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Notices of Proposed Rulemaking for WIOA Effectiveness in Serving Employers Performance Indicator

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On September 14, 2022, two related Notices of Proposed Rulemaking (NPRMs) were announced, both of which are seeking public comments on proposed rules to establish a definition of Effectiveness in Serving Employers.

The U.S. Departments of Labor and Education announced a Joint rule to incorporate a standard definition for the effectiveness in serving employers performance indicator into the regulations for WIOA core programs. The Labor Department’s WIOA core programs are Adult, Dislocated Worker, Youth, and Employment Service. WIOA core programs in the Department of Education are the Adult Education and Family Literacy Act program and the Vocational Rehabilitation program authorized under the Rehabilitation Act.  

The Department of Labor announced a separate NPRM seeking public comments on a proposed rule that would use “Retention with the Same Employer” as the criterion to measure Effectiveness in Serving Employers for four DOL- administered WIOA title I non-core programs: Indian and Native American Programs, Job Corps, YouthBuild and the National Farmworker Jobs Program. 

The 60-day public comment periods for both NPRMs closes on November 14, 2022. The proposed rules are published in the Federal Register.

A link to the Joint DOL-ED NPRM can be found here: https://www.federalregister.gov/public-inspection/2022-19002/workforce-innovation-and-opportunity-act-effectiveness-in-serving-employers-performance-indicator

A link to the DOL-only NPRM can be found here: https://www.federalregister.gov/public-inspection/2022-19003/workforce-innovation-and-opportunity-act-non-core-programs-effectiveness-in-serving-employers

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