WIA Questions and Answers
Questions Regarding Eligibility

Question #1 (9/28/00)
Are we required to collect all the verifications we collected in JTPA?

Response
No, the items that need verified are the eligibility requirements from the law. Guidance Letter 6-2000 addresses eligibility requirements. Guidance letters may be accessed on Ohio Workforce Connection.

Question #2 (9/28/00)
I have looked everywhere but am unable to find the income guidelines for WIA. The only reference I find is to "low income." I assume that means 100% Federal Poverty for all WIA but if we use the TANF dollars in the (backfill), the poverty level is from our county PRC plan. How close am I?

Response
For WIA, "Low Income Individuals" are those who qualify under various criteria as specified in Section 101(25) of the Act. This includes individuals who received income that does not exceed the higher of the poverty line or 70 percent of the Lower Living Standard Income Level. WIA Guidance Letter 7-2000 addresses this subject further. Guidance letters may be accessed on Ohio Workforce Connection.

By documentation, we mean an actual paper document that proves that data element. For example, a copy of the birth certificate would document a person's age.

Question #3 (9/28/00)
Is there a citizenship requirement with WIA? I have a new customer who is eligible for work in the U.S. on a Conditional Resident Alien Card until December, when she hopes to get a permanent Resident Alien Card.

Response
Yes, Section 188(a)(5) of WIA, "Prohibition on Discrimination Against Certain Non-Citizens" states:

"Participation in programs and activities or receiving funds under this title shall be available to 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."

Question #4 (10/12/00)
Section 663.600 in the Federal Register states that if funds are limited priority must be given to public assistance recipients etc., etc., etc. IN THE LOCAL AREA. One of the counties up here thinks maybe that means they can state their priority is to serve residents of their local area. They can't, can they? Anybody who wants to receive services under WIA can go anywhere, can't they. Confirm, please. I love it when I'm right, tho. Why does the Federal Register say that?

Response
At this time services cannot be denied to an individual based on county of residency. It is clear that an individual cannot be denied access to core services since universal access to core services is one of the WIA principles.

In addition to 663.600 of the Federal Register which is cited in your e-mail, there are a number of citations to consider concerning residency as it relates to training services, including:

Sec. 122(e)(4)(B) of the Act - " Individuals eligible to receive training services under 134(e)(4)(d) shall have the opportunity to select any of the eligible providers from any of the local areas in the State, that are included on the list described in subparagraph (A)" (the State list).

663.585 - May individuals choose training providers located outside of the local area?

"Yes, individuals may choose training providers located outside of the local area and may choose any of the eligible providers and programs on the State list."

Addressing consumer choice:

663.440(c) - Indicates that an individual who has been determined eligible for training services may select a provider from the State list of eligible providers after consultation with a case manager. Unless the program has exhausted funds for the program year, the operator must refer the individual to the selected provider, and establish an ITA for the individual to pay for training.

663.420(c) - Stresses that limitations on training services should not undermine the Act's requirement that training services be provided in a manner that maximizes consumer choice in the selection of an eligible training provider.

We agree with you, the question does keep coming up - a focus group will be formed to look into this issue and determine whether guidance will be developed.

Question #5 (12/11/00)
The Final Rule states entities should consider all available sources, excluding loans, in determining an individual's need for WIA funds. The Final Rule also states that individuals are not required to apply for student loans as a condition of WIA.

What do we do if an individual has already assumed a student loan prior to determining the need for WIA funding to attend training. Do we include the student loan in determining the individual's need for WIA assistance and apply the student loan to training costs before WIA funds are utilized? or Do we ignore the student loan and not include it in determining the individual's need for WIA funds to pay for training?

Response
When determining the amount of WIA funds needed for participation in training, loans should not be considered. However, a client may make its own decision to accept or deny the loan based upon the conditions of acceptance of the loan. Participation in a training program funded under WIA may not be conditioned on applying for or using a loan to help finance training costs. (Preamble 49328) "Program operators should consider all available sources of funds, excluding loans, in determining an individual's overall need for WIA funds."

