Adult, Dislocated Worker, and Youth Activities

(3) Training Provider Eligibility Procedure. Provide the procedure, eligibility criteria, and information requirements for determining training provider initial and continued eligibility, including RA programs (WIOA Section 122).

Under WIOA, training is provided to eligible adults, dislocated workers, and youth through a robust ETPL, comprised of entities with capabilities of training individuals to enter quality employment. MD Labor plays a leadership role in ensuring the success of the ETPL in collaboration with the State’s 12 Local Boards and other partners, such as the Maryland Higher Education Commission. Maryland’s ETPL and the related eligibility procedures were developed to ensure the accountability, quality, and labor market relevance of programs of training services that receive funds through WIOA Title I, Subtitle B.

MD Labor issued policy 2017-09, “WIOA Title I Training & Maryland’s Eligible Training Provider List” in October 2017. MD Labor is currently in the process of revising its policy to streamline the initial application process, elaborate on the continued eligibility process, build reciprocity with other states, account for new federal guidance, and clarify items from the first iteration. MD Labor will complete this update by December 31, 2020.

WIOA participants can participate in any training program across the State (or within a State with reciprocity) no matter what county they live in, assuming they meet the program qualifications. Due to the COVID-19 pandemic, MD Labor is encouraging online training programs to apply for inclusion on the ETPL. Increased online offerings will allow participants across the State to choose the training that best meets their needs and interest, particularly for individuals in rural areas.

When developing its 2017 ETPL policy, the State had the following goals in mind:

• Ensure that Local Areas have sufficient numbers and a diverse pool of quality providers of in-demand training;
• Create an effective marketplace for the training programs available to WIOA participants with Individual Training Accounts (ITAs);
• Reduce burden on training providers to submit accurate performance information and to guide WIOA participants, in conjunction with staff, in selecting training in the State and Local Areas;
• Prohibit discrimination by training providers in accepting and enrolling WIOA program participants; and
• Provide information on eligible training programs to WIOA participants in a way that helps them make informed decisions, along with staff and within local policy, on how to use their ITAs.

As the State workforce agency, MD Labor has been designated as the entity responsible for defining and carrying out the processes and procedures for determining the eligibility of training providers and programs of training services. MD Labor is specifically responsible for:

• Developing and maintaining the State ETPL and programs as described in 20 CFR 680.450 (initial eligibility), 20 CFR 680.460 (continued eligibility), and 20 CFR 680.490 (performance and cost information reporting requirements);
• Ensuring that programs meet eligibility criteria and performance criteria established by MD Labor;
• Removing programs that do not meet State-established program criteria or performance levels, as described in 680.480(c) and in this policy;
• Taking appropriate enforcement actions against providers that intentionally supply inaccurate information or that substantially violate the requirements of WIOA, as described in 680.480(a) and (b); and
• Disseminating the ETPL, accompanied by performance and cost information related to each program, to the public and the Local Boards throughout the State, as further described in 680.500.

The State’s Local Boards are responsible for the following functions:

• Carrying out the policies and procedures assigned to the Local Board;
• Documenting local policies and procedures as related to ETPL, including the handling of Personally Identifiable Information (PII) and the Family Educational Rights and Privacy Act;
• Ensuring the protection of PII and other sensitive information;

• Working with MD Labor to ensure there are sufficient numbers and types of providers of training services, including eligible providers with expertise in assisting individuals with disabilities and adults in need of adult education and literacy activities described under WIOA sec 107(d)(10)(E), serving the Local Area; and
• Ensuring the dissemination and appropriate use of the Maryland ETPL through the local AJC delivery system.

Initial Eligibility

The process of initial eligibility for inclusion on the ETPL is designed to ensure that WIOA participants are using ITAs for high-quality training programs that are likely to result in positive employment outcomes. The eligibility review process provides an opportunity to assess whether training programs meet the quality standards required by Maryland to be included on the ETPL and to ensure customers have access to up-to-date information about program requirements and costs. 

MD Labor, in consultation with the GWDB, is charged with establishing eligibility criteria and procedures for the initial eligibility of training providers and programs to receive funds under WIOA Title I, Subtitle B. The State and its 12 Local Boards must work together to ensure sufficient numbers and types of training providers and programs to maximize customer choice while maintaining the quality and integrity of training services. MD Labor will use the information provided in ETPL application to inform customers and stakeholders on: (1) the ETPL website and other related public materials; and (2) the ETPL annual performance report.

The application process for initial ETPL eligibility has two steps: (1) A provider must complete and submit an electronic application: http://www.doit.state.md.us/selectsurvey/initialetpl; and (2) submit required application enclosures.

Part (1) of the applications must include the following key elements:

• Training Provider Name,
• Employer Identification Number,
• Type of Entity,
• Address,
• Date the training program was established,
• Classification of Instructional Programs code,
• Relevant O*NET code(s) for the occupations for which the program prepares students,
• Training program title,
• Qualifications required of training staff,
• Certificate(s) awarded through the program,
• Certification(s) awarded through the program,
• Degree(s) awarded through the program,
• License(s) awarded through the program,
• Whether the program offers a work-based learning component,
• Whether the training institution offers career services,
• How the training is delivered (e.g. online, in-person, hybrid),
• When the training is offered (e.g. day, evening, weekend),
• Program costs (total, fees, books, supplies, other),
• Whether the program is accredited by the U.S. Department of Education,
• Total credit hours,
• Total clock hours,
• Total number of weeks required to complete the training program,
• Scheduled length,
• Required proprietary tests and minimum scores,
• Admission requirements,
• A description of the program’s existing partnership with the Maryland business community,
• How the program will align with in-demand industry sectors and occupations (as specified in the State Plan and/or Local Plans), and
• An assurance for data collection.

