Narrative: b. 3.

ELIGIBLE TRAINING PROVIDER POLICY AND PROCEDURES

This policy and procedures govern the operation of the statewide Eligible Training Provider List (ETPL) in New Hampshire. They address the activities of the Governor, State Workforce Innovation Board (SWIB) and their NH Works locations, and those training providers who wish to offer services to individuals whose training is funded by the Workforce Innovation and Opportunity Act (WIOA). This directive supersedes the Workforce Investment Act (WIA) and establishes the minimum performance standards for initial and subsequent eligibility for training providers who list training programs on the ETPL. New Hampshire is a single state entity, with the State serving as the state and local board, with a single ETPL system. Establish procedures for determining the initial and subsequent eligibility of public and/or private training providers to be included in the statewide ETPL.

• Establish procedures for determining the initial and subsequent eligibility of public and/or private training providers to be included in the statewide ETPL.
• Establish procedures for Registered Apprenticeship Programs to be included in the statewide ETPL.
• Emphasize informed customer choice, performance accountability, and continuous improvement.
• Develop and operate the ETPL in partnership with the SWIB. The ETPL is designed to gather and display useful information on training providers, their services, and the quality of their programs.
• The Office of Workforce Opportunity (OWO) receives applications from training providers for listing. In partnership with NH Employment Security (NHES), OWO staff determines if the applicant meets State criteria for listing.
• The OWO will accept and verify certain information forwarded by training providers, compile them into a comprehensive state list (the ETPL), and disseminate the ETPL with cost and performance information to the AJC (American Job Center) system. The ETPL is available online at the NHWORKSJob Match System.

WIOA Counselors may issue an Individual Training Account (ITA) to an adult, youth or dislocated worker (eligible participant) to fund training services after the customer’s needs have been determined. The training provider must be selected from those listed on the ETPL (exceptions are listed in Section III). The eligible individual will then compare the offerings on the ETPL, and, with the assistance of WIOA staff, select the most appropriate training program.

Registered Apprenticeships

Pursuant to Section 122(a)(3) of WIOA, apprenticeship programs registered with the U.S. Department of Labor, Apprenticeship and Training Division are automatically eligible to be included on the ETPL. USDOL and the State of New Hampshire are committed to developing apprenticeship opportunities for the citizens of New Hampshire. A Registered Apprenticeship Program (RAP) is a proven model of apprenticeship that has been validated by the U.S. Department of Labor or a State Apprenticeship Agency. RAPs enable and energize more employers to participate and provide them with access to larger talent pools that have been trained for entry-level through management positions, thereby meeting industry demands and reducing unemployment rates across the country.

This rigorous vetting process on the national level allows the registered apprenticeship program to bypass the initial or continued eligibility applications under these procedures. Although registered apprenticeship programs are automatically eligible, the program will not be included on the ETPL unless the program sponsor notifies the OWO. However, TEGL 8-19 states that all sponsors need to be notified of their right to be included on the list and sponsors need to consent to be on the list. The US Department of Labor’s Office of Apprenticeship in NH will provide contact information to staff at OWO of all new apprenticeship programs on a quarterly basis. OWO staff will email (or mail) all new registered apprenticeships within 30 days of receiving the list. An informational letter about the ETPL and the benefits of being include on the list, as well as the instructions and information required to register for the apprenticeship will be included or attached to the email.

As stated earlier, Registered Apprenticeship sponsors interested in being on the ETPL will not be subject to the same application and performance information requirements as other providers. All Registered Apprenticeship occupations for which registered apprenticeship programs are accepting applications or actively conducting apprenticeship training are considered an in-demand occupation for the purposes of ETPL eligibility. Once an apprenticeship program is registered on the ETPL, the program will remain on the ETPL until the program is no longer registered with the US Department of Labor’s Office of Apprenticeship in NH or until the provider notifies OWO, in writing, of their intention to be removed from the list. Additionally, OWO in coordination with the Office of Apprenticeship will verify the status of RAPs at least every two years to ensure that they remain registered by US DOL - ETA and remove any apprenticeship program from the ETPL that is no longer registered with US DOL - ETA.

Unlike registered apprenticeship programs, pre-apprenticeship programs do not have automatic eligibility for the ETPL. Pre-apprenticeship programs are subject to the same eligibility process and performance requirements as are all other eligible training providers.

