Tracking TAACCCT Employment Outcomes:
Obtaining State Wage Record Data
May 5, 2016
3:00 pm
TAACCCT Learning Network at a Glance
U.S. Department of
Labor, Employment &
Training
Administration
(National)
Jobs for the Future
U.S. National
Science
Foundation
Other Non-Federal
Providers of TA and
Resources for
TAACCCT
Grantees:
Creative Commons
CalState/Merlot
CAST
ATE Centers
The Transformative
Change Initiative
Maher & Maher
American
Association of
Community
Colleges
Presenter
John Heemstra
Grants Manager
Mitchell Technical Institute
Mitchell, South Dakota
Cheryl Martin
Division of Strategic Investments
ETA, Office of Workforce Investments
Suzanne Simonetta
Chief, Division of Legislation
Office of Unemployment Insurance
ETA, USDOL
Agenda Items
• Welcome & Roadmap
• Overview of UC confidentiality & disclosure
requirements
• WIOA & wage record access
• Next Steps
Polling Questions
For each of the following polling questions,
please ensure that only ONE response is
given from your college or consortium.
Polling Question 1:
1. Is your college or consortium able to obtain wage record
data from your State’s UI office or any other state entity
that possess UI wage records?
a. Yes
b. No
Polling Question 2:
2. If you responded “No” to the previous question, please
select from one of the options below that best describes
your grant.
a. Single-State Institution
b. Single-State Consortium
c. Multi-State Consortium
Polling Question 3:
3. If you said “No” to question 1, please select from one of
the options below that best describes your situation.
a. My college has found it difficult reaching a data sharing
agreement with my state entity.
b. My college was told there is a State Law that does not
allow the sharing of wage records for confidentiality
reasons.
c. If other, please elaborate in the chat box.
Polling Question 4:
4. If your grant is a multi-state consortium, please select from
one of the options below that best describes your
situation.
a. My consortium can’t access wage record data
from any states.
b. My consortium can access data from its home state
but not others.
c. My consortium can access data from some states
but not all.
d. My consortium can access data from all states
represented in our grant.
Polling Question 5:
5. Have you been successful in tracking program completers
who were employed in a neighboring state?
a. Yes
b. No
UC Confidentiality & Disclosure Requirements
OVERVIEW
• Based on Section 303(a)(1), Social Security Act:
• Methods of administration to insure full payment of
unemployment compensation (UC) when due.
• Must maintain confidentiality of any UC info that reveals
(or combined with publicly available info would reveal)
name or any identifying particular about any individual or
any employer.
• Disclosure of such info barred unless mandatory or
permissible to do so.
• Essential to protect confidential UC data from unauthorized
disclosures.
UC Confidentiality & Disclosure Requirements
CONFIDENTIAL UC INFORMATION
• Information in the records of a state or state
UC agency that pertains to administration of
state UC law
•
•
•
Wage records
Employer information
Claim information, such as:
•
•
•
Whether an individual has applied for UC
An individual’s contact information
Other information that is needed to verify eligibility
for and amount of benefits
UC Confidentiality & Disclosure Requirements
TYPES OF DISCLOSURES
• Mandatory disclosures – 20 CFR Part 603.6
•
•
Information necessary for proper and efficient
administration of the UC program
TANF, child support enforcement, HUD, SNAP, and
other Federal programs
• Permissive disclosures – 20 CFR Part 603.5
•
•
The regulation permits disclosure under certain
circumstances as long as the disclosure does not
interfere with the proper and efficient administration
of the UC program
Example: disclosures to public officials for use in the
performance of their official duties
UC Confidentiality & Disclosure Requirements
DISCLOSURE FOR PERFORMANCE
MEASUREMENT
• Major emphasis on program accountability &
outcomes.
• Employment/earnings key tool for measuring
success.
• Wage records are a relatively easy, cost-effective
way to measure performance.
• To disclose wage records, must be permissible
recipient of data and must use them for
permissible purposes.
UC Confidentiality & Disclosure Requirements
DISCLOSURE TO PUBLIC OFFICIALS
•
•
Section 603.5(e) permits disclosures of
confidential UC data to public officials for use in
the performance of official duties.
