House Passes Workforce Investment Act Reauthorization Bill; Includes Some Improvements For Limited English-Proficient Persons

IMMIGRANTS & EMPLOYMENT

Workforce Development

House passes Workforce Investment Act reauthorization bill; includes some improvements for limited English-proficient persons
Immigrants' Rights Update, Vol. 17, No. 2, June 3, 2003

The House of Representatives has passed legislation reauthorizing the Workforce Investment Act (WIA). The Workforce Reinvestment and Adult Education Act (HR 1261) was passed on May 8, 2003, by a largely party-line vote, with only seven Democrats casting yeas. While HR 1261 falls short of addressing the needs of limited English-proficient (LEP) job seekers in a meaningful way, the bill does include a number of proposals that represent a step in the right direction. One provision of concern is a proposal to block grant adult, dislocated, and Wagner-Peyser funding streams, which would ultimately limit services for all job seekers. On the floor of the House, Texas Democratic Reps. Green, Hinojosa, and Reyes each spoke in opposition to HR 1261 and expressed concern that the bill does not address the needs of immigrants.

Background. The WIA, which replaced the Job Training Partnership Act (JTPA) in 1998, is scheduled to be reauthorized by Sept. 30, 2003. The WIA is the major source of federal funding for most workforce development programs, including job training, adult basic education, and ESL (English as a second language) classes. Unlike the JTPA, the WIA does not have any criteria that require funds to be directed at low-income individuals. Rather, the WIA was conceived as a "one-stop delivery system" where all workers can seek employment, education, and training services at local and regional "one-stop centers." Most one-stop centers have interpreted the WIA as requiring them to place a "work-first" emphasis in the way they deliver services.

Although the WIA's goal is to "improve the quality of the workforce," the law has been ineffective in serving immigrants and LEP persons. Most job seekers have been prevented from participating in training programs under the WIA because of the "work-first" mentality. For immigrants, this inability to receive training is significant. Immigrants who are fluent in English earn approximately 24 percent more than those who lack fluency, regardless of their qualifications. Even when immigrants are given the opportunity to enroll in training programs, there is a dearth of programs that meet their training needs. Most training programs, for example, require an eighth grade English reading level. Extensive research demonstrates that programs that integrate skills training and education with English proficiency are more effective than those providing skills training or education alone.

Overview of HR 1261 Provisions Helpful to Low-Income Immigrants. Provisions in HR 1261 that assist low-income immigrants include the following:

1. Improved access to training services. Training services are currently viewed as a last resort in many states, making it difficult for persons in greatest need of job training to obtain them. HR 1261 includes language about developing strategies for effectively serving "hard-to-serve" populations. The bill also attempts to address the "work first" nature of the WIA by allowing job seekers to directly enroll in training programs if they are "unlikely or unable" to obtain employment through core services. While this language is a good start, the Senate should clarify that "hard to serve" populations include persons who are LEP. Additionally, job seekers should be allowed to enroll in services that best meet their needs and not have to demonstrate that they are "unlikely or unable" to obtain a job without training.

2. Adjusted performance measures that take into consideration low levels of English proficiency. States are currently assessed on their effectiveness in delivering WIA services through a performance accountability system that allows for adjusted levels of performance. Adjusted levels of performance are currently negotiated between each governor and the U.S. Dept. of Labor (DOL), taking into account economic conditions and the characteristics of the population. HR 1261 defines those characteristics to include, among other indicators, low levels of English proficiency.

3. Incentives to serve "special populations." Under current law, bonus grants are awarded only to states that exceed their performance measures. HR 1261 would also award grants based on the performance of the state in serving "special populations," including the level of services provided. The Senate should clarify that special populations include LEP persons.

4. Revision of the purpose of the Adult Basic Skills Education Act. Current law does not include immigrants or learning English in the purpose of Title II (Adult Basic Education/ESL) of the act. HR 1261 includes "assisting immigrants who are not proficient in English" in the purpose of the title.

5. Technical assistance to English language acquisition programs in state leadership activities. Leadership activities are funded by the DOL to "enhance the quality of adult education and literacy programs nationwide." Current law does not include English language acquisition programs as eligible activities.

6. Improved access to Adult Basic Education (ABE) funding for community-based organizations. Current law requires that all eligible providers have "direct and equitable" access to funding under Title II, which funds ABE (including ESL). HR 1261 requires states to include a description in their state plan of how they will ensure direct and equitable access, including how the capacity of community-based organizations will be built. The bill also requires the state, in awarding grants or contracts, to consider the degree to which the provider will serve those "most in need," including individuals who are LEP.

Additional Provisions the Senate Should Include. The following describes additional provisions that should be included in the Senate bill:

1. Require states to describe how they will serve LEP populations in the state plan. Current law requires states to describe how they will serve the employment and training needs of dislocated workers, low-income individuals, homeless individuals, ex-offenders, individuals training for nontraditional employment, and other individuals with multiple barriers to employment (including older individuals), but not persons who are LEP.

2. Require all job seekers to be assessed. Many LEP job seekers do not receive the services they need because their English proficiency is not assessed. To successfully place individuals in appropriate training and education services that will also meet employer demand, it is necessary to require the one-stop delivery system to make accurate assessments.

3. Include programs that serve LEP persons as projects that are eligible for demonstration, pilot, and research funding. Current law does not include programs that serve LEP persons as eligible for this funding. It is critical for programs that integrate language acquisition and job training to be eligible for inclusion in these projects, and to be researched for their effectiveness.

4. Amend the Adult Basic Education (ABE) funding formula. Under current law, LEP persons with a high school degree are not considered in the distribution of ABE funds-even though they are enrolled in ABE programs, such as ESL. In order to meet the demand for ESL, the ABE funding formula should be amended to include the actual number and percentage growth of state LEP populations with a high school degree.

5. Require data collection on 16-18-year-old students. Advocates are concerned that youth are being steered to adult education rather than high school due to the increased demands for better student performance that the "No Child Left Behind Act" has placed on high schools. In order to assess whether these concerns are justified and, if so, the impact of this trend on 16-18-year-old students, the WIA should be amended to require certain data collection and reporting to the U.S. Dept. of Education, and to Congress.

6. Provide better access for community-based organizations (CBOs) to receive Adult Basic Education (ABE) Funding. CBOs often are excluded from ABE funding, which includes ESL, because these funds are funneled directly to the community colleges and K-12 system. ESL classes provided by CBOs generally are funded outside of the ABE system. Many immigrants are more likely to seek services from CBOs that have cultural and linguistic competence, have built trust in the community, and are situated where immigrants live and work. Expanding the funding that is accessible to eligible CBOs providing adult literacy services will improve and expand the services available to persons who are LEP.

Outlook. The Senate Employment, Safety and Training subcommittee in the Senate Health, Education, Labor and Pensions (HELP) Committee is currently developing its proposal for WIA reauthorization. Chairman Enzi (R-WY) has scheduled a hearing for June 18, and the proposal will likely be released this summer. In the meantime, advocates should educate their Senators about the need to improve the WIA to better meet the needs of immigrants and LEP persons. To find out what can be done or for more information on the WIA and immigrants, contact Tyler Moran at moran@nilc.org.