UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,070

ESCHOOL DATA

INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER

ILLUMINATE EDUCATION, INC.

BOHEMIA, NEW YORK

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:

(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated September 23, 2021
and filed on September 24, 2021 by a State Workforce Office, on
behalf of former workers of eSchool Data, Bohemia, New York
(hereafter referred to as the "worker group"). The worker group
also consists of workers whose wages were reported under
Illuminate Education, Inc. In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."

The worker group is engaged in activities related to the
production of student information systems.

The petition alleges that worker separations, or threats
thereof, were due to "Workers were explicitly verbally told that
the positions were being outsourced overseas."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become totally
or partially separated.

Section 222(a)(2)(B) has been met because a shift in
production of student information systems to a foreign country has
occurred and there has been or is likely to be an increase in
imports of articles that are like or directly competitive with
articles which are or were produced by such firm or subdivision.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers' firm possess skills that are not easily
transferrable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of eSchool Data, including
workers whose wages were reported under Illuminate Education,
Inc., Bohemia, New York, who are engaged in activities related to
the production of student information systems meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:

"All workers of eSchool Data, including workers whose wages
were reported under Illuminate Education, Inc., Bohemia, New
York, who became totally or partially separated from
employment on or after September 23, 2020, through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended; and I further determine that all
workers of eSchool Data, including workers whose wages were
reported under Illuminate Education, Inc., Bohemia, New York
are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."

Signed in Washington, D. C. this 10th day of March, 2022


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance