Disabilities
- The IDES website has been designed to be fully accessible to individuals with disabilities. In an effort to address the needs of all users, the Illinois Technology Office has established the Illinois Web Accessibiility Standards (IWAS). On February 14, 2002, the Governor of Illinois signed an Administrative Order (see the link in the References tab) directing Illinois agencies to "utilize the Illinois Web Accessibility Standards for the development of websites, intranets and web-based applications." These standards are based on Federal “Section 508” and World Wide Web Content accessibility guidelines, which were reviewed extensively by a panel of experts during the preparation of IWAS.
- Effective August 20, 2008, The The Illinois Information Technology Accessibility Act (IITAA) (see the link in the References tab) requires Illinois agencies and universities to ensure that their websites, systems and other information technologies are accessible to people with disabilities. While the Americans with Disabilities Act, as amended, and Section 504 of the Rehabilitation Act require the state to address accessibility in general, the IITAA requires the state to establish and follow specific, functional accessibility standards and to address accessibility proactively.
- The IDES website, including the sites for Illinois JobLink (IJL), Labor Market Information and the agency’s internet-based Unemployment Insurance application, were evaluated using the Illinois Information Technology Accessibility Act Web Developer Testing Checklist 1.0 and 2.0 (see the link in the References tab). The agency periodically tests its website to ensure accessibility standards are met and will continue to work with the Department of Information and Technology (DoIT) and the Office of Rehabilitation Services for related technical assistance.
- Accommodating Individuals with Disabilities Policy
- Section 1205 of the agency’s Policies and Procedures Manual addresses the agency’s responsibility for providing reasonable accommodation based on the known disabilities of qualified IDES employees, job applicants, and clients. It is the policy of the agency to comply with, among other Federal and State laws, the Americans with Disabilities Act of 1990 (Titles I and II), as amended, Section 504 of the Rehabilitation Act of 1973 and the Illinois Human Rights Act. IDES will provide reasonable accommodation, upon request, based on the known disabilities of qualified employees, job applicants and clients unless a requested accommodation will impose an undue hardship on agency operations. An individual must request reasonable accommodation and establish that he/she has a qualifying physical or mental disability. Then, if the requested accommodation will not impose an undue hardship, IDES will provide the accommodation that will: (1) enable the qualified disabled employee to perform the essential functions of his/ her job; (2) enable a qualified disabled job applicant to participate in the hiring process; or (3) enable a qualified disabled client to fully access the agency’s benefits, programs and services.
- A qualified individual with a disability may request a specific reasonable accommodation. The request will be considered, but the accommodation that is ultimately offered to the individual will be determined by the agency at its sole discretion. A qualified individual with a disability is not required to accept a particular accommodation, but rejection of an offer of reasonable accommodation may jeopardize the individual’s status as a qualified individual with a disability. A request for reasonable accommodation may be denied if the requesting individual poses a direct threat to the health or safety of himself or others. A reasonable accommodation may also be rescinded by the agency if it later proves to pose an undue hardship or a direct threat to the health or safety of the requesting individual or others, or if the individual no longer qualifies as a person with a disability, or if he/she no longer requires the accommodation.
- Methods of Accommodation
The following are some examples of methods that may be used to reasonably accommodate qualified individuals with disabilities:
- Making existing facilities readily accessible.
- Acquiring and/or modifying equipment or devices.
- Adjusting personnel examinations and/or agency training materials.
- Providing qualified readers or interpreters.
- Making modifications or adjustments to policies and procedures so as to enable a qualified individual with a disability to enjoy equal access to and full participation in, all of the agency’s benefits, programs and services.
- Job Restructuring
Job restructuring is the modification of a job by removing barriers to performance, eliminating nonessential functions and/or exchanging assignments with other employees, so that a qualified person with a disability can perform the essential functions of the job.
- Part-Time or Modified Work Schedules
Part-time or modified schedules may be a form of reasonable accommodation as long as they do not violate the collective bargaining agreements which control the employee workforce. The ADA does not require individuals with disabilities to be granted more paid leave than is granted to employees without disabilities, but a reasonable accommodation may include the provision of additional unpaid leave if doing so does not create an undue hardship on the agency. Reassignment does not include "bumping" employees from their positions to create vacancies for disabled employees. In certain limited instances, employees may be offered alternative employment by referral to the Illinois Department of Central Management Services.
- Adjustments / Modifications of Examinations, Training or Related Materials
The agency will continue to provide reasonable accommodations in this area, for example, by ensuring that training classes are offered at accessible locations and that training materials are made available in accessible formats.
- Agreement Between American Federation of State, County and Municipal Employees (AFSCME) and Central Management Services (CMS)
The Illinois Department of Central Management Services has negotiated a comprehensive collective bargaining agreement with the American Federation of State, County and Municipal Employees (AFSCME) which applies to all Illinois state agencies under the governor’s jurisdiction. Article XXXI, Section 11 of that contract specifically addresses the issue of reasonable accommodation for employees with disabilities. This represents another written policy whereby the State of Illinois has agreed to reasonably accommodate its employees.
- Designation of ADA Liaison
The EO Specialist (ADA Coordinator) serves as the agency’s chief ADA liaison. Additionally, each cost center manager serves as an ADA liaison with respect to reasonable accommodation requests arising in their cost center. The EO/ADA liaison's function is to provide assistance to qualified individuals with disabilities and to assist in the filing of complaints based on the denial of requests for reasonable accommodation, or with regard to complaints of discrimination based on disabilities. Managers and supervisors are required to assist EO with all aspects of the accommodation process, as appropriate.
- Requests for Reasonable Accommodation
- IDES employees who request reasonable accommodation are required to complete specific forms and submit them to the EO Officer for appropriate action. Employees may also submit a request for reasonable accommodation directly to the EO Office. In all instances, cost center managers are given the opportunity to provide input into the decision-making process if the requested accommodation effects the operations of the unit. Internal policies and procedures have been updated to reflect this.
- All requests for a reasonable accommodation must be submitted to the EO Officer whether or not they require an expenditure of funds. Managers do not approve or disapprove an employee's request for a reasonable accommodation. The EO Officer and ADA Coordinator are responsible for reviewing the request and making every effort to respond to the employee within ten (10) working days, when possible, from the date the request is received by the EO Officer. IDES employees who are provided a reasonable accommodation are given a reasonable period of time during regular working hours to familiarize themselves with, and to develop reasonable competency in the use of, any new aids or devices provided to them.
- Acquisition of Equipment or Devices
The equipment and devices that IDES will provide as a reasonable accommodation do not include personal-use items such as hearing aids and eyeglasses. For individuals who are visually impaired, equipment or devices that may be provided include, but are not limited to: adaptive computer hardware and software, electronic visual aids, Braille devices and related material, talking calculators, magnifiers and audio recordings. EO will follow-up with an employee who has been provided equipment or a device as a reasonable accommodation to ensure that the accommodation meets that employee’s needs.
Data and Information Collection and Maintenance - Section 38.41 Through 38.45
Chapter: 10
Section: 6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/15/2020 3:43:07 PM
Version: 3
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
The Code of Federal Regulations (CFR) names three key requirements for Data and Information Collection and Maintenance:
- Each recipient must establish a properly functioning system that will collect data and information in accordance with WIOA regulations.
