Finding
Finding 5: WTCS used an incorrect definition of eligible individual, adult, and basic skills deficient in their competition materials.
Discussion
Section 203(4) of WIOA defines eligible individual as an individual “who has attained 16 years of age; who is not enrolled or required to be enrolled in secondary school under State law; and who is basic skills deficient; who does not have a secondary school diploma or its recognized equivalent and has not achieved an equivalent level of education; or is an English language learner.” Moreover, section 3(5) of WIOA defines “basic skills deficient” to mean, with respect to an individual “who is a youth, that the individual has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or who is a youth or adult, that the individual is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society.”
WTCS’ grant guidelines states, “An eligible individual is a person who (3) has basic skills deficiencies (including adults with a high school diploma or any other credential who are determined to have deficiencies by a Test of Adult Basic Education (TABE) pre- and/or post-test; an adult who does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education based on the TABE 11/12, CASAS; or an adult who is an English language learner (based on TABE CLAS- E, CASAS, the BEST and/or BEST Plus assessment).” WTCS limited who may be eligible for AEFLA services based on the State’s eligibility criteria – i.e., specifically by applying a definition of “basic skills deficient” that seems to include only those individuals who have been tested using certain testing instruments. WTCS cannot change the WIOA definition of eligible individual by defining “basic skills deficient” in a manner different from how it is defined in WIOA. WTCS must issue guidance to current providers clarifying the terms “eligible individual” and “basic skill deficient” as these terms are defined in WIOA, which will help ensure that it is properly identifying all who may be eligible for AEFLA services.
Both terms, “adult” and “eligible individual,” are separately defined in WIOA. The term adult is defined in WIOA section 3(2) as “an individual who is age 18 years or older.” The term “eligible individual” is defined in WIOA section 203(4) as discussed and set forth above. The State also defines both terms separately in the PY 2021 grant guidelines. The definitions used should be that in section 3(2) of WIOA, which does not include language about where an individual lives. Further, WTCS should not use the defined terms “adult” and “eligible individual” interchangeably with respect to AEFLA implementation. WTCS must include in its grant guidelines the WIOA definitions for the terms “adult” and “eligible individual”. When addressing issues involving AEFLA participants or potential AEFLA participants, the State should be using the defined term “eligible individual”, not “adult”.
Relevant sections of law and regulation
Sections 3(2), 3(4), 3(5), and 203(4) of WIOA