(1) Eligible training providers. Eligible
training providers include:
a. Postsecondary
educational institutions that are eligible to receive funds under Title IV of
the Higher Education Act of 1965 and provide a program that leads to an
associate degree, baccalaureate degree or certificate;
b. Entities that carry out programs under the
National Apprenticeship Act; and
c.
Other public or private providers of a program of training services.
(2) Training programs. A program
of training services is one or more courses or classes that, upon successful
completion, lead to a certificate, an associate degree, or baccalaureate
degree; or a competency or skill recognized by employers; or a training regimen
that provides individuals with additional skills or competencies generally
recognized by employers.
(3)
Certification process. An application for each training program must be
submitted to the regional workforce investment board in the region in which the
training provider desires its program to be approved. Each program of training
services must be described, including appropriate performance and cost
information. Training providers shall be approved, initially, as well as
subsequently, by regional workforce investment boards in partnership with the
department.
(4) Regional workforce
investment board role. The regional workforce investment board shall be
responsible for:
a. Accepting applications
from postsecondary educational institutions, entities providing apprenticeship
programs, and public and private providers for initial and subsequent
approval.
b. Submitting to the
department the local list of approved providers, including performance and cost
information for each program.
c.
Ensuring dissemination of the statewide list to participants in employment and
training activities through the regional workforce development center
system.
d. Consulting with the
department in cases where approved providers shall have their approval revoked
because inaccurate information has been provided.
e. Notifying all known providers of training
in their region regarding the process and time line for accepting
applications.
(5)
Department role. The
department shall be responsible for:
a. Establishing initial approval criteria as
well as setting minimum levels of performance for public and private
providers;
b. Setting minimum
levels of performance measures for all providers to remain subsequently
approved;
c. Developing and
maintaining the state list of eligible training providers, which is compiled
from information submitted by the regional workforce investment
boards;
d. Verifying the accuracy
of the information on the state list;
e. Removing training providers who do not
meet program performance levels;
f.Disapproving training providers who provide
inaccurate information; and
g.
Disapproving training providers who violate any provision of the Workforce
Investment Act.
(6)
Initial provider approval. Upon completion of the application, initial approval
shall be granted to:
a. Postsecondary
educational institutions that are eligible to receive funds under Title IV of
the Higher Education Act of 1965 and provide a program that leads to an
associate or baccalaureate degree, certificate, or diploma; and
b. Entities that carry out apprenticeship
programs registered under the National Apprenticeship Act.
c. Other public and private providers of
training services that currently provide a training program shall be required
to submit additional information to the regional workforce investment board in
the region in which they desire to provide training services.
The department shall accept documentation from the appropriate
certification body for postsecondary educational institutions that are eligible
to receive funds under Title IV and National Apprenticeship programs, who do
not provide a program of training services at the time of application.
(7) Other public and
private providers of training services that currently do not provide a program
of training services at the time of application must:
a. Document the need for the training based
on specific employer needs in the region; and
b. Develop a training curriculum with the
agreement of local employers.
Once the training provider's program is approved, the training
provider shall be included on a statewide list that will be available to
customers seeking training services.
(8) To be eligible effective July 1, 2000,
interested training providers must submit their applications to the regional
workforce investment board in their region. The application date shall be
established by each regional workforce investment board. All approved
applications must be submitted to the department by May 31, 2000. The
department has 30 days from the receipt of the regionally approved applications
to review and verify the information provided. Initial approval for all
training providers shall be effective until November 30, 2001.
(9) If a training provider has been
determined to be initially eligible and desires to continue its eligibility, it
must submit performance information to the regional workforce investment board
and meet performance levels annually.
(10) Each regional workforce investment board
shall maintain a list of all approved training providers, including providers
for on-the-job and customized training in the region, and make the list
available statewide. The regional workforce investment board shall submit all
approved applications to the department after the applications are received
locally. The department shall be responsible for maintaining the statewide list
of all approved training providers. The list will be updated at least annually
or as needed and made available to participants in employment and training
activities and others through the regional workforce development center system.