- DCEO requires both regulatory and discretionary information be provided to verify that the recipient has complied with WIOA regulations.
- All applicants for and recipients of WIOA funding have the responsibility to maintain the confidentiality of information that is collected.
Data Categories
Chapter: 10
Section: 6.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:50:37 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Monitoring activities are critical to identifying discriminatory practices and largely depend on the existence of verifiable applicant and participant data. Data is collected and maintained by race/ethnicity, sex, age, and disability status. All applicant characteristics are collected at point of intake and/or service. Race/ethnicity categories are stipulated through Federal requirements and our data collection efforts reflect the following classifications:
- White; Black or African-American;
- Hispanic or Latino;
- Native American; and
- Asian/Pacific Islander.
- The information is used only for recordkeeping, reporting, determining applicant eligibility, and determining program compliance with nondiscrimination requirements for specified, targeted groups. The collection of data reflects the composition of the LWIA workforce at each geographical location by race/ethnicity, sex, age, disability status, and any other category that DCEO may require.
Illinois Workforce Development System (IWDS)
Chapter: 10
Section: 6.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:51:54 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The Illinois Workforce Development System (IWDS) records and stores WIOA programmatic and demographic data in accordance with guidance from the Office of Employment and Training. IWDS is compliant with 29 CFR 38.42 in the collection of the required EO statistical data at the point in which the job seeker/client is “registered” or the person hired becomes an employee of the agency or its partnerships. Recipients are required to maintain statistical analysis records in accordance with 29 CFR 38.43. Procedures have been enacted for investigating and accessing any significant statistical disparity.
- The annual EO monitoring conducted by the State-Level EO Officer includes a data review and analysis. To ensure that EOMC and its partners are administering its programs and activities in a nondiscriminatory manner, a review of data collected and maintained within IWDS is performed. This review provides a statistical analysis of the data collected and includes an analysis by race/ethnicity, sex, age, disability status, Limited English Proficiency and, preferred language by LWIA. This analysis employs dynamic formulas to compare each group's success rates versus all others to identify any outliers. If an anomaly is found performing the dynamic formula analysis, further analysis is completed using the standard deviation method. This data analysis process will be initially completed for the program year ending June 30, 2019. As EOMC continues to improve our data collection and analysis process, statistical analysis will also be utilized to perform trend analysis to identify potential areas of improvement or opportunities to enhance our outreach efforts.
- A fundamental goal of IWDS is to provide case managers with tools for managing their customers’ programs, by collecting data about the participant’s acceptance rates by race/ethnicity, sex, age, and disability status for those who apply for and receive services funded by WIOA programs. This includes evaluating client eligibility, recording assessment results, developing and implementing service plans, inserting case notes, and exit outcomes. WIOA programs that are monitored include:
- Adult;
- Dislocated worker;
- Youth programs;
- Trade Adjustment Act (TAA);
- Disability Employment Initiative (DEI);
- Rapid Response;
- Workforce Development (WDQI);
- WIF Partners and Regional; and
- National Dislocated Worker Grants (NDWG)
Data Confidentiality
Chapter: 10
Section: 6.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:54:34 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Included in the Department’s Discrimination Complaint Procedures are the laws and regulations that govern the Department’s use of personal information. These policies and procedures are in place to safeguard documentation pertaining to specific job seekers, program participants, enrollees, benefit claimants, employers, and agency/partnership employees. Data is accessible only to authorized personnel needing access to the systems providing direct services. IWDS collects demographic information, as required by USDOL and reflects the composition of each LWIA’s workforce by race/ethnicity, sex, age, and disability status. This information is confidential and used for determining program compliance with nondiscrimination requirements.
- DCEO mandates that all recipients financially assisted under Title I of the WIOA must have in place a written policy regarding who has access to medical information. Records, particularly those containing medical information, are stored in a manner that ensures their confidentiality. Only persons with a need to know will be privy to the information as outlined in 29 CFR 32.15 (d) (1), (2), (3), and (4). All non-medical records are kept in a separate place from records that contain medical information. Medical records might include insurance application forms as well as health certificates and results from physical exams. Within each WIOA recipient grant agreement, records retention and right of inspection clauses are included. At the local level, each LWIA is required to provide a copy of its written procedures, demonstrating data collection, access and maintenance to records meeting the requirements of 29 CFR 38.45. Each grant recipient and sub-recipient is accountable for all funds received and shall maintain for a minimum of three (3) years, following the date of submission by the Grantee of its final expenditure report, all books, records, and supporting documentation necessary to verify the expenditure and use of expended funds.
- Asserted considerations of privacy or confidentiality are not a basis for withholding information from EOMC and will not bar EOMC staff from evaluating or seeking to enforce compliance. Grant applicants and recipients are ultimately responsible.
- Records must be stored to ensure confidentiality;
- Only staff who need to know should have access to records and information; and
- Complainants and those who provide information must be protected against retaliation
Complaint Logs
Chapter: 10
Section: 6.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 11:56:10 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO maintains a confidential discrimination complaint log that includes:
- Complainant name and address;
- Grounds of the complaint;
- Description of the complaint;
- Date filed;
- Disposition and date; and
- Any other pertinent information.
- As required, EOMC maintains the complaint log and actions taken on the complaints for a period of not less than three years from the date of the resolution of the complaint. WIOA regulations grant authority to the CRC Director to require additional information to determine compliance with EO rules:
- Recipients must notify the CRC Director if an administrative action or lawsuit is filed against them alleging discrimination.
- Applicants and recipients must let the CRC Director know the name of any federal agency that has investigated and found the applicant or recipient to be in noncompliance with civil rights procedures if that investigation was within two years prior to the time the WIOA application was filed.
- Each LWIA is required to maintain a Discrimination Complaint Log. The log records pertinent information for all discrimination complaints received and acts as a tracking mechanism for the resolution process. LWIA EO Officers are directed to report all discrimination complaints to the State-Level EO Officer immediately upon receipt and the complete log is required to be submitted within fifteen (15) days of the close of each quarter. All discrimination complaints and subsequent resolution/corrective action, are reviewed during the annual EO review at each LWIA.
- IDES also ensures compliance with its data collection and maintenance requirements under WIOA and federal regulations with the following:
- Consistent with 29 CFR 38.41 – 38.45
The Department of Employment Security collects, analyzes and provides data and reports to the Civil Rights Center in order to determine compliance with nondiscrimination/EO provisions. Data is collected and maintained by race/ethnicity, sex, age and disability status. All applicant characteristics are collected at point of contact, intake and/or service and are consistent with standard EO categories established by the federal government. These include: White, African-American, Hispanic, Native American, and Asian/Pacific Islander. All such information is compiled, stored and maintained by the Department’s Information Services Bureau (ISB) and the Deputy Director of DoIT who has overall responsibility for this support function. Reports are provided to the EO Monitor and EO Compliance Supervisor on a regular schedule. The information is used to determine applicant eligibility and program compliance with nondiscrimination requirements for specified programs, as well as for related recordkeeping and reporting purposes. Additionally, the agency’s Internet-based computer system which matches job seekers with potential employers, Illinois JobLink (IJL), is also used to capture related data. All EO-related data is compiled as it pertains to each local office and is stored for a five-year period. Furthermore, all systems that are used to collect and maintain related EO data are designed to allow for statistical/quantifiable analysis and to ensure confidentiality of the data.
