WIOA TRAINING PROVIDER INITIAL AND CONTINUING ELIGIBILITY DETERMINATION PROVISIONS

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1 WIOA TRAINING PROVIDER INITIAL AND CONTINUING ELIGIBILITY DETERMINATION PROVISIONS Eligible Providers of Training Services include: Post-secondary education institutions; Registered apprenticeship programs; Other public or private training providers (including joint labor-management organizations and eligible providers of adult education and literary activities, if combined with occupational training; Local Workforce Development Boards (LWDBs), if they meet the conditions of WIOA sec. 107(g)(1) and; Community based organizations or private organizations of demonstrated effectiveness that provide training under contract with the LWDB. The types of eligible providers for WIOA are essentially the same as under WIA, however, under WIOA, registered apprenticeship programs must be included and maintained on the list as long as is registered under the National Apprenticeship Act. Eligible Programs of Training Services A program of training services is defined as one or more courses or classes, or structured regimen that leads to a recognized post-secondary credential, secondary school diploma or its equivalent, employment or measureable skill gains toward such a credential or employment. These training services can be delivered in person, on line or in a blended approach. The types of eligible training providers under WIOA are similar to those approved under WIA with expanded options for incumbent workers and the use of LWDB contracts for training services. Not all allowable types of training services are subject to the requirements of the eligible training provider provisions. Training services exempt from WIOA eligibility requirements include: On-the-job training, customized training, incumbent worker training, transitional employment, internships, paid or unpaid work experience Where the LWDB determines that there are not sufficient provider options; or there is a training service that has demonstrated effectiveness offered in the local area by a community based organization to serve individuals with barriers to employment; or it would be most appropriate to award a contract to an institution of higher education or other eligible provider in order to train multiple individuals in indemand industry sectors or occupations and such contract does not limit customer choice; or when the LWDB provides training services through a pay-for-performance contract. Providers currently eligible to provide training services under WIA may continue to be eligible to provide such services until February 1, After the transition period, the eligibility of these providers will be determined under the application procedures for continued eligibility. Providers previously eligible under WIA are not subject to the initial eligibility procedures below. Providers submitting initial eligibility applications should submit training program applications directly to the LWDB. Training program applications will be reviewed and evaluated by the LWDB. If application is approved by the LWDB, is submitted to the Department of Economic Development, Workforce Division (WFD) for review and approval. Program applications need only be made with one LWDB for possible inclusion on the "statewide" Eligible Training Provider/Program (ETPL) list. Once approved on the statewide ETPL, an approved program is available to all Georgia WDBs and cooperative states.

2 A generic application and instructions can be accessed at Information regarding LWDBs is also available on the website. Providers should check with the LWDB to ascertain application requirements for information specific to the local area. The current statewide ETPL can be accessed at: WIOA requires that programs, not providers, be approved for Individual Training Accounts (ITAs). Therefore, prospective training providers must submit an application for each course of study. Initial Eligibility for New Training Providers All providers that were not previously approved as an eligible training provider under WIA (except registered apprenticeship programs) must submit required information to be considered for initial eligibility under WIOA. Under WIOA, providers may receive initial eligibility for only one fiscal year for a provider-specific program. Apprenticeship programs registered under the National Apprenticeship Act (NAA) are exempt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as along as the corresponding program remains registered. (See Section on registered apprenticeship programs) For providers seeking initial eligibility, verifiable program-specific performance information must be provided. Applicants must provide the following: 1. A detailed description of each training program 2. Performance information for each training program will include (See required Performance Information below) a. Median earnings b. Average wage at placement c. Attainment of post-secondary credential d. Completion rate e. Employment rate f. Training-related employment rate 3. Describe in detail provider partnerships with business 4. Describe the recognized post-secondary credential attained after training completion 5. Describe how the training program(s) aligns with in-demand industries and occupations 6. A provider must also comply with the following to be considered for inclusion on the ETPL: a. Must have been in business for at least six months prior to the initial application and must have a current business license or proof of active compliance with the Secretary of State Corporations Division. b. Training programs must be available to the general public, have published catalog price structures. c. Each training program must have proven outcomes and have successful program completions and training-related employment for at least five students per program. d. Must be current of all federal and state taxes (Must supply certification from accounting/tax firm of current tax standing regarding federal and state taxes, including Unemployment Insurance taxes). e. Must be in statutory compliance with the laws of the state related to operation as a training education institution. Proprietary colleges or schools operating in Georgia are required by the Nonpublic Post-Secondary Educational Institution Act of 1990 to have a certificate of authorization from the NPEC before beginning operation or advertising in the state. f. Must provide documentation of current accreditation/authorization. g. Must be in good standing with the Better Business Bureau. h. Must not be found at fault in criminal, civil or administrative proceeding related to its performance as a training or educational institution. Must disclose any pending criminal, civil or administrative proceeding as either a defendant or a respondent.

3 i. Must disclose any and all conflicts of interest with state or local LWDB staff or Board members including, but not limited to family ties (spouse, child, parent), fiduciary roles, employment or ownership interests in common. j. All applications must include a current federal tax identification number. STUDENTS PAST PERFORMANCE INFORMATION past 12 months period _ Must pass two of six measures Minimum Standard Definition Median Earnings $11.50 The median earnings of program unsubsidized employment during the second quarter after exit from Average Wage at Placement Attainment of Post- Secondary Credential $10.70 Average wage at placement of completers obtaining employment 60% The percentage of program participants who obtain a recognized post-secondary credential or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from Completion Rate 70% Program completion rate for students completing all coursework and exams Employment Rate 70% Employment Rate for all students completing the program coursework Training-Related Employment Rate 70% Percent of completers exiting who have obtained training-related employment Local Workforce Development Boards may set additional standards and standards higher than the minimum state standards. REGISTERED APPRENTICESHIP Under WIOA title I-B, Registered apprenticeship program sponsors that request to be ETPs are automatically included on the list and will remain as long as is registered or until sponsor notifies the State that it no longer wants to be included on the list. Registered apprenticeship programs are not subject to the same application and performance information requirements or to a period of initial eligibility or initial eligibility procedures as other providers because they go through a detailed application and vetting procedure to become a registered apprenticeship program sponsor with the United States Department of Labor. Registered apprenticeship program sponsors must indicate their interest in being an ETP. The State will work with the federal Office of Apprenticeship (OA) to develop a mechanism to contact all registered apprenticeship programs within the State regarding their interest in inclusion on the ETPL.

4 CONTINUED ELIGIBILITY APPLICATION PROCEDURE This section addresses procedures for continuing eligibility for training providers previously approved under WIA transitioning into WIOA and newly eligible providers under WIOA. Training providers previously approved under WIA will be subject to the application procedures for continued eligibility. Newly eligible WIOA training providers that were determined to be initially eligible under WIOA will be subject to the application procedure for continued eligibility after their initial fiscal year of eligibility expires. Newly eligible WIOA training providers will be required to apply with continuing eligibility provisions by July, WIOA Sections 116 and 122 and NPRM section detail the continuing eligibility criteria that States must take into account. However, until data from the conclusion of each WIOA performance indicator s first data cycle is available, the State may set minimum performance criteria. Once training providers have two years of performance outcomes using the WIOA performance indicators specified in WIOA Section 116, the State will utilize the WIOA performance indicators for continuing eligibility. Performance Outcomes Required for Continued Eligibility (to be utilized until WIOA performance data is available). For a program to remain eligible to receive Individual Training Account (ITA) funds for new enrollments, the State shall compare program level performance outcomes against established minimum standards, covering the preceding program year. The State reserves the right to request sufficient information to complete continuing eligibility on any provider. ALL WIOA STUDENTS PAST PERFORMANCE INFORMATION Preceding program year Must pass three of six measures Minimum Standard Definition Median Earnings $11.50 The median earnings of program unsubsidized employment during the second quarter after exit from Average Wage at Placement Attainment of Post- Secondary Credential $10.70 Average wage at placement of completers obtaining employment 60% The percentage of program participants who obtain a recognized post-secondary credential or a secondary school diploma or its recognized equivalent during participation in or within one year after exit from Completion Rate 70% Program completion rate for students completing all coursework and exams Employment Rate 70% Employment rate for all students completing the program

5 Training-Related Employment Rate 70% Percent of completers exiting who have obtained training-related employment Local Workforce Development Boards may set additional standards and standards higher than the minimum state standards. Though the State s data management system tracks performance, providers may be asked to provide additional continuing eligibility information. Providers of currently approved programs interested in proposing new training programs should refer to the initial eligibility section. WIOA requires the use of quarterly wage record information in measuring the progress of state adjusted levels of performance. The use of social security numbers from participants and other such information as is necessary to measure the progress of those participants through quarterly wage record information is authorized by WIOA. The State reserves the right to request students information from the provider, if necessary. The State assures training providers that any student social security number transmitted and resulting UI Wage File data will be: used only to prepare aggregate program performance reports as required under WIOA; not disclosed in any personally identifiable form; safeguarded while the State is in possession of the same; and destroyed when no longer needed for the purposes of complying with WOIA. In addition, disclosure of personally identifiable information from an education record must be carried out in accordance with the Family Education Rights and Privacy Act, including the circumstances related to prior written consent. If approved, a program s continuing eligibility will extend until the biennial WIOA performance measurement review. Providers may be removed from the ETPL under the following conditions: 1. If inaccurate information regarding a program is intentionally supplied to a LWDB or WFD, a termination of eligibility will occur and will remain in effect for a minimum of two years; 2. If a LWDB or WFD determines that an eligible provider has violated any requirements under WIOA, or other state or federal laws, regulations or requirements, a termination of eligibility will occur and will remain in effect for a minimum of two years; 3. If a LWDB or WFD make termination determinations at any time during a training provider agreement to provide training services, there will be an opportunity for a hearing. 4. A provider whose eligibility is terminated under the above conditions shall be liable for repayment of funds received during the period of noncompliance. 5. If a provider does not respond to any continuing eligibility requests, s undergoing continuing eligibility will be removed from the ETPL. If the provider desires to have those programs reapproved, they should reapply through a LWDB after a six-month period; or 6. If a provider s program fails to meet or exceed minimum established local and state performance levels, the provider s eligibility to receive funds for that program may be suspended by a LWDB or WFD. If it is deemed by a LWDB that training received by a WIOA customer did not adhere to program information as marketed by the training provider and/or the performance data was misrepresented by the provider, consequences levied upon the training provider may include: (1) additional training to the aggrieved customer at no cost; and/or (2) refund to the fiscal agent of amounts paid; and/or (3) debarment from the ETPL. Continued Eligibility for Registered Apprenticeships Programs Under WIOA, registered apprenticeship program sponsors that request to be eligible training providers are automatically included on the list and will remain as long as is registered or until sponsor notifies the State that it no longer wants to be included on the list. The State will work with the USDOL Office of Apprenticeship to assure that registered apprenticeship programs are notified of the process to declare continued interest in inclusion on the ETPL. Data collection on newly registered apprenticeship programs will be conducted on a quarterly basis for inclusion on the ETPL.

6 Roles for the State and Local Boards The WFD is responsible for the development, operation and maintenance of the statewide ETPL. For continuing eligibility (prior to full WIOA performance data), training providers, currently approved under WIA, shall submit required performance outcomes data (if not available from the State s data management system) to WFD for data verification and approval. After approved for continued eligibility, requests for changes to contact information, program cost, program description, corporate entity change, etc. should be submitted to the LWDB which approved the initial application. Changes related to contact information should also be submitted to WFD. ETPL/ITA-related questions should be directed to: Georgia Department of Economic Development s Workforce Division 75 Fifth Street, NW Suite 845 Atlanta, GA Continued Eligibility Biennial Review All providers are subject to review and renewal of their eligibility at least every two years. The State will review the performance of providers to ensure they are meeting minimum levels of performance. Biennial review will also include verification of the registration status of registered apprenticeship programs. The following factors will be utilized to determine continued eligibility: 1. The performance of training providers on WIOA standards (See section on Required Provider Outcomes). The performance should be disaggregated by the local area being served. 2. The biennial review may include other factors such as: The degree to which training programs are in-demand industries sectors and occupations State licensure requirements of training providers Use of industry recognized certificates and credentials Programs that lead to post-secondary credentials. The ability of the provider to provide training services that are physically and programmatically accessible for individuals who are employed and individuals with barrier to employment, including individuals with disabilities The ability of the provider to partner with employers and provide job placement services The dropout rate of the training provider The student loan default rate of the provider Providers will be responsible for collection of performance data (not available through the state data management system) and transmittal to WFD. Final WIOA regulations regarding performance measures will be issued spring If final regulations necessitate changes, providers will be notified of the revisions. Procedures for the collection of data will be provided after final WIOA regulations. The following performance data should be collected by training providers for WIOA performance measures (to be submitted January 2018). The actual minimum performance levels will be determined based on federal standards.

7 WIOA requires that performance data include the outcomes of training programs for students in general for employment and earnings measures. All Students Performance Data Unsubsidized employment second quarter after exit Unsubsidized employment fourth quarter after exit Minimum Performance Level Definition The percentage of program the second quarter after exit from The percentage of program the fourth quarter after exit from Median Earnings The median earnings of program the second quarter after exit from All WIOA Participants Performance Data Minimum Performance Level Definition Unsubsidized employment second quarter after exit Unsubsidized employment fourth quarter after exit The percentage of program the second quarter after exit from The percentage of program the fourth quarter after exit from Median Earnings The median earnings of program the second quarter after exit from Attainment of Post- Secondary Credential The percentage of program participants who obtain a recognized post-secondary credential or a secondary school diploma or its recognized equivalent during participation in

8 Program Completion Rate Data on recognized postsecondary credentials received by program participants Data on cost of attendance, including tuition and fees or within one year after exit from Program Completion Rate for all participants in a training program Recognized post-secondary credentials received by program participants Cost of Attendance, including tuition and fees Non-ITA Activities Statewide WFD is a close partner with those entities who provide non-ita activities to adults and youths. WFD oversees the administration of WIA activities throughout the State. These activities are delivered through the 19 Local Boards across Georgia. Each Local Board receives federal funding through WFD and procures non-ita service providers separately. Often, this procurement is required to be competitive, and the processes and timetables they utilize differ between LWBDs. The best way to determine the specifics is to contact LWDBs directly. When contacting LWDBs, prospective providers should establish they are interested in being placed on their local bidders list and would like to be notified of any Request for Proposals. Training Provider Complaint Appeal Process Grievance Procedure Should an eligible provider of training services (ETP) wish to make a complaint against a LWDB, the following steps should be taken: Every effort should be made to resolve the issue at the local level (both informally and formally, in accordance with the local policy). Once all local options have been exhausted, the provider may follow the appeals procedure outlined below. Appeal Procedure WIOA specifies that the application procedures for the identification of eligible providers shall establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. WIOA Section 122(c)(1). (See also TEGL WIOA NO (11)(b)) WFD provides the following appeals procedure for providers to file an appeal for the following causes: 1. Denial of designation as an eligible provider 2. Termination of eligibility or other actions by the State 3. Termination of eligibility or other actions taken by a LWDB. Other actions may include, for example, payment disputes Every effort should be made to resolve such disputes on the local level (both informally and formally) before beginning a state-level appeal.

9 Local Appeals In accordance with TEGL WIOA NO (11)(b), Local Boards must establish an appeals procedure for providers of training to appeal a denial of eligibility from the local list of eligible training providers which explains the appeals process for denial or termination of eligibility of a provider of training services. State-Level Appeal An appeal must be made in writing and submitted, within 45 days of the Local Board s decision, to: Mr. Odie Donald WIOA Services Director Georgia Department of Economic Development s Workforce Division 75 Fifth Street, NW, Suite 845 Atlanta, Georgia The appeal must be signed by an authorized individual from the training provider and should include: 1. Name of the training provider 2. Address and phone number of the training provider 3. The specific program which was denied (if applicable) 4. A copy of the Local Board s decision 5. An explanation of why an appeal is being filed, and 6. If applicable, documentation of any specific factor (e.g., conflict of interest, nepotism, procedural nonadherence, etc.) which put the aggrieved training provider at a competitive disadvantage. The WIOA Services Director will conduct a review of the complaint, schedule a hearing if the grievance factors so warrant, and issue a decision within 30 days from the date of receipt of the review request. Attempts at informal resolution may proceed during the 30-day period between the filing and hearing of the grievance and prior to the rendering of a decision on the grievance. If a hearing is warranted: 1. Interested parties will be provided a notice of hearing, which will include: the manner in which the hearing will be conducted, the date, time, and place of hearing; an opportunity to present evidence; and a written decision following the hearing 2. The provider or respondent may, with good cause, request a rescheduling of the hearings 3. The provider will have the burden of establishing the facts and the entitlement to the relief requested, and 4. The provider or respondent has the right to representation by an attorney or other representative. The decision rendered by the WIOA Services Director will be final. Appeal of the Termination/Suspension/Denial of Eligibility by the State An appeal must be made in writing and submitted within 45 days of termination or denial to: Mr. Ben Hames Deputy Commissioner Georgia Department of Economic Development s Workforce Division 75 Fifth Street, NW, Suite 845 Atlanta, Georgia The appeal must be signed by an authorized individual from the training provider and should include: 1. Name of the training provider 2. Address and phone number of the training provider

10 3. The specific program which was denied (if applicable) 4. A copy of the Notice of Termination/Denial 5. An explanation of why an appeal is being filed, and 6. If applicable, documentation of any specific factor (e.g., conflict of interest, nepotism, procedural nonadherence, etc.) which put the aggrieved training provider at a competitive disadvantage. The Deputy Commissioner will conduct a review of the complaint, schedule a hearing if the grievance factors so warrant, and issue a decision within 30 days from the date of receipt of the review request. Attempts at informal resolution may proceed during the 30-day period between the filing and hearing of the grievance and prior to the rendering of a decision on the grievance. If a hearing is warranted: 1. Interested parties will be provided a notice of hearing, which will include: the manner in which the hearing will be conducted, the date, time, and place of hearing; An opportunity to present evidence; and a written decision following the hearing 2. The provider or respondent may, with good cause, request a rescheduling of the hearings 3. The provider will have the burden of establishing the facts and the entitlement to the relief requested; and 4. The provider or respondent has the right to representation by an attorney or other representative. The decision rendered by the Deputy Commissioner, who serves as the Governor s authorized representative, will be final.

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