I.Purpose
The purpose of this policy is to establish the criteria for eligible
training providers (ETPs) who may receive WIOA funding to provide training services
and the procedures for approving them on the State ETP list.
II.Effective
Date
Immediately
III.Rescission
ODJFS, Workforce
Innovation and Opportunity Act (WIOA) Policy Letter No. 16-02, Eligible
Training Providers. (November 10, 2016.)
IV.Background
The workforce development system established under the Workforce
Innovation and Opportunity Act (WIOA) emphasizes informed consumer choice, job-driven
training, provider performance, and continuous improvement. The quality and selection
of providers and programs of training services is vital to achieving these core
principles. The Ohio Department of Job and Family Services (ODJFS) plays a leadership
role in ensuring the success of the ETP system in partnership with the local workforce
development boards (WDBs), the OhioMeansJobs system, and its partners.
As required by section 122 of WIOA and 20 C.F.R. 680.400, the State,
in partnership with the local WDBs, must identify providers of training services
that are qualified to provide WIOA-funded training to adults, dislocated workers,
and youth. Therefore, WIOA requires that each state maintain a list of ETPs and
their programs of training services along with relevant performance and cost information.
The State must establish eligibility criteria and procedures for initial determination
and renewals of eligibility for training providers and training programs to receive
funds under WIOA title I-B. The State ETP list and the related eligibility procedures
must ensure the accountability, quality, and labor-market relevance of programs
of training services. In administering this process, the State and local workforce
development areas must work to ensure that qualified providers offering a wide variety
of job-driven training programs are available.
An individual training account (ITA) is one of the primary methods
through which training is financed and provided for adults, dislocated workers,
and youth, including youth who are in school and permitted to receive ITAs through
waiver authority granted by the United States Department of Labor (USDOL). ITAs
are established on behalf of a WIOA participant to purchase a program of training
services from ETPs. Further guidance may be found in the policy letter on the use
of ITAs.
Providers of on-the-job training (OJT), customized training, incumbent
worker training, internships, paid or unpaid work experience, or transitional jobs
are not funded through ITAs, are not included on the State ETP list, and are not
subject to the eligibility criteria pertaining to ETPs.
Pursuant to the State policy letters on training services for adults
and dislocated workers and youth program services, and paragraph (E)(4) of rule
5101:14-1-02 of the Administrative Code, training services and occupational skills
training for which ITAs are used shall only be delivered by providers who have met
the eligibility criteria and are included on the State ETP list.
V.Definitions
Accreditation: Recognition by an accrediting
agency that an institution or specific training program offered by the institution
maintains standards for its graduates to gain admission to other reputable institutions
of higher learning or to achieve credentials for professional practice.
Community-based organization: A private
nonprofit organization (which may include a faith-based organization) that is representative
of a community or a significant segment of a community and that has demonstrated
expertise and effectiveness in the field of workforce development.
Eligible training provider (ETP): An
entity that meets the criteria and procedures established by the State to be eligible
to receive WIOA title I-B funds to provide occupational skills training and to be
included on the State ETP list.
Occupational skills training: An organized
program of study that provides specific vocational skills that lead to proficiency
in performing actual tasks and technical functions required by certain occupational
fields at the entry, intermediate, or advanced level, and results in attainment
of a recognized post-secondary credential.
Program of training services: One or
more courses or classes, or a structured regimen, that leads to:
1.A recognized post-secondary
credential;
2.A secondary school
diploma or its equivalent;
3.Measurable skill
gains toward the above credentials; or
4.Employment.
Recognized post-secondary credential (RPC):
A degree, license, or certification consisting of an industry recognized certificate
or certification, a certificate of completion of an apprenticeship, a license recognized
by the State involved or Federal Government, or an associate or baccalaureate degree
awarded by an accredited college or university.
State ETP list: An online database
of the ODJFS-approved training providers who may receive WIOA title I funds to provide
training services to eligible WIOA title I-B participants, including relevant performance
and cost information on each training program.
VI.State
Requirements
A.Eligible Training Providers (ETPs)
ETPs may include:
1.Accredited institutions
of higher education that provide programs which lead to recognized post-secondary
credentials;
2.Entities carrying
out programs registered under the National Apprenticeship Act (29 U.S.C. 50); or
3.Public or private
providers of training services, which may include:
a.Community-based
organizations;
b.Joint labor-management
organizations; and
c.Eligible providers
of adult education and literacy activities under title II of WIOA (in Ohio, known
as Aspire) if such activities are provided in combination with occupational skills
training.