Registered apprenticeship programs that request to be on the ETPL are required to provide the following information to OWO. Occupations included within the registered apprenticeship program;

1. The name and address of the registered apprenticeship program sponsor;
2. The name and address of the Related Technical Instruction provider, and the location of instruction if different from the program sponsor’s address;
3. The method and length of instruction; and,
4. The number of active apprentices.

Registered Apprenticeship programs are not subject to performance reporting or review by the state to be approved for the ETPL, as provided in 20 CFR 680.470. Registered apprenticeship programs are however required to comply with all laws and rules regarding apprenticeship programs including but not limited to CFR29, Part 29 and Part 30 and applicable labor laws in the State of New Hampshire.

Definition of a Program of Training Services

A program of training services, as referred to in the WIOA regulations, section 680.410(a), is one or more courses or classes, or a structured regimen that leads to one of the following:

1. A recognized post-secondary credential, secondary school diploma or its equivalent;
2. Employment; or
3. Measurable skill gains toward such a credential or employment.

EligibleTrainingProviders

Providers are entities eligible to receive WIOA funds for adult, dislocated worker and youth participants who enroll in training. Potential providers include:

1. Institutions of higher education that provide a program which leads to a recognized post- secondary credential;
2. Entities that carry out programs registered under the National Apprenticeship Act;
3. Other public or private providers of a program of training services, which may include joint labor-management organizations and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training; and
4. Local Boards, if they meet the conditions of WIOA. NOTE: NH does not have Local Boards.

Types of Training to Which These Procedures Apply

In order for a provider of training services to receive WIOA funds, its program(s) must be listed on the ETPL. 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. Registered Apprenticeship programs.
6. Entrepreneurial training; and
7. Job readiness skills, adult education and literacy activities provided in combination with any other training service outlined above.

Special Circumstances

Under WIOA section 134(c)(3)(G), limited exceptions allow local areas to provide training through a contract for services rather than Individual Training Accounts (ITAs) in order to maintain consumer choice. These programs are not included on the ETPL. These exceptions include:

1. On the Job Training
2. Customized training¹
3. Incumbent worker training²
4. Transitional employment³
5. Instances where the Board determines there are insufficient numbers of eligible providers of training services in the local area.
6. Where the Board determines an exception is necessary to meet the needs of individuals with barriers to employment (including assisting individuals with disabilities or adults in need of adult education and literacy services)
7. Where the Board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider to facilitate the training of multiple individuals in in-demand industry sectors or occupations (where the contract does not limit customer choice)
8. Pay-for-performance contracts⁴

Application Policy and Procedures

Office of Workforce Opportunity

• The OWO will use the NH Works Job Match System (JMS) ETPL Module for accepting applications from providers to be listed on the ETPL. The OWO will make determinations for initial and subsequent eligibility of providers.
• The OWO will establish policies requiring performance above the state minimum standards for providers to be included on the ETPL.
• The OWO will ensure that the data supplied by providers for ETPL eligibility is complete, accurate and current. This includes approval to operate by NH Higher Education Commission⁵, or another agency that verifies accreditation and issues licenses to training providers, such as NH Department of Safety.
• The OWO will also ensure that providers meet the state’s minimum performance standards. Providers must supply evidence of their reported outcomes. Aggregate performance reports will be pulled annually around January/February for OWO to review training providers’ performance and ensure providers meet the state’s minimum performance standards. The OWO will make them available for public access. This section does not apply to Registered Apprenticeships.
• The OWO will have agreements with approved training providers that include provisions requiring providers to maintain sufficient records and to make these records available for monitoring or audit by the state.
• The OWO will work with local and regional employers and education providers to ensure that training programs provide credentials, certificates and/or skills that are valued by employers within priority industry sectors identified in the State plan. Training 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.
• The OWO will ensure that ITAs being provided are for training programs that support a career pathway for the client in a growing, in-demand and/or priority industry sector as identified in the State plan, unless a High Demand Occupation Exception is approved by the State Board (see High Demand Occupation Exception section) ITAs will be provided in instances where it can be demonstrated that there is a demand for workers in the field of employment being sought by the client, and that training will result in increased earnings and career pathway opportunities.

Providers

• All new and current ETPL providers will be required to register in JMS and submit their request to the OWO for approval to have programs listed on the ETPL.
• Once approved by the OWO, the provider shall enter all the program information, completing all the required fields, including performance data in the NHWORKS Job Match System (JMS). Eligibility is determined on a program-by-program basis for each provider. Instructions and definitions are provided to assist with this process.
• The OWO will use the NH Works Job Match System (JMS) ETPL Module for accepting applications from providers to be listed on the ETPL. The OWO will make determinations for initial and subsequent eligibility of providers.
• The OWO will establish policies requiring performance above the state minimum standards for providers to be included on the ETPL.
• The OWO will ensure that the data supplied by providers for ETPL eligibility is complete, accurate and current. This includes approval to operate by NH Higher Education Commission, or another agency that verifies accreditation and issues licenses to training providers, such as NH Department of Safety.
• The OWO will also ensure that providers meet the state’s minimum performance standards. Providers must supply evidence of their reported outcomes. Aggregate performance reports will be pulled annually around January/February for OWO to review training providers’ performance and ensure providers meet the state’s minimum performance standards. The OWO will make them available for public access. This section does not apply to Registered Apprenticeships.
• The OWO will have agreements with approved training providers that include provisions requiring providers to maintain sufficient records and to make these records available for monitoring or audit by the state.
• The OWO will work with local and regional employers and education providers to ensure that training programs provide credentials, certificates and/or skills that are valued by employers within priority industry sectors identified in the State plan. Training 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.
• The OWO will ensure that ITAs being provided are for training programs that support a career pathway for the client in a growing, in-demand and/or priority industry sector as identified in the State plan unless a High Demand Occupation Exception is approved by the State Board (see High Demand Occupation Exception section). All training programs must ensure equitable access to diverse customers including those with disabilities. When training funding is limited, those individuals who are identified as being a priority of service participants shall receive funding based on their priority of service. In addition, ITAs will be provided in instances where it can be demonstrated that there is a demand for workers in the field of employment being sought by the client, and that training will result in increased earnings and career pathway opportunities.
• All providers are required to enter performance data for each program listed on the ETPL and provide evidence to the OWO that they have met the minimum performance criteria. Programs that do not include performance data will not be approved for listing on the ETPL.
• Providers should be prepared to provide a copy of their accreditation and license to operate as a training provider.
• Out of State Training Providers - New Hampshire has reciprocal agreements with Massachusetts, Vermont, and Maine that allow qualifying WIOA participants in New Hampshire to use ITAs to enroll in a program of training identified on those states’ ETPL, and for WIOA participants in those states to use ITAs to enroll in training programs on New Hampshire’s ETPL. Final approval for using a New Hampshire - funded ITA at a Massachusetts, Vermont, or Maine training provider rests with New Hampshire WIOA service providers.
• Other out-of-state training institutions that are not operating within New Hampshire and with which New Hampshire does not have a reciprocal agreement must apply to be on New Hampshire’s ETPL. In general, training providers should have a permanent location in NH in order to be included on the ETPL. NH will consider a program as ETP-eligible if it is on the ETPL in the state in which it is located. To find ETP Lists in other states, go to Career One Stop. In sum, out-of- state providers (aside from those in NH’s bordering states) must meet the following criteria for consideration of inclusion on NH’s ETPL:
• Meet the eligibility requirements established in this policy.
• Meet the licensing requirements of its home state, and
• Be listed on its home state’s Eligible Training Provider List.
• Distance Learning - Training programs in which the majority of training is delivered via distance or online learning must meet the following requirements:
• Training providers must have a mechanism for student interaction with an instructor or instructors.
• Providers Headquartered Outside of New Hampshire: Training providers must have a process in place that ensures periodic assessment of each student.
• Training providers’ policy must describe the responsibilities of each party (training provider, participant) to the distance or online learning experience.

Initial Eligibility Policy and Procedures

Initial Eligibility Procedures

Procedures apply to all training providers, with the exception of Registered Apprenticeship, in light of the detailed application and vetting procedures under which apprenticeship programs become registered. Initial eligibility is based on the following:

• Meeting State minimum performance criteria, as approved by the State Board.
• Training must be for occupations in industry sectors that are in-demand⁶. 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.

Accreditation

Providers must provide evidence of accreditation and/or licensure with the appropriate state or other governing entity to have their programs listed on the ETPL. Potential entities include:

• NH Department of Education
• NH Higher Education Commission
• University System of NH Board of Trustees
• NH Department of Safety
• NH Board of Nursing
• NH Division of Fire Standards
• NH Division of Public Health Services
• NH Board of Barbering, Cosmetology and Esthetics
• Postsecondary institutions eligible under Title IV of the Higher Education Act (HEA) and offering programs leading toward an associate degree, baccalaureate degree, or certificate.

Initial Eligibility Additional Information

Additionally, Eligible Training Providers must provide the following for Initial Eligibility:

• Evidence that programs 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.
• Student grievance policy and procedure.
• Refund policy and procedure.
• Cost information, including tuition and fees.
• Describe whether the provider is in partnership with a business or multiple businesses.
• Information that addresses alignment of the training services with in-demand industry sectors and occupations, to the extent possible.
• Information related to the indicators of performance, for all students (includes every student enrolled in a WIOA-approved training program)
  • Unsubsidized Employment During the Second Quarter after Exit
  • Unsubsidized Employment During the Fourth Quarter after Exit
  • Median Earnings at the Second Quarter After Exit
  • Credential Attainment Rate

All providers, except Registered Apprenticeships, must meet the minimum established performance criteria, as approved by the State Board.

High Demand Occupation (HDO) Exception

Providers who have training programs that meet all other eligibility requirements but whose program is not listed on the current NH high demand occupation list, can request an exception. This exception only applies to whether or not the program should be exempt from this requirement. All other eligibility requirements must be met. Providers will need to provide documentation as to why this training program is needed on the ETPL by completing a request form. Only providers that have one or more programs that are on the current NH high demand occupation list are allowed to request an exception for additional programs.

Providers who wish to request this exception must complete all information on the HDO exception form (Appendix E) for consideration. Incomplete requests will be returned to the provider without consideration. Upon receipt of a completed HDO Exception Form, OWO will review the request for accuracy and forward the request to the State Workforce Innovation Board (SWIB) – Education and Training subcommittee. The subcommittee will vote to approve or deny the request.

• If the request is approved, the program will receive initial eligibility for one program year. After the initial eligibility expires, the program will be subject to the application procedures for continued eligibility.
• If the request is denied, the program will not be added to the ETPL and the program will need to wait one calendar year to request another exception.

Licensed Providers

Providers that are licensed by the Department of Safety, the Division of Public Health Services or the Board of Barbering, Cosmetology and Esthetics must provide additional documentation, including:

• documentation of liability insurance
• documentation of surety bond insurance in the amount of 10% of last year’s annual gross income or a minimum of $10,000
• most recent audit or audited financial statement.

Licensed by the Department of Education (DOE)

Providers that are licensed by the Department of Education (DOE) must follow the rules and regulations of DOE and provide the documentation as set forth in the NH Code of Administrative Rules 300 and NH Statute RSA 188-G (see Appendix D).

Initial Eligibility Period

Providers receive initial eligibility for only one program year for a particular program.

After the initial eligibility expires, these initially eligible providers are subject to the application procedures for continued eligibility (Section VII).

Application, Publishing and Maintenance of the ETPL

In order to assist participants in choosing employment and training activities, the OWO will make available the list of eligible training providers and accompanying performance and cost information to the Board and to members of the public online including through websites and searchable databases, including the NH Works one-stop delivery system and its program partners throughout NH.

The OWO will update the list regularly and provider eligibility will be reviewed according to the procedures determined herein.

The ETPL will be accompanied by appropriate information to assist participants in choosing employment and training activities. Such information will include:

• Recognized post-secondary credential(s) offered
• Performance information
• Cost information, including tuition and fees

Training providers are responsible for providing updated information through JMS. The OWO will accept any changes to data displayed for providers and programs listed on the ETPL and will update the list as necessary.

Subsequent Eligibility Policy and Procedures

Training Providers will apply for biennial renewal for an eligibility period to span the respective following two program years (July 1-June 30) when the programs become eligible for renewal. Providers must provide the following information during reapplication:

• Up to date provider information
• Up to date information on each program, including cost (tuition and fees).
• Student data for calculation of performance information⁷, which includes:
• Unsubsidized Employment During the Second Quarter after Exit
• Unsubsidized Employment During the Fourth Quarter after Exit
• Median Earnings at the Second Quarter after Exit
• Credential Attainment Rate
• Program Completion Rate for WIOA participants

Upon receipt of completed information and student data, OWO will make a determination of continuing eligibility. OWO’s determination of continued eligibility will be based upon the information supplied by the provider, as well as consideration of the provider’s continued ability to offer high quality programs resulting in industry-recognized certificates and recognized post-secondary credentials in in-demand industry sectors and occupations. OWO will also give consideration to the timeliness and accuracy of submitted performance reports as well as to ensuring approved trainings are physically and programmatically accessible for individuals who are employed and individuals with barriers to employment, including individuals with disabilities.

The ETPL and performance/cost data for each training program will be available online for the State Board, NH Works Centers, and general public consumption.

The period of eligibility will last for the following two program years (July 1-June 30).

Denial, Delisting, and Appeals Policy and Procedures

A training provider and/or its program may be denied inclusion in or removed from the state ETPL for the following reasons:

• The initial and/or renewal application was not completed, was not completed by the established due date, or was missing required information.
• Performance data was not submitted or was not submitted by the established due date.
• The training provider intentionally supplied inaccurate information.
• The training provider substantially violated any requirement under WIOA, state or local laws and policy.
• The training provider loses its license or accreditation of its accrediting body.
• Upon setting minimum levels of performance, a provider or program that fails to meet such levels will be removed.

If OWO denies eligibility for listing a provider’s program on the ETPL, the provider will be notified in writing within 30 days of this decision, with the reason(s) for denial and information on the appeal process. If a training provider chooses to appeal, the training program that is subject to removal shall remain on the ETPL until the appeal has concluded and a final determination is made. If WIOA students are currently enrolled in a program that is subject to removal or has been removed, those students will be allowed to complete the program.

A provider choosing to appeal a decision must submit a written appeal to the Director of OWO within 30 calendar days of the issuance of the denial notice. The written appeal must include:

• a statement of the desire to appeal;
• specification of the program in question; and
• Specifically and in detail, the grounds, and the reasons upon which it claims that the denial is invalid.
• OWO will not consider any factual or legal grounds for relief that are not set forth in the appeal. OWO will determine whether a hearing for the purpose of fact-finding is necessary and will issue a decision not later than 30 calendar days from either the date a hearing is held, or the date the appeal request is received by OWO.

Providers and Programs that have been removed from or denied listing on the ETPL may be reinstated after two years by applying through the initial application process. A provider who has been removed from the list for noncompliance is liable to repay all adult and dislocated worker-training funds received during the period of noncompliance.

Performance Measure Calculation Methodology and Process

Unsubsidized Employment during the Second Quarter after Exit

The employment rate is represented by the following formula: Numerator = Total number exiting the program (both completers and non-completers) during the 12-month reporting period with wages reported in the 2nd quarter subsequent to the exit quarter (the calendar quarter containing the exit or completion date); Denominator = Total number exiting the program (both completers and non-completers) during the 12-month reporting period.

 Unsubsidized Employment during the Fourth Quarter after Exit

The employment rate is represented by the following formula: Numerator = Total number exiting the program (both completers and non-completers) during the 12-month reporting period with wages reported in the 4th quarter subsequent to the exit quarter (the calendar quarter containing the exit or completion date); Denominator = Total number exiting the program (both completers and non-completers) during the 12-month reporting period.

Median Earnings at the Second Quarter after Exit

This measure calculates the median quarterly wage at the second quarter after exit of individuals exiting the training program (both completers and non-completers) during the reporting period with wages in the 2nd quarter subsequent to the exit quarter (the calendar quarter containing the exit or completion date).

The calculated median quarterly wage is then divided by 520 hours (the standard amount of hours considered full time employment in a calendar quarter) to arrive at an hourly rate for comparison to the Federal Minimum Wage.

Credential Attainment Rate

The credential attainment rate for participants reflects the following formula: Numerator = Total number of Participants who obtain a recognized post-secondary credential, or a secondary school diploma or its recognized equivalent during participation or 1 year after exit; Denominator = Total number of Participants exiting the program (both completers and non-completers) during the 12-month reporting period.

 ProgramCompletionRate

The program completion rate for WIOA Participant populations reflects the following formula: Numerator = Total number completing program during the 12-month reporting period. Denominator = Total number exiting the program (both completers and non-completers) during the 12-month reporting period.

 The denominator (total number WIOA Participants exiting the program) is defined as the total number of new program enrollments and number of active (continuing) students during the 12-month reporting period minus the total number still enrolled in the program at the conclusion of the reporting period.

