- Program-specific Requirements for Adult, Dislocated Worker, and Youth Activities under Title I-B
The Unified or Combined State Plan must include the following with respect to activities carried out under subtitle B—
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).
As noted in the Adult, Dislocated, and Youth Activities section, a. General Requirements, 2. Statewide Activities, A. Provide State policies or guidance for the statewide workforce development system and for use of State funds for workforce investment activities, Idaho’s Policy for WIOA Eligible Training Providers Idaho Eligibility Criteria and Procedures (Adopted 04-07-2020) is one of several policies currently undergoing review and slated for revision. The new and revised policy will incorporate guidance from TEGL 08-19 and TEGL 08-19, Change 1 to address multiple items, including the incorporation of Registered Apprenticeship programs. In the meantime, the state is implementing the ETP processes/requirements as laid out in this state plan modification, alongside Idaho's existing policy. The narrative below outlines the state’s current policy and process as it relates the eligible training providers in Idaho. Once the policy is updated and addresses its current areas of need, it will be incorporated in the next version of Idaho’s Combined State Plan.
The Workforce Innovation and Opportunity Act (WIOA) requires states to approve training providers before funds can be used to pay for occupational training. The Governor (via the Idaho Workforce Development Council) is charged with developing the process for determining how training providers may qualify for inclusion on Idaho’s Eligible Training Provider List (ETPL). The Idaho Department of Labor (as the State Administrative Entity under WIOA) is responsible for implementing these procedures and maintaining the ETPL.
Previous to 2020, Idaho had requested a waiver from annual Eligible Provider Performance reporting requirements to include non-WIOA participants. The waiver helped to alleviate some of the hardship the State has faced in moving toward compliance in trying to implement the WIOA ETP requirements, like so many other states across the country. However, the State did collect full data sets for PY19 and PY20 and provided performance reports to USDOL. For both program years, there continue to be significant inadequacies in the reporting of social security numbers for non-WIOA participants. The Workforce Development Council has been unable to use the data to set performance metrics for continued eligibility and thus the ETP Policy has not yet been fully updated to shift away from alternate criteria. The Workforce Development Council, State Board of Education and Idaho Department of Labor are working with the Idaho Transportation Department to establish a data sharing agreement that will enable participants without social security numbers to be matched against drivers license data to access the SSN.
The Workforce Development Council would like to share that Idaho’s providers are increasingly reluctant to stay on the ETP due to the requirement to provide social security numbers for students. Educational entities do not collect this information and while they have made good efforts to do so, they have been communicating with the Executive Director intentions to not renew. As Idaho has few training providers to start with, this may cause the Workforce Development Council to direct all WIOA training funds to on-the-job training and utilize a state program (www.idaholaunch.com) for short-term skills training. We are concerned about the impact on the measurable skills gain performance metric if non-WIOA funded training cannot be used to meet MSG.
WIOA Eligible Training Providers Idaho Eligibility Criteria and Procedures Adopted 04-07-2020
The text below includes the policy itself along with screenshots from the system that providers are directed to apply in to confirm that all criteria are collected in alignment with WIOA statute.
Eligible Providers of Training Services -
Subject to meeting federal and state eligibility criteria, WIOA eligible training providers may include:
- Post-secondary education institutions;
- Other public or private providers of training, which may include joint labor- management organizations and eligible providers of adult education and literacy activities under WIOA title II if such activities are provided in combination with occupational skills training; and
- Community Based Organizations (CBOs) or private organizations of demonstrated effectiveness that provide training under contract with the Idaho Workforce Development Council.
U.S. Department of Labor Registered Apprenticeship programs are automatically eligible training providers under WIOA without regard to federal or state eligibility criteria. The Idaho Department of Labor reaches out to RA programs on an annual basis to determine if the programs would like to opt in to participate in the program. If an RA program opts for inclusion, they may complete the program information in IdahoWorks and are then automatically approved without applying any other eligibility criteria described below.
