WORKFORCE INVESTMENT ACT ELIGIBLE TRAINING PROVIDER LIST

Transcription

1 TITLE 11 CHAPTER 2 PART 18 LABOR AND WORKERS' COMPENSATION JOB TRAINING WORKFORCE INVESTMENT ACT ELIGIBLE TRAINING PROVIDER LIST ISSUING AGENCY: New Mexico Department of Workforce Solutions (DWS) [ NMAC - N, ] SCOPE: State workforce development board (state board), state administrative entity (SAE), chief elected officials (CEOs), local workforce development boards (local boards), local workforce system administrative entities (local administrative entities), workforce system sub-recipients and workforce system partners. [ NMAC - N, ] STATUTORY AUTHORITY: Title I of the WIA of 1998, as amended (29 U.S.C et seq.); WIA Regulations, 20 CFR Part 652 et al, 29 CFR Part 95-97; Office of Management and Budget (OMB) circulars applicable to the entity, such as OMB Circulars A-21, A-87, or A-122 NMSA 1978, Section et seq. [ NMAC - N, ] DURATION: Permanent. [ NMAC - N, ] EFFECTIVE DATE: August 15, 2012, unless a later date is cited at the end of a section. [ NMAC - N, ] OBJECTIVE: The primary goal of the Workforce Investment Act is to ensure participant access to a variety of quality training programs. Local boards have the primary responsibility for working directly with training providers to facilitate timely submission of complete, acceptable applications. This policy provides information and direction to support and govern the operation and dissemination of the statewide eligible training provider list (ETPL). [ NMAC - N, ] DEFINITIONS: [RESERVED] ACTION: In order to maximize customer choice and assure that all significant population groups are served, an eligible training provider process shall assure that significant numbers of competent providers, offering a wide variety of training programs and occupational choices, are available to customers. After receiving core and intensive services and in consultation with case managers, eligible participants who need training use the list of eligible providers to make an informed choice. In this way, the ETPL helps to provide customer choice, while also supporting increased performance accountability. Only those programs that are approved and listed on the state s ETPL are eligible for referral and enrollment of a WIA customer. A. Eligible training provider process. (1) The state procedures and a system for developing and disseminating the eligible training provider list [WIA Section 122(b)(2) and 122(c)(1)] and the local board shall make these procedures available to training providers. (2) Providers shall submit initial eligibility criteria; performance and cost information; and annually meet performance levels on specified performance measures as required. Minimum performance levels may be established by the state. The local board may require higher levels on the specified performance measures or may require additional measures and corresponding levels. [WIA Section 122(c)(5) and (d)(1)] (3) Local boards receive applications from training providers for a program listing and determine if the applicant meets state and local board criteria for the listing. [WIA Section 122(e)(1), (2), and (3)]. (4) The state receives the information approved by local boards on training providers and compiles a single state list (ETPL), and disseminates the ETPL with performance and cost information to the workforce system. [WIA Section 122(e)(4)(A)] (5) Participants utilizing an individual training account (ITA) shall have the opportunity to select any of the approved eligible providers and programs on the ETPL. (6) Types of training to which these procedures apply [WIA Section 134(d)(4)(D); 20 CFR ] NMAC 1

2 (a) Occupational skills training. (b) Programs that combine workplace training with related instruction. (c) Skill upgrading and retraining. (d) Entrepreneurial training. (e) Adult education and literacy activities provided in combination with any other training service outlined above. (f) Apprenticeship programs. B. Training provider eligibility. To be eligible to receive the funds, the training provider shall be one of the following. (1) A postsecondary educational institution that is eligible to receive federal funds under Title IV of the Higher Education Act of 1965 (20 U.S.C et seq.); and provides a program that leads to an associate degree, baccalaureate degree, or certificate. (2) An entity that carries out programs under the act of August 16, 1937 (commonly known as the "National Apprenticeship Act;" 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (3) Another public or private provider of a program of training services that provides training for special participant populations that face multiple barriers to employment which are populations of low-income individuals that are included in one or more of the following categories. (a) Individuals with substantial language or cultural barriers. (b) Offenders. (c) Homeless individuals. (d) Other hard-to-serve populations as defined by the governor. (Sections 117(f)(1) and 122(a)(2)(C) of the act and Section of 20 CFR Part 652 et al.) (4) Community-based organization and other private organizations providing training under C. Program of training. A program of training services is defined as follows. (1) One or more courses or classes that upon successful completion leads to a certificate, an associate degree, or baccalaureate degree, or a competency or skill recognized by employers. (2) A training regimen that provides individuals with additional occupational skills or competencies generally recognized by employers. (3) Identical programs offered in different locations by the same training provider shall be considered as one program, and will not require separate applications unless the location is a factor in defining a unique program. D. ETPL exemptions. The following training activities are exempt from utilizing the ETPL process. (1) On-the-job training and customized training (as defined by WIA). (2) Intensive services as listed below. (a) Skill enhancement and workplace literacy are considered to be short-term prevocational, and therefore, intensive services and are not defined as training services for the purposes of this policy. (b) Short-term prevocational services are not tied to a specific occupation and include courselike services such as literacy and adult basic education, workplace literacy, introductory computer classes, as well as development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills and professional conduct to prepare individuals for unsubsidized employment or training. [ NMAC - N, ] ETPL APPLICATION POLICY AND PROCEDURES: ETPL application procedure. This section covers general application policies and procedures that govern both initial and subsequent eligibility. A. Local boards will utilize the NM virtual one stop system (NMVOSS) or other management information system as determined by the state to compile information on training providers, the courses and programs they offer and the performance for each so that individuals can make informed decisions when selecting a training provider. B. Applications for initial and subsequent eligibility shall be initiated by the training provider by completing a registration and an on-line application consistent with [WIA Section 122(b)(1)(D) and 122(c)(5)(A)]. C. Local boards will ensure all of the required data elements required for the ETPL training provider and program application forms are complete; ensure the training provider meets the criteria; and approve the training provider and the associated programs. D. Applications shall be submitted in the time and manner determined by the local board [20CFR Section and ]. New training provider program application(s) may be submitted on any day of the NMAC 2

3 year. Revision(s) to already approved and existing program curriculums are subject to review and shall be approved by the local board. E. Training providers shall agree to provide such information as may be necessary to determine program performance and to meet other requirements of the WIA. The provider shall agree to make available verifiable data to validate any information submitted [WIA Section 122(d)(1)(A)]. F. Training providers that are headquartered outside of New Mexico who do not have in-state training facilities may apply to any local board where they wish to provide services. [WIA Section 122(e)(5)]. Applications shall include all information required by these policies and procedures. [ NMAC - N, ] INITIAL AND SUBSEQUENT ELIGIBILITY DETERMINATION: A. Initial eligibility. (1) Initial eligibility is extended automatically to certain training provider programs. [WIA Section 122]. These training providers are required to apply to the local board in order to be included on the statewide list of eligible training providers. They are not required to submit performance information for initial eligibility determination. These providers are listed below. (a) Postsecondary educational institutions eligible to receive federal funds under Title IV of the Higher Education Act of 1965 (20 U.S.C et seq.) and that provides a program that lead to an associate degree, baccalaureate degree or certificate. (b) An entity that carries out programs under the National Apprenticeship Act, 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Initial eligibility for non-exempt training providers also requires application to the local board for eligibility determination. The submission of performance information is required if, at any time, the applicant has delivered the program/course to any student, regardless of funding source, on or before the date of application submission. Non- exempt training providers include the following. (a) Postsecondary educational institutions that provide training service programs that do not lead to an associate degree, baccalaureate degree or certificate. (b) Entities that provide apprenticeship programs that are not registered under the National Apprenticeship Act. (c) All other public or private providers of training service programs. B. Subsequent eligibility. All programs that are initially listed on the ETPL shall be determined to be eligible to remain on the ETPL within months of initial listing and annually thereafter. This determination is called subsequent eligibility [WIA Section 122(c)(1) and 20 CFR ]. Subsequent eligibility determinations will be made on an annual basis. The NMVOSS, provider services system, (or other system as determined by the state) will require the local board to determine subsequent eligibility and make the appropriate approvals in order to continue as an eligible training provider. WIA Section 122(d)(1) specifies the following performance measures that shall be considered by local boards in determining the subsequent eligibility of programs to remain on the ETPL. (1) Completion rates for all individuals in the listed program. (2) Percentage of all individuals participating in the listed program who obtain unsubsidized employment. (3) Wages at placement in employment of all individuals participating in the listed program. (4) Percentage of WIA participants who completed the listed program and were placed in unsubsidized employment. (5) Retention rate in unsubsidized employment of participants who have completed the listed program; six-months after the first day of their employment. (6) Wages received by participants who have completed the listed program; six-months after the first day of employment. (7) Where appropriate, the rates of licensure or certification, attainment of academic degrees or equivalents, or attainment of other measures of skills, for the WIA participants who completed the listed program. (8) Program costs to participate in the listed program. C. Waiver of provision 20 CFR The state currently has a waiver of provision 20 CFR that prescribes a time limit on the period of initial eligibility for training providers. The state is allowed to postpone the determination of subsequent eligibility as outlined above. The waiver allows the state to provide an opportunity to training providers to reenroll and be considered as initially eligible providers without consideration of NMAC 3

4 the federally mandated performance measures. The state and local boards can require levels of performance for training providers but it is not a requirement as long as the waiver is in place. [ NMAC - N, ] DISSEMINATION OF THE ETPL: Statewide dissemination and customer access. A. The state will ensure that the ETPL is updated as data is received. The updated list is available to all local boards [WIA Section 122(e)(4)(A)], workforce connection centers; and on the NMVOSS wherever internet service is available. B. The local board is responsible for ensuring that all workforce connection center staff in its area have access to the ETPL; knowledgeable about utilizing the ETPL; and ensure it is available to customers. [WIA Section 122(e)(4)(A)]. [ NMAC - N, ] DENIAL AND REMOVAL: A. Reasons for denial of application for initial or subsequent listing. (1) Local board or the state may deny eligibility if the application from a provider is not complete or not submitted within required timeframes. (2) Local board or the state shall deny eligibility if an applicant fails to meet the minimum criteria for initial or subsequent listing specified in this procedure. [WIA Section 122(e)(2)] (3) Local board or the state shall deny eligibility if it is determined that the applicant intentionally supplied inaccurate information. [WIA Section 122(f)(1)] (4) Local board or the state may deny eligibility to a provider who has been found to have substantially violated any WIA requirements. [WIA Section 122(f)(2)] B. Provider application denial. (1) If a local board denies a provider s application for listing on the ETPL, the local board shall within 30 days of receipt of the application, inform the provider in writing including the reason(s) for the denial and complete information on the appeal process. (2) If the state denies a provider s program listing on the ETPL, the state shall within 30 days of receipt of the nomination from a local board, inform local board in writing and include the reason(s) for the denial and complete information on the appeal process. C. Removal of provider or program on the ETPL. (1) Local board or the state may remove a program if the provider fails to provide all the data required for subsequent eligibility determination within the required timeframes. [WIA Section 122(d)(1)] (2) Local board may remove a program if a provider fails to notify the board of any program changes including but not limited to costs, location of training, or change in state initial approval status. (3) Local board or the state shall de-list a program at any point at which it is determined that the program does not meet the minimum criteria for initial listing specified in this procedure. For example, a program can be removed if its eligibility depended on accreditation, and the accreditation was lost. [WIA Section 122(c)(6)] (4) Local board or the state shall remove a program if, as a result of the subsequent eligibility determination process, the program is found not to have met the minimum levels of performance set by the state. [WIA Section 122(e)(6)] (5) Local board or the state shall remove a program if it is determined that the applicant intentionally supplied inaccurate information. [WIA Section 122(f)(1)]. (6) Local board or the state may de-list a program if the provider is found to have violated any WIA requirements. [WIA Section 122(f)(2)]. D. Process for removal from ETPL list. Local board shall, within ten days of its decision, inform the provider in writing and include the reason(s) for the denial and complete information on the appeals process. If the state de-lists a program from the ETPL, the state shall, within ten-days of its decision, inform the local board in writing and include the reason(s) for the denial and complete information on the appeal process. Within 10 days of receipt of the notification of de-listing from the state, the local board shall inform the provider of the de-listing and the associated appeal rights. [ NMAC - N, ] PENALTIES AND APPEALS: A. Penalties. Penalties shall be imposed as follows NMAC 4

5 (1) If the state, in consultation with local board, determines that a provider intentionally supplied inaccurate information for ETPL purposes, the state shall terminate the eligibility of the provider to receive any funds under WIA Section 133(b) for a minimum of two years. [WIA Section 122(f)(1)] (2) If the state, in consultation with local board, determines that an eligible provider intentionally violates any WIA requirements, the state or local board working with the state may terminate the eligibility of the provider to receive any funds under WIA Section 133(b) for a minimum of two years or take other such action as the state deems appropriate. [WIA Section 122(f)(2)] B. Appeals. Training providers may file complaints and appeal the denial of a provider s application for initial or subsequent listing on the ETPL or the removal of a program(s) already listed on the ETPL as outlined in NMAC, Grievance and Complaint Resolutions Procedures. [ NMAC - N, ] RESCISSIONS: [RESERVED] [ NMAC - N, ] CONTACT ENTITY: Inquiries regarding this rule should be directed to the DWS/state administrative entity. [ NMAC - N, ] DISTRIBUTION: State board chair, DWS/state administrative entity, local board chairs, local administrative entities, local board sub-recipients, DWS/state administrative legal counsel, United States department of labor employment and training administration federal representative, and, the New Mexico commission on public records. [ NMAC - N, ] ATTACHMENTS: None [ NMAC - N, ] HISTORY OF NMAC: History of Repealed Material: NMAC, Workforce Investment Act (WIA) Youth Activities, filed Repealed effective NMAC 5