REFERENCES: WIOA Law Text 40 TAC Chapter 841 WD 16-17, Change 1, WIOA Eligible Training Providers Evaluation Criteria and Performance Expectations

Transcription

1 PURPOSE: To provide the subrecipients, vendors, and training providers of the Workforce Solutions of West Central Texas Board with the Board s policies for: Board-required assurances as part of the local application process; Board policies and procedures for review of training provider applications; Eligible training provider certification and performance requirements; and The local appeals process. REFERENCES: WIOA Law Text 40 TAC Chapter 841 WD 16-17, Change 1, WIOA Eligible Training Providers Evaluation Criteria and Performance Expectations BACKGROUND: Under the Workforce Innovation and Opportunity Act (WIOA), customers who receive training services using Individual Training Accounts (ITAs) must select training providers from the Statewide List of Eligible Training Providers (Statewide List or ETPL), a system of the Texas Workforce Commission (TWC). Training providers are required to submit applications to the boards for the local workforce development areas in which the training provider wishes to provide a particular training program. Applications approved by the Workforce Solutions of West Central Texas Board ( WSTCTB or Board ) are then reviewed by TWC for approval and subsequent addition to the Statewide List. WD 16-17, Change 1 provided updated guidance on evaluation criteria and performance expectations for eligible training providers. With the issuance of this letter, Board policy is being revised to align with current TWC policy. The policies in this WB Letter were approved by vote of the WSWCTB on October 18, POLICIES/PROCEDURES: A. Provider Assurances To be considered for inclusion on Texas Statewide List of Eligible Training Providers and to access the automated system, training providers must have a signed, approved Provider Assurance Statement (PAS) on file with TWC. Submission of the PAS authorizes TWC to accept and use Equal Opportunity Employer/Program Auxiliary aids and services are available upon request to individuals with disabilities. This service is funded in whole or in part with federal funds. More detailed information is located on the Board s website at

2 information submitted via the automated system. The PAS applies to any/all applications for initial or subsequent eligibility determination that are submitted to any/all Boards. The PAS must be completed via the automated system, with a printed and signed copy forwarded to the TWC address provided on the form. B. Application Requirements Providers who want to provide training services in the Workforce Solutions of West Central Texas Area must submit applications to the Workforce Solutions of West Central Texas Board. For all applications a unique and separate application is required for each training program. The training must be for an occupation currently on the Workforce Solutions of West Central Texas Board s list of target occupations. In addition, if applying for a given training program to be offered at different training locations, a unique and separate application is required for each training location. Due to the potential need to conduct on-site visits for monitoring purposes, the Board will only approve a program if both the training site and provider headquarter office are located within 100 miles of the West Central Texas Workforce Development Area border (in any direction). All training provider applicants* shall include the following information in the application to the Board for initial and continued eligibility: a. the name, mailing address and physical address of the training facility; b. the name of the program(s) of training services submitted for WIOA funding; c. the total hours of instruction associated with each program of training services; d. the cost of each program of training services, including tuition, fees, books, and any required tools, uniforms, equipment, or supplies; e. a description of the skill set which will be acquired through each program of training services; f. a list of occupations determined by using a coding system specified by the Commission, in which these skill sets are of primary interest; g. if an occupation is not on the Board s Target Occupations List, evidence from employers, as described in Section D of this policy, that demonstrates that the occupation is in demand; h. information on whether the students in the course are eligible for Title IV of the Higher Education Act funding (Pell grant); and i. an outline of the course or program curriculum, including criteria for successful completion. *Note: Registered Apprenticeship programs are not subject to the same application and performance requirements as other providers. The only ETP criterion that applies to apprenticeships is that they be registered as apprenticeship programs with DOL. Once a training program is submitted, the Board has 90 days to review the application. If the Board does not take action within that time, the application will automatically be denied. Following local approval, TWC has 30 days to review board-approved applications. If final action is not taken by the Commission within that period, the program is certified without review and posted on Texas Statewide List of Eligible Training Providers. The training provider s program(s) will not be added to the statewide list until the completed applications have been approved by the Workforce Solutions of West Central Texas Board and certified by the Texas 2 of 7

3 Workforce Commission. WSWCTB requires the training provider to submit the Training Provider Certification form with the application. C. Evaluation Criteria and Performance Standards Certification Requirements WD Letter Change 1 and WIOA 122(a)(2) and (3) define the criteria for eligible training providers (ETPs). Additional ETP requirements are found in 40 TAC Chapter 841. At the June 7, 2016, TWC three-member Commission (Commission) meeting, the Commission approved the staff recommendation to extend the certification of grandfathered ETPs until after the issuance of final WIOA regulations and programmatic guidance. ETPs grandfathered in under WIA requirements must be recertified using the WIOA criteria. TWC will notify Boards when this recertification process must begin. The requirements outlined in this section apply to all providers, except Registered Apprenticeship programs. The only ETP criterion that applies to apprenticeships is that they be registered as apprenticeship programs with DOL. Registered Apprenticeship programs are to receive automatic approval to be included on the ETP list. Effective July 1, 2017, ETPs must meet the following evaluation criteria for initial and continued eligibility. 1. A provider must be: a. an institution of higher education providing a program that leads to a recognized postsecondary credential; b. an entity that provides registered apprenticeship training; or c. a public or private training provider, which may include community-based organizations, joint labor-management organizations, and providers of Adult Education and Literacy (AEL) activities under Title II (if AEL training services are provided concurrently or in combination with occupational skills training, on-the-job training, incumbent worker training, and other training cited under WIOA ). 2. Providers must be appropriately licensed, regulated, or accredited, or be exempt from regulation under Texas Education Code, Chapter 132, with authorization in a Letter of Exemption from TWC Career Schools and Colleges. 3. Programs must align with the Board s target occupations (more information in Section D.). 4. Programs must demonstrate partnerships with businesses by providing: a. a letter of support from a local employer or employers; b. evidence of the existence of an employer-based advisory committee; c. letter of support by an industry association or organization; or d. letter of support from a local economic development organization. 3 of 7

