Download Title of Presentation - National Association of State Workforce

Suzanne Simonetta
Chief, Division of Legislation, OUI
US Department of Labor
Middle Class Tax Relief & Job Creation Act of
2012 authorizes states to drug test as a
condition of eligibility UC applicants if:
1. Separated from work due to failure of or failure to
take drug test.
2. Only work suitable for an individual is in an
occupation that regularly conducts drug testing, as
specified by Secretary of Labor in regulation.
• Final rule issued on 8/1/16.
Occupations that regularly conduct drug testing:
Required to carry firearm
In FAA regs (flight crew, air traffic controller, etc.)
In FMSA regs (commercial drivers)
In FRA regs (railroad operating crews)
In FTA regs (public transportation operators)
In PHMSA regs (pipeline operation & maintenance
crews)
In USCG regs (crewmembers & maritime credential
holders on commercial vessels.
Specifically identified in state or federal law
requiring drug testing
No limitation to law in effect on date of NPRM.
Brief update on WIOA
TEGL 7-16: Data Matching to Facilitate
WIOA Performance Reporting
Published in the Federal Register (FR) on August
19, 2016:
DOL only rule
Joint rule (ED and DOL) – Unified & Combined State
Plans, Performance Accountability, & the One-Stop
System Joint Provisions
ED only rules (Voc Rehab, Adult Ed, etc.)
Help job seekers access employment,
education, training and support services
Match employers with skilled workers
Customer-focused one-stop delivery
system
Enhanced & increased coordination
among key employment, education, &
training programs
Focus on performance accountability for
the WIOA core programs:
DOL ES, Adult, dislocated worker & youth
programs
Adult Ed, Voc Rehab, etc.
To achieve this goal, greater emphasis on
performance reporting & evaluations
Use of intra and interstate quarterly wage
records for performance accountability
Complex issues regarding privacy and
confidentiality.
Multiple Federal laws must be considered when
conducting data matching for WIOA reporting
performance.
States may choose to provide greater privacy
and confidentiality protections.
Every program in every state organized
differently.
Overview of the federal laws and
regulations governing the use and
disclosure of records.
Family Educational Rights and Privacy Act (FERPA) at
34 CFR 99
VR regulations at 34 CFR 361.38
DOL regulations at 20 CFR part 603
Options for making disclosures.
Federal privacy law that affords parents the
right to:
have access to their children’s education records,
seek to have the records amended, and
consent to the disclosure of personally identifiable
information from education records, except as provided
by law.
When a student turns 18 years old, or enters a
postsecondary institution at any age, the rights
under FERPA transfer from the parents to the
student (“eligible student”).
A parent or eligible student shall provide
a signed and dated written consent
before a school may disclose education
records, except for specific exceptions.
The exception to consent most
applicable to matching education records
and UC wage records is FERPA’s audit or
evaluation exception.
11
Permits disclosure of PII from education
records without consent to authorized
representatives of state or local
educational authorities.
PII from education records must be used
to audit or evaluate a federal- or statesupported education program, or to
enforce or comply with federal legal
requirements that relate to those
education programs .
Each state designates one or more
agencies or entities responsible for &
authorized under local, state, or federal
law to supervise, plan, coordinate, advise,
audit, or evaluate elementary, secondary,
or postsecondary federal- or statesupported education programs & services
in the state (i.e., state educational agency,
LEA, or state postsecondary commission).
State agencies other than a state
educational agency or state postsecondary
commission might, depending on state
law, also be a “state educational authority”
under FERPA.
LEA is generally considered to be both an
educational agency and a local educational
authority.
State or local educational authority may
designate an individual or entity, including a
contractor or other government agency, to
be its authorized representative.
State or local educational authority may then
disclose PII from education records to its
authorized representative or permit its
authorized representative to obtain access to
PII from education records, without the prior
written consent of the parent or eligible
student.
Used to audit or evaluate a federal- or state-supported
education program, or to enforce federal legal
requirements that relate to those education programs.
Use reasonable methods to ensure to greatest extent
practicable that its authorized representative is FERPAcompliant.
Must be a written agreement between state or local
educational authority and its authorized
representative.
Educational authority must authorize any further
disclosure to be made and ensure that all other FERPA
requirements are met.
