Narrative: b. 3.

Eligible Training Provider Initial Eligibility Certification Procedure

Purpose:

The purpose of this procedure is to outline the certification process for new eligible training providers in accordance with the federal Workforce Innovation and Opportunity Act of 2014.

Reference:

The Workforce Innovation and Opportunity Act (WIOA), Section 122.  

Procedure:

To be included on the Eligible Training Provider List (ETPL), providers must submit an electronic application to the Local Workforce Development Board (LWDB) for the area where they wish to provide training services. A separate electronic application must be submitted for each training program. Also, if applying for a training program to be offered at different training locations, a separate electronic application is required for each training location. Each training program must be on the current Projected Employment Opportunities List.

Providers who may apply to be included on the ETPL include:

•   An institution of higher education that provides a program that leads to a recognized postsecondary credential;

•   Another public or private provider of a program of training services, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities, if such activities are provided in combination with occupational skills training. These providers must have all appropriate licenses to operate in the State of Arkansas and will be required to submit copies of such licenses.  The information will then be verified by the Arkansas Department of Workforce Services (ADWS).

An entity that carries out programs under the National Apprenticeship Act will be included and maintained on the ETPL for so long as their program remains registered. These providers will be required to provide documentation that verifies their program is a registered apprenticeship program certified by the U.S. Department of Labor, Office of Apprenticeship.

The first step of the process is to determine if a provider is qualified to apply using initial eligibility status.  All provider/program combinations that have not been previously eligible under WIOA Section 122 or the Workforce Investment Act Section 122 may apply under these rules.

Required Information for Initial Eligibility:

 The information to be included on the initial application is described below.

1.  A description of the training program to be offered including the costs of tuition, books and fees.

2.  The program completion rate for all individuals participating in the applicable program to be offered by the provider.

To calculate: The number of all participants who completed the program/course during the reporting period divided by the total number of all participants.

3.  If the training provider is in a partnership with business/industry and an explanation of the partnership.

4.  If the training program leads to a recognized postsecondary credential and a description of the credential.

5.  If the program aligns with in-demand industry sectors and occupations.

The Initial Eligibility Certification Process:

1.  Providers eligible to apply under this section will complete an online electronic application for “initial certification” through the automated Arkansas Job Link (AJL) ProviderLink system located at https://www.arjoblink.arkansas.gov/. 

Providers must apply for each individual program. If multiple training locations exist, an application must be made for each location. Providers may make application to any or all Local Workforce Development Boards (LWDBs) at the same time.

2.  The LWDBs will receive the application via the AJL ProviderLink system if (1) The program’s CIP Code appears on the current Projected Employment Opportunities List for the State or Local Workforce Development Area, and (2) Required items are complete and meet minimum qualifications.

3. The LWDB will electronically approve or disapprove each application received via the Internet.  The LWDB is responsible for ensuring that the provider’s performance information meets or exceeds the State minimum levels.

4.  Upon approval by the LWDB, the provider will be automatically placed on the Eligible Training Provider Information Information menu of the Arkansas Division of Workforce Services (ADWS) website as a WIOA Eligible Training Provider for the applicable program.

If the training provider does not have performance data because the training program is a new program, then the provider must submit the following information to the LWDB of application to include:

1.  Written justification for the missing data, and

2.  The process that will be used to track and record the required information for re-certification.

The LWDB maychoose to waive the performance documentation requirement in this situation.  The LWDB should submit in writing their intentions to do so to the Arkansas Department of Workforce Services LMI division for processing of the application to continue.

Required Information for Continued Eligibility:

The information to be included on the continued application is described below.

1. The percentage of program participants who are in unsubsidized employment during the

second quarter after exit from the program

2. The percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program

3. The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program

4. The percentage of program participants who obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from the program

5. Information on cost of attendance, including cost of tuition and fees, for program participants

6. Information on the program completion rate for program participants

7.  A description of how the provider provides access to training services, including to rural areas, including the use of technology

8.  A description of the degree to which training program(s) align with in-demand industries and occupations in the State, as identified in State and Local Plans

9.  Any applicable state licensure requirements of training providers

10. A description of training provider’s ability to offer industry-recognized certificates and/or credentials through the program

11. A description of training provider’s ability to offer programs that lead to post-secondary credentials

12. A description of the quality of the program of training services including a program that leads to a recognized post-secondary credential

13. A description of the ability of the providers to provide training services that are physically and programmatically accessible for individuals who are employed and individuals with barriers to employment, including individuals with disabilities

14. The timeliness and accuracy of the eligible training provider’s performance reports

15. Relevant information reported to State agencies on Federal and State training programs other than programs within WIOA Title I.

While we do not intend to limit customer choice nor decrease the number of available training providers, we will prioritize certain individual criteria elements listed above during our evaluation for continued eligibility. Our primary focus will be placed upon the WIOA performance criteria, Numbers 1-4, followed by criteria Numbers 5-8.  The remaining criteria elements will be given no special emphasis.

The Continued Eligibility Certification Process: 

1. Providers eligible to apply under this section will complete an online electronic application for “continued certification” through the Arkansas Job Link (AJL) ProviderLink system located at https://www.arjoblink.arkansas.gov/. Providers must apply for each individual program. If multiple training locations exist, an application must be made for each location. Providers may make application to any or all Local Workforce Development Boards (LWDBs) at the same time. 
2. The LWDBs will receive the application via the AJL ProviderLink system if (1) The program’s CIP Code appears on the current Projected Employment Opportunities List for the State or Local Workforce Development Area, and (2) Required items are complete and meet minimum qualifications.
3. The LWDB will electronically approve or disapprove each application received via the Internet. The LWDB is responsible for ensuring that the provider’s performance information meets or exceeds the State minimum levels.
4. Upon approval by the LWDB, the provider will be automatically placed on the ACRS website as a WIOA Eligible Training Provider for the applicable program.

 Substantial Violation

Under WIOA, an institution commits a substantial violation when it: (1) fails to meet the state's procedure for timely and accurately submitting required information for annual ETP performance reporting, (2) fails to meet the state's procedure for timely and accurately submitting all required information for initial or continued eligibility, (3) intentionally provides false information, or (4) violates any provision of WIOA Title I or its regulations, including the nondiscrimination and equal opportunity provisions.

The State will take into account exceptional circumstances beyond the institution's control (e.g., natural disasters, unexpected personnel transitions, and unexpected technology-related issues) when determining if an institution committed a substantial violation for failing to timely and accurately submit required information. If it is determined that exceptional circumstances existed, then a substantial violation did not occur. If it is determined that an institution committed a substantial violation, the institution is prohibited from having its programs on the published ETPL for a minimum of two years and it is liable to repay any WIOA Youth, Adult, and Dislocated Worker Program funds it received during the period of noncompliance.

Registered Apprenticeship Programs

Registered Apprenticeship (RA) programs are an exception to the initial and continued eligibility certification processes.  They are exempt from performance and reporting-related requirements. These programs have already gone through a rigorous assessment as part of the registration process with the U.S. Department of Labor, Office of Apprenticeship (DOLETA/OA). Inclusion of RA programs on the state Eligible Training Provider List (ETPL) enhances participants’ awareness of the programs and provides local workforce systems with a mechanism to support this valuable training model.  All RA programs listed on the ETPL will automatically be considered as a statewide demand occupation for as long as they have an unfilled opening(s). Local boards may not require additional criteria of RA programs.

To be listed on the state ETPL, a RA program should complete the online ADWS Registered Apprenticeship Form. Once the completed form is received and reviewed for completeness, the RA program will be displayed on the ADWS website at: https://www.dws.arkansas.gov/programs/workforce-innovation/workforce-initiative/.

Denial and Eligibility Termination Appeal Procedures

A training provider that has been denied or has had its eligibility terminated may file an appeal in accordance with ADWS Policy No. WIOA I – 6.1, Change 2 (State of Arkansas Grievance, Complaint, and Appeal Procedures, Workforce Innovation and Opportunity Act Title I Activities).

The same procedure is used whether the status as a training provider is denied or terminated by the LWDB or by ADWS or if the status of eligibility as a provider of on-the- job training or customized training provided by a one-stop operator.

1. If the determination was made at the local area (such as for violations discussed in 20 CFR 680.480), the local grievance procedure must be followed before the appeal can be made to the State level. If the complainant is dissatisfied with the decision at the local level or if no decision is made within 60 days of the filing of the complaint, an appeal may be made to the State using the procedure in IV.E.2. of this policy.
2. If the decision to deny or terminate was made at the State level (such as by ADWS’s discovery of inaccurate information submitted or during the biennial review, as discussed in 20 CFR 680.480), the appeal may be sent directly to the State.
3. The appeal must be sent by certified mail, return receipt requested to the Director of ADWS at the address in Section IV.D. of this policy.
4. The complainant has the opportunity for an informal hearing, using the guidelines in Section IV.C.5. of this policy, with an opportunity for resolution will be completed within 60   days of the filing of the grievance or complaint [20 CFR 683.630(b)(2)].
5. Denial or termination of eligibility made by ADWS or upheld by ADWS in an appeal may be appealed to a hearing officer appointed by the Director of ADWS within ten (10) calendar days of receipt of the decision of the ADWS appeal. The appeal must be sent to the Director of ADWS at the address in Section IV.D. of this policy. The hearing officer will conduct an investigation, including a hearing if requested, and will reach a decision within 60 days.
6. A decision under this State appeal process may not be appealed to the Secretary of Labor [20 CFR 683.630(b)].