Narrative: b. 3.

The Procedure for Initial and Continuous Eligibility for Training Providers contains the State policy applicable to WIOA training providers. The policies guide the procedures, directives and the threshold criteria for achieving a determination of eligibility of educational institutions interested in providing training and learning services for adults and dislocated workers, in compliance with section 122 of WIOA. The procedure applies to trainings and learning programs provided through the use of the Individual Training Accounts ("ITAs").

The following institutions may request an eligibility determination, initial or continuing, to provide training services under WIOA:

• Higher education institutions that offer a program that leads to a post-secondary recognized credential;
• Institutions that offer training programs registered under the National Apprenticeship Act;
• Any other public or private institution with training programs, which may include joint labor-management apprenticeship organization and occupational technical training; and
• Eligible adult education and literacy service provider under Title II, if these activities are provided in combination with training in occupational skills.

Any educational institution must complete the application for eligibility and submit the required information electronically to be assessed by the Local Board, in accordance with section 122 of WIOA.

The Local Board submits to the state and to the State Board the training service providers that comply with the minimum requirement established by the Board. Thereafter, the State will include the recommended eligible programs in the State list of training services providers and disseminate them in all the One Stop Centers via the electronic system. The electronic system will automatically update the list any time a training or education program will be determined eligible. The State shall notify the Local Board through written communication the update of the training service providers' list.

Extended Eligibility – Biennial Review: All training providers’ eligibility is going to be reviewed at least every two years as indicated in the State Training Provider Policy. The State will review the performance of providers to ensure they are meeting minimum levels of performance. The biennial review will also include verification of the registration status of registered apprenticeship programs.

All sponsor of the Registered Apprenticeship program in the USDOL will automatically include the apprenticeship programs in the State list, which will be disseminated to the One Stop Centers. The electronic system will automatically update the list each time a Registered Apprenticeship Program is included. The sponsors of Registered Apprenticeship programs shall not be subject to the same requirements of implementation for the determination of eligibility of other training providers.

RA sponsors on the ETPL:

All Registered Apprenticeship (RA) programs are work-based, employer-driven, and consist of two primary components: on-the-job training (or on-the-job learning) and related instruction (e.g., classroom training). How those components are structured varies based on industry needs. The state ETP list addresses one of the two components of RA programs – the related technical instruction – generally referred to as “RTI.”

Under WIOA, all apprenticeship programs that are registered with the USDOL Office of Apprenticeship (OA) could be automatically eligible to be included on the State Eligible Training Provider List, as a wish of the sponsor RIT providers.

All RA programs will be informed of their automatic eligibility to be included on the list and will be provided an opportunity to consent to their inclusion, before being placed on the State ETPL.

There are no WIOA performance requirements for RA programs and are not required to provide ongoing reports to the state or local boards.

Puerto Rico provides to the sponsors that, as part of the RI, in case of need a registration form with instructions, for contract external training services.  If they wish to belong to the ETPLs in accordance with 20 CFR 680.470 A, the RI provider should complete the form to be in.  All external RI providers are oriented on their right to decide to be a part of the ETPL. 

It is important to highlight that in Puerto Rico, there is a tendency to offer the RI activity with internal resources. This is because many industries maintain training programs designed by their Subject Matter Experts (SME).  SMEs, on certain topics, are also hired externally. These external SMEs do not meet the requirements to be registered on the ETPL. As a general rule, these external SMEs are private individuals, consultants, and advisers in specific areas. RI outlines containing courses offered by external SMEs are limited because the RI outline is offered by a range of internal and external professionals who are experts in specific knowledge and skills that are part of the RI outline.

Local Workforce Development Areas (LWDA) may not impose additional criteria, information, or reporting requirements on RA programs. Additionally, if an LWDA has a local ETPL, RA programs should be included and should be noted as ‘in-demand occupations”. If an issue arises, LWDAs should contact the Workforce Development Program (WDP) for assistance.

RA programs must remain registered and in good standing with the OA to remain on the ETPL. Registered Apprenticeship program sponsors that have requested to be ETPs will remain on the ETPL as long as the program is registered or until the program sponsor notifies the WDP that it no longer wants to be included on the ETPL or until the RA program is determined to have intentionally supplied inaccurate information or to have substantially violated any provision of Title I of WIOA (e.g., civil rights of discrimination violations) or the WIOA regulations, including 29 CFR part 38. An RA program whose eligibility is terminated due to intentionally supplying inaccurate information or substantially violating WIOA provisions will be terminated for not less than two years and is liable to repay all youth, adult, and dislocated worker training funds if received during the period of noncompliance.

If instances of substantial violations are reported to the WDP, they will work in consent with the OA to make the determination of ineligibility. The opportunity for an appeal and hearing is described in the ETPL Appeal Procedures.

The biennial review will include verification of the registration status of RA programs and the removal of any RA programs that are not currently registered or do not wish to continue as ETPs. Although RA programs are not required to provide ETP Performance reports, voluntary reporting of performance information is encouraged under WIOA regulations, and outcomes for WIOA participants in WIOA funded RA programs must be included in the State’s annual performance report. WIOA 116 (d) (2).

In order for Registered Apprenticeship programs to be included on the ETPL, completion of an abbreviated form is necessary to collect information needed for populating the ETPL. If the program is viable and active, the program will remain on the ETPL as long as the program is registered or until the program sponsor notifies the State that it no longer wants to be included on the list.   Training programs must be approved by the Office of Apprenticeship.

Registered Apprenticeship can take many forms, and the sponsors are diverse, including:

• Employers who provide related instruction. A number of employers with Registered Apprenticeship programs provide formal in-house instruction as well as on-the-job training at the worksite.
• Employers who use an outside educational provider. Under this model, Registered Apprenticeship program sponsors do not provide the related instruction or educational portion of the apprenticeship, but rely upon an outside educational two entities to deliver instruction. Employers can use two- or four-year post-secondary institutions, technical colleges, eligible providers of adult education and literacy activities under title II, or on-line courses for related instruction. The employer is the ETP and must identify their instructional provider as defined locally.
• Joint Apprenticeship Training Programs. These programs are made up of employers and unions. They have an apprenticeship training school where the instructional portion of the Registered Apprenticeship program is delivered. The training schools are usually administered by the union.

• Intermediaries. Intermediaries can serve as program sponsors when they take responsibility for the administration of the apprenticeship program. They can also provide expertise such as curriculum development, classroom instruction, and supportive services, as appropriate. The intermediary is the ETP and must identify the instructional provider if an outside organization is providing the educational portion of the apprenticeship. Intermediaries include:
• Educational institutions including two and four-year post-secondary institutions, technical colleges, or eligible providers of adult education and literacy activities under title II. In this model, the educational institution administers the program, works with employers to hire apprentices, and provides classroom or on-line instruction for the apprenticeship program.
  • It should be noted that as part of our assessment and outreach to disseminate the apprenticeship program, registered educational institutions, understanding community colleges, universities, and similar, are being oriented to offer their programs to the employers who will be part of that registry. These institutions are nationally registered and can provide federal financial aid to the students who qualify. Individuals who enter Apprenticeship Programs belonging to these institutions will have the RI and the opportunity to be placed with employers allied to the program for the OJL;
• Industry associations administer the program and work with employer/members and educational entities to implement the apprenticeship program; and,
• Community-based organizations administer the program and work with employers, educational entities, and the community to implement the apprenticeship program.