- IJL and ETA 9173 Reports
All employment service data is compiled and analyzed using the Illinois JobLink Tool (IJL). The agency also examines referral patterns pertaining to specific occupations as well as related wage patterns and placements. Also, in IJL the ETA 9173 reports are used to collect and maintain data which is used to evaluate agency services for compliance with nondiscrimination law.
- Illinois Benefit Information System (IBIS)
Unemployment Insurance data, including applicant characteristics, is collected and stored within the agency’s primary computer program, the Illinois Benefit Information System (IBIS). This data is kept for a period of seven years. Statistics on the number of “Lower” and “Higher” level decisions are also kept in the IBIS system.
- Central Complaint Logs
IDES maintains a Central Complaint Log listing all EO-related complaints and specifying the following for each complaint: (a) the name of the complainant; (b) the name of the respondent; (c) the date the complaint was filed; (d) whether the complaint is an Migrant and Seasonal Farmworkers(MSFW) complaint; (e) whether the complaint is ES-related or non-ES- related; (f) if the complaint is ES-related, whether it is employer-related or agency- related; (g) if the complaint is non-ES-related, the information required by subsection 604 of this Part (20 CFR 604); and, (h) the action taken and whether the complaint has been resolved. The procedures related to complaint logs maintained by local offices are detailed in IDES Procedure 7202.351 (ES Complaint Logs).
- Confidentiality of Data Collected
As previously mentioned, all EO-related data that is collected by the agency pertaining to program applicants/participants and applicants for employment is maintained and stored in a confidential manner. Additionally, information regarding race/ethnicity is kept separate from the individual’s other records in order to protect confidentiality. All EO-related data is kept by the agency for at least the minimum-required three-year period..
Governor's Oversight Responsibilities - Section 38.51 and 38.53
Chapter: 10
Section: 7
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 10/19/2020 8:32:04 AM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The State-Level EO Officer has created an in-depth monitoring guide which encompasses the requirements set-forth in 29 CFR 38.51, that requires detailed information for the EO monitoring process. DCEO meets the standards of periodic monitoring set forth by the Code of Federal Regulations (CFR) by providing monitoring information described by the following:
- The procedure for reviewing recipients’ policies and procedures to ensure that these policies and procedures do not violate the prohibitions outlined in Section 188 of WIOA, specifically;
- The written reports prepared for each review. These reports must provide, among other things, that the results of the monitoring activities will be made available to the recipient(s) through a monitoring corrective action letter;
- The involvement of the State and LWIA EO Officer(s) in conducting reviews. Where individuals other than the State or LWIA EO Officers carry out EO monitoring, the narrative should provide the names, job titles and the WIOA organizations in which these persons are employed;
- The level of training provided, and by whom, to these individuals, and how does the State WIOA Officer coordinate the review efforts from start to finish; and
- The procedure for determining which recipients are to be reviewed, the frequency of reviews of recipients and the number of recipients to be reviewed per year.
- Both the State and LWIAs share equal responsibility to monitor for compliance. The monitoring schedule is comprehensive and it involves the State WIOA EO Officer, LWIA Executive Officers/Administrators, key management staff, and LWIA EO Officers. At a minimum, EOMC staff will visit each LWIA site annually and additional visits may be scheduled if the situation warrants ensuring implementation of corrective measures. DCEO imposes specific requirements upon itself as well as the LWIAs for complying with monitoring responsibilities. Each EO monitoring review must include a review of each recipient’s collective EO/ADA internal control programs and operations to determine if:
- The recipient is complying with its administrative obligations under Section 188 of WIOA. Examples of these administrative obligations include designating an EO Officer, notice and communications, reasonable accommodations, confidential information and record protection, tag lines, LEP Program, operability of current assistive technology, bulletin board maintenance, and contractual assurances.
- The recipient is complying with its responsibilities.
- The recipient’s programs and services are free of discrimination practices.
- To make the above assessments ensuring nondiscrimination in EO operations, DCEO’s annual monitoring review includes:
- Conducting EO monitoring/evaluation reviews;
- Evaluating policy development, communication, and training;
- Analyses by race/ethnicity, sex, age, and disability status to determine significant differences; and
- Analyses of record reviews, client interviews and other appropriate methods to determine causes of differences.
- Follow-up investigations are conducted when there are significant demographic analytical differences to determine whether the differences are due to discriminatory conduct or to some other factors. The use of record reviews, client interviews and other appropriate investigation techniques aid in the identification of the potential issues. When WIOA EO/ADA compliance violations are found, DCEO will use appropriate enforcement procedures.
Local Workforce Areas
Chapter: 10
Section: 7.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:03:51 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Each LWIA will monitor their sub-recipients annually and provide DCEO with their findings and corrective actions. Each LWIA is expected to monitor their subrecipients (Illinois workNet Centers, affiliates and training providers) annually, like the method used by the State. LWIA monitors will use similar monitoring tools and processes that the State EO Officers utilize to identify problem areas, operational weaknesses and to develop corrective actions plans. Follow-up visits may be scheduled as necessary to ensure that the appropriate corrective actions were completed. In demonstrating compliance with CRC regulations, it is necessary for an LWIA grant recipient who has received WIOA financial assistance from the State to show its adherence to policies, procedures and systems contained in the State’s Nondiscrimination Plan. Included in the documents section is the monitoring instrument used during on-site monitoring visits to acquire data from the LWIA recipients.
- The monitoring instrument does not create new legal requirements or change current legal requirements, as its purpose is to facilitate an evaluation of the extent to which recipients are complying with the following administrative obligations:
- Designation of State and Local Equal Opportunity (EO) Officers;
- Notice and Communication;
- Review Assurances, Job Training Plan, Contracts and Policies, and Procedures;
- Universal Access;
- Compliance with Section 504;
- Data and Information Collection;
- Compliance Monitoring;
- Complaint Processing Procedures; and
- Corrective Actions/Sanctions.
- DCEO Accessibility Checklist is an extension of the monitoring instrument used to determine compliance with disability requirements found in 29 CFR Part 38 and Section 188. The Accessibility Checklist identifies the basic requirements under Section 188 of WIOA. It includes portions of the regulations that implement Section 504 of the Rehabilitation Act as applicable to LWIA grant recipients concerning the operation of their WIOA programs and activities.
Desk Reviews
Chapter: 10
Section: 7.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:05:10 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Desk reviews begin with a self-evaluation prepared for EOMC by the LWIA EO Officer. Incomplete or incorrect responses to the self-evaluation will, at a minimum, prompt technical assistance and further monitoring. LWIA EO Officers submit self-evaluation reports prior to the on-site monitoring visit to assist DCEO EO monitors conducting their comprehensive review. The desk review will include:
- EO Appointment Letter;
- EO Job Description;
- Agency's Organizational Chart;
- Review of reports from previous nondiscrimination program reports;
- Review of discrimination complaint files;
- Review of compliance monitoring reports prepared by the LWIA EO Officer;
- Review of program accessibility self-evaluation and procedures to ensure compliance with requirements pertinent to individuals with disabilities;
- Review of facility accessibility surveys;
- Website 508 Accessibility;
- 5-Year Marketing Outreach Plans;
- IWDS registration Data using the Standard Deviation Analysis Method; and
- Review of IDES Census Demographic Data.
On-Site Reviews
Chapter: 10
Section: 7.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:06:09 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- On-Site Reviews provide the opportunity to meet and discuss policies, procedures, or issues with top LWIA management and the EO Officer. It may be used to clarify information from the desk review. The primary contact during this phase of the review is the LWIA EO Officer. The site review consists of the following:
- An entrance conference, to include discussion of the results of the desk review;
- Policy and Procedures Review (i.e., EO Program staff training, sexual harassment, complaints, monitoring procedures, LEP, and applicant files reviews);
- Site locations, points-of-contacts and route coordination;
- Website Accessibility;
- Staff surveys and interviews;
- Customer surveys and interviews;
- Facility-accessibility survey review and assessment;
- Review of customer information materials, tag lines, bulletin boards, to include materials in alternative formats and languages other than English;
- Review of community contact programs;
- Complaint-file review;
- Discussion of program intake and assessment processes, to include provisions to serve individuals with disabilities or who are non-English speaking (LEP Program and language cards;
- Contracts and assurances boilerplate clauses and other similar agreements are reviewed to ensure that they are nondiscriminatory;
- Review of EO role-related training and budgets for equal opportunity officers planned and accomplished to date; and
- An exit conference to include a discussion of preliminary findings.
- If technical assistance is necessary, it may be done during the on-site visit as time permits or scheduled at a future date.
Local Monitoring
Chapter: 10
Section: 7.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:07:17 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
Each LWIA EO Officer, using the same monitoring process developed and used at the State level, monitors the activities of the Illinois workNet Center, satellite locations and contractor activities to ensure EO/ADA compliance. The monitoring review process requires written reviews that are kept on file for a minimum of three years. DCEO developed monitoring tools that are useful to ensure a consistent statewide approach to monitoring for nondiscrimination and equal opportunity in the Illinois workNet system.
Monitoring Corrective Action Letter
Chapter: 10
Section: 7.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:08:51 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
DCEO monitors will prepare a monitoring corrective action letter that details the findings and deficiencies identified during the monitoring activities within ninety (90) days. LWIA Directors will be responsible for responding to the letter with a written response to the findings and corrective actions within sixty (60) days. In those situations where there are no findings identified, a “no finding” letter will be sent to the CEO, LWIB Chair and the LWIA Director.
Conducting Follow-Up
Chapter: 10
Section: 7.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:10:00 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
-
Upon receipt of the monitoring report, the LWIA Director will respond to the corrective action identified as to how the LWIA is going to implement the corrective activities described in the monitoring review. This written response is sent to the State WIOA EO Officer for review and approval. If on-site follow-up monitoring determines the causes for the initial finding have not been appropriately corrected, technical assistance is offered and further corrective actions are mandated. In the event follow-up activities are necessary, DCEO EO Compliance Monitors will schedule follow-up visits to ensure that corrective actions have been implemented.
-
IDES has also complied consistently with its obligations to monitor recipients for compliance seen under 29 CFR 38.51 through 38.53. A wide variety of data is collected and used to monitor local IDES offices with respect to both Unemployment Insurance and Employment Service programs. EO Monitors are responsible for evaluating both programmatic and physical accessibility compliance at each local office. Compliance reviews are conducted according to a fixed schedule and apply to both UI and ES programs. Section 1204 of the agency’s Policies and Procedures Manual describes procedures for monitoring of UI/ES programs in all local offices. (See EO Policies and Procedures 1200 through 1207 in the Rerences tab). There are various supporting documents which support this assertion and illustrate IDES’ programmatic and physical monitoring of its local offices.
-
Employment Service Monitoring
Compliance reviews include on-site visits by EO Monitors and the examination of data related to the following services/activities: (1) registration taking; (2) job orders; (3) job referrals; and (4) job placements. Data is also analyzed with respect to UI benefits being granted across all protected EO categories to ensure there is no discriminatory impact on any protected group. Recommendations are made in any case where data indicates there may be a disparity. The data is analyzed as it applies to specific applicant groups according to race/ethnicity, sex, age, disability status, and LEP status. (IDES Local Office Monitor Reports)
-
Illinois JobLink (IJL)
-
An attempt to identify significant statistical variations in the level of Employment Security (ES) service provided to the agency’s customers within the groups referenced above, both the “four-fifth” rule and provisions of the Equal Opportunity Data Requirements for Employment Service are used. To this end, the department has developed Illinois JobLink.
-
The program uses the Employment and Training Administration 9173 statistical tables which are used to identify potential disparities among applicant groups. The tables provide data on the number of registrants, referrals, placements, wage patterns and other applicant services for each local office. The ETA tables evaluate services that different applicant groups receive and how these services affect their employability. The ETA data provides information on race/ethnicity, sex, age, disability status, migrant seasonal farm workers, and veteran applicant groups. ETA also provides a list of specific applicant services and job order information. As stated earlier, both the “four-fifths” rule and standard deviation are used to measure levels of service to applicants. Referrals, placement and wage information are broken down by occupational categories. ETA reports are generated on a regular basis. Additional reports are compiled upon request from the Civil Rights Center.
-
Access to registrations and job orders is also available through Illinois JobLink. Samples of registrations and job orders are reviewed as part of local office monitoring process. The EO Auditing link available in IJL assists EO Monitors to review job orders job descriptions as well as referral and placement activities within the job orders. Applicant referral characteristics are provided within IJL EO Audit features. Additional EO employment service reports are available through the Data Analysis Reporting Tool (DART) as well as Federal reports to Employment and Training.
-
Unemployment Insurance Monitoring
-
Compliance reviews include on-site visits by EO Monitors and the examination of data related to claims taking and adjudication. The data is analyzed as it applies to specific applicant groups according to race/ethnicity, sex, age, and disability status. (IDES Local Office Monitor Reports)
-
As cited in the data and information collection section, data that includes applicant characteristics is collected through the Illinois Benefit Information System (IBIS). Statistical tables on monetary and non-monetary determinations are reviewed, as well as the number of claims processed, separation and non-separation determinations and appeals. All such reviews are conducted for each local office. The IDES Information Systems Bureau provides access to UI data and assists in generating a list of adjudicated cases by applicant groups and specific issues. From the list a sample of cases are selected for analysis. (IDES Local Office Monitor Reports)
-
Unemployment Insurance Appeals Monitoring
The same general process for monitoring and evaluating UI and ES programs is followed with regard to the Appeals divisions on a quarterly basis. Both lower and higher authority decisions are examined to assess if one or more groups have a disproportionate lower number of favorable outcomes. Recommendations to address any issues are made when applicable.
-
Equal Opportunity Monitors (EO)
-
The EO Monitors are under the direction of the EO Officer. The EO Monitors assist in planning and coordinating the monitoring of local office activities to ensure compliance with federal mandates. Principal duties include: performance of statewide on-site visits, development of statistical computer-based reports involving the applications of complex mathematical and statistical methodologies. In addition, EO Monitors utilize mainframe systems and computer software programming language application, data collection, analysis, and report writing. The EO Monitors assist in the implementation, maintenance, evaluation and monitoring of procedures to ensure local offices are in full compliance with federal nondiscrimination requirements found in 29 CFR Part 38. Additional duties include the following:
-
Prepares analysis of findings, using narrative, charts, tables and graphs; presents pertinent information to management through chain of command.
-
Consults with other divisions and the Information Systems Bureau (ISB) to resolve technical problems, especially with regard to integrating the mainframe and PC systems.
-
Makes recommendations to the Local Office staff on how to correct any issues identified in its monitoring of the Local Office.
-
Follows up with the Local Office to ensure that all recommendations are followed and when necessary implemented.
-
Assists in any additional training of Local Office staff when necessary.
-
Section 1204 of the agency’s Policies and Procedures Manual provides a detailed description of the system for monitoring UI/ES offices. Since 1996 on-site reviews have been conducted on a monthly or quarterly basis. The EO office has developed a local on-site review guide which details activities of the EO Monitor when preparing for and conducting the on-site review. (See EO Policies and Procedures 1200 through 1207 in the Rerences tab).
-
The responsibilities of an EO Monitor, when conducting on-site reviews, include the observing intake and referral processes, interviewing local office staff, determining the office's compliance with equal employment opportunity directives such as the posting of required notices and conducting any necessary training regarding Nondiscrimination regulations. On-site visits are also conducted to comply with requests from the Civil Rights Center for specific data on designated offices. The following sequence illustrates the preparatory stages of these reviews as well as activities undertaken while at the local office, and includes all actions through the final report writing:
-
Notification of Local Office On-Site Review
The EO Monitor notifies the local office manager of scheduled site visit and then follows up with a phone call to ensure local office management will be available for the review.
-
Data Collection
-
The EO Monitor collects and reviews census data on local population, civilian labor force and civilian unemployment labor statistics. Data is provided through the Economic Information and Analysis Bureau (EI&A) and is accessible through the IDES web page.
-
The EO Monitor collects and reviews employment service data. Also, reviews data from federal report (ETA 9002). Runs summary tables from IJL program. Reviews data for statistical disparities in referrals, placements and service. The EO Monitor runs detailed reports pertaining to job orders and applicants using the IJL program and requests Ad Hoc reports from IJL for additional detailed data.
-
The EO Monitor collects unemployment data from the Illinois Benefit Information System (IBIS). The EO Monitor requests five summary tables: claims, monetary determinations, non-monetary determinations, separation determinations and non-separation determinations. The EO Monitor creates statistical tables on “allow” rates and “denial” rates.
-
The EO Monitor collects employee staff characteristics of the local office and identifies the number of available employees providing interpretive services.
-
The EO Monitor obtains telephone report from Propio Language Services regarding local office usage of interpretive telephone language services and performs an analysis to determine if our LEP requirements are being sufficiently addressed. (IDES Local Office Monitor Reports)
-
On-Site Review
-
Entrance interview with local office manager/supervisor
-
Review employment service data and statistical disparities.
-
Review unemployment insurance data and statistical disparities.
-
Review availability of assistive devices and software for individuals with disabilities.
-
Desk reviews
-
Request from local office UI manager/supervisor one or two days of applications taken during the last ten (10) days. Select an appropriate number of applications for review.
-
Check UI applications for EO documentation.
-
Check accurate collection of EO data (race/ethnicity, sex, age, and disability status).
-
Request a sample of adjudication cases by applicant characteristics and request Benefit Total Quality (BTQ) reviews for the previous two or three months.
-
Review separation determinations.
-
Review non-separation determinations.
-
Review BTQ cases.
-
Review a random sampling of registrations from the applicant groups and select those that have been identified as having received a disproportionately low number of referrals, placements or services.
-
Review number of skills listed.
-
Review skill experience of applicants.
-
Review services provided to the applicant.
-
Review local office complaint log for past three years.
-
Review facility for accessibility using the following ADA checklist and guidelines.
-
Public Parking; check for adequate parking spaces for the disabled and appropriate signage.
-
Office Entrance; check entrance for accessibility.
-
Universal Signage; identify accessibility and room identification as well as assistance signs.
-
Restrooms: check restrooms for ADA compliance.
-
Public Service Areas; check accessibility to resource rooms, training rooms and other public service areas. Is reception area clearly defined for applicants?
-
Public Telephone; accessibility.
-
Water Fountain; accessibility.
-
Inspection of EO posters, EO pamphlet/notices and ADA poster
-
Are EO Notices (poster) posted in a prominent location?
-
Is EO Notice posted in a language other than English, where appropriate?
-
Are EO Notices (8 ½” X 11” handouts) provided to applicants/the EO Monitor claimants?
-
Is EO Notice available in languages other than English?
-
Is the American with Disabilities Act poster displayed conspicuously?
-
Observation of Staff Interaction with Clients
-
Observe if Benefit Rights are provided to claimants.
-
Observe coaching of applicants registering for employment service Illinois JobLink (IJL).
-
Observe adjudication interviews.
-
Observe language assistance.
-
Local office interviews with selected staff
-
Determine which staff should be interviewed based on local office manager/supervisor description of staff assignments.
-
Selected staff should include employees conducting activities in employment service, veteran’s assistance, unemployment insurance and reception.
-
When possible, selected staff should include females, minorities and persons with disabilities.
-
Exit conference
-
Verbally review local office findings and tentative recommendations with manager/supervisor. Official recommendations from the EO Officer are presented with the final written report. (IDES Local Office Monitor Reports)
-
Draft Final Report with Findings and Recommendations (Report and Corrective Action Plan)
After completion of an on-site review, the EO Monitor prepares a written summary of his/her conclusions and recommendations. A draft report is submitted to the EO Compliance Supervisor and EO Officer for review and approval. The report is then forwarded to the appropriate manager and Operations Deputy Director for response and development of any needed corrective action plan. The corrective action plan, including specific steps to be taken, due dates and identification of each responsible person, is then included in the Final Report. The Final Report is approved by the EO Officer and submitted to the Director. Operations management is responsible for taking appropriate steps to ensure compliance with any related corrective action plan, and the EO Office is responsible for conducting any necessary follow-up. The Final Report includes the following items:
-
On-site review findings and recommendations
-
ADA facility requirements
-
EO posters, EO pamphlets/notices and ADA poster
-
Staff interviews
-
Language assistance
-
Employment Service findings and recommendations
-
Referrals and Placements
-
Wage patterns
-
Non-Service
-
Registrations
-
Job orders
-
Unemployment Insurance findings and recommendations
-
Allow/Denial rates
-
Adjudication reviews
-
EO documentation
-
EO data collection
-
Conducting Follow-Up
-
Operations Bureau formally responds in writing to the recommendations.
A copy of Operation’s response is included in the final report and the report is sent to the EO Officer for review and approval. The Director of the Bureau receives the final report in its entirety.
-
Follow up with local office occurs within scheduled monitoring timetable or as directed by the EO Officer. (IDES Local Office Monitor Reports)
Complaint Processing Procedures - Section 38.72 Through 38.73
Chapter: 10
Section: 8
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/15/2020 3:50:28 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
In Illinois, individuals have the option of filing a discrimination complaint with either the LWIA EO Officer, the State EO Officer, or the CRC; therefore, each LWIA is responsible for creation and implementation of their own complaint processing procedures.
Recipients That Must Comply with Complaint Procedures
Chapter: 10
Section: 8.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:50:36 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- A recipient is any entity that qualifies and receives financial assistance to provide WIOA programs or services. Illinois workNet Center partners are treated as recipients and are subject to the nondiscrimination and equal opportunity requirements based on their participation in the workNet Center delivery system. The list of recipients that must comply with EOMC’s complaint procedures include, but is not limited to:
- State-level agencies that administer WIOA funds;
- State Employment Security Agencies (Unemployment Insurance);
- State and Local Workforce Innovation Boards;
- LWIA Grant recipients;
- workNet Center operators and partners;
- Providers of services, and benefits;
- On-the-job (OJT) employers;
- Center operators (excluding federally operated centers); and
- Placement agencies, including Job Corps contractors that perform these functions.
Key Elements of the Complaint
Chapter: 10
Section: 8.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 12:53:13 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
29 CFR 38.70 outlines specific elements that must be apparent in the recipient’s complaint processing procedures. The procedures must include the following:
- Initial written notice including:
- Acknowledgment of the written complaint; and
- Notice to the complainant of his/her right to be represented in the complaint process.
- Written statement of issues including:
- List of the issues raised in the complaint; and
- Statement whether the recipient accepts the issue for investigation or rejects the issue and the reasons for each rejection.
- Process for investigation or fact-finding:
- The choice to use customary process rests with the complainant.
- Alternative Dispute Resolution (ADR) process:
- Choice for the complainant to use ADR or the customary process; and
- Provision for any party to file a complaint with the CRC Director if ADR agreement is breached.
- Written Notice of Final Action including:
- The recipient’s decision and explanation (investigation or fact-finding) or of the way the parties resolved the issue if using ADR;
- A notice stating that if the complainant is dissatisfied with the recipient’s resolution of the complaint, he or she has the right to file a complaint with CRC within thirty (30) days;
- Notice of Final Action (ninety (90) days); and
- Recordkeeping.
Jurisdiction
Chapter: 10
Section: 8.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:10:21 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Any person, or any specific class of individuals, who believes that they have been or are being subjected to discrimination on the basis of race, color, national origin (including limited English proficiency), religion, sex (including pregnancy, childbirth and related medical conditions, sex stereotyping, transgender status, and gender identity), age, disability, political affiliation or belief, and for participants only, citizenship may file a complaint under WIOA. Examples of typical complainants include, but are not limited to:
- Applicants and/or registrants for aid, benefits, services or training;
- Eligible applicants/registrants;
- Participants;
- Employees;
- Applicants for employment;
- Service providers who may be attributed a racial, national origin or other characteristic entitled to protection under WIOA; and
- Eligible service providers.
- Complainants may file a written complaint either on their own or through a representative. These complaints can take one of three forms: individual, class action or third party. An individual complaint occurs when an individual alleges he had been personally subjected to discrimination. A class action complaint occurs when one or more individuals file the complaint. This action is not only on behalf of themselves, but also on behalf of a group of similarly situated individuals. Class action complainants must have” standing” by being a member of the adversely affected class and have been injured by the alleged discrimination. In addition, all individuals included in the complaint must provide a signed consent document. Class action secures a remedy that eliminates the following:
- Discrimination against person(s) named in the complaint;
- Discrimination against other injured parties, regardless of whether they have been individually named in the complaint; or
- Discrimination caused by a practice or policy.
- Lastly, EOMC accepts third party complaints when an authorized representative of the injured individual(s) alleges discrimination against another group or individual after being subjected to discrimination. The complainant may file a discrimination charge if an organization, such as the National Association for the Advancement of Colored People (NAACP), provides the necessary contact information for the injured party.
Information Required for a Complaint
Chapter: 10
Section: 8.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:14:47 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- A complaint must be filed in writing using the complaint form developed by the State or the CRC’s Complaint Information Form and must contain standard information as described in 29 CFR 38.70:
- Complainant’s contact information;
- The identity of the respondent or entity alleged to have discriminated;
- Correct jurisdiction;
- Timeliness of filing (one hundred eighty (180) days of the alleged incident filing timeframe); and
- A signature from the complainant or their authorized representative.
- It is important that the allegations be described in sufficient detail to determine the apparent merit of the complaint covered by EOMC’s jurisdiction. This means that the allegation of discrimination or complaint, if proven true, would violate WIOA regulations. There is no apparent merit if the allegation of discrimination does not reference a basis prohibited under Section 188 of WIOA. Once the complainant demonstrates apparent merit, EOMC then establishes:
- Written Notification
- A Notice of Receipt will be issued within five (5) working days from the date of receipt of a written complaint. Should the complaint be accepted or rejected for jurisdictional reasons, EOMC will send the complainant a Written Notice of Lack of Jurisdiction including:
- The reason(s) for the determination; and
- Notice that the complainant has a right to file a complaint with the CRC within thirty (30) days of receiving the Written Notice of Lack of Jurisdiction.
- Ninety (90)-day Processing Timeframe
- Within ninety (90) days of receipt of the complaint, EOMC will eitherissue:
- A Written Notice of Lack of Jurisdiction; or
- Refer the complainant to another federal grant-making agency for investigation where there is dual jurisdiction; or
- Issue a Written Notice of Final Action.
- Notice of Complaint Processing Procedures
All Illinois workNet Centers, affiliates, contractors, and partners may access EOMC’s complaint processing procedures on DCEO’s website. Applicants receive a copy and are required to sign a statement indicating they understand the complaint processing procedures. Recipients may receive alternate formats to all handouts upon request. In addition, DCEO’s website provides a link to resources that will tell recipients what to do if they experience discrimination.
Roles and Responsibilities
Chapter: 10
Section: 8.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:14:08 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The State WIOA EO Officer has overall responsibility for developing and implementing complaint procedures, as well as ensuring appropriate complaint processing training to LWIA EO Officers. The State WIOA EO Officer provides oversight, monitoring and technical consultation for the processing of all discrimination complaints regarding WIOA Title I services, including provision of the ADR required under 29 CFR 38.85.
- Responsibilities for LWIA EO Officers include:
- Adopting, publicizing and implementing the state discrimination process in their area in accordance with these regulations;
- Assisting customers in filing a complaint;
- Providing oversight and monitoring for logging, tracking, reporting, and processing of all discrimination complaints filed regarding WIOA Title I services;
- Providing EO guidance to local intake services for discrimination complaints to determine if the complaint is covered by 29 CFR Part 38, resolving jurisdictional issues and, if appropriate, routing the complaint to the appropriate entity for processing;
- Monitoring the activities of the recipient to ensure that nondiscrimination and equal opportunity obligations are not being violated and to review written policies to ensure that those policies are nondiscriminatory;
- The LWIA EO Officer confers with the State WIOA EO Officer promptly upon receipt of the complaint, prior to determining jurisdiction over the matter; and
- Conducting the fact-finding, facilitating mediation, as appropriate, and issuing Notices of Final Action in complaints filed at the local level.
