the workforce innovation and opportunity act notices of proposed rulemaking how to make comments...

The Workforce Innovation and Opportunity Act

Notices of Proposed RulemakingHow to Make Comments

Open Comment Period on WIOA NPRMs

April 16 – June 15, 2015

Presenters O Byron Zuidema, Deputy Assistant Secretary of the

Employment and Training Administration (ETA)O Johan Uvin, Acting Deputy Assistant Secretary, Office

of Career, Technical, and Adult Education (OCTAE)O Janet LaBreck, Commissioner, Rehabilitative Services

Administration (RSA)O Mark Greenberg, Acting Assistant Secretary for the

Administration for Children and Families, in the U.S. Department of Health and Human Services

O Melissa Smith, Division Director, Policy Legislation and Regulations, Office of Policy Development and Research, ETA

Welcome from DOL and ED

What is Covered in this Webinar

OBackground on the publicationsOProposed Rules OHow to Use www.Regulations.govOMaking Your Comments ImpactfulOContact Information for the Notice of

Proposed Rulemaking (NPRM)

Five Notices of Proposed Rulemaking

O WIOA – Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions Covering: 20 CFR Parts 676 through 678 and 34 CFR Parts 361 and 463 (Joint DOL-ED)

O WIOA – NPRM (DOL Only) Covering: 20 CFR Part 603, Parts 651 through 654, 658, 675, and Parts 679 through 688

Five Notices of Proposed Rulemaking, cont.

O State Supported Employment Vocational Rehabilitation Services Program (ED only)-State Vocational Rehabilitation Services program and the State Supported Employment Services program, as well as provisions in new Section 511 (Limitations on the Use of Subminimum Wages)

O Miscellaneous Program Changes (ED only) - All other programs authorized under the Rehabilitation Act of 1973 administered by ED—Client Assistance, American Indian Vocational Rehabilitation Services, Protection and Advocacy of Individual Rights, Independent Living Services for Older Individuals Who Are Blind programs, and the discretionary grant programs authorized under title III of the Rehabilitation Act

O Programs and Activities Authorized by the Adult Education and Family Literacy Act (ED only) - Title II of the Workforce Innovation and Opportunity Act

BackgroundO WIOA, signed by PresidentO Departments of Labor and Education engaged

in public consultation process Stakeholder input Webinars Public Meetings

O Departments developed proposed rulesO Departments have recently published proposed

rules as part of the public notice and comment process

Departments of Labor and Education Encourage Your Comments

O We encourage you to comment on the NPRMs.

O Please remember to identify the appropriate RIN on which you are commenting if you submit by mail.

O If you submit by www.regulations.gov, please ensure to select the appropriate Docket ID.

O If you have comments on more than one of the NPRMs, please put your comments for each rulemaking in the appropriate docket.

The Comment Period

OProposed Rules published on April 16, 2015

O June 2015: Public comment period closesOTotal of 60 days for public commentsODepartments analyze all comments and

reconcile revisions, as appropriateOUpon completion of Federal agency

clearance procedures, the Departments will publish final rules

During the Comment Period

O When an NPRM has been issued and public comment period is open Federal staff must protect the integrity of the rulemaking record.

O Federal staff can listen to public reaction, however, all interested individuals or groups are directed to submit comments to www.regulations.gov, officially, as stipulated in the NPRM.

O Only comments received through the formal process can be considered by the agencies in the Notice of Final Rulemaking.

Understanding the Proposed Rules

OUse the Table of ContentsORead the Preamble OThe proposed regulatory text comes after

the Preamble, and begins the citationsOThis is the text we propose to put in the

Code of Federal Regulations (CFR) when the rule is published in final form, unless changed due to comment received.