Question #6 (12/11/00)
Are WIA funds to be used to help people advance? Is this with same employer or only with new employer?

Response
Yes, funds may be used to advance individuals. Funds may be used to train an individual working with the same employer or with a new employer. WIA funds may be used for employed workers whose income is less than the minimum amount established by the "self-sufficiency" criteria define by the local area. WIA section 134(d)(3)(A)(ii) requires that employed workers be trained for jobs which will provide them self-sufficiency.

An emphasis on adult programs could be considered to be to help people to advance in their employment. However, the goal of the dislocated worker program might be generalized as attempting to replace a job or replacing lost wages. While the dislocated worker program certainly would like for all dislocated workers to improve, one previous measure of success was a replacement wage at placement which represented at least 90 percent of the wage the individual was earning before being dislocated.

Question #7 (12/11/00)
We have had several calls from interested clients who are attending a course already (example, a lady who is in her 2nd quarter at a proprietary school, receiving Pell but does not receive enough to cover all tuition and books) requesting assistance from the WIA program. This is not the first call with a similar situation. Most have been referred by grandfathered clients or by the schools.

Please provide us with assistance on how to address this issue, it is hard to explain to people the new program when they insist on being served as it was under JTPA.

Response
You need to find out if these individuals are eligible for WIA training. If you can assist the person by placing them in employment, then you should offer them that service. If you cannot place them, then you may want to evaluate their skills to see if they do need additional services. It may be appropriate for you to assist them in a training program, possibly in the one they are currently enrolled. However, if they are placeable, then it becomes their decision to continue in the training program.

Question #8 (12/11/00)
What is the difference between directly linked to employment opportunities in the local and occupations in demand in the local area?

Response
The first phrase, directly linked to employment opportunities in the local area, is used to determine eligibility of the individual enrolled in training services. The second phrase, occupations in demand in the local area, explains that in order to secure training through an Individual Training Account, the training must be in occupations in demand in the local area.

Question #9 (12/11/00)
We will be offering a paid State Tested Nurse Aid Training Program beginning in 2001. How can I find out if this program would be eligible for funding under WIA, JTPA, etc? We are a non-profit., non-denominational assisted living/skilled nursing facility located in Akron, Oh. We have approximately 200 employees - including our home health care division.

Response
JTPA was replaced by the Workforce Investment Act of 1998 (WIA). Section 122 of the WIA discusses the requirements and the process necessary for approval and to be identified as an eligible provider of training services to WIA clients. Also, for specific instruction on how to apply to the on the state list, see the Initial Application Instructions.

An application must be submitted to the local workforce development agency for the local area in which the provider desires to provide training services in the area the provider wants to provide services. You may request additional information and applications from the Director of the Workforce Development Agency for the Akron area. The director is Daisey L. Alford-Smith. Her address and phone number are Summit County Department of Job and Family Services, 47 North Main Street, Bldg. 1, Akron, Ohio 44308. Telephone number: 330-643-7351.

Question #10 (1/9/01)
WIA eligibility looks at individual and family income for the past 6 month period, excluding child support, UI, and old age survivor social security. TANF looks at projected income, not excluding income. If an individual is being served with WIA/TANF (Ohio Option Incentive Funds) and WIA dollars, do we need to look at past and projected income?

Response
The individual must meet the eligibility criteria for the funding source or sources used. If Ohio Option Incentive Funds are being used, the individual must meet the eligibility criteria for Ohio Works First (OWF). If WIA funds are being used, the individual must meet the eligibility criteria for WIA.

Question #11 (1/9/01)
The definition of family is different for WIA vs. TANF. Which definition do we use? For example, if a couple shares a common child, under TANF, they are a family. Under WIA, unless married, they are not a family.

Response
The "family" must meet the eligibility criteria for the funding source used. For OWF funds you must use the OWF definition, for PRC each county would look at their eligibility criteria, and for WIA you would use WIA criteria.