I.Purpose

To provide policy to local areas on the waiver granted by DOL of the time limit on the period of initial eligibility of training providers at 20 CFR 663.530 of the regulations.

II.Effective Date

July 1, 2010, through June 30, 2011

III.Background

The Workforce Investment Act (WIA) requires the local areas to establish a performance-based certification system for training providers. The certification procedure results in a State list of training providers who are eligible to give training services to customers. The federal law requires that after a set period of time of initial eligibility, training providers must be determined subsequently eligible.

On March 12, 2002, Ohio was granted a waiver of the time limit on the period of initial eligibility of training providers provided at 20 CFR 663.530. The waiver also allows the State to provide an opportunity for training providers to re-enroll and be considered enrolled as initially eligible providers. Since the initial approval, annual extensions have been granted for this waiver.

In May 2010, Ohio submitted a waiver request to extend the previously approved waiver. On June 30, 2010, the United States Department of Labor (USDOL) approved this waiver request, effective July 1, 2010.

IV.Requirements

All eligible training providers will be required to collect, track, and report the program and cost information. Waiver approval does not mean that every program/provider is guaranteed retention for the waiver period. Local areas may want to review the performance of a provider to determine retention and may exclude providers from the Eligible Training Provider List. This verifiable program information may include the federally required performance information or other appropriate types of performance information as established by the local board. If the local board requests additional information that imposes extraordinary costs, the local board shall provide access to cost effective methods of collection or provide additional resources. The intent of the waiver is to extend the time in order to allow both the local board and the State to develop reporting systems. This will allow the local board to make their subsequent eligibility decisions in the future.

When a training program fails to meet established local program and cost requirements, a local board may choose to remove that program from the state Eligible Training Provider List for Individual Training Accounts (ITAs). A local board can only remove a training program that they have previously approved and recommended to the State. To request removal of a training program, please send a letter signed by the board chair with the name and address of the training institution and the name of the program that you wish to be removed. This letter should be directed to the following address:

Ohio Department of Job and Family Services

Office of Workforce Development

Bureau of WIA

4020 East 5th Avenue

Columbus, OH 43219

A representative from OWD will review the request. A notice will be sent to all local areas to advise that the program will be removed 90 days from the date of the notice. Eligible Training Providers have the right to appeal the removal by using the Appeal Process provided on the Internet at WIAQNA@JFS.OHIO.GOV with "Appeal Process" in the subject line.

When a program is no longer eligible and has been removed from the state provider list, participants enrolled in that program prior to the date of removal can complete the training. This applies to participants if WIA ITA has covered the cost of the training.

Once training providers are removed from the state provider list, the training providers will be required to wait for a period of 12 months before they can be considered for re-certification. This would provide the local board with a representative sampling of data from which to make a decision for the provider's re-certification.

This provision should bring more opportunities for eligible programs to work with WIA customers. Many programs have not been able to enroll enough WIA participants to ensure a statistically valid assessment of performance on the measures that apply to those students. The waiver addresses this concern as well as allowing the State ample time to develop a user-friendly automated system for performance reporting.

V.Technical Assistance

For additional information, you may send your questions to the Office of Workforce Development to: WIAQNA@jfs.ohio.gov.

VI.Reference

DOL waiver approval letter, June 30, 2010

Workforce Investment Act Section 122 (c)(5) WIA, 20 Code of Federal Regulations, Final Rules, August 11, 2000, Section 663.530

Distribution: WIA Guidance Letter

Rescissions

WIA Waiver from Section 122 (c)(5) of WIA and Section 663.530 of the Regulations -Time Frame Extension for Subsequent Eligibility of Training Providers WIATL 7