Total # Exiting Program in 12-Month Reporting Period = Total # Program Enrollments in 12-month Reporting Period - Total # Still Enrolled at of 12-month Reporting Period

Definition of Terms

Completers: Any student who successfully attained the desired outcome of the program they were enrolled in leading to a nationally or state recognized certificate, credential, degree, or diploma.

Completion Rate: Total number of students completing the applicable program divided by the total number of individuals exiting the program (both completers and non-completers) within the 12-month reporting period.

Employment Rate: Total number of students exiting (both completers and non-completers) from the applicable program that obtained unsubsidized employment in the 2nd and 4th quarters subsequent to the exit quarter (the calendar quarter containing the exit or completion date), divided by the total number of students exiting the program.

Exiters: All participants in the program who left during the reporting period, no matter what the reason and regardless of their start date. Defined as the total number of new program enrollments and number of active (continuing) students during the 12-month reporting period minus the total number still enrolled in the program at the conclusion of the reporting period.

Exit Quarter: The calendar quarter containing the exit or completion date of a student.

Median Earnings: Median wage expressed as an hourly rate for all students exiting the applicable program and obtaining unsubsidized employment.

Reporting Period: The 12-month period that corresponds with the most recent WIOA Program year, running from July 1 through June 30 of the subsequent year.

Unsubsidized Employment: Any employment where the employee’s wages are not directly paid in whole or in part by federal funds. Employment in the military is considered unsubsidized employment.

WIOA Program Year: The WIOA Program Year begins July 1 and ends on June 30 of the subsequent year.

Minimum Data Requirements

Providers of training programs will be required to submit student data annually. The following circumstances will be considered in order to avoid excluding programs from the ETPL who serve a small population of students or have no WIOA clients.

No WIOA Participants: If a program serves no WIOA clients during the reporting period, the program is considered to have met any possible future State Performance measures for the WIOA measures (Program Completion Rate).

No Students: If a program did not have any enrollments during the reporting period, it will not be held to performance requirements. Training providers will indicate this by indicating an enrollment number of zero during renewal application periods.

Small Populations: If a program serves fewer than ten students (or if fewer than 10 students can be located in UI Wage Records), it will not be held to performance requirements for that Program Year. Instead, the program will group students over two consecutive years to calculate performance.

Example 1: If the WIOA Participant population of a program is five and the All-Student population is 25, the program will be exempted from the WIOA measure (Program Completion Rate) but the program will need to meet the All Student measures. For the subsequent year, the WIOA Participant population of the previous (exempted) year will be included in the WIOA performance measures.

Example 2: If the WIOA Participant population of a program is 12, but only 7 of those individuals have employment records, the program will be exempt from the Median Wage measure for WIOA participants that year (as only 7 records will be available to calculate measure). For the subsequent year, the WIOA Participant population of the previous (exempted) year will be included in this WIOA performance measures.

¹ The term ‘‘customized training’’ means training—

1. that is designed to meet the specific requirements of an employer (including a group of employers);
2. that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and
3. for which the employer pays—(i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities.

² Incumbent worker training is defined as training designed to meet the special requirements of an employer (or group of employers) to retain a skilled workforce or avert the need to lay off employees by assisting workers in obtaining the skills necessary to retain employment and conducted with a commitment by the employer to retain or avert laying off incumbent worker(s) that are trained in order to increase the competitiveness of the employee and/or employer.

³ Transitional employment is defined as time-limited subsidized work experiences that help individuals who are chronically unemployed and have barriers to employment establish a work history and develop skills to access unsubsidized employment and progress in the workplace.

⁴ The law defines pay-for-performance contract strategies as contracts that specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other training provider, that is eligible) based on the achievement of specified levels of performance on the primary indicators of performance for target populations as identified by the local board (including individuals with barriers to employment), within a defined timetable, and which may provide for bonus payments to such service provider to expand capacity to provide effective training.

⁵NH Senate Bill 148 exempts private, post-secondary career schools with adjusted gross income of less than $100,000 per year from regulations. While an ETP may be exempt under this regulation, all ETP’s on the WIOA ETPL must be accredited by an agency that verifies accreditation and issues licenses to training providers.

⁶ For the purpose of this policy, all approved Registered Apprenticeship programs meet the in-demand criteria.

⁷Student data for calculation of performance information: Disclosure of personally identifiable information from an education record must be carried out in accordance with the Family Education Rights and Privacy Act (FERPA). This includes obtaining prior written consent and the secure transmission of student data information.