IMMIGRANTS & PUBLIC BENEFITS

Congressional Developments

 

 

Senate HELP Committee passes WIA reauthorization bill; many provisions for LEP persons included
December 4, 2003

The Workforce Investment Act Amendments of 2003 (S. 1627), a bill that would reauthorize the 1998 Workforce Investment Act, has passed the Senate Health, Education, Labor and Pensions (HELP) Committee. S. 1627 is the result of bipartisan negotiations over the summer among HELP Committee staff and includes a number of provisions that would improve job training and adult basic education services for limited English proficient (LEP) persons. When Sen. Mike Enzi (R-WY), a HELP Committee member, introduced S. 1627, he said that the bill "improves upon the existing one-stop career center delivery system to ensure that it can respond quickly and effectively to the changing needs of employers and workers in the new economy and address the needs of hard-to-serve populations." It is unclear when S. 1627, which the committee passed on Oct. 2, will reach the Senate floor.

The following summary of the bill's provisions focuses solely on those that are LEP-related. For an analysis of the complete bill, visit The Workforce Alliance's Web site at www.workforcealliance.org.

TITLE I AMENDMENTS

The amendments to Title I of the act would do the following:

    1. Expand the purpose of the WIA to include, among other goals, providing LEP individuals with skills-including English language skills-that make them employable and eliminating disincentives to train hard-to-serve populations and minority workers.
    2. Create a new definition of "integrated training program," which is a program that combines job training and language acquisition.
    3. Define "youth participant eligibility" for youth activities to include in-school and out-of-school youth who are deficient in basic skills, including English proficiency.
    4. Require states to describe how they will serve hard-to-serve populations in their state plans. 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.
    5. Include the development of strategies to serve hard-to-serve populations as an allowable statewide employment and training activity. Hard-to-serve populations include people who are LEP.
    6. Require the memorandum of understanding (MOU) between the local board and the one-stop center to include information about what methods will be used to meet the needs of hard-to-serve populations at one-stop centers. The current MOU requirement does not address hard-to-serve populations.
    7. Expand "intensive" services to include English acquisition and integrated training programs. The discussion draft defines "integrated training programs" as programs that combine occupational skills training with language acquisition. Current law does not specify that integrated training programs are allowable "intensive" training activities.
    8. Create additional criteria that training providers must meet in order to receive funding under the WIA, among which is having the ability to provide services to hard-to-serve populations.
    9. Expand the allowable statewide workforce investment activities to include developing strategies for effectively serving hard-to-serve populations.
    10. Expands the allowable local employment and training activities to include customer support to hard-to-serve populations.
    11. Include programs that integrate job training and language acquisition as an allowable training activity. Current law does not specify that bilingual training and integrated training are allowable activities. Existing programs that integrate skills training and language acquisition have demonstrated remarkable employment outcomes.
    12. Include low levels of English proficiency in factors that determine adjusted levels of performance. The current performance system creates a disincentive to serve persons who are LEP, because they generally need more intensive training than English-speakers. In order to meet performance measures, many job-training centers serve those most likely to get a job. States currently have to meet performance measures that are negotiated between each governor and the U.S. Dept. of Labor (DOL), taking into account economic conditions and the characteristics of the population. S. 1627 defines those characteristics to include, among other indicators, low levels of English proficiency.
    13. Create incentive grants for states that demonstrate "exemplary performance" in serving hard-to-serve populations. Under current law, bonus grants are awarded only to states that exceed their performance measures. S. 1627 awards grants based on the state's performance in serving hard-to-serve populations.
    14. Create a national demonstration project for "integrated workforce training programs" designed to analyze and provide data on programs that integrate language acquisition and job training. The project would award at least ten grants over a two- to four-year period; $10 million would be allocated for the project. The bill would require the secretary of Labor to report to the Senate and House on the program's effectiveness.

TITLE II AMENDMENTS

The amendments to Title II of the act would do the following:

    1. Revise the purpose of the Adult Basic Skills Education Act. Current law does not include providing services to immigrants or providing for basic English language instruction in the purpose of Title II (Adult Basic Education/ESL) of the act. S. 1627 includes "assisting immigrants who are not proficient in English" within the purpose of this part of the statute.
    2. Include in the list of allowable state leadership activities those activities that would help LEP persons. Activities include:

      - Technical assistance for English language acquisition programs;
      - Integration of literacy and language activities with occupational training and promoting links with employers;
      - Development of curriculum frameworks and rigorous content standards that specify what adult learners should know in the area of language acquisition;
      - Piloting and developing of assessment tools and strategies that identify the needs and capture the gains of students at all levels, with particular focus on students who are LEP; and
      - Development and implementation of programs and services that meet the needs of adults who are LEP.

    3. Require states to report on the number of 16- to 18-year-olds who have enrolled in adult education not later than one year after participating in secondary school education. Educators and advocates are concerned that 16-, 17-, and 18-year-olds have been pushed into adult English as a second language (ESL) programs due to increased demands on high schools to meet the student performance requirements of the No Child Left Behind Act and various state laws. The data collected will be used to assess whether these concerns are justified.
    4. Create additional criteria for providers who wish to receive Adult Basic Education (ABE) funding. Criteria include:

      - The commitment of the provider to serve LEP individuals;
      - Whether local communities have a demonstrated need for language acquisition and civics education programs; and
      - Whether English language acquisition (and other) programs are based on the best practices and research available.

    5. Allow administrative funds to be spent on the development of measurable goals in speaking the English language.
    6. Authorize the National Institute for Literacy to identify research on practices related to English acquisition.
    7. Expand national leadership activities to include developing and replicating best practices, including working with LEP adults.
    8. Amend the ABE funding formula to take into consideration the number and the growth of the population of immigrants in each state. Under current law, LEP persons are not considered in the distribution of ABE funds, even though they are enrolled in ABE programs, such as ESL.

       

 

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