We appreciate your comments in regards to the State’s Eligible Training Provider Certification procedure. The State received several useful comments. As a result, some changes were made which were included in the final procedures that were mailed to Workforce Development Agencies and Local Boards on May 31, 2000. Additionally, several issues related to the Eligible Training Provider Certification procedure were addressed at the WIA Technical Assistance Conference held on June 5-6. 

All stakeholders should recognize the Workforce Investment Act (WIA) and the Eligible Training Provider Certification process is evolving and should anticipate making course corrections throughout the program year to continuously improve the workforce investment system. 

If a particular comment was not addressed in the final Eligible Training Provider Certification procedure this does not imply it was overlooked. We understand that July 1, 2000, is rapidly approaching and do not expect all the components of WIA including the Eligible Training Provider List to be fully operational or in place by this date. However, we are optimistic that we have taken minimum steps that guarantee local flexibility and control in the development of the procedure. 

To further assist you, the State has prepared a technical assistance guide that includes a list of frequently asked questions and associated answers regarding the Eligible Training Provider List. Information pertaining to the Eligible Training Provider List is located on our website www.ohioworkforce.org. 

Again, thank you for your comments and efforts to help implement the Workforce Investment Act. 

If you have additional concerns or seek clarification regarding the WIA and the State’s Eligible Training Provider certification procedure, please contact Tony Allen, Jackie Beale or Steve Clayborn at (614) 466-3817.

//signed//
John Weber
Acting Director, POWER*Ohio

1. Purpose. To provide information to assist local boards in the development of policies and procedures to facilitate certification of eligible training providers by local boards and the State. 

2. Note to Reader. The State received several useful comments regarding the Eligible Training Provider Certification process. As a result, some changes were made for clarification. The Governor’s Workforce Policy Board agreed to allow local boards to determine the average wage at placement based on local conditions, therefore, the $10.14 wage rate mentioned in the draft application packet is not mandatory. All stakeholders should recognize the Workforce Investment Act (WIA) and this process is evolving and should anticipate making course corrections throughout the program year to continuously improve the workforce investment system. If a particular comment was not addressed in the final Eligible Training Provider Certification procedure this is not intended to imply it was overlooked. For clarity throughout this guide the term "local board" is used which is synonymous with the term local workforce investment board, for Ohio Option Areas this includes local workforce policy boards.. Additionally, use of the term "State’s list" is synonymous with the Eligible Training Provider List. Located at the back of this document are some frequently asked questions and answers that may be helpful. 

3. Introduction. The WIA and H.B. 470 mandates local boards to identify training providers at the local level, whose performance qualifies them to receive WIA funds to train job seekers. The Governor’s Workforce Policy Board has established minimally acceptable criteria to determine initial eligibility during the first year. This performance-based certification system for training providers is established using these guiding principles:

• Customer choice–Individuals eligible to receive training services under section 134(d)(4) shall have the opportunity to select any of the eligible providers from any of the local areas in the State, that are included on the list. [122 (e)(4)(B)] Essentially, customers have the right to select the type of training or education they need based on information available about training providers 

• Increased accountability and quality among training providers–in order to continue to receive WIA funds for training services, training providers must meet performance standards 

• Strong state and local partnerships to ensure quality training options and accuracy of information for the customer–local boards initially accept or reject applications from training providers before forwarding approved applications to the state. The state has 30 days to review the training providers information and to validate it prior to publishing it on the statewide list.

These principles are designed to foster competition to afford customers the best training opportunities and ensures the availability of premium services and information that will lead to a strong training provider marketplace. 

4. Background. The WIA mandates local boards in conjunction with the State to develop and disseminate an eligible training provider list that allows customers to make an informed choice regarding training providers and programs. The State’s list of approved training providers, that includes performance and cost information will be disseminated to all local areas via the Internet or paper copies. The list must be accessible to all customers at One-Stop Centers. Additionally, the list and related cost and performance information will serve as a Consumer Report. Adults and dislocated workers that are eligible to receive WIA training services will have the opportunity to select a training provider or program from any of the local areas in the State that are included on the State’s list. 

Local boards are required to develop policies and procedures to address how eligible adults and dislocated workers who may need training can access training through the use of an Individual Training Account (ITA), which is made available at the One-Stop Center or workforce development agency. The WIA requires One-Stop Operators to provide ITAs to eligible customers to pay for training at educational institutions they select from the State’s list. 

5. Relationship between the State’s list and ITAs. The State’s list consists of training providers who have been screened by local boards and have met the State’s criteria in addition to any criteria established by the local board. The State’s list serves as a menu of training that may be available to customers. Any eligible individual who seeks training may in consultation with a case manager or person responsible for case management, select a training provider from the State’s list. The intent is to give customers that are eligible for training the power to choose any certified training provider or program from the State’s list. Please note the following WIA technical amendment to section 134(d)(4)(G)(iii), "after this selection is made the One-Stop Operator shall to the extent practicable, refer the individual to the training provider and arrange for payment through an ITA." This technical amendment was issued in October of 1998, by the U.S. Department of Labor and is not reflected in copies of the WIA that is widely circulated. 

6. Customer Choice. Consistent with the spirit of the Act, customer choice can be achieved through a comprehensive case management strategy that involves an assessment and the development of an individual employment plan that leads to training and self-sufficiency. The case manager’s role is to help the customer make an informed choice after looking at the State’s list, program and cost information, and taking into consideration the dollar amount of the ITA and policy set by the local board.

   Although customers have the right to choose where they would like to attend training, local boards have oversight authority and responsibility for balancing resources and investments. 

