Policy 2B ELIGIBLE TRAINING PROVIDER LIST POLICY

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1 Policy 2B ELIGIBLE TRAINING PROVIDER LIST POLICY Purpose: The Workforce Investment Act of 1998 emphasizes informed customer choice by performance accountability and continuous improvement. One of the primary means to achieve these goals is the Eligible Training Provider List (ETPL). In partnership with the State, the Mendocino County Workforce Investment Board (WIB) will gather and display useful information on training providers, their services, and the quality of their programs. Only providers and programs that meet specific criteria will be listed on the ETPL and will be eligible to receive Individual Training Account (ITA) funding through WIA. Background: Under WIA Section 122, the Mendocino County WIB accepts applications from prospective training providers for listing on ETPL, determines if the applicant meets State and local criteria for listing, and forwards information to the State on those providers who meet State and local criteria. The State will accept information forwarded by the WIB on training providers and compile a single comprehensive state list (the ETPL) and disseminate it with performance and cost information to the CalJOBS SM system. Holders of ITAs shall have the opportunity to select any of the eligible providers on the ETPL. The ETPL is available online at under Education Services. REFERENCES: WIA Section 122, WIA Final Rule Section , EDD Workforce Investment Act Directives 13-8, WIA Statewide Waivers and State Plan PY , 13-10, EDD Eligible Training Provider List Policy and Procedures, and 13-13, Contracts with Higher Education or Eligible Training Providers. Policy: All new and existing training providers are required to have their authorized representative register their institution and programs online in CalJOBS SM at Prospective training providers can find instructions for registering/applying for ETPL consideration online at: in the Provider Services Guide. The provider may also contact the Mendocino County WIB ETPL Coordinator to inquire about applying to be listed on the ETPL to provide training services. A separate application is required for each program of training services

2 offered by the provider. In addition, all providers must meet initial or subsequent eligibility criteria for listing on the ETPL. With the exception of customized on-the-job training, only providers whose training programs are listed on the ETPL are eligible to receive WIA funds for training adults and dislocated workers. Institutions of higher education do not need to be listed on the State s ETPL to provide direct training when they utilize direct training contracts. See Directive WSD A. Training Program Criteria In order for a provider to receive ITA funds its program(s) must be on the ETPL, and these programs may provide training services such as: 1. Occupational skills training, including training for non-traditional employment. 2. Programs that combine workplace training with related instruction, which may include cooperative education programs. 3. Training programs operated by the private sector. 4. Skill upgrading and retraining. 5. Entrepreneurial training. 6. Job readiness skills. 7. Adult education and literacy activities provided in combination with any other training service outlined above. Since each training program requires a separate application, the following is the definition of a program of training services : 1. One or more courses or classes that, upon successful completion, leads to: a. A certificate, an associate degree, or baccalaureate degree, or b. The skills or competencies needed for a specific job or jobs or an occupation, occupational group or generally for many types of jobs or occupations, as recognized by employers and determined prior to training. 2. In addition to the above definition, each program of training services is unique based on its goals, location, and curriculum, or by the requirements of the regulatory agency. B. INITIAL PROVIDER ELIGIBILITY Providers eligible for initial listing on the ETPL: 1. Must meet State minimum performance criteria, as described below; and

3 2. Must provide training for occupations based on priority industry sectors identified in the State or local Strategic Plan. The training must result in completion of an industry-recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. Training programs and/or providers must have industryappropriate accreditation status. 3. Additionally, providers must meet one of the following criteria in order to have their programs listed on the ETPL: a. Bureau of Private Postsecondary Education (BPPE) Approval to Operate, or Verification of Exemption by BPPE; Providers who are exempt from BPPE are typically not eligible for listing on the ETPL. Each exemption will be reviewed, and an exemption letter from BPPE must be provided. b. Accreditation by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges; c. Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and offering programs leading toward an associate degree, baccalaureate degree, or certificate; d. Programs that are jointly registered under the National Apprenticeship Act (NAA) with the Department of Labor (DOL) and the California Division of Apprenticeship Standards (CDAS); e. Approval by the California Department of Education; f. Approval by the Chancellor s Office of the California Community Colleges (CCCCO). 4. Must provide a current and valid Federal Tax ID Number. 5. Must certify that each prospective course is: Accessible to the disabled; and Offered to the public. 6. Must certify that it is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency or department. 7. Must provide a copy of its current and valid: a) State, regional, or other official and generally acceptable postsecondary and/or vocational accreditation for each prospective training course; b) A minimum $1,000,000 liability insurance policy for each prospective training site, to cover accidental injury to students during regular attendance; and

4 c) A published course catalog or other publicly accessible documents describing the agency and the courses offered. C. Performance Criteria for Initial Eligibility All providers are required to enter performance data for each program to be listed on the ETPL and provide evidence that they have met the minimum performance criteria required. Programs that do not include performance data will not be approved for listing on the ETPL. Providers must provide a copy of their BPPE Annual Report to the WIB or document achievement of their performance criteria through the BPPE website. Those private postsecondary education providers not subject to BPPE oversight (e.g. WASC exemption or other BPPE exempt category) must provide evidence of their reported outcomes, post them on their websites, or otherwise make them easily available for public access. All training providers and program types listed below must meet the minimum performance criteria established herein for initial eligibility, and priority industry sector information must be verified with the State Board and/or local board. 1. Performance Criteria for Private Postsecondary Education Provider: a. Programs must meet an Entered Employment (placement) Rate of 70%. 2. Performance Criteria for Registered Apprenticeship Program: a. Programs must meet an Apprenticeship Completion Rate of 70%. 3. Performance Criteria for Community College, CSU and UC Program: a. Programs must result in the awarding of an industry-recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. 4. Performance Criteria for Adult Education Programs: a. Programs must result in the awarding of an industry-recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements. Training programs must have industry appropriate accreditation status.

5 5. New Programs To be considered a new program, the program must have never been offered to the general public prior to this application. New program does not mean new to WIA or the ETPL. The program must meet all other eligibility criteria, and shall be subject to subsequent eligibility performance criteria. The initial period of performance shall be from 12 to 24 months. D. Performance Criteria for Subsequent Eligibility At times when there is not a state waiver in place subsequent eligibility must be evaluated annually to determine eligibility of the training program to be retained on the ETPL beyond the period of Initial Eligibility. Performance will be evaluated annually by December 1 st utilizing BPPE, CalJOBS SM, Division of Apprenticeship Standards, California Community College, Adult Education, local WIB, and/or other appropriate data sources. Programs must meet the following performance standard during the period of initial eligibility to be retained on the ETPL: 1. Private Postsecondary Education Providers a. Entered employment (placement) rate of 70 percent in a training-related occupation. 2. Division of Apprenticeship Standards Registered Apprenticeship Programs a. Programs must meet an Apprenticeship Completion Rate of 70%. 3. California Community College, CSU and UC Programs a. Certificate or credential attainment of 70 percent for all program participants; and b. Entered employment in training-related occupation of 70 percent for WIA participants only 4. Adult Education Programs a. Completion, certificate, or credential4 attainment of 70 percent for all program participants; and b. Entered employment in training-related occupation5 of 70 percent for WIA participants only.

6 5. Considerations for Subsequent Eligibility of Public Funded Education Providers (Adult Education, Community Colleges, CSU and UC Campuses). a. When the number of WIA participants is less than ten WIA participants during any program year, subsequent eligibility will be based on a two-year program cycle. E. Denials, Delisting and Appeals Training providers and programs may be denied or delisted by the ETPL Coordinator. The training provider must be notified accordingly and has the right to appeal any decision. A. Denial of Listing and Delisting of Programs/Providers 1. Reason for Initial Denial a. If the application from a provider is not complete or not submitted within the timeframe requested by the WIB. b. If the applicant fails to meet the minimum criteria for initial eligibility to be listed on the ETPL. c. If the applicant intentionally supplied inaccurate information. d. If the provider has substantially violated any WIA requirement(s). 2. Reason for Delisting a. The private postsecondary provider approved by BPPE has not complied with the BPPE Annual Performance Reporting requirement. b. The school has lost its accreditation from WASC. c. The provider has not achieved the minimum performance criteria for subsequent eligibility for the program(s) listed on the ETPL. d. A WIA participant has not enrolled in the training program during the previous three program years (July 1 through June 30). To be determined by the ETPL Coordinator on a case-by-case basis. B. Notice to Provider of Denial or Delisting from the ETPL 1. If the ETPL Coordinator denies a provider s application for listing on the ETPL, a notice will be sent within 30 days of receipt of the

7 application, informing the provider in writing. The notice will include the reason(s) for the denial and complete information on the appeal process. 2. If the Employment Development Department (EDD) denies a provider s program listing on the ETPL, EDD must within 30 days of receipt of the nomination from the WIB, inform the WIB of the denial and the reason(s) for the denial. The WIB must inform the provider in writing and include the reason(s) for the denial and complete information on the appeal process. C. Penalties 1. If the EDD, in consultation with the nominating WIB, determines that a provider intentionally supplied inaccurate information, the EDD or the WIB working with EDD shall terminate the eligibility of the provider; remove them from the ETPL; and deny their eligibility to receive any funds under WIA Section 133(b) for at least two (2) years. 2. If it is determined that an eligible provider substantially violates any WIA requirement(s), the EDD or the WIB working with the EDD shall terminate the eligibility of the provider to receive any funds for a period of time under WIA Section 122(f) for at least two (2) years, for or take other such action as deemed appropriate. D. Appeals 1. The provider has the right to appeal a decision made by the ETPL Coordinator and must submit an appeal to the WIB in writing within 30 days of the issuance of the denial notice. The appeal must include a statement of the desire to appeal; specification of the training program in questions, the reason(s) for the appeal; and the signature of the training provider s authorized representative. 2. The training provider may appeal to the EDD if it has exhausted the appeal process of the WIB and is dissatisfied with the WIB s final decision. a. A provider wishing to appeal to the EDD must submit a written appeal within 30 days from either the issuance of a denial notice or the provider s notification of a local board s final decision on an appeal. The request for appeal must include a statement of the desire to appeal; specification of the program in question; the reason(s) for the appeal (i.e.

8 grounds); and the signature of the appropriate provider official. A provider appeal should be addressed to: : ETPL APPEAL Workforce Services Division, MIC 50 P.O. Box Sacramento, CA Title Eligible Training Provider List Policy Policy Number 2 Revision Number B Effective Date 1/14/2015 Revision Date 12/31/2014 References WIA Section 122, WIA Final Rule Section , EDD Workforce Investment Act Directives 13-8, WIA Statewide Waivers and State Plan PY , 13-10, EDD Eligible Training Provider List Policy and Procedures, and 13-13, Contracts with Higher Education or Eligible Training Providers. Key Words Author Kristen Lawson Section(s) Amended References & Policy Adopted Comm. Date: Adopted WIB 1/14/2015 Attest: