I.Purpose
The purpose of this policy is to establish the criteria for eligible
training providers (ETPs) who may receive Workforce Innovation and Opportunity
Act (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. 16-02.1 Eligible Training Providers. (May 28, 2019)
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 required to be 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.State
Requirements
A.Management
of the State ETP List
ODJFS is responsible for establishing 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 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.
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.
B.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.
VI.Eligibility
Requirements for ETPs
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
for-profit providers of training services, which may include but are not limited
to:
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.
Ohio may approve training providers who do not have a physical
training location in Ohio, if the provider meets all other eligibility and
performance reporting criteria.
B.Provider
Initial Eligibility
Any provider offering a program of training services to be funded
through WIOA using ITAs must be included on the State ETP list. Except for registered apprenticeship programs,
all providers must first apply for consideration by submitting all required information
in the State's designated online system for managing the State ETP list.
To qualify as an ETP in Ohio, a provider of training services must
meet the following criteria:
a.Remained in business
for two years or longer;
i.As indicated by
the date upon which the provider initially registered with the Ohio (or other state)
Secretary of State.
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.
ETPs may apply for approval of programs of training services at any
time after their provider application has been approved.
C.Provider
Continued Eligibility
To remain active on the State ETP list and continue to receive WIOA
funding, an ETP must renew its provider 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 provider renewal
process requires an update of basic provider information.
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 provider 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.
D.Program Initial
Eligibility
After the provider application has been approved, the provider may
apply for approval of their programs of study, A provider will not appear in a public
search of the state of Ohio's ETP list until they have at least one approved program.
For each program of training services to be offered by the provider,
all of the required information fields must be submitted in the State's designated
online system for managing the State ETP list. For initial eligibility, this
information includes but is not limited to:
1.Description of
each program of training services to be offered;
2.Information
addressing a factor related to WIOA performance indicators;
3.Information
concerning whether provider is in a partnership with a business.; and
4.Information
addressing the alignment of training with in-demand industry sectors and
occupations
Program Performance for Initial Eligibility
To assist participants in selecting training activities and providers
of training services, for an initial eligibility approval, ETPs are required to
provide outcome data for at least one of the below indicators of program performance
for individuals who attended each approved training program:
a.Employment 2nd
Quarter after exit;
b.Employment 4th
Quarter after exit;
c.Median earnings
in the 2nd Quarter after exit, or
d.Graduation or Credential
attainment rate.
"After exit" in this context means after a student has
left the program or has graduated.
ETPs are responsible for ensuring the timeliness
and accuracy of their performance reports. Failure to submit this information will
result in removal from the ETP list. The State will review all submitted initial
approval requests and will deny programs that fail to meet the criteria necessary
to remain eligible. The training provider will be notified via e-mail when its program
status has either been approved or denied.
E.Program
Continued Eligibility
To remain active on the State ETP list and continue to receive WIOA
funding, an ETP must renew each of its programs 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 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.
For a continued eligibility determination, ETPs are required to submit
all required information which includes but is not limited to:
1.ETP
performance on WIOA performance indicators
2.Information
regarding access to training services throughout the state (including rural
areas and through technology use).
3.Information
reported to state agencies on federal and state training programs other than
WIOA Title I-B programs.
4.The degree to
which training programs relate to in-demand industry sectors and occupations in
the state.
5.State
licensure requirements of training providers, and licensing status of providers
of training services, if applicable.
6.ETP's ability
to offer industry-recognized certificates and credentials.
7.ETP's ability
to offer programs that lead to a recognized post-secondary credential.
8.Quality of the
program of training services including a program that leads to a recognized
postsecondary credential.
9.ETP's ability
to provide trainings that are physically and programmatically accessible for
individuals who are employed and individuals with barriers to employment,
including individuals with disabilities.
Program Performance for Continued
Eligibility
For a continued eligibility determination,
ETPs are required to provide outcome data for all four of the below indicators
of program performance for individuals who attended each approved training program:
a.Employment 2nd
Quarter after exit;
b.Employment 4th
Quarter after exit;
c.Median earnings
in the 2nd Quarter after exit, or
d.Graduation or Credential
attainment rate.
The State will review all submitted program renewal requests and
will remove programs that fail to meet the criteria necessary to remain eligible.
The training provider will be notified via e-mail when its program has either been
renewed or denied.
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.
ETPs are responsible for ensuring the timeliness and accuracy of
their performance reports. Failure to submit this information will result in
removal from the ETP list. The State will review all submitted continued eligibility
requests and will deny programs that fail to meet the criteria necessary to
remain eligible. The training provider will be notified via e-mail when its
program status has either been approved or denied.
F.Registered Apprenticeship Programs
Registered apprenticeship
programs, upon approval by ODJFS, are given the opportunity to be included on the
State ETP list. Sponsors may request to be excluded. When applying to become a registered apprenticeship
program, the sponsor will be informed of this opportunity 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. All registered apprenticeship programs
listed on the statewide ETP list must also be located on all local ETP lists.
National Apprenticeship
programs are automatically eligible for inclusion on the State ETP list. National
programs are not required to register their program in the State of Ohio in order
to gain inclusion on the ETP 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. All registered apprenticeship
programs are considered to be in-demand. Local areas do not need to determine occupational-demand
status for registered apprenticeship sponsors who are hiring.
G.Loss
of ETP Eligibility
A training provider must deliver results and provide accurate information
to retain its status as an ETP. If a change should occur between eligibility
review periods, training providers must immediately submit to ODJFS information
regarding any changes in their eligibility and/or accreditation. Providers must
disclose any factors that may change their eligibility status. Failure to do so
may result in a finding of a substantial violation and removal from the State
ETP list.
Criteria for Substantial Violations
ODJFS considers an institution to have committed a
"substantial violation" when:
1.ODJFS
determines that the institution intentionally supplied inaccurate information.
2.ODJFS
determines that the institution has substantially violated any provision of
title I of WIOA or the WIOA regulations, including 29 CFR part 38.
3.There is an
order against the institution under 29 CFR 38.113 suspending, terminating,
denying, or discontinuing WIOA Title I financial assistance to the institution.
If ODJFS determines that an institution committed a substantial
violation, ODJFS will remove the institution and all its programs, including
registered apprenticeships, from the State ETP list for a minimum of two years.
The period of removal lasts for two years from the date of that determination.
However, the period of removal may extend beyond two years if there are
multiple determinations stemming from multiple levels of review, including
determinations made under 29 CFR part 38. The two-year period, in these cases,
is calculated from the date of the final determination. During the period
of removal, the institution is prohibited from publishing new training programs
to the State ETP list. ODJFS determines WIOA substantial violation periods of
noncompliance and fund reclamation procedures on a case-by-case basis.
A provider of training services whose eligibility is terminated for
committing a substantial violation shall be liable for the repayment of funds improperly
secured or received during the period the violation(s) occurred.
Typically, ODJFS terminates a training program's eligibility and
removes it from the ETPL website during the continued eligibility process;
however, ODJFS may terminate eligibility at any time if it determines that
there are grounds to do so. When ODJFS terminates a training program's ETPL
eligibility, it sends an email that identifies the reason(s) for the
termination.
Programs may also be removed during routine reviews or during continued
eligibility reviews, if ODJFS determines that the program does not meet the criteria
outlined for inclusion.
H.Appeal
Process for ETPs
Per 20 C.F.R. 680.480, providers of training services who have been
rejected from Ohio's eligible training program list may appeal this decision using
the following procedure. This procedure remains the same for appealing the rejection
of a training program.
1.Within 14 days
from the date the rejection notice was received, the provider may file an appeal
to the Office of Workforce Development by submitting in writing all of the following
information:
-A statement appealing the rejection;
-Information as to why the training program should be eligible; and
-Who the primary point of contact for the training provider will
be.
Providers should also submit any documentation pertaining to the
program or credential associated with the program. For example-information regarding
the credential attained upon completion of the program.
2.The written appeal
shall be submitted to WIOAQNA@jfs.ohio.gov.
The State will review the appeal and conduct an internal hearing
process using the information submitted in the appeal and issue a written decision/response
within 60 days of the receipt of the appeal.
VII.Credential
Types
A.Recognized
Postsecondary Credential (RPC)
RPCs are awarded in recognition of an individual's attainment of
measurable technical or industry/occupational skills necessary to obtain employment
or advance in a career. RPCs are the credential type most likely to result in employment
in an in-demand job and the only credential type that results in a positive outcome
for the credential attainment performance measure related to workforce programs.
As such, only programs that result in an RPC will be accepted on the State ETP list.
An RPC is defined as one of the following:
1.An industry-recognized
certificate or certification;
2.An occupational
license recognized by the state or federal government;
3.A certificate of
completion of a registered apprenticeship program; or
4.An associate or
baccalaureate degree.
B.Embedded
Stackable Credential (ESC)
An ESC is a minor certification that is a component piece within
a more comprehensive training regimen leading to an RPC. The ESC measures interim
skill gains toward completion of the RPC. For example, earning a Certified Production
Technician credential requires completion of a safety certification. The safety
certification alone would be considered a Basic Skill Certification and would not
be included on the State ETP list. However, when the safety certification is embedded
into a broader RPC program, this program may be included on the State ETP list and
funded through an ITA.
C.Basic
Skill Certification (BSC)
A BSC is a stand-alone verification of entry-level job skills such
as First Aid, CPR, safety, hygiene, forklift operation, or aptitude at operating
a computer. These minor certifications are not considered RPCs, even if broadly
required to enter employment. Therefore, programs that result in such credentials
are not included on the State ETP list. Basic
Skills Certifications are not considered occupational skills training under WIOA
and are not funded through an ITA.
D.Work
Readiness Certificate (WRC)
A WRC verifies an individual's possession of characteristics and
soft skills known to lead to success in the workplace such as punctuality, telephone
etiquette, work ethic, and basic academic skills including math, writing, or basic
computer usage. WRCs are not considered RPCs and are not included on the State ETP
List.
Local WDBs may use procurement methods other than the State ETP list
to fund these minor credentials that verify basic skills and work readiness where
necessary and appropriate.
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.
VIII.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.
IX.Technical Assistance
Requests for technical assistance may be sent to ODJFS, Office of
Workforce Development: WIOAQNA@jfs.ohio.gov.
X.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.
29 C.F.R Part 38
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. 15-11.3, Use of Individual Training
Accounts (ITA) (September 27,2021).
ODJFS, Workforce
Innovation and Opportunity Act Policy Letter No. 17-04.1, Waivers for Implementation
of the Comprehensive Case Management and Employment Program (October 14,2020).
USDOL, Training
and Employment Guidance Letter (TEGL) No. 8-19, Workforce Innovation and Opportunity
Act (WIOA) Title I Training Provider Eligibility and State List of Eligible Training
Providers (ETPs) and Programs, (January 2, 2020).
USDOL, Training
and Employment Guidance Letter (TEGL) No. 8-19 Change 1, Guidance on Registered Apprenticeship
Provisions and Opportunities in the Workforce Innovation and Opportunity Act (WIOA),
(May 17, 2021).