Title II WIOA Proposed Regulation Comments & Recommendations
Question Proposed Rule
(citation & section)
Issue/problem summary
Recommendation about what might make it
work for us?….if you know
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Docket ID ED-2015OCTAE-0003 / Sec.
462.3
Docket ID ED-2015OCTAE-0003 / Sec.
462.40
Changing to English Language Acquisition more accurately
describes the intent of programming and pathways.
Support the change
States, “If a local provider does not post-test a student, the
provider must report that the student has not made an
educational gain.” This seems contrary to the description of
what constitutes a “measurable gain” in Docket No. ETA-20150002, Sec. 677.155(a)(1)(v).
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Docket ID ED-2015OCTAE-0003 / Sec.
462.41
“Test administration will be used to document education or
academic progress under this indicator for purposes of AEFLA.”
Requiring a standardized test with required minimum hours of
attendance goes against pathway acceleration and outcomesbased models that allow students to progress as outcomes are
met rather than based on seat time. Requiring only testing
does not incent accelerated pathway models and is not
supported by research as effective. Testing is a highly costly
process with not value to the student’s pathway.
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Docket ID ED-2015OCTAE-0003 / Sec.
462.43(a)
How an educational gain is measured for AFELA has absolutely
no bearing on a student’s progression along a college and
career pathway or skills development. It serves purely as a way
Recommended change/addition of measures
identified as measures for interim progress of
participants as follows:
(2) attainment of a high school diploma or its
equivalent;
(3) a transcript or report card for either
secondary or post-secondary education for 1
academic year (or 6 semester hours) that shows
a participant is achieving the State unit’s policies
for academic standards;
Recommended change:
Indicators for academic progress for AEFLA
purposes should allow for measuring indicators
that have meaning in an individual’s career
pathway and to employers. This section seems
contrary to the description of what constitutes a
“measurable gain” in Docket No. ETA-2015-0002,
Sec. 677.155(a)(1)(v). We support the additional
options described for measurable gains as
options to standardized testing, (e.g.,
(2) attainment of a high school diploma or its
equivalent;
(3) a transcript or report card for either
secondary or post-secondary education for 1
academic year (or 24 credit hours) that shows a
participant is achieving the State unit’s policies
for academic standards;)
Recommendation
 Instead of counting only a single level gain in
a student’s lowest subject count all level
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Title II (ED-2015-OCTAE-0003) – 6.8.15
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to create targets with no meaning.
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Docket ID ED-2015OCTAE-0003 / Sec.
462.43 (c)
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Docket ID ED-2015OCTAE-0003 / Sec.
462.43 (a)
gains. If a student’s lowest subject is math
they may make 3 or more gains in reading
that allows them to move into college-level
career programs. Because they did not make
a full level gain in math no progression/gain
is recorded. This provides absolutely no
motivation to programs to move students
faster. In addition it does not capture the
total picture of student gains. It has no
meaning.
 The current method of counting only one
gain in the lowest subject area also seems to
set up the possibility for states to game the
system by not registering students for their
lowest subject and registering the only for a
subject area they know they will make gains.
 Employers should have access to testing
results that demonstrate all of an individual’s
skills not just skill in their lowest subject.
 If suggested changes are not made, it is
essential that this be closely monitored to
ensure all states are testing in two subjects.
 In addition, the system needs to identify a
way to include math for ELA students.
Currently they must be registered for ABE
math and if that is their lowest subject at
placement, they show up as an ABE student
and no ELA gains are counted.
“Proposed (Sec.462.43 (c) would allow these States to measure Recommended change: Allow AFELA programs to
and report education gain through the awarding of credit or
use this as a measure of progression as an option
Carnegie units”
along with those described in “measurable gain”
in Docket No. ETA-2015-0002, Sec.
677.155(a)(1)(v).
WIOA continues to distinguish between ELA (ESL) and ABE
Clarification of level gains in the Title II section
students, where the CCRSs do not. Many programs are merging (Docket ID ED-2015-OCTAE-0003 / Sec. 462.43(a)
the two disciplines into a single ELA strand so that all learners
requested.
are on a pathway to a secondary credential at whatever level
Title II (ED-2015-OCTAE-0003) – 6.8.15
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Docket ID ED-2015OCTAE-0003 / Sec.
462.44
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Docket ID ED-2015OCTAE-0003 / Sec.
462.44
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Docket ID ED-2015OCTAE-0003 / Sec.
463.1
Docket ID ED-2015OCTAE-0003 / Sec.
463.24
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they enter. Where the CCRSs currently do not provide for level
standards at ESL 1-3.therefore the recommendations
concerning clarification of level gains in the Title II section
(Docket ID ED-2015-OCTAE-0003 / Sec. 462.43(a)) will be
welcome clarification for our program.