   To illustrate this point, school X, is on the State’s list and provides computer programming which costs $2500. School Y, is also on the State’s list and provides computer programming which costs $2000. The customer chooses school X, which is more expensive. Simply put, the reality of career direction and customer choice will be dictated by the results of assessment, funding, demand occupations, credible existing job opportunity, and limitations of local board policies. 

7. Initial Eligibility of Training Providers. To be initially eligible to receive funds as an eligible training provider, providers must apply for program certification under two categories:

Exemptions. Training providers whose services are short-term pre-vocational, such as development of learning skills, interviewing skills etc., and Adult Basic and Literacy Education programs are exempt from this procedure. Training providers of youth activities, on-the-job training (OJT) and customized training providers are also exempt. Training providers that offer specialized services to customers with special needs may be exempt. These training providers and/or programs may be procured through a contract in lieu of an ITA.

Automatic Initial Eligibility of Training Providers. Post secondary educational institutions that are eligible to receive federal funds under title IV of the Higher Education Act of 1965, which provide programs that lead to an associate degree, baccalaureate degree or certificate are automatically eligible to be placed on the State’s List. An entity that also carries out programs under the National Apprenticeship Act is automatically eligible.

Examples of automatically eligible institutions include:

• universities

• colleges

• community colleges

• some vocational-technical schools

• some proprietary schools and

• apprenticeship programs registered with the Bureau of Apprenticeship, USDOL

By virtue of being automatically eligible does not exempt these training providers from following the application process nor does it mean that local boards and customers must use them just because they are on the State’s List.

Initial Eligibility of Other Training Providers. Public or private providers of a program of training services will be required to submit applications to the local board . To be eligible, training providers must directly provide training programs which lead to a certificate, associate or baccalaureate degree, competency or skill recognized by employers or a training regiment that provides individuals with additional skills or competencies recognized by employers.

Examples of these training providers include:

• public and private providers of a program of training services, which includes entities such as vocational-technical schools, community-based organizations, private companies, labor organizations, employer organizations, private individuals and entities that provided training under JTPA

• post secondary educational institution wishing to receive training funds for a program(s) which do not lead to an associate or baccalaureate degree or certificate or are not funded under Title IV of the Higher Education Act of 1965

• an apprenticeship program wishing to receive training funds for a program not registered with the Federal Bureau of Apprenticeship Training

8. Solicitation of Training Providers. The local boards are responsible for notifying training providers in their area of the opportunity to apply for placement on the State’s list. Local boards may solicit out-of-state training providers, however, it would be prudent to ensure these providers agree to meet the State’s and local performance criteria. Solicitations can be accomplished through a variety of means such as public notices, mailings or public hearings. Solicitations should occur at least annually and may occur more frequently at the direction of the local board. Local boards must ensure training providers have access to the State’s application form or a locally developed application that includes the State’s minimum requirements. 

   Although training providers can apply to any local board, they should apply to the local board in the area where training will be provided because each local board has the right to establish additional criteria. For example, the potential exists for a training provider to be approved by local board 6, and disapproved by several other local boards based on local criteria and still be placed on the State’s list. Moreover, if the training providers program is not in a demand occupation for that local area, the local board is required by law to deny the application. It is incumbent of local boards to make training providers aware of these nuances.

9. Limitation on Initial Eligibility. Initial eligibility is limited to 12 months beginning July 1, 2000 for both automatically eligible training providers and other training providers. Training providers whose programs are certified during the 12 month initial eligibility period will remain on the State’s List until June 30, 2001, unless they are removed for cause. To continue as a training provider under WIA after June 30, 2001, all interested training providers will have to apply for subsequent eligibility. Procedures regarding subsequent eligibility are forthcoming. Subsequent eligibility determination will be much easier and streamlined through the use of a web based application form, making it a virtually paperless process. 

10. Local Board Responsibilities and Considerations

• Determine whether or not to use the State’s application form

• Determine whether or not to require additional criteria

• Develop a standard application that contains the State’s minimum criteria if the local area chooses not to use the State’s application form

• Notification and education of local training providers regarding the eligible training provider process

• Establishment of an appeal process

• Submission of approved training provider applications to the State

• Ensure the State’s List is available at One-Stop Centers

11. Denial of applications and appeals. If a local board determines that a training providers program does not meet the eligibility requirements established by the state and local board, the local board must deny or reject the application and provide the applicant with a written notice of denial. The written notice should include the reason for the denial and include a copy of the local appeal procedures. The local board should establish a reasonable time line to expedite the appeal process. If the appeal is disapproved, the local board must notify the Ohio Department of Job and Family Services, if the applicant requests to appeal to the State. 

    Reasons for denying an application: 

• incomplete or not submitted within the required time frames

• performance data is missing or below standards set by the state or local board

• information is inaccurate or illegible

• training programs do not support a demand occupation in the local area

• the training provider is out-of-state and does not agree to submit performance data or enter into an agreement

12. Submission of applications. Each local board must submit applications they have approved to the State within 30 days of receipt of the application from a training provider. Training providers will be placed on the State’s List after the State verifies eligibility or 30 days has elapsed whichever occurs first. Do not submit disapproved applications to the State. As new applications are submitted and approved by the local boards throughout the year, the State will be making updates to the State’s list. If the training provider or program becomes ineligible throughout the year, the local board must stop approving additional ITAs for use with the training provider.

13. Maintaining the State’s List. The State is responsible for updating and maintaining the list. However, the local boards via the one-stop delivery system should ensure the list is accessible to all customers at the One-Stop Center. The State will provide paper copies until the Internet-based list is available via web site.