Recordkeeping
Chapter: 10
Section: 8.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:13:34 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Both the LWIA EO Officer and the State WIOA EO Officer shall maintain records regarding complaints and actions taken for three years from the date of resolution of the complaint. All complaints will be annotated on a Complaint Log. The complaint log instructions detail what information is gathered, such as:
- The date the complaint was received;
- The name and address of the complainant; category of complainant (i.e., employee, applicant, participant, client or organization);
- Status of the complaint;
- If this was a DOL funded program;
- Date of alleged discrimination;
- The basis/issue(s) of complaint;
- The name and address of the respondent; category of respondent (service provider, administrative entity, grant recipient or private employer);
- If the complainant is a WIOA recipient;
- Disposition of complaint;
- Date and results of determination; and
- Was ADR used? (Yes/No)
Alternative Dispute Resolution (ADR)
Chapter: 10
Section: 8.7
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:15:40 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
ADR consists of a variety of approaches and techniques for dispute resolution that include coaching, facilitation, mediation, and arbitration. Each ADR technique provides an opportunity to discuss and consider possible solutions with the assistance of a neutral third party. The Notice of Receipt contains information instructing the complainant of ADR and the options available. If the complainant selects ADR, and the method proves unsuccessful in mitigating their complaint, the complainant can select another technique of ADR. Should a situation arise that necessitates a third-party dispute professional, the Office of Equal Opportunity Monitoring and Compliance will contract with an appropriate service vendor to conduct the ADR activity.
Due Process
Chapter: 10
Section: 8.8
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:16:28 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Upon receiving and processing the complaint, EOMC provides written notice to all parties who have a legitimate interest in the complaint. Regulations require that an “impartial” decision-maker investigate and process complaints. All parties receive due process during the investigative process including:
- Representation;
- Present evidence;
- Question others who present evidence;
- File with CRC when they are not satisfied with an agency’s decision; and
- Decisions should be made strictly based on evidence gathered (no outside factors will be taken into consideration).
Fact Finding/Investigation
Chapter: 10
Section: 8.9
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:17:11 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Both State and LWIA investigators gather information relating to the alleged discriminatory actions during the fact-finding process, including:
- Discussions with the complainant to record all elements of the complaint;
- Interviews with any witnesses or others who have knowledge of the issue involved;
- Review of written and electronic files and records which pertain to the complainant and the alleged discrimination; and
- Interviews with the respondent.
Notice of Final Action
Chapter: 10
Section: 8.10
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:17:56 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- The Complainant receives a written Notice of Final Action within ninety (90) days of the receipt of a complaint. If the investigating authority finds reasonable cause to believe that the respondent has violated the nondiscrimination and equal opportunity provisions of WIOA, the Notice of Final Action shall include:
- The specific findings of the investigation;
- An explanation of the reasons underlying the decision;
- A description of the way the parties resolved the issue;
- The corrective action and timeline; and
- Notice that the complainant has the right to file a complaint with the Civil Rights Center Director within thirty (30) days of the issuance date of the Notice of Final Action if the complainant is dissatisfied.
Retaliation
Chapter: 10
Section: 8.11
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:18:40 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- DCEO has a zero-tolerance policy that prohibits retaliation, intimidation, or reprisal during any protected activity during complaint investigations. Individuals have the right to file complaints if they believe they have been subjected to intimidation, coercion or other threatening behavior because they:
- Filed or threatened to file a complaint;
- Opposed a practice prohibited by the nondiscrimination and equal opportunity provisions of WIOA; or
- Exercised any rights and privileges, including furnishing information to, or assisting in any manner, an investigation, review, hearing or any other activity related to the provisions under 29 CFR Part 38.2.
- In general, EOMC maintains confidentiality regarding the identity of individuals who file complaints, supply information, oppose discriminatory actions or behaviors, or participate in investigations.
- IDES has also implemented policies and procedures to ensure its obligations, with respect to discrimination complaint processing procedures, are in compliance with WIOA and federal regulations. IDES’ Office of Equal Employment Opportunity/Affirmative Action has designated responsibility for the development and implementation of procedures for processing complaints alleging discrimination under the provisions of 29 CFR 38.72 to its Investigations Manager.
- The Illinois Department of Employment Security has adopted and published procedures providing for the prompt and equitable resolution of complaints alleging violations of the nondiscrimination/equal opportunity provisions. The IDES EO Officer has adopted and published the complaint procedures and ensures that they are followed. Furthermore, the EO Office maintains logs of discrimination complaints filed. Such logs contain the name and address of the complainant, basis and description of complaint, date filed, and disposition of complaint. The complaints received are from IDES employees or manager referrals, the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and IDES clients.
- All internal publications reflect the following information: ensure that all timeframes associated with the filing of complaints are spelled out (time frames are currently spelled out in the Affirmative Action Plan); instructions for filing complaints directly with the Civil Rights Center (CRC); the filing of a time extension is granted by the CRC Director; and EO internal policy and procedures for processing complaints ensure that all required information is provided to and obtained from complainant. All external complaints are handled in accordance with Federal and State regulations. The "EO is The Law" poster which is posted in all local offices and other work areas provides detailed instructions for filing complaints.
- The nondiscrimination plan requires the State to describe how it ensures that complaint procedures have been developed and published; provide an initial written notice to the complainant which acknowledges that the complaint has been received; and provide to the complainant a written statement containing a list of issues raised in the complaint. It also requires that: a period of fact-finding or investigation of the complaint occur; a period exists wherein an attempt to resolve the complaint is made; a written notice of final action be provided to the complainant; and along with the notice of final action, a notice that the complainant has a right to an appeal.
- To address these requirements, the IDES’ EO Office developed a formal, detailed, step-by-step approach relative to the management, investigation and disposition of EO cases. The complaint procedures and policy include an Alternative Dispute Resolution process. This formal process is explained in the enclosed policy and procedure sections 1200 and 1201 and adheres to the requirements set forth in the Federal guidelines for The Nondiscrimination Plan. (See EO Policies and Procedures 1200 through 1207 in the Attachments tab.)
Corrective Actions/Sanctions 29 CFR 38.90 Through 38.100
Chapter: 10
Section: 9
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 6/29/2021 3:56:07 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
Recipients determined to be in violation of the nondiscrimination portions of the WIOA because of a discrimination complaint, monitoring reviews or both, are required to take prompt corrective and/or remedial action.
Corrective Actions
Chapter: 10
Section: 9.1
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:21:11 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
A corrective action is required from a recipient when there is probable cause to believe a violation of the nondiscrimination and equal opportunity requirements of WIOA has occurred. A violation is a failure to comply with WIOA regulation and may range in seriousness from an infraction or a technical violation, to a more significant discrimination violation. DCEO recognizes two different types of violations that, if identified, must require corrective actions.
Technical Violation
Chapter: 10
Section: 9.2
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:21:36 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
Technical violations are based on a strict adherence contained within the implementation of the nondiscrimination provisions of 29 CFR Part 38 and to the policy, rules and procedures predicated from all applicable Federal and State laws. For example, a technical violation involving the failure to include tag lines in a communication would result in a corrective action to reissue the communication with the tag lines included.
Whole Relief
Chapter: 10
Section: 9.3
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:22:00 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
Discrimination violations tend to be more serious breaches of regulations and may require more investigation than technical violations. To correct a discrimination violation, the appropriate corrective action shall include provisions to “make-whole relief.” Make-whole relief retroactively provides the victim(s) with whole or full monetary compensation or program services that may have been wrongly denied because of the discriminatory practice by bringing the person to the condition they would be in if, the discrimination had not occurred. Such relief might involve back pay, front pay, retroactive benefits, training or any service discriminatorily denied.