The regional workforce investment board has the responsibility of notifying all
known providers of training in the board's region regarding the process and
time line for accepting applications. The department may approve training
providers from other neighboring states when requested.
(11) Application process for initial
approval.
a. Postsecondary educational
institutions that are eligible to receive funds under Title IV of the Higher
Education Act of 1965 and entities that carry out programs under the National
Apprenticeship Act must submit an application as required by the regional
workforce investment board. The regional workforce investment board may develop
its own application procedures or adopt the procedure developed by the
department for other public and private training providers.
b. Other public or private providers of a
program of training services shall be required to complete and submit an
application to the regional workforce investment board in each region as
specified below. The application requires identifying information on the
training provider and enrollment periods, as well as the following information:
(1) The name and description of the training
program(s) to be offered.
(2) The
cost of each training program (tuition; books; supplies, including tools;
uniforms; fees, including laboratory; rentals, deposits and other miscellaneous
charges) to complete a certificate or degree program or an employer-identified
competency skill.
(3) A description
of the facility and organization of the school.
c. Program completion rate for all
individuals participating in the applicable program conducted by the provider.
A program completer is a person who has obtained a certificate, degree, or
diploma; or received credit for taking the program; or received a passing grade
in the program; or finished the required curriculum of the program.
d. Percentage of all students in the program
who obtained unsubsidized employment.
e. Average wages of all students in
unsubsidized employment.
For initial approval, the regional workforce investment board
may require additional information.
(12) Required information for subsequent
approval. To remain an approved training provider, all training providers must
have their performance information reviewed by the regional workforce
investment board on an annual basis. The required performance information for
subsequent approval includes the following information:
a. Program completion rate for all
individuals participating in the applicable program conducted by the
provider.
b. Percentage of all
students who obtained unsubsidized employment.
c. Average wages of all students who obtained
unsubsidized employment. (If a training provider is using the unemployment
insurance database to calculate wages, the average starting wage will be
calculated by a national Department of Labor formula that converts quarterly
unemployment insurance wages into an hourly rate.)
d. Where applicable, the rates of licensure
or certification, attainment of academic degrees or equivalents, or attainment
of other measures of skill of the graduates of the training program.
e. Percentage of WIA participants who
obtained unsubsidized employment.
f. Percentage of WIA participants who have
completed the training program and who are placed in unsubsidized
employment.
g. Retention rates in
unsubsidized employment, six months after the first day of employment, of WIA
participants who have completed the training program.
h. Average wages, six months after the first
day of employment, received by WIA participants who have completed the training
program.
i. Average actual cost of
training, including tuition, fees, and books, for WIA participants to complete
the training program.
The department shall publish, on an annual basis, guidelines on
acceptable performance measures for training providers.
(13) Nonapproval. The
department,
in consultation with the regional workforce investment board, determines
whether or not to approve a training provider. If the regional workforce
investment board determines that the training provider does not meet the
established performance levels, a written recommendation shall be sent to the
division administrator of the division of workforce development center
administration. The division administrator shall make a determination whether
the training provider is disapproved and removed from the list. Regional
workforce investment boards and the
department must take into consideration the
following factors when determining subsequent approval:
a. The specific economic, geographic, and
demographic factors in the region in which the training providers seeking
approval are located; and
b.
Characteristics of the populations served by the training providers seeking
approval, including difficulties in serving such populations, where applicable.
If it is determined that an eligible provider or an individual
supplying information on behalf of the provider intentionally supplies
inaccurate information, the department shall terminate the approval of the
training provider for a minimum of two years. If either the regional workforce
investment board or the department determines that an eligible provider
substantially violates any requirement under the Act, it may terminate approval
to receive funds for the program involved or take other such action as
determined to be appropriate. A provider whose approval is terminated under any
of these conditions is liable to repay all WIA training funds it received
during the period of noncompliance.
(14) Appeal process. If a training provider
has been determined to be ineligible by failing to meet performance levels,
intentionally supplying inaccurate information, or violating any provision of
the Act, it has the right to appeal the denial of approval to the department.
The training provider shall follow appeal procedures as defined in
7.24(13).