U. S. Department of Labor
Employment and Training Administration
Washington, D.C. 20210
CLASSIFICATION
WIA/Summer Program
CORRESPONDENCE SYMBOL
OYS
DATE
January 31, 2000

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 3-99

TO:         ALL STATE WORKFORCE LIAISONS
            ALL STATE WORKER ADJUSTMENT LIAISONS
            ALL STATE WAGNER-PEYSER ADMINISTERING AGENCIES
            ALL ONE STOP CAREER-CENTER SYSTEM LEADS  
			                 
FROM:	    Lenita Jacobs-Simmons
            Deputy Assistant Secretary
			
SUBJECT:    Program Guidance For Implementation of Comprehensive Youth Services Under the
            Workforce Investment Act During the Summer of 2000

1. Purpose. To provide guidance to States and local areas on how to transition their summer programs to align with WIA requirements by making summer youth employment opportunities part of a comprehensive strategy for youth development. This document also consolidates guidance transmitted through earlier Transition Questions and Answers.

2. References.

  1. Title I of the Workforce Investment Act of 1998;

  2. Interim Final WIA Regulations; 20 CFR Part 664, published at 64 Fed. Reg. 18662, 18713 (April 15, 1999)

  3. WIA Transition Questions and Answers;
    http://www.usworkforce.org

  4. Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)), as amended by the Minimum Wage Increase Act of 1996;

  5. Employment Service Program Letter No. 2-99 (Nov. 5, 1998)Preauthorization of Work Opportunity Tax Credit Program and Authorization of the Tax Credit Program for the Welfare-to-Work Tax Credit; and

  6. Field Memorandum No. 52-99, Options for Submitting Plans for the Youth Activities Portion of the Strategic Five-Year Plan for Title I of the Workforce Investment Act of 1998 and the Wagner Peyser Act.

3. Background. The employment and training system is transitioning from the Job Training Partnership Act (JTPA) to the Workforce Investment Act (WIA). WIA substantially reforms youth programming and places new emphasis on serving youth within a comprehensive statewide workforce development system. Youth Councils will plan for the WIA comprehensive year-round system, the Act requires them to establish linkages with other organizations serving youth in the local area and to coordinate youth services. Services for youth under WIA shift to comprehensive services, with summer youth employment representing one of the ten required program elements that comprise a local area's year-round youth services strategy.

Summer 2000 represents the first summer youth programming conducted under WIA for all States and local areas and the first year since 1964 that a stand-alone summer youth program is not authorized or funded. Program operators under WIA are required to develop strategies for comprehensive programs based on principles such as preparation for post-secondary opportunities, linkages between academic and occupational learning, and connections to the local job market in their youth systems.

The Department recognizes the structural and programmatic challenges posed by transitioning from JTPA to WIA, as well as the decrease in funding to local areas as a result of the 15% set aside funds allocated to the States. This Guidance clarifies WIA requirements, provides information for implementing WIA requirements and identifies additional resources that may be available to local areas for this first summer under WIA.

4. WIA Program Requirements. The summer jobs program for youth has played a prominent role in communities across the country. WIA also recognizes the importance of the summer employment opportunities program element as it is included as one of the ten program elements required by the law.

JTPA provides a foundation to implement principles required by WIA. Both systems rely upon the development of an individual plan based on an objective assessment. Prior JTPA summer guidance has encouraged SDAs to provide academic enrichment, enhance basic educational skills, implement work-based learning and offer life skills training to youth they serve. The latest available data indicates that 67% of all summer participants under JTPA participated in a program that included academic enrichment activities. WIA expands upon and formalizes these successful youth development oriented components into a more complete youth development framework and system. Under WIA, comprehensive youth services consist of ten program elements which can be grouped around four major themes:

5. Transition of Participants. As explained in the WIA transition Q & A's at www.usworkforce.org JTPA funds will become WIA funds on July 1, 2000 and JTPA will be officially repealed. Participants who are continuing services after June 30, 2000 must be grandfathered into WIA. This means that follow-up activities are required for these participants who will be included in performance measures under WIA (see #10 for guidance on how to transition from JTPA competencies to WIA performance measures). These participants can complete services specified in their individual service strategy (ISS), even if that service strategy is not allowable under WIA, or if the participant is not eligible to receive these services under WIA.