In determining which entities may qualify as ETPs, priority is granted
to those offering training programs that lead to recognized postsecondary credentials
(RPCs) that are aligned with in-demand industry sectors or occupations in the State
and or a local workforce development area (local area). An RPC is awarded in recognition
of an individual’s attainment of measurable technical or industry/occupational skills
necessary to obtain employment or advance in a career field.
B.Certifications of Basic Skills or Work Readiness
Minor certifications of basic skill attainment or work readiness,
although frequently provided to WIOA participants to help them enter employment,
do not meet the definition of an RPC. Therefore, providers of such credentials are
not included on the State ETP list. Any coursework or instruction provided by such
providers to help individuals attain a minor certification is not considered occupational
skills training under WIOA and is not funded through an ITA. Local WDBs may use
procurement methods other than the State ETP list to make available minor credentials
that verify basic skills and work readiness where necessary and appropriate.
However, some minor certifications are embedded within a regimen
of training leading to an RPC and are used to document interim progress and measurable
skill gains toward completion of the RPC. Thus, notwithstanding the previous paragraph,
providers that offer training leading to an embedded minor certification are considered
ETPs and may be included on the State ETP list; and participants who will continue
their training to complete an RPC may receive the training needed to earn an embedded
certification through an ITA.
Attachment A to this policy provides additional guidance on the defining
characteristics of RPCs and other types of workforce credentials along with a checklist
template that local areas may use or adapt to determine whether a credential meets
the RPC criteria.
C.Management of the State ETP List
ODJFS establishes the criteria, information requirements and procedures
for the State ETP list, including procedures identifying the respective roles of
the State and the local areas governing the eligibility of ETPs. The State is responsible
for the following activities:
1.Ensuring the development
and maintenance of the State ETP list;
2.Ensuring programs
meet the eligibility criteria and performance levels established by the State;
3.Removing programs
that do not meet State-established program criteria or performance levels;
4.Taking appropriate
enforcement actions against providers that intentionally provide inaccurate information
or that substantially violate the requirements of WIOA; and
5.Disseminating
the State ETP list to the public and the local WDBs.
D.Initial Eligibility Procedures for ETPs
Any provider offering a program of training services to be funded
through WIOA using ITAs must be included in the State ETP list. Except for registered
apprenticeship programs, any provider that has not previously served as an ETP under
section 122 of WIOA or section 122 of the Workforce Investment Act of 1998 (WIA)
must apply for consideration by submitting the following information in the State’s
designated online system for managing the State ETP list:
1.Provider Information
a.Name, address,
e-mail address, and contact person;
b.Entity type (e.g.,
higher education, apprenticeship, etc.);
c.Number of years
the provider has been in business;
d.Ability to provide
training services to individuals with barriers to employment (e.g., availability
of financial aid, grants, and scholarships);
e.Information on
Americans with Disabilities Act (ADA) compliance; and
f.To the extent
possible, alignment of the training services with in-demand industry sectors and
occupations in Ohio.
2.Program Information
For each program of training services to be offered by the
provider, the following information must also be submitted:
a.Program name,
description, and website;
b.Location(s) that
offer the program;
c.Type of degree,
certificate, or other attainment earned;
d.Name of associated
credential;
e.Classification
of instructional programs (CIP) code and title for the program;
f.Occupational
Information Network (O*NET) code for the program;
g.Program length
(credit or clock hours);
h.Program prerequisite
(e.g., experience, course-work, diploma or degree);
i.Program format
(in-person, online, etc.);
j.Indication of
whether the credits transfer to another institution;
k.Program duration
and term; and
l.Cost of tuition
and related fees.
3.Indicators of
program performance and waiver authority
To assist participants in selecting training activities and providers
of training services, ETPs are also required to provide outcome data for the following
indicators of program performance for individuals who attended each training program:
a.Number of individuals
who attended the training program;
b.Number of individuals
who exited (including attendees who completed, withdrew, or transferred out of the
program);
c.Number of individuals
who completed the program;
d.Number of program
exiters who are employed in the second quarter after exiting;
e.Number of program
exiters who are employed in the fourth quarter after exiting;
f.Median earnings
of program exiters in the second quarter after exiting;
g.Number of program
exiters who attained a credential during participation in the training program or
within one year after exiting;
h.Average (mean)
earnings of program exiters in the second quarter after exiting; and
i.Average (mean)
earnings of program exiters in the fourth quarter after exiting.
However, under a temporary waiver granted by the USDOL, training
providers who do not have systems or processes in place to gather one or more of
the indicators of program performance may indicate in their application that the
data is not available, in which case:
- The training provider may be added to, and remain
on, the State ETP list if all other ETP criteria are met and may provide
WIOA-funded training services to participants while the waiver authority
remains in effect;
- The ETP must begin working to implement the
necessary systems or processes to be able to submit data on some or all of the
indicators of program performance on its subsequent State ETP list renewal
request; and
- The performance outcomes for WIOA participants
who attended the ETP’s program, exclusive of attendees who were not funded by
WIOA, will be reported by ODJFS.
4.Additional ETP
requirements
To qualify as an ETP, a provider of training services must also meet
the following criteria:
a.Remained in business
for two years or longer;
b.Registered with
the Ohio Secretary of State to do business in Ohio, is exempted from such registration,
or registered to do business in another state if the provider does not have a significant
presence in Ohio;
c.Is not debarred,
suspended, proposed for disbarment, declared ineligible, or voluntarily excluded
from participation in transactions by USDOL or the State of Ohio;
d.Does not owe any
outstanding tax liability to the State or Federal government more than six months
past due; and
e.Does not owe any
outstanding civil, criminal, or administrative fines or penalties at the State or
Federal level.
The State will review all applications for inclusion on the State
ETP list and will notify each training provider via e-mail of the approval or denial
decision for the provider and for each training program proposed by the provider.
ETPs may apply for approval of additional programs of training services
at any time after initial eligibility by following the same procedure.
E.Continued Eligibility Procedures for ETPs
To remain active on the State ETP list and continue to receive WIOA
funding, an ETP must renew its status in the State’s designated system for managing
the State ETP list at least once every 12 months following the date of the previous
approval. The renewal process requires an update of basic provider information,
the information pertaining to each program offered by the ETP, and the indicators
of program performance to reflect outcomes using the most recently available data
that pertain to each performance measure (if such data are available) as required
for performance reporting.
The State will review all submitted renewal requests and will terminate
and remove providers that fail to meet criteria necessary to remain eligible. The
training provider will be notified via e-mail when its status has either been renewed
or terminated.
If an ETP does not renew its status within 90 days following the
12-month renewal date, the provider will be terminated and removed from the State
ETP list. The training provider will no longer be permitted to provide ITA services
funded by WIOA until completing the initial eligibility process described above
and obtaining ODJFS approval.
If an ETP does not renew the status of one or more of its training
programs within 90 days following the 12-month renewal date for that program, the
program(s) will be removed. The provider may remain on the State ETP list if it
maintains at least one active program. Providers with no available programs will
be removed from the State ETP list as described in the previous paragraph.
F.Registered Apprenticeship
Programs
Registered apprenticeship
programs, upon approval by ODJFS, are automatically included on the State ETP list
unless the sponsor requests to be excluded. When applying to become a registered
apprenticeship program, the sponsor will be informed of this eligibility and the
benefits of inclusion on the State ETP list.
Once included on the State
ETP list, registered apprenticeship programs will remain on the list until they
are deregistered or until the registered apprenticeship program notifies ODJFS that
it no longer wishes to be included on the list.
Inclusion of a registered
apprenticeship program on the State ETP list allows eligible adults, dislocated
workers, and youth who are authorized to receive ITAs to use WIOA funds to cover
the costs of classroom training provided as part of the apprenticeship program,
subject to policy limitations by ODJFS or the local WDB.
G.Dissemination of State ETP List
To assist participants in choosing employment and training activities,
the State ETP list will be disseminated to local WDBs in the state, members of the
public, the OhioMeansJobs delivery system, and program partners, including the State’s
secondary and post-secondary education systems.
To ensure informed consumer choice, the State ETP list is widely
available to the public through electronic means and includes searchable databases.
The State ETP list is accessible to individuals seeking information on training
outcomes and participants in employment and training activities funded under WIOA,
including individuals with disabilities.
The State ETP list contains appropriate information to assist participants
in choosing employment and training activities, including:
1.Recognized post-secondary
credential(s) offered;
2.Provider-supplied
information as part of eligibility; and
3.Training program
performance and cost information.
H.Loss of ETP Eligibility
A training provider must deliver results and provide accurate information
to retain its status as an ETP. Providers determined to have intentionally supplied
inaccurate information or to have substantially violated any provision of title
I of WIOA or the WIOA regulations, including 29 CFR part 38, must be removed from
the State ETP list.
Upon determination that a provider of training services intentionally
supplied inaccurate information or substantially violated any requirement of WIOA,
the eligibility of such provider to receive funds under WIOA shall be terminated
for at least two years.
A provider of training services whose eligibility is terminated for
either intentionally supplying inaccurate information or substantially violating
WIOA requirements shall be liable for the repayment of funds improperly secured
or received during the period the violation(s) occurred.
I.Appeal Process for ETPs
If an institution or training provider was denied ETP eligibility,
has lost eligibility, or has been terminated from the State ETP list, the institution
or training provider may appeal the denial or termination by requesting an appeal
within 14 days from the date of receipt of notice of termination. The appeal may
be submitted by:
- Using the automated appeal module available
within the State’s designated information system for managing the ETP list;
- Sending an e-mail, with relevant information and
exhibits attached, to WIOAQNA@jfs.ohio.gov; or
- Mailing a written request to ODJFS, Office of
Workforce Development, P.O. Box 1618, Columbus, OH 43216-1618.
The State will review the appeal, gather any necessary information
from the individual who submitted the appeal, provide an opportunity for a hearing,
and issue a written decision within 60 days of the receipt of the appeal.
VII.Local
WDB Requirements
The local WDB is responsible for the following activities pertaining
to ETPs:
1.Carrying out procedures
assigned to the local WDB by the State, such as informing the State of concerns
related to the quality of providers or inaccurate performance data;
2.Working with the
State to ensure there are sufficient numbers and types of providers of training
services, including ETPs with expertise in assisting individuals with disabilities
or in need of adult education and literacy activities; and
3.Ensuring the wide
dissemination and appropriate use of the information available in the State ETP
list.
Additionally, the local WDB may:
1.Make recommendations
to the State on the best procedure for identifying qualified ETPs;
2.Request additional
information from ETPs to assist adults, dislocated workers, and youth in making
an informed choice; and
3.Conduct site visits
to assess the quality of the providers, and report on the findings.
Local WDBs may supplement information requirements defined in this
policy to support informed customer choice and the achievement of local performance
measures. This additional information may include:
1.Information on
programs of training services that are linked to local in-demand occupations;
2.Information that
shows how programs are responsive to local workforce development area needs; and
3.Other appropriate
information related to the objectives of WIOA.
Local WDBs are not required to provide WIOA funding to a training
provider listed on the State ETP list and may establish local policy regarding how
ETPs will be utilized locally. However, this policy must not inhibit consumer choice.
For example, a local WDB may decide against using ETPs that did not provide data
on the indicators of program performance if a sufficient number of ETPs remain available
within a reasonable commuting distance for participants to receive the training
services they need to enter in-demand occupations.
VIII. Technical Assistance
Requests for technical assistance may be sent to ODJFS, Office of
Workforce Development: WIOAQNA@jfs.ohio.gov.
IX.References
Workforce Innovation and Opportunity Act, §§ 122, 123, 129, 134,
and 188, Public Law 113-128.
20 C.F.R. §§ 680.340, and 680.400 through 680.510.
USDOL, Training and Employment Guidance Letter No. 41-14, WIOA Operating
Guidance, Workforce Innovation and Opportunity Act (WIOA or Opportunity Act) Title
I Training Provider Eligibility Transition (June 26, 2015).
O.A.C. 5101:14-1-02(E)(4).
ODJFS, Workforce
Innovation and Opportunity Act Policy Letter No. 15-09.1, Training Services for
Adults and Dislocated Workers (January 8, 2018).
ODJFS, Workforce
Innovation and Opportunity Act Policy Letter No. 15-10, Youth Program Services (July
15, 2015).
ODJFS, Workforce
Innovation and Opportunity Act Policy Letter No. 15-11.1, Use of Individual Training
Accounts (ITA) (January 8, 2018).
ODJFS, Workforce
Innovation and Opportunity Act Policy Letter No. 17-04, Waivers for Implementation
of the Comprehensive Case Management and Employment Program (January 22, 2018).
Attachment
A: Credential Classification Checklist Template