4 Performance For Initial Eligibility: Performance Standards for All Former Students Exiting between July 1, 2016, and June 30, 2018 Exiting on/after July 1, 2018 Percentage in unsubsidized employment in the second quarter after exit from the training program 60% 65% For Continued Eligibility: Performance Standards for All Former Students Exiting between July 1, 2016, and June 30, 2018 Exiting on/after July 1, 2018 Percentage in unsubsidized employment in the second quarter after exit from the training program Percentage in unsubsidized employment in the fourth quarter after exit from the training program 60% 65% 60% 65% Median quarterly earnings of those in unsubsidized employment in the second quarter after exit from the training program* Wages > entry-level wage in the local workforce development area (workforce area) for the occupation to which the ETP was intended to lead Wages > entrylevel wage in the workforce area for the occupation to which the ETP was intended to lead *Median earnings of program participants in unsubsidized employment during the second quarter after exit must be greater than or equal to the starting wage of the occupation for which training was provided, as listed on the Board s target occupation list. Providers submitting applications for new programs are not required to provide performance data with their initial application. New programs are defined in WD 16-17, Change 1 as programs that: have never been delivered to any student, regardless of funding source, on or before the date of initial eligibility application submission; or have been delivered to students but not for long enough to have mature performance data. 4 of 7

5 D. The Target Occupations List As mentioned in Sections B and C, program applications must represent training for an occupation currently on the Board s list of target occupations. Training program applications must indicate an exact SOC code from the Target Occupations List. If a program does not train for one of the occupations listed, it will not be approved. However, on a case-by-case basis the Board will consider adding occupations that have been determined to have a high potential for sustained demand and growth in this workforce area, based on sufficient and verifiable documentation. Therefore, if a provider wishes to submit an application for training that is not represented on the Target Occupations List, the provider must present documentation to support the following items: 1. Justification for including the occupation on the Target List (e.g., new industry moving into the area), 2. Projected growth in the workforce area for the next three years, 3. Number of projected annual job openings in the area, and 4. Average entry wage in the workforce area. Upon consideration of the request and accompanying documentation, the Board will determine whether to add the occupation to the list. Acceptable documentation includes any of the following: 1. Recent economic statistics (labor market information); 2. Information/letter(s) provided by employer(s); 3. Posted job openings; 4. Newspaper articles; 5. Information provided by a professional organization(s) related to the occupation or industry; 6. Local employer-based advisory groups; and/or 7. A letter of support from the community economic development director. It is the Board s policy to provide training sponsorship for programs offered in the Workforce Solutions of West Central Texas area. Per state and federal regulations, customers may select training programs from any area on the Statewide List. However, training services will only be provided for programs related to the Board s Target Occupations List, or the target occupations list of another board area to which the individual is willing to commute or relocate. For the latter scenario, the customer must attest in writing their intent to commute or relocate to another board area. E. Board Notifications The Board provides information regarding this ETP policy by listing it on the publicly accessible WSWCT website. Upon Board approval or denial of a training application, notification is ed within 10 working days to the contact person listed on the application. The Board provides an annual invitation to training providers to submit training applications. The invitation is published in local newspapers. 5 of 7

6 F. Options for Denied Applications Providers may appeal the denial of a training program application using the Board s appeal procedure, located in the WSWCT website. When a training program application does not meet all state and local requirements, the Board will notify the provider and give them the option of withdrawing the application in order to resubmit it with the required information/documentation. If the provider chooses not to withdraw the application it may be subsequently denied. If the provider does not appeal or appeals unsuccessfully, they may reapply for the denied program to make adjustments so that the application, program, or provider is currently in compliance with WIOA requirements. G. Program Removal Approval for inclusion of a training program on the Statewide List is due in part to its correlation with the WSWCT Target Occupation List, which is updated annually. When the Target Occupation List is updated, a review of programs is conducted to determine if any are related to occupations no longer in demand. If that occurs, the Board will remove the program and notify the training provider. Waiver programs (that were approved although not listed on the Target Occupation List) will also be reviewed for potential removal. In addition, the Board will remove a training program when its performance falls below locally-established minimum targets. A program will be removed from the list if it is determined the program does not meet performance requirements, or if it is known that a provider: Violated state or local laws, Intentionally submitted inaccurate information, or Committed other WIOA violations. The Board will report to TWC any known or suspected violations of state or local laws, or of WIOA requirements. Providers may withdraw an application from the certification review process or may withdraw an application that is currently certified and posted on the Statewide List of Certified Training Providers. Initial or Subsequent Eligibility Applications may be withdrawn at any time after submittal to the Board(s). Customers attending a training program at the time it is removed from the Statewide List may continue the training program until they complete or exit. If there are health or safety violations at a training location where a program/course is currently offered the Board will consult with TWC as to the appropriate course of action. H. TAA Training TAA participants are not limited to programs on the ETPS, and may access training from any private or public school regulated by a state agency. Other guidelines impacting the choice of training programs that may be selected by TAA participants are listed in the Trade Adjustment Assistance Guide. 6 of 7

7 I. Board Contact: The Board Executive Director will designate a primary contact and back-up contact to serve as the ETP liaison or contact. ACTIONS REQUIRED: Training providers desiring to submit training program applications must comply with the requirements contained in this policy. The workforce program subrecipient must ensure staff is aware of these policies and adheres to the requirements when considering a customer for training sponsorship. EFFECTIVE DATE: November 8, of 7