If services are completed prior to July 1, 2000, these participants will not be considered as WIA participants. Local areas are reminded that terminating participants on or before June 30th to avoid WIA requirements is not a productive alternative for youth who have not completed their ISS plan, because future services needed by such a participant likely will require re-enrollment under WIA. The choice to prematurely terminate services to a youth in need is contrary to the intent and goals of the legislation.

6. Considerations for Program Design

Continuum of Services
WIA's vision moves the workforce development system away from short term interventions by emphasizing the long term development of young people. This statutory principle does not authorize stand-alone summer programs as in the past and program planners should assess how services are organized for both in-school and out-of -school youth. Program design should reflect an age continuum of services that generally plans for the needs of youth aging through the program. However, flexibility is still needed since the needs of an individual youth may call for an ISS that deviates from the general guidelines established. Therefore, 14-15 year old youth should remain connected to the system through adolescence with the understanding that the relationship of the youth to the system will change as they age. This will be reflected in the intensity and method of delivery of services provided. This continuum of service might include a variety of the ten program elements required by the law.

The emphasis across the country upon increased academic standards serves as the context for building upon linkages with schools to extend and enhance learning opportunities as part of a year-round strategy to improve student achievement through work experience and occupational learning. This strategy could include coordination with existing school-to-work (STW) activities. For example, as youth become older, work readiness and employment may become the primary emphasis. Some communities have found that older youth can be placed in private sector summer employment connected to career interests, with Federal funds used to perform the "intermediary" or connecting activity function. For youth who begin their WIA supported services at 14 and 15 and continue services as they age, high school graduation can mark the beginning of follow-up services as local areas can focus upon building post-secondary educational and training linkages for these better prepared youth or assisting youth to take advantage of employer relationships built over the course of their schooling.

Approaches
As local areas implement summer employment activities as part of WIA, they may choose different approaches for operating summer youth employment activities. The following are viable approaches to summer employment activities under WIA:

Out-of-School Youth
Program design must include serving out-of-school youth (OSY). The law mandates that a minimum of 30% of WIA youth funds shall be used to provide youth activities to OSY. In the past, summer employment programs have received a sizable amount of separate youth workforce development dollars and have typically served in-school youth, particularly 14-15 year olds. Therefore, careful consideration must be given to the construction of a year round program that substantially engages OSY. One strategy is to increase the participation of OSY in summer employment. OSY could participate in summer programming based upon a "work first" model that would include work readiness as a goal. This would allow OSY to earn needed income, acquire work experience and position themselves to receive additional and more advanced training. The emphasis upon work-based learning during summer employment may also serve to re-connect youth with education.

To improve the general recruitment of OSY, local areas may choose to conduct intake at their One-Stop Center. This provides an additional point of entry for youth to participate in summer employment and other WIA program elements and may increase the likelihood of enrolling OSY who no longer have ties to school networks. This strategy has the additional benefit of exposing youth and community members to the resources available at One-Stops. OSY may also enter the system as a result of coordination with the Employment Service, Housing Authorities or juvenile justice system.

Continuous Quality Improvement
Implementing WIA is a building process, and it is anticipated that quality will continuously be enhanced through the experience of running a comprehensive year round program and the evolution of experienced Youth Councils. Realistically, it is not expected that summer 2000 will look the same in subsequent years as models are developed to enact effective year round programs that include summer employment activities as one of the ten required elements. We will examine approaches developed and lessons learned from operating summer employment this year, as well as youth customer satisfaction feedback to further improve programming in the future. This information will be disseminated through the system to improve the quality of future summer programming.

7. Linkages with Schools and School-to-Work. Effective working relationships between local areas and the local school systems are crucial to achieving the goals of enriching the quality of the summer education component, and preserving educational gains made during the summer by providing year-round services to youth. States, local areas, and local school systems should view this year as a partnership building year and further develop productive working relationships to achieve their mutually shared objectives which include, the preparation of all youth for adulthood, successful careers, and lifelong learning. The movement to increase academic standards serves as a natural basis for coordination among local areas and local schools, since youth generally require summer academics to attain basic skills or achieve higher standards.

Local areas and local school systems should work together to assure that youth attain basic skills. In-school youth who are basic skills deficient and served through WIA funding should set and achieve a measurable basic skills attainment. STW resources and partnerships can serve as important links between local areas and local schools to improve student achievement. STW partnerships can help youth acquire critical workplace and education competencies. STW provides continuity between workforce development and education systems while strengthening the impact of both.

8. Follow-up Services. Follow-up services are emphasized as one of the ten required youth program elements. All youth participants must receive some form of follow-up services for a minimum duration of twelve months after exit from one of the ten program elements. As long as youth are receiving WIA or WIA partner services they are considered active participants. Therefore, exit and subsequently follow-up, may not occur for some in-school youth participants until after graduation from high school, (such as 14 and 15 year olds who are returning to school after the summer component). Follow-up services may be provided beyond twelve months at the State or Local Board's discretion. The types of follow-up services provided are determined based on the needs of the individual youth and the objectives set by the Local Board. Local areas have broad discretion in determining the intensity and type of follow-up services.

Given the significant changes required by WIA, it will take time to put in place a structure for each of the program elements and create a smoothly functioning system. Therefore, we expect that follow-up services will evolve over time. Summer 2000 participants enrolled in summer employment opportunities may be provided more limited follow-up services; however, the expectation is that as the system develops, so too will follow-up services.

For the vast majority of youth who have traditionally participated in summer employment activities, (i.e. in-school youth), the scope of these follow-up services may be less intensive or may consist primarily of school-based activities communicated to the local board. Examples of follow-up services which may be conducted include:

Depending upon frequency of services and the cooperative role of other agencies and local schools, these activities need not be resource intensive for the WIA funded entity.

Local areas may also consider leadership development activities as appropriate follow-up activities, provided it does not interfere with regular academic classes. These activities may be coordinated with local schools and include:

These activities may be provided by schools or other community organizations, with the local area providing the referral service, using administrative records or phone calls to the youth.

Local areas may also choose to consider supportive services and work related activities as follow-up activities for OSY served through summer activities and who exit at the end of the summer. Supportive services may include:

Work related follow up activities for OSY may include:

Expenses for such services would count as meeting part of the 30% OSY spending requirement.

9. Leveraging Resources. To sustain summer programming and identify adequate resources to build a year round comprehensive program local boards should leverage both financial and programmatic resources. Early information gathered from select local areas indicates that many areas are planning to serve significantly fewer youth through summer youth employment opportunities. Some local areas are anticipating a decrease in funding available for summer employment opportunities as a result of the 15% state set aside of funds, an expansion of program elements required to fulfill WIA's promise to make available year round comprehensive services, and the requirement to serve 30% OSY. The Department encourages Governors to use the 15% set aside funds to increase funding for youth services in areas with high concentrations of eligible youth. In addition, the Department suggests the following potential resources:

10. WIA Performance Requirements. Unlike the performance measurement system under the Job Training Partnership Act (JTPA) where the summer youth program participants were not included in measuring JTPA youth outcomes, all WIA youth will be measured as part of a comprehensive youth program assessed by the core performance measures for youth.

There are seven core performance measures for youth, four apply to youth 19-21 years old (older youth) and the other three apply to youth 14-18 (younger youth). The attachment discusses each of these measures and their definitions.

It should be noted that performance measurement guidelines are still undergoing development and review, and should not be construed as final. The subsequent discussion of performance requirements is likely to generate questions regarding reporting. Guidance regarding reporting requirements is under development and will be issued at a later date.

11. Job Safety and Health. The Department encourages States to provide local areas with training and/or written materials on workplace safety rules and regulations. Local areas should share safety information with work site supervisors before youth are placed at designated work sites. States and local areas are also reminded to review Federal, State and local safety standards and child labor restrictions. This will help to ensure that participants are not assigned to job activities which violate the standards and/or restrictions. For additional information consult the following websites:

For applicable laws from your State:

For guidance regarding safety/health and rights on the job:

12. Minimum Wage. The provisions under the amendments to the Fair Labor Standards Act (FLSA), which resulted from the Minimum Wage Increase Act of 1996, apply to all participants enrolled in programs operated under WIA. Individuals employed in activities authorized under the Act must be paid at least $5.15 an hour.

13. Action. States should: (a) transmit this guidance to local areas as expeditiously as possible; and (b) instruct local areas to quickly provide relevant guidance to work sites and service providers. Additionally, States are encouraged to: (a) provide technical assistance to local areas by disseminating best practices; and (b) advise local areas of their plans regarding the use of set aside funds as soon as possible to assist local areas in their planning.