Part (2) of the applications must include the following key elements in addition to all other information requested in the application:

• Description of partnership with and relevancy for business.
• Description of how the provider’s training services align with in-demand industry sectors and occupations, as specified in the WIOA State and/or Local Plan(s).
• At least two quarters of verifiable performance outcome data for initial ETPL consideration except for “new” training programs, which are exempted from this requirement. New programs must submit all other application items, including the assurance for data collection in the future.
• Commitment from the program provider to begin collecting and reporting to MD Labor the social security numbers of all individuals engaging in the program (to include all WIOA-funded participants and all non-WIOA funded participants) on an annual basis,  as prescribed by MD Labor, once included on the ETPL in order to meet performance requirements of WIOA Sections 116(b)(2)(A)(i)(I)-(IV), 20 CFR 680.460(g)(1)-(4), and 20 CFR 361.230.

Initial eligibility for a particular program expires after one year of initial approval, and therefore, providers must apply for continued eligibility within 30 days of the application deadline. 

MD Labor is applying for a waiver concerning data collection. If approved, training programs will only report on participants that are WIOA-funded. Providers will have the option to report on all students, if desired. MD Labor displays relevant, aggregated data on the Department’s website to inform customer choice.

Continued Eligibility

The USDOL requires MD Labor to annually report on the performance of providers included on Maryland’s ETPL. The information submitted by providers to MD Labor for annual reporting purposes will: assist MD Labor in determining whether a program meets requirements for continued ETPL eligibility; assist WIOA participants and members of the general public in identifying effective training programs and providers; and benefit providers by widely disseminating information about their programs and potentially as a tool to enhance their programs, which in turn would provide a direct benefit to participants.

To complete the annual report, the WIOA Training Program Manager will rely on information from three key places: (1) data submitted annually for reporting purposes by the providers; (2) information provided in the ETPL application (or provided via ETPL program updates from the training provider to the WIOA Training Program Manager); (3) data concerning WIOA participants that are captured in the MWE. The annual report includes performance and cost information for each program of study on the ETPL. With the new policy iteration, MD Labor will adjust the reporting timeline in order to ensure that the Department can submit timely reports to USDOL.

MD Labor is currently revising its 2017 policy and will build out the continued eligibility process. The continued eligibility process will account for WIOA performance indicators, information reported to State agencies on federal and state training programs other than WIOA Title I-B programs, the programs’ ability to provide trainings that are physically and programmatically accessible for individuals who are employed and individuals with barriers to employment, including individuals with disabilities.

Removal from the ETPL

MD Labor may remove a program from the ETPL for one of the following reasons:

• Significant and repetitive customer complaints,
• At the MD Labor Secretary’s discretion,
• Substantial violations (e.g. unauthorized sharing of participant Personally Identifiable Information, fraud, breaking State and/or federal law, etc.),
• Lack of in-demand determination,
• Loss of accreditation, and/or
• Debarment.

Appeal Process

ETPL programs that are either (1) denied entrance to the ETPL or (2) removed from the ETPL for one of the abovementioned reasons can appeal the decision. The WIOA ETPL Program Manager informs the provider in writing, with at least ten calendar days’ notice, that it will soon be removed from the ETPL, and provide information on how to appeal the decision. Similarly, programs whose applications to the ETPL were denied are provided information on how to appeal.

Programs may appeal directly to the Assistant Secretary of MD Labor’s DWDAL within 30 calendar days of notification of the removal or denial. Appeal must state, in writing, the basis of the appeal, including the facts or issues that support the appeal and a request for a conference, if one is desired.

Within 30 calendar days of receipt of an appeal request, MD Labor shall notify all relevant parties (including the review team and, as appropriate, the Maryland Higher Education Commission) in writing of the date, time, and location of the appeal conference. A program provider that fails to file a timely appeal is ineligible for WIOA Title I funding and shall be excluded or removed from the Maryland ETPL for one year after which time the provider may reapply for eligibility. A program that wins an appeal is eligible to remain on the Maryland ETPL until time for eligibility renewal. The decision of the DWDAL Assistant Secretary will be final.

RA Programs

Under WIOA, RA programs are not subject to the same application and performance information requirements or to a period of initial or continued ETPL eligibility as other training providers. This is because they go through an extensive application and vetting process with the Maryland Apprenticeship and Training Council to become a RA program sponsor. RA program sponsors are, therefore, automatically eligible for inclusion on the state ETPL and will remain on the list as long as the program is registered or until the program sponsor notifies the Maryland Director of Apprenticeship and Training that it no longer wants to be included on Maryland’s ETPL.

In December 2016, MD Labor notified all existing RA program sponsors of their eligibility to be on Maryland’s ETPL. MD Labor is committed to adding all RA programs that indicate interest to the State’s ETPL.