WIA bill for LEP persons introduced by Senators Clinton and Ensign
Immigrants' Rights Update, Vol. 17, No. 5, Sept 4, 2003

Senators Clinton (D-NY) and Ensign (R-NV), joined by Senator Bingaman (D-NM), have introduced legislation that will improve job training services and Adult Basic Education (ABE) for immigrants and persons who are limited English proficient (LEP). The Access to Employment and English Acquisition Act (S. 1543), introduced July 31, 2003, would amend the Workforce Investment Act (WIA) by providing incentives for states to help individuals who face language-related barriers to employment and job and by making programs that integrate job training and language acquisition more accessible. Senators Clinton, Ensign, and Bingaman serve on the Health, Education, Labor, and Pensions (HELP) Committee, which is scheduled to reauthorize the WIA this year. The senators will work to incorporate S. 1543 into the WIA bill as it moves through the HELP Committee.

The WIA is scheduled to be reauthorized by Sept. 30, 2003. The House of Representatives passed legislation reauthorizing the WIA on May 8, 2003. The Workforce Reinvestment and Adult Education Act (HR 1261) mainly reflects the administration's priorities for reauthorization and falls short of addressing the needs of LEP job seekers in a meaningful way. But the bill does include some proposals that represent a step in the right direction (see "House Passes Workforce Investment Act Reauthorization Bill," IMMIGRANTS' RIGHTS UPDATE, June 3, 2003, p. 10). Meanwhile, Senate HELP Committee worked throughout the summer recess to draft bipartisan legislation to reauthorize the WIA. The committee released a third "discussion draft" at the end of August, although it acknowledged that not all sections have been agreed upon. NILC submitted comments to the committee on the draft regarding incorporating provisions of S. 1543. It is expected that the bill will be introduced in early September and there is a tentative plan to mark-up the bill on Sept. 24.

The key provisions of S. 1543 are the following:

1. Requirement that states 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, but not persons who are LEP. Including LEP persons will help focus the states' planning efforts to ensure that the unique needs of LEP persons are adequately met.

2. Requirement that states comply with Title VI of the Civil Rights Act of 1964 by requiring "appropriate" translation and interpretation services.

3. 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. S. 1543 defines those characteristics to include, among other indicators, low levels of English proficiency.

4. Incentives to serve "special populations." Under current law, bonus grants are awarded only to states that exceed their performance measures. S. 1543 would also award grants based on the performance of the state in serving "special populations," including LEP persons.

5. Programs that serve LEP persons 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.

6. 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. S. 1543 allows job seekers to enroll in services that best meet their needs. The bill also clarifies that bilingual training or vocational English as a second language (ESL) instruction can count as a training activity.

7. Amended 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. S. 1543 amends the ABE funding formula to include the actual number and percentage growth of state LEP populations with a high school degree.

8. Improved access to 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 (which includes ESL). S. 1543 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.

9. Requires data collection on 16 to 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 they are, what the impact of this trend is on 16 to 18-year-old students, S. 1543 requires data collection and reporting to the U.S. Dept. of Education and to Congress.

Advocates' strategy is to get the provisions of S. 1543 into the HELP Committee bill. Advocates hope to get more cosponsors on the bill to demonstrate that LEP issues are important to the Senate. At this time, it is unclear when the bill will reach the Senate floor. A copy of S. 1543 can be found at http://thomas.loc.gov.