Section 603.2(d) defines “public official” as:
•
•
an official, agency, or public entity within the executive
branch of Federal, State, or local government who (or
which) has responsibility for administering or enforcing a
law; or
An elected official in the Federal, State, or local
government.
• Section 603.5(f) permits disclosures to
agents or contractors of public officials.
UC Confidentiality & Disclosure Requirements
PERFORMANCE OF OFFICIAL DUTIES
• Section 603.5(e) defines “performance of
official duties” as:
•
Administration or enforcement of law; or
•
Execution of the official responsibilities of a
Federal, State, or local elected official.
• Federal program or grant performance
reporting purposes by itself doesn’t
necessarily meet this definition.
WIOA & Wage Record Disclosure Access
OVERVIEW
• Requires use of wage records for WIOA core
program & ETP performance reports
• Such disclosures to public officials (or their
agents/contractors) are permissible & STRONGLY
encouraged
• WRIS/WRIS II available to facilitate performance
reporting when confidential UC information may not be
disclosed
• Requires disclosure of wage records for
certain DOL and ED evaluations “to the
extent practicable”
WIOA & Wage Record Disclosure Access
WIOA NPRM: AMENDMENTS to 20 CFR 603
• Proposed expanded definition of “public
official” would also include:
•
•
•
•
Public post-secondary educational institutions
established & governed under state law
Performance accountability & customer
information agencies
Chief elected official of a local Workforce
Development Area
State educational authority, agency, or
institution
WIOA & Wage Record Disclosure Access
WIOA NPRM: AMENDMENTS TO 20 CFR 603
• Proposed expanded definition of
“performance of official duties” in 20 CFR
603 would also include:
•
•
•
State & local performance accountability under
WIOA sec 116
Requirements of discretionary Federal grants
awarded under WIOA
As otherwise required for education and
workforce training
WIOA & Wage Record Disclosure Access
NEW MANDATORY DISCLOSURES
• For DOL & ED evaluations:
•
•
of WIOA core programs
under §169, WIOA, to evaluate:
•
WIOA Title 1 workforce development activities
•
other federally funded employment-related
programs and activities authorized under other
provisions of law
under §242(c)(2)(D), & §§12(a)(5), 14, and 107 of the
Rehabilitation Act of 1973 (applied to programs
carried out under Title I of that Act)
under §10(b) of the Wagner-Peyser Act.
•
•
WIOA & Wage Record Disclosure Access
ADDITIONAL INFORMATION
• All requirements of 20 CFR 603 must be met
including data sharing agreements,
reimbursement for costs, safeguards, and
penalties for impermissible re-disclosures and
data breaches.
• WRIS & WRIS II agreements will be updated to
facilitate data exchanges for entities that may
not receive confidential UC information.
• Collaborating with ED to facilitate their data
access.
WIOA & Wage Record Disclosure Access
INTEGRATED DATA & IT SYSTEMS
• WIOA requires development of strategies to get
to integrated, tech-enabled intake & case
management info systems
• Must align & integrate workforce & ed data on
core programs, UI programs, etc.
• Reemployment connections tools an important
first step
•
Developed in partnership with states/ITSC to
improve connectivity/integration by providing a
“common front door” that overlays current systems
What Does This Mean for TAACCCT Grantees?
• Disclosure of wage records for performance
reporting purposes is permitted & strongly
encouraged.
• To obtain individual-level data that is not deidentified, requestor must be a public official
(or an agent or contractor of one for this
purpose) unless individuals provide informed
consent.
• Technical assistance is available to facilitate
agreements providing for these disclosures.
Q&A
Q&A
WE WANT TO KNOW YOUR SPECIFIC
WAGE RECORD CHALLENGES
If obtaining wage record data from your State is still a challenge,
please email [email protected] using WAGE RECORD DATA in
the subject line. Please describe the nature of the problem,
ensuring the following information is provided:
• What State(s) does your grant operate in?
• What challenges are you encountering?
• What reason(s) were you given for being denied access to wage
record data (if applicable)?
• What steps have you taken thus far to try to resolve this issue?
Thank You!
Connect with the NEW TAACCCT Community of Practice and
search for TAACCCT resources at:
https://TAACCCT.workforceGPS.org
Ask questions and to connect with peers and resources at
[email protected]
If you want to learn more about peer mentoring email
[email protected]