Govern protection, use, & release of personal information
held by VR agencies
VR agencies are not considered educational agencies or
institutions under FERPA
Must develop policies & procedures to safeguard
confidentiality of all personal information
No Federal requirement that VR agency obtain informed
written consent from individual prior to releasing personal
information for purposes directly related to administration
of VR program, or for audit, evaluation, or research
purposes
No specific VR content requirements for data exchange
agreements; however, such agreements must be consistent
with statutory & regulatory requirements of 34 CFR 361.38
For WIOA performance purposes, disclosure is
not mandatory, though STRONGLY encouraged.
Permissive to disclose confidential UC info:
Based on informed consent
To public officials for use in performing official
duties.
To agents or contractors of public officials.
20 CFR 603.5(e): Permissible when
authorized by state law
20 CFR 603.2(d)(1): defines “public official”
as “an official, agency, or public entity within
the executive branch of Federal, State, or
local government who (or which) has
responsibility for administering or enforcing
a law, or an elected official in the Federal,
State, or local government.”
20 CFR 603.2(d)(2) - (5) definition includes:
Public postsecondary educational institutions which are part of
the State's executive branch
Public postsecondary educational institutions which are
independent of the State’s executive branch
Publicly governed, publicly funded community and technical
colleges
Performance accountability and customer information agencies
(PACIAs)
The chief elected official of a local Workforce Development
Area
A State educational authority, agency, or institution, as those
terms are used in FERPA, to the extent they are public entities
20 CFR 603.5(e)(1): administration or
enforcement of law, or the execution of the
official responsibilities of a federal, state, or
local elected official
20 CFR 603.5(e)(2): includes use of confidential
UC information for WIOA performance
accountability purposes
Only public postsecondary educational
institutions that fit 603.2 definition of public
official may receive confidential UC info
All other education service providers may
receive only aggregate information, unless they
obtain a written, signed informed consent for
each individual whose information is being
sought
Permitted under 20 CFR 603.5(f).
Data sharing agreement must hold public
official responsible for ensuring that its agent or
contractor complies with all safeguards &
security requirements
Agent or contractor may not redisclose the
information except as permitted by 20 CFR
603.9(c).
RESEA: All UCX & 1/3 most likely to exhaust UC
Integrity Act:
TOP technical fix
SIDES mandate
NDNH required for BPC; required penalties on
employers that fail to report
Performance: DOL authority to mandate use of portion
of admin grant for CAPs, and to provide
awards/incentives
Requires use of P & I funds for UI admin with a portion
for program integrity activities
Prisoner Update Processing System cross-match
Allow use of up to 5% of certain recoveries for integrity
Solvency:
Restore 0.2% FUTA surcharge
Increase TWB to $40,000 in 2018; index to inflation
Decrease effective FUTA rate to 0.167%
Minimum SUTA tax per employee of 0.175%
Apply FUTA credit reduction to augment state TF
balances when AHCM less than 0.5 on 2 consec 1/1
Benefit Requirements:
At least 26 weeks of benefits
Alternative base period
Eligibility of part-time workers
VQ good cause includes family reasons
$5 Billion UI Modernization Fund
Prerequisites:
Broader federal access to wage records
E-filing and/or increased penalties for employer non-reporting
Definition of misconduct that conforms to a DOL model
Must provide for 1 addition benefit expansion:
Expansion of approved training
Max WBA at least 2/3 state AWW
Improve eligibility for temporary workers
Must provide for 2 pro-work reforms:
Progressively more intense reemployment services
Improved reemployment services
Voluntary work-based program for UI claimants
Relocation assistance
Improved data systems/access for perf., research, evals.
Wage Insurance: 2 years up to $10,000 if earn
less than $50,000.
STC
2 more years of reimbursements
2 more years to receive grants
50% federal funding when state triggered on EB
EB
Modify to have 4 13-week tiers
TUR-based triggers: 6.5%, 7.5%, 8.5%, 9.5%
Factor in 3-month TUR & change in TUR in
comparable 3-month period in last 2 years.
Claimants Rights: UIPL 01-16, Change 1
Drug Testing: UIPL 01-15, Change 1
Disclosure to OIG
Reasonable Assurance
Merit Staffing
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