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b. 3. Training Provider Eligibility Procedure

Provide the procedure, eligibility criteria, and information requirements  for determining training provider initial and continued eligibility, including Registered Apprenticeship programs (WIOA Section 122).

Current Narrative:

An Eligible Training Provider is an entity that provides a program of training services and has been determined to be eligible to receive Workforce Innovation and Opportunity Act (WIOA) Title I-B funding for training services through an Individual Training Account. These providers and programs will be included on Indiana's Eligible Training Provider List (ETPL). The provider must be open to the public and one of the following types of entities:

  1. Institution of higher education that provides a program leading to a recognized postsecondary credential; or
  2. Entity that carries out programs registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.); or
  3. Other public or private providers of training services, which may include:
    1. Community-based organizations;
    2. Joint labor-management organizations; and
    3. Eligible providers of adult education and literacy activities under Title II of WIOA if such activities are provided in combination with training services described at §680.350 of the WIOA regulations.

Indiana’s ETPL is administered through the INTraining website. It is important to note the distinction between the INTraining website and the ETPL. The INTraining website is the means by which training providers submit applications to have their programs listed for Hoosiers to view and access. Once the providers submit the required program information to be determined eligible to be placed on the INTraining website, a more thorough review will be completed by DWD staff to determine whether the program is also eligible to receive WIOA funding, and, therefore, be placed on the ETPL. The ETPL is a subset of INTraining and includes the selected INTraining providers and programs which have been determined eligible to receive WIOA funding.

The procedures, eligibility criteria, and information requirements for determining training provider initial and continued eligibility are outlined below. DWD and GWC are in process of updating ETP guidance and has included information below pulled from the draft policy.

Initial Application: Training providers must submit both a provider and a program application(s) through the INTraining portal (intraining.dwd.in.gov). After creating an INTraining Portal user account (linked to Access Indiana account), the following steps must be completed:

  1. Provider location application (if the location has already been approved and a program is being added, proceed to step 2)
    • Each location offering training that is seeking WIOA Title I-B funding must have an individual application completed.
    • Complete a provider location application. This will require information about the provider, such as the type of entity.
      • The review and approval period for the program application will take up to 10 business days.
      • Select the “Add Location”  link under the provider locations section of the dashboard.
      • Fill out the application, and once complete select "Submit Application."
  2. Program application: Once the provider location application has been approved, the training provider must complete a program application for each program it seeks to have included on the INTraining list.   Programs must be offered to the general public to be eligible for consideration.

Required information will include, but is not limited to:

  1. Description of program of training services; and
  2. Information concerning whether the training provider is in a partnership with a business for the program of training services; and
  3. Program related costs; and
  4. Information addressing the alignment of training with in-demand industry sectors and occupations for the program of training services.

If the training provider fails to complete either application, or fails to provide any missing information requested within sixty (60) days of starting the application or being notified of the missing information, the provider location and/or program applications will be denied. For more information on denials, please go to section Monitoring Strategies and Sanctions: Conditions for Denialin this document.

  • Upon satisfactory submission and approval of a provider and program(s) application, the program(s) will appear on the INTraining website. At this time, the system will automatically review the program specifics to determine whether the program(s) is eligible to receive WIOA Title I-B funding; and, therefore, be included on the ETP list.

Performance Metrics

Performance is an initial and continued eligibility requirement for inclusion on the ETP list. When determining a program’s eligibility to receive WIOA funding, the State will consider the performance outcomes of the program. If a program does not have available data at the time of initial application, the program will receive a one year data waiver. Programs can qualify to be regionally or statewide funded. Programs must meet the following performance metrics:

  1. Meet the following minimum[1] performance criteria:
  1. Best of 2nd or 4th quarter completers employment rate greater than 30%; or
  2. Credential rate of all students served greater than 50%; or
  3. Annual total completer’s median earnings equal to or above $10/hour.

Annual Review

Annual Review is a continued eligibility requirement for inclusion on the INTraining and ETP list. All training providers must complete an annual review of each provider location and program. The annual review due date is based upon the provider location or program’s initial approval date; therefore, training providers may have to complete an annual review multiple times throughout the year. An annual review includes the training provider reviewing and making any needed updates on the application. The training provider will receive a sixty (60) day notification prior to the annual review due date informing them of the deadline for submission of the review and any updates. Upon submission, the updated program information will be reviewed by DWD staff. If the training provider does not complete the annual review by its due date, the application will be placed into an “Information Requested” status. If the training provider fails to complete the annual review within sixty (60) days of the program being placed into “Information Requested” status, the program application will be denied. The training provider may immediately re-apply. For more information on denials, please go to section Monitoring Strategies and Sanctions: Conditions for Denialin this document.

During the annual review time, training providers should ensure the user account list is up-to-date and accurate and all current users are active. This list is used for all INTraining communications and it is the training provider’s responsibility to ensure there is at least one active user at all times. DWD and INTraining staff are not responsible for maintaining this list or submitting communications to any individuals not listed under the active user accounts.

Performance Reporting (federal reporting)

Performance Reporting is a continued eligibility requirement for inclusion on the INTraining and ETP list. Under WIOA, each state is required to submit student-level data (also known as federal reporting) for all training programs to the Department of Labor (DOL) on an annual basis. Student-level data should be reported at the beginning and end of each cohort and MUST be reported by the July 31st deadline of that reporting period. The following requirements apply to performance reporting:

  1. Student-level data must be reported before or during the open federal reporting time period of July 1st through July 31st.
  2. Training providers are required to submit student-level data to DWD via the INTraining portal annually.
  3. Student-level data must be reported under the program location in which the student was enrolled.
  4. Training providers must report student-level data for every program location that was in “Staff Approved” status at any time during the reporting program year.
    1. If the program did not serve any students, the training provider is still required to complete federal reporting. The training provider will be able to indicate ‘no students were served’ during the reporting program year.
  5. Student-level data must be submitted for ALL students, regardless of funding sources.
  6. Training providers must submit the following data elements in their federal reporting:
  1. First and last name; and
  2. Full social security number (or last four digits of the SSN); and
  3. Address (if full SSN is not available); and
  4. Date of Birth; and
  5. Gender; and
  6. Race: and
  7. Entry Date; and
  8. Completion Date; and
  9. Enrollment Status; and
  10. Name of Assessment (if applicable) ; and
  11. Assessment Pass/Fail (if applicable) ; and
  12. Name of Second Assessment (if applicable) ; and
  13. Second Assessment Pass/Fail (if applicable).

Any program that does not successfully complete federal reporting (appropriate program year student-level data) by the July 31st deadline, will be placed into a “Pending Data” status and will not be eligible to receive funding for a minimum of six (6) months. The training provider will still be obligated to submit student-level data during the six (6) month unfunded time frame. During and following the “Pending Data” status, the following rules will apply:

  1. Training provider completes federal reporting during the pending data time frame—the program will move to “Suspended” status for the remainder of the six (6) month time period and will remain unfunded. At the end of the suspension, a funding determination will be made. For more information, please go to section Program Overview, Requirements, and Responsibilities: Initial and Continued Eligibility Requirementsin this document.
  2. Training provider does not complete federal reporting during the pending data time frame—the program will be terminated for two (2) years. PLEASE NOTE: A new duplicate program application will not be accepted during the termination period. If a duplicate program is submitted, the new program will be denied. For denial terms, please go to section Monitoring Strategies and Sanctions: Conditions for Denialin this document.

Apprenticeships

United States Department of Labor (USDOL) Registered Apprenticeship Programs (RAP)[2] are automatically eligible to be included on the ETP list and are exempt from federal, state, and local ETP eligibility and performance reporting requirements. The RAP will automatically be included on the ETP list once the program sponsor opts in and has provided the following information to DWD:

  1. Occupations included within the RAP; and
  2. The name and address of the RAP sponsor; and
  3. The name and address of the Related Technical Instruction (RTI) provider, and the location of instruction if different from the program sponsor’s address; and
  4. The method and length of instruction; and
  5. The number of active apprentices.

RAPs will remain on the ETP list until:

  1. The RAP sponsor notifies DWD it no longer wants to be included on the list; or
  2. The program becomes deregistered under the National Apprenticeship Act; or
  3. The program is determined to have intentionally supplied inaccurate information; or
  4. A determination is made that the RAP substantially violated any provision of Title I of WIOA or the WIOA regulations, including 29 CFR part 38.

Conditions for Removal: A provider or program may be removed from INTraining and the ETPL for failure to submit updated program information and/or required student level data for continued eligibility or for failure to attain or retain required accreditation for professional licensure. If removed for the above reasons, the provider may re-apply as soon as the issue has been rectified.

A provider or program shall be removed from INTraining and the ETPL if the provider intentionally supplies inaccurate information, misrepresents costs or services, substantially violates the law or regulations under WIOA, or when the provider has been barred by the federal government from receiving federal funds. If the provider is removed for these reasons, the provider must wait no less than two years before re-applying. If a training provider and/or program is removed from the list while WIOA participants are enrolled, the participants may complete   the program unless the provider or program has lost state licensure, certification, or authorization to operate by the appropriate state oversight agency.

Appeal:A provider has the right to appeal the denial of program inclusion on INTraining or ETPL during initial eligibility (terminated applications are not subject to appeals) or subsequent removal of the program from INTraining or the ETPL for failure to submit or deficient updated program information/data during continued eligibility. A provider may also appeal DWD’s decision to remove a program from the list for failure to attain or retain required accreditation for professional licensure, intentionally supplying inaccurate information, misrepresenting costs or services, substantially violating the law or regulations under WIOA, or when the provider has been barred by the federal government to receive federal funds.

Work-based Training Programs

Only ITAs require the use of an ETP from the ETP list. Per WIOA, certain work-based training programs are exempt from ETP list requirements. These select training services may be provided using a direct contract (not an ITA) between the providers and the local board. The direct contracts must not limit consumer choice and must work to achieve the same goals outlined in the purpose section within TEGL 8-19. Any performance information required to be reported to the state for work-based training programs will be outlined in their respective state policies. These programs include:

  1. On-the-Job Training (OJT);
  2. Incumbent Worker Training (IWT);
  3. Customized training (this includes State Earn and Learns);
  4. Internships;
  5. Transitional employment;
  6. Paid or unpaid work experience opportunities.

For more information on the Office of Work-based learning and Apprenticeship, please go to https://workbasedlearning.dwd.in.gov/.

Local Workforce Development Board (local board) Inflection

A local board has the flexibility to determine how it will deliver training. Only ITAs require the use of an ETP from the ETP list. Local boards may add additional requirements for providers, except for RAPs, that result in providers that are on the state ETP list that may not be eligible for inclusion on the local ETP list. A local board that does not add requirements must include all state ETPs on its local ETP list, while a local board that does add requirements may have a subset of the state ETP list. Although local boards may add some of their own requirements in defining the local ETP list, they may only include training providers on their list that are approved for the state ETP list. If the local board chooses to enforce additional requirements, the local board must adopt a policy, explicitly detailing those additional requirements.

[1] Indiana has also set performance criteria to denote those programs that meet exceptional performance metrics. Programs must meet the following criteria to receive this designation:

  1. Best of 2nd or 4th quarter completers employment rate greater than 60%; and
  2. Credential rate of all students served greater than 80%; and
  3. Annual total completer’s median earnings equal to or above $15/hour.

[2] Industry Recognized Apprenticeship Programs (IRAP) do not receive the same ETP exceptions that WIOA allows for RAPs; therefore, IRAPs seeking addition to the ETP list must follow the same process requirements as other training providers that are not RAPS.