Since the revised EFL descriptors will not be implemented until
the Secretary determines that there will be at least one
assessment is available, how will programs that have transition
to the College and Career Readiness Standards test the higher
level of college readiness outcomes? This greatly slows the
implementation of comprehensive college and career pathway
development.
The biggest problem with the current CCRS is that these
standards do not match up with ESL levels
Recommended Change: Allow the measurable
gains options described in “measurable gain” in
Docket No. ETA-2015-0002, Sec. 677.155(a)(1)(v)
to be used.
Expansion of purposes of AFELA
Recommendation:
Create College and Career Readiness Standards
that address ALL Basic Skills students including
ELA students.
Support the Expansion
Discussion #1: Because WIOA is being implemented over the
next several months, no program will have data based on the
WIOA (§463.22). They will have data from the WIA system in
the first year and add requirements as WIOA phases in.
Recommendation #1: Edit the regulation to
enable programs to demonstrate effectiveness
on the immediate previous reporting period’s
applicable performance measures.
Discussion #2: New applicants who may serve a specialized
population (e.g., English language acquisition, adult secondary)
may not be able to demonstrate effectiveness in all of the
outcomes.
Title II (ED-2015-OCTAE-0003) – 6.8.15
Recommendation #2: Amend the regulation for
“not previously funded programs” to
demonstrate effectiveness for the population
served and for each of the applicable outcomes
in paragraph (a)
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Docket ID ED-2015OCTAE-0003 / Sec.
463.30
Docket ID ED-2015OCTAE-0003 / Sec.
463.30
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Docket ID ED-2015OCTAE-0003 / Sec.
463.31
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Docket ID ED-2015OCTAE-0003 / Sec.
463.32
Section 203(2) of WIOA further adds there new activities
Support the addition
Under WIOA, the program of instruction must also lead to
attainment of a secondary school diploma or its recognized
equivalent and transition to postsecondary education or
training or lead to employment.
We do not feel it is the intent of this provision to prohibit
programs from serving ELA participants who do not have a
diploma, postsecondary or employment goal. In addition,
Steve Reder’s recent monographs prepared for OCTAE (point
out that it takes up to five years for adult education’s effect to
impact an adult learner.
Concerning how English Language Acquisition (ELA) leads to
postsecondary and work
Support the addition
This is critical to the implementation of
comprehensive career pathways.
Discussion #1: The proposed regulation requires States to
have a curriculum aligned with State adult education content
standards. No one has such a curriculum and it will be years in
development. Ergo, States cannot comply with this
requirement.
Discussion #2: Subpart (b) provides an option for evidence as
the provision of supportive services that “means services such
as transportation, child care, dependent care, housing, and
needs-related payments, that are necessary to enable an
individual to participate in activities authorized under this Act.”
(Title I definition # 59) Few programs have the funds to
provide those services.
Discussion #3: For subsection (c), the term “Career Pathways”
is too often equated with secondary bridge and co-enrolled
programs. We believe pathways can begin with beginning
readers. The CCR covers the gamut of learning. To avoid lower
level learners being excluded, OCTAE should emphasize that
pathways cover the spectrum of adult learning.
Title II (ED-2015-OCTAE-0003) – 6.8.15
Recommendation: 463.31 currently reads “(b)
That leads to—“. Amend (b) to read “That
provides opportunities that include but are not
limited to—“
Recommendation #1: Amend to read “….as
evidenced by instruction and instructional
materials aligned with the State adult education
content standards.”
Recommendation # 2: Delete this provision and
substitute “offer case management/navigator
services that enable an eligible individual to
access support in order to attain a secondary
school diploma or its equivalent and transition to
postsecondary education or employment; or”
Recommendation #3: Amend (c) to read: “be
part of a career pathway that includes at lower
levels career-infused provisions including
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Docket ID ED-2015OCTAE-0003 / Sec.
463.33
Inclusion of workforce training as allowable in Integrated
English Literacy and Civics Education (IELCE)
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Docket ID ED-2015OCTAE-0003 / Sec.
463.34
Docket ID ED-2015OCTAE-0003 / Sec.
463.63
Definition of workforce preparation activities
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Docket ID ED-2015OCTAE-0003 / Sec.
463.65
Docket ID ED-2015OCTAE-0003 / Sec.
463.36
States “eliminates the need for it to be authorized and
separately funded annually through the appropriations
process.” Does this mean in the future AEFLA providers will
only have one grant to apply for rather than the two (Master
and ESL/Civics)?
Concerning Integrated Education and Training
In Title I, Subpart E, the definition of “training” includes
providing services to “individuals who are basic skill deficient”
and (D) “Training Services” includes (x) adult education and
literacy activities, including activities of English language
acquisition and integrated education and training programs,
provided concurrently and in combination with services
described in any of clauses (i) through (vii).”