Violation Compensation
Chapter: 10
Section: 9.4
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:22:21 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- Corrective action procedures include the execution of a written agreement or assurance documenting that the violation has been or will be corrected in a timeframe that demonstrates that the corrective action will be completed as soon as possible. The procedures must also include the steps to be taken to ensure that the violation is not repeated. Federal funds may not be used to provide make-whole or any other form of monetary relief. The recipient is obliged to find another financial source, such as local tax dollars, to compensate the victim.
- Both technical and discriminatory violations require corrective actions to be addressed in a timely, appropriate and reasonable manner. An appropriate corrective or remedial action is designed to completely correct each violation. DCEO will seek corrective action from an LWIA in the following circumstances:
- Technical deficiencies such as a failure to follow through on written assurances or a barrier to universal access causing a disparate impact in services;
- Assessment of the circumstances surrounding a complaint and/or grievance and/or the use of desk audits, on-site reviews, investigation or other fact-finding tools in conjunction with the assessment process, reveals barriers to equal opportunity or access to WIOA services; and
- Refusals to implement voluntary corrective action, submit requested data or documentation or provide access to premises or records during a compliance review.
Conciliation Agreements
Chapter: 10
Section: 9.5
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:22:43 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- When it is not possible to immediately carry out or complete a corrective action, a conciliation agreement is required. Examples of this situation include, but are not limited to instance involving:
- Correcting and republishing a brochure to include appropriate language regarding access for individuals with disabilities;
- Developing and delivering an EO training program; or
- Providing whole relief to an individual or group of participants.
- The conciliation agreement must follow the guidelines listed below:
- The agreement must be in writing and describe the violation(s);
- Specify the timeframe for the applied corrective or remedial action
- Be sufficient in scope to avoid reoccurrence
- Institute periodic reporting on the status and allow for enforcement procedures
- The State WIOA EO Officer and/or Local EO officer must follow up to ensure that Prospective Relief Plans and Conciliation Agreements are fulfilled.
Sanctions
Chapter: 10
Section: 9.6
Effective Date: 2/15/2019
Expiration Date: Continuing
Revision Date: 9/9/2020 2:23:04 PM
Version: 2
Status: Current
Tags: Disability,
EO,
Nondiscrimination,
Equal Employment Opportunity,
NDP
- When a recipient does not have the capacity to correct a violation(s), or when it’s clear that the recipient has failed or refuses to do so, DCEO is required to respond by imposing sanctions. EOMC has procedures in place to impose sanctions when all attempts to aid voluntary correction of a violation have failed or when it is apparent that the recipient fails or refuses to correct the violation within the timeframe established. DCEO reserves the right to take enforcement proceedings as approved by the Director of DCEO when corrective actions are not carried out to comply with WIOA regulations include suspension, termination and denial of funding. DCEO explicitly considers sanctions as the actions enforced through judicial process when a recipient refuses or fails to carry out corrective actions.
- Due to either findings of discrimination as part of a complaint investigation, or compliance review, written notifications shall be issued to recipients of their noncompliance. Supportive documentation will indicate findings and methods to accomplish voluntary compliance in a corrective action plan. The State WIOA EO Officer works with the noncompliant entity to establish necessary schedules to correct the violation. In the case of a finding of discrimination, the corrective action plan must provide for whole relief. The State WIOA EO Officer may make recommendations for sanctions to the DCEO Director when the recipient does not comply with the established action plan.
- IDES has also implemented policies and procedures to ensure its obligations under “Corrective Action and Sanctions” Section 38.90 through 38.100 of the federal regulations are followed.
- Summary
- IDES has established procedures for obtaining prompt corrective action and applying necessary sanctions when noncompliance is found with respect to the services, benefits and programs it administers. These procedures have been established with respect to IDES employees as well as IDES itself and address discriminatory noncompliant conduct directed at IDES employees and IDES clients. IDES contractors may also be held accountable by IDES for violations of various Federal and State nondiscrimination and EO statutes and rules.
- Organizational
- Department of Employment Security is organized to provide program services through a system of local offices reporting to six (6) Regional Office Managers, who report to the Executive Deputy Director of Service Delivery. The Department also provides program services via the Internet. The managers of the Department’s Internet services report to the Deputy Director of Department of Information Technology (DoIT). The managers of the Department’s administrative operations report either to the Executive Deputy Director of Administration or to the IDES Director. The Executive Deputy Directors and Deputy Director report directly to the IDES Director, which enables the resolution of complaints and violations quickly at the highest levels of the Department.
- Corrective and remedial action may take place whenever IDES, an IDES employee or an IDES contractor is as the result of an Equal Opportunity Compliance Review or the investigation of a complaint. The Office of Equal Opportunity is responsible for conducting EO Compliance reviews and complaint investigations of alleged discrimination and for issuing notifications of violation when violations are found.
- Violations involving IDES
- Notification will go to the Executive Deputy Director of the affected division as well as to the Department Director. Every IDES employee is required to sign the IDES Code of Ethics. In signing this document, the employee agrees to abide by its terms and conditions, which includes EO, Affirmative Action and Sexual Harassment provisions. Included in the Code of Ethics is a description of the sanctions applied in the event of noncompliance. Additionally, as discussed previously, IDES Policies/Procedures 1200 through 1207 establish procedures for obtaining prompt corrective action and applying necessary sanctions when noncompliance is found with respect to the Department’s nondiscrimination policies. In the event of noncompliance, both the Department and its employees are subject to these noncompliance provisions. Disciplinary actions are described in IDES Policy and Procedures 2002. In the event employees or clients have been found to have been discriminated the EO Officer will make recommendations to the Department for corrective action including training or discipline.
Trade Adjustment Assistance
Chapter: 11
Section: Effective Date: 7/19/2016
Expiration Date: Continuing
Revision Date: 7/22/2021 1:40:31 PM
Version: 1
Status: Current
Tags: TAA
PurposeThe Trade Adjustment Assistance Program (TAA or Trade Program) is a federal entitlement program that assists U.S. Workers who have lost or may lose their jobs as a result of foreign trade. This program seeks to provide adversely affected workers with opportunities to obtain the skills, credentials, resources, and support necessary to become reemployed including job training, income support, job search and relocation allowances, a tax credit to help pay the costs of health insurance, and a wage subsidy to workers fifty (50) years of age and older.
The Trade Act of 1974, P.L. 93-618, has been amended four times since its enactment in January 1975 and has resulted in major changes to the Trade Adjustment Assistance for Workers program (TAA).
Chapter 11 discusses the Trade Adjustment Assistance Program, including participant eligibility, operating instructions, grant administration and reporting, performance reporting and submission procedures for the Participant Individual Record Layout (PIRL), and performance measures.
TAA General
Chapter: 11
Section: 1
Effective Date: 7/28/2009
Expiration Date: Continuing
Revision Date: 11/8/2024 9:32:34 AM
Version: 11
Status: Current
Tags: TAA
Illinois' policy on the Trade Adjustment Assistance program is contained in numerous policy letters, notices, and the operating procedures manual. These documents are being revised into a comprehensive ePolicy Chapter covering all of the Trade Programs, as amended. Until that process is completed, please refer to the appropriate documents listed on the Attachments and on the Notices tabs.
Additional information and ALL of the forms and instructions necessary to provide customers of the Trade Programs with information on the benefits and services available to them respective to the petition for which they are certified can be accessed through the link available on the References tab.