14. Inquiries. Questions on this TEGL should be directed to your Regional Office.

 

 

 

 

 

Performance Measures Attachment

NOTE: These performance measurement guidelines
are still undergoing development and review
and should not be construed as final.

WIA Performance Requirements

Under WIA there are seven required core performance measures for youth. Four of these measures apply to older youth (ages 19 - 21): entered employment, retention in employment, earnings change, and credential attainment rate. The other three measures apply to younger youth (ages of 14-18): skill attainment rate, diploma and equivalent attainment rate, and retention rate (refers to retention in employment, post-secondary education, military, qualified apprenticeship, or advanced training). The core performance measures for youth have been defined to reflect the comprehensive services, linkages between summer activities to academic and occupational learning, flexibility of program design, and continuum of services that are called for under the WIA.

Older Youth (age 19-21) Core Performance Measures

Younger Youth (age 14-18) Core Performance Measures

How to Determine Appropriate Youth Measures for Youth

Since there are two sets of measures within the youth funding stream, the following rule applies for those served by the youth funding stream: a youth must be included in the set of measures that applies based on their age at registration (i.e. if a youth is between the ages of 14 and 18 at registration, they will be included in the younger youth measures and a youth between the ages of 19-21 at registration will be included in the older youth measures) regardless of how old the participant is at exit.

Linkages to Partner Services

To encourage integration of services across programs (WIA Title I funded and non-WIA Title I funded) and recognize shared contributions toward outcomes, the following strategy for tracking and reporting on the core measures across programs will be used. WIA Title I funded youth programs can count participants who receive services provided by non-WIA Title I funded school-to-work (i.e., schools) and one-stop partner programs in the WIA core measures as long as the individual has been registered for WIA Title I youth services (all individuals receiving youth services will be registered) and:

Tracking youth across WIA Title I and non-WIA Title I programs can be more effectively implemented in communities with strong school-to-work partnerships linking schools to workforce investment services.

When to Count Outcomes

All of the core measures for youth are assessed at the time a youth exits except the younger youth skill attainment rate. For that measure, positive outcomes are recorded as they occur. The youth has one year from the anniversary of the date the goal was set to achieve the goal.

For the exit based measures, outcomes are determined when the individual leaves the program (i.e. exit). The Department developed a definition of "exiter" to determine when to count an individual in a specified reporting period.

Setting Appropriate Goal(s)

Within the skill attainment rate, three types of skills are being assessed within this one measure: basic skills, work readiness skills, and/or occupational skills. All younger youth who are determined basic skills deficient (defined as an individual who has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test or a comparable score on a criterion-referenced test) must have a basic skills goal that will be held accountable to in the skill attainment rate. In addition to that basic skills goal, the participant may also have a work readiness goal and/or an occupational skills goal. If the participant is not basic skills deficient and therefore does not have a basic skills goal, the individual must have a work readiness and/or an occupational skills goal if they are an in-school youth. If the participant is an out of school youth (not in need of basic skills), it is a local option whether or not a work readiness skills goal and/or an occupational skills goal is necessary. In the example of a younger youth who only participates in the summer activity, exits, and returns to secondary school following the summer activity, if that participant is not deemed to be basic skills deficient, then a work readiness skills goal would be most appropriate for that youth. This work readiness skills goal could be tied to their summer youth experience in order to make it feasible to attain such a goal. If the participant is basic skills deficient, they must have a basic skills goal and it would be more appropriate to continue serving such a participant beyond their summer experience.

Timing of Skill Attainment Measure

For those youth who will have skill attainment goals (see discussion above), at least one goal must be set upon initial assessment of the participant. Once a goal is set, the participant has up to one year to achieve each goal set. Attainment of a goal is counted as it is achieved (i.e. goal attainment counted in the quarter in which the goal was achieved). If the goal is not achieved by the one year anniversary of the dates the goal was set, the failure is counted in the quarter of the anniversary date. New goals may be set as initial goals are achieved; however, each participant is allowed only three goal attainments each year. Participants may have any combination of the three types of skill goals (three skill goals in the same category, two skill goals in one category and one skill goal in another, or one skill goal in each category, etc.).