We have a concern that even though Title I has funds to
support training that incorporated adult education activities,
this definition of IET may be interpreted as adult education
paying for occupational training. If that is the interpretation,
there needs to be a caveat similar to the family literacy caveat
of old.
Concerning the requirement that EL Civics funds are only for
educational services delivered in combination with integrated
education and training services—that students must
participate in workforce training while participating in
Title II (ED-2015-OCTAE-0003) – 6.8.15
contextualizing instructions around high demand
jobs in the area, integrating work readiness skills
and integrating career awareness and planning.
Support additions
Highly support the inclusion of those who are
professionals with degrees or credentials and the
inclusion of workforce training. Would support
the inclusion of workforce training as a
requirement.
Support
These are the 21st Century employability skills.
Support
The requirement to only have a single grant
application for AEFLA.
Recommendation: Add the following: “Title I
programs are the experts in training. Title II, in
education. The occupational training portion of
IET should be funded with Title I funds. All
training resources (e.g. Title I, ability to benefit,
employer funding) must be exhausted before
Title II funds can be used for the occupational
training portion of pathway programs.
Recommendation:
The phrase “in combination with” in section
134(c)(3)(D)(x) of WIOA could be further clarified
to not mandate that students participate in
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Docket ID ED-2015OCTAE-0003 / Sec.
463.37(a)(3)
Docket ID ED-2015OCTAE-0003 / Sec.
463.37(a)(3)
Docket ID ED-2015OCTAE-0003 / Sec.
463.73
Docket ID ED-2015-
education. The workforce training activities defined in
134(c)(3)(D) of WIOA seem exclusive to high intermediate and
advanced ESL students. For example, co-enrolled (IBEST like) programs typically serve ESL level 4 and up. CNA
training programs typically only serve ESL levels 4 and up. Even
basic cashiering and customer service training offered at
Goodwill is only for intermediate and advanced students.
Beginning level students are capable of participating in
workforce training, but opportunities for these students don’t
seem to exist.
Concerning IET-integrated
The term “occupational” is appropriate for upper level bridge
programs what focus on one occupation. However, it is not
appropriate for lower level classes and for the many multilevel
part-time satellite classes. Rather the term “employability
relevant instructional materials” captures both the
occupationally specific material for upper level classes as well
as broader career cluster material as well as workforce
preparation materials for other venues.
Discussion #1: Not all corrections facility and other institutions
provide postsecondary education. Ergo the list of academic
programs needs to be suggestive, not mandatory.
Discussion #2: Explanation would be helpful regarding inmates
and the employment requirements in WIOA. For example, are
inmates in the workforce? Are prison jobs considered
“employment?” If a state runs an open competition with
career pathway and employment and transition to
postsecondary components and direct and equitable access
requires all applications to be the same, how do corrections
qualify?
Concerning Integrated English Literacy and Civics Education
The definition of IELCE in WIOA includes the language that
services “may include workforce training.”
Clarification is needed on requirements for providing
Title II (ED-2015-OCTAE-0003) – 6.8.15
education and workforce training AT THE SAME
TIME, but that beginning level students can
participate in education, make a career pathway
plan while they are participating in education,
and then transition to appropriate workforce
training when they reach a level of English that
enables them to benefit from workforce training.
Recommendation: Amend (3) to read “Use
employability relevant instructional materials.”
Recommendation #1: Amend §463.60(b) to read
after “individuals,” instead of “including
academic programs for –“ to “any of the
following academic programs—“
Recommendation #2: Provide non-regulatory
guidance for these issues.
Recommendation: The regulation’s provisions
should honor that definition.
Clarification and Recommendation
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OCTAE-0003 / Sec.
463.74
Integrated English Literacy and Civics Education
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Docket ID ED-2015OCTAE-0003 Title II
463.38
Content Standards
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Docket ID ED-2015OCTAE-0003/Sec.
463.32
Docket ID ED-2015OCTAE-0003/Sec.
463.37
Docket ID ED-2015OCTAE-0003/Sec.
463.73
ELA requirements
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Requirements of integration
Requirements for eligible providers receiving funding for IEL
Civics
Title II (ED-2015-OCTAE-0003) – 6.8.15
Must IELCE students be co-enrolled in basic skills
and workforce training programs that lead to a
certificate or degree or industry credential? We
suggest that on-ramp programming aligned with
the career pathway leading to the certificate be
included. This would allow lower level ELA
students to be on a very defined career pathway
and would accelerate their progression and
completion.
Support:
The use of rigorous and challenging academic
standards and career pathways that
contextualize learning are recognized strategies
to promote readiness for postsecondary
education and work.
Support the requirement; would change the “or”
connecting (a) and (b) to “and” so that meeting
the requirement is (a) AND [(b) or (c)]
Support this regulation
Support this regulation
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