WIOA – Joint Rule Unified and Combined State Plans, Performance Accountability, and

the One-Stop System Joint Provisions

O Unified and Combined State Plans Under Title I of WIOA (20 CFR Part 676; 34 CFR Part 361, Subpart D; 34 CFR Part 463, Subpart H)

O Performance Accountability Under Title I of WIOA (20 CFR Part 677; 34 CFR Part 361, Subpart E; 34 CFR Part 463, Subpart I)

O Description of the One-Stop System Under Title I of WIOA (20 CFR Part 678; 34 CFR Part 361, Subpart F; 34 CFR Part 463, Subpart J)

Workforce Innovation and Opportunity Act NPRM (DOL Only)

O Covering 20 CFR Part 603, Parts 651 through 654, 658, 675, and Parts 679 through 688

Proposes to implement a number of improvements that WIOA makes to the public workforce system and its delivery of services to jobseekers, workers, and employers. Specifically, the proposed rule would:

O Streamline and strengthen the strategic roles of State and local workforce boards by reducing board size and adding functions that include strategies for meeting the needs of all jobseekers and employers;

O Foster regional collaboration by having local areas plan and coordinate service delivery within a region;

O Emphasize the use of career pathways and sector partnerships to promote

employment in in-demand industries and occupations;

Workforce Innovation and Opportunity Act NPRM (DOL Only)

Cont’d.Covering 20 CFR Part 603, Parts 651 through 654, 658, 675, and Parts 679 through 688

OPromote work-based training by authorizing local areas to provide incumbent worker training and transitional jobs, increasing the reimbursement to employers for on-the-job-training and customized training and by increasing linkages with Registered Apprentices;

OIncrease flexibility by authorizing local areas to transfer up to 100 percent funding between Adult and Dislocated Worker programs; and

ORefocus the youth formula program to serve disconnected youth by requiring a minimum of 75 percent of funds are to be used for out-of-school youth compared to 30 percent under WIA.

State Supported Employment Vocational Rehabilitation Services Program

O Covering 34 CFR Parts 361, 363, and Part 397

O Proposes to implement changes to the State Vocational Rehabilitation Services program and the State Supported Employment Services program, as well as implement provisions in new Section 511 (Limitations on the Use of Subminimum Wages).

State Supported Employment Vocational Rehabilitation Services Program (Con’t)

O Emphasis on the achievement of competitive integrated employment through customized employment, supported employment, and individualized services for individuals with disabilities, including those with significant disabilities;

O Enhance services to students and youth with disabilities by increasing opportunities to practice and improve workplace skills, including internships and apprenticeships;

O Enhance services to individuals with the most significant disabilities, including youth with the most significant disabilities; and

O Expand VR focus on employer engagement to provide work-based learning experiences and identify competitive integrated employment in the job-driven workforce.

RSA Miscellaneous Program Changes

O Covering 34 CFR Parts 367, 369, 370, 371, 373, 376, 377, 379, 381, 385, 386, 387, 388, 389, 390, and 396

O Proposes to implement changes to other Rehabilitation Act programs administered by ED, including Client Assistance, American Indian Vocational Rehabilitation Services, Protection and Advocacy of Individual Rights, Independent Living Services for Older Individuals Who Are Blind programs, and the discretionary grant programs authorized under title III of the Rehabilitation Act.

Programs and Activities Authorized by the Adult Education and Family Literacy Act (AEFLA and Title II of WIOA)

Covering 34 CFR Parts 462 and 463ORevises regulations that have been in place since 2008 related to the Secretary of Education’s authority to approve tests suitable for use in the adult education National Reporting System;

ODefines the purpose of programs authorized by AEFLA; describes the process and requirements for awarding grants and contracts; and clarifies use of funds for new and expanded programs and activities under the law; and

ORemoves and reserves several parts in the CFR related to the adult education program that are no longer in effect.

Publication of the NPRMsO The NPRMs are available on-line at

http://www.regulations.gov, with instructions on how to submit your comments.

To search for NPRMs, you can use:O Regulatory Identification Numbers:

RIN 1205-AB73 FOR ‘DOL Only’ RIN 1205-AB74 for the ‘Joint’ NPRM RIN 1820-AB70 for ‘ED Only’ State Vocational Rehabilitation

Services program; State Supported Employment Services program; Limitations on Use of Subminimum Wage

RIN 1820-AB71 for ‘ED Only’ Miscellaneous Program Changes RIN 1830-AA22 for ‘ED Only’ Programs and Activities

Authorized by the Adult Education and Family Literacy Act

Publication of the NPRMs, (cont.)

O Docket IDs ETA-2015-0001 (DOL Only) ETA-2015-0002 (Joint Rule) ED-2015-OSERS-0001 (‘ED Only’ State Supported Employment

Services Program) ED-2015-OSERS-0002 (‘ED Only’ Miscellaneous Program

Changes) ED-2015-OCTAE-0003 (‘ED Only’ Programs and Activities

Authorized by the Adult Education and Family Literacy Act)

O Title of the NPRMs

Submitting a Formal Comment O Identify your comments by Regulatory

Information Number RIN 1205-AB73 for ‘DOL only’ and

RIN 1205-AB74 for the ‘Joint’ NPRM. RIN 1820-AB70 for ‘ED Only’ State Supported

Employment Services Program

RIN 1820-AB71 for ‘ED Only’ Miscellaneous Program Changes

RIN 1830-AA22 for ‘ED Only’ Programs and Activities Authorized by the Adult Education and Family Literacy Act

Submitting a Formal Comment

O Submit in one of two ways:

1. Federal e-Rulemaking Portal: www.regulations.gov

2. Certified US Mail/Hand Delivery/Courier as instructed in the NPRMs.

How do I submit a Comment?

O This is described on the regulation.gov ‘help page’ and in the box we circled earlier.

O Click on ‘Comment Now’ button on the search results page. This takes you to the Comment Form, ‘Your Information’ screen.

O Be sure to complete all requested info. O Enter your comment.O You will hit ‘Enter Comment’ or ‘Edit Comment’

Click Comment Now!

Your Comment Receipt

O If you submit your comments using www.regulations.gov, once you submit your comment there will be a viewable “Your receipt” flag.

O Be sure to save the comment tracking number included on this receipt, in case you want to find your submission again.

O You can also receive an emailed copy of your comment receipt.

O There will be a message, “Your email receipt was sent successfully.”

Do My Comments Make a Difference?

A Good Comment O Identify the section from the regulatory text of

the proposed rule on which you are commenting (e.g., 20 CFR 676.100).

O If there are paragraph designations in the text, identify the section and paragraph (for example, 20 CFR 676.100(a)(1)).

O Remember that the preamble language explains why we are proposing something in the regulatory text.

Good Comment (cont.)O If you like something we proposed, tell us what it

is and why you like it. Please be specific.

O If you don’t like a proposal, please identify by section and paragraph, if possible, what you don’t like in the regulatory text and why you don’t like it, (for example, 20 CFR 676.100(a)(1)). Again, please be specific.

O Please provide a recommendation if you are suggesting a change. Explain why you are making the recommendation and how to make it work.

Good Comment (cont.)O If you are commenting on several sections of

the rule at once, please try to organize your comments by section or paragraph so that we clearly understand your comment.

O For example, 20 CFR 676.100(a)(1)).

What Happens NextO Once you submit your comments, we will begin

reviewing and analyzing your comments. We will consider your proposals and make changes to the final rule as appropriate.

O The Departments of Labor and Education encourage you to comment early. This provides an opportunity for others to review your ideas and provide comments in support of your idea or provide a new idea that was sparked by your idea.

Other resources to inform you about the NPRMs

O Department of Labor’s WIOA Resource Page: http://www.doleta.gov/wioa/

O The Department of Education's Rehabilitation Services Administration - WIOA Resource Page: http://www.ed.gov/about/offices/list/osers/rsa/wioa-reauthorization.html

O The Department of Education's Office of Career, Technical, and Adult Education - WIOA Resource Page: www2.ed.gov/aefla

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