Eligible Programs of Training Services
The Eligible Training Provider List is composed of eligible training programs. Both training providers and their individual programs must meet eligibility standards. A program of training services is defined as one or more courses or classes, or a structured regimen that directly leads to employment in an in- demand occupation. The training must lead to:
- a recognized postsecondary credential,
- a secondary school diploma or its equivalent, or
- a distinct measurable skill gain toward such a credential or employment.
These training services may be delivered in person, on-line, or in a blended approach; however, the training provider must provide physical facilities and/or tools to provide a high-quality experience in meeting instructional and skills assessment needs.
Training Service Exceptions to Eligible Training Provider List
Training services that are not subject to the requirements of the eligible training provider provisions are:
- On-the-job training; customized training; incumbent worker training; transitional employment; or
- The circumstances described at WIOA sec. 134(c)(3)(G)(ii), where the Workforce Development Council determines that:
- There are insufficient providers, or
- There is a training services program with demonstrated effectiveness offered in the local area by a community-based organization or other private organization to serve individuals with barriers to employment, or
- It would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations, and such contract does not limit customer choice.
Note: The Eligible Training Provider List is used only to provide occupational skills training services. Basic skills training, “soft” skills training, or other workforce preparation activities do not train individuals for a particular occupation. Additionally, the following are not considered occupational skills training:
- Workshops or seminars provided by organizations not registered with the Idaho State Board of per year are not considered occupational skills training
- Intensive review courses as instruction for test preparation
- Continuing education courses for those with existing occupational skills
- Short-term certificates that are only one component of the typical requirements for a job such as CPR, OSHA, WorkKeys, Food Handler Certificates, and basic computer training.
As part of a WIOA participant’s individualized employment plan, career planners may pay for these activities as career services separate from or in addition to occupational skills training.
Types of Eligibility
WIOA provides for Initial Eligibility and Continued Eligibility. Initial eligibility is for new programs who upon approval receive eligibility for one year. Continued Eligibility is for a biennial (every other year) review and renewal of programs having completed initial eligibility.
Note: The criteria provided below for both initial and continued eligibility are still considered alternate criteria in Idaho. The state is currently collecting data that will allow the transition to be finalized as the state anticipates setting thresholds for factors related to WIOA performance indicators.
Alternate Criteria for WIOA Eligible Training Providers Initial Eligibility
- Provide a certificate of registration or letter of exemption from the Office of the State Board of Education or other oversight body such as the Bureau of Occupational Licensing authorizing the entity to provide training and collect tuition in the State of Idaho.
- Provide the required institution specific data elements in IdahoWorks as directed by the Idaho Department of Labor.
Note -These data elements include all of the required criteria listed in Attachment III of TEGL 8-19. See examples of screenshots below.
- Successfully complete Equal Opportunity desk review survey located here: https://www.labor.idaho.gov/WIOA/WIOA-EO-Desk-Survey.pdf
- Sign agreement to securely collect and report required information for programs.
- Program of training leads to a high-growth/high-demand occupation listed in Appendix A. WIOA participants will be encouraged to select training for an occupation that pays at least $12 per hour. Note: Appendix A is updated annually in July by the Workforce Development Policy Committee of the Idaho Workforce Development Council.
- Program of training provides a high-quality experience*, including leading to a recognized postsecondary credential or demonstrate a measurable skills gain toward such a credential or employment. Note: WIOA participants will be encouraged to select high quality training that leads to an industry- recognized postsecondary credential and is available free of charge or at low cost to participants.
*High quality training experience may be identified by: -Physical facilities and/or tools appropriate to meet instructional and skills assessment needs; -Reportable skills gain measured by assessments; -Industry endorsement; -Not having a high dropout rate and/or high student loan default rate and/or poor job placement rate; and -Preferably has regional or national accreditation.
- Provide the required program specific data elements in IdahoWorks as directed by the Idaho Department of Labor. Note -These data elements include all of the required criteria listed in Attachment III of TEGL 8-19. See examples of screenshots below.
- Providing a Program Synopsis, which is a brief description of the training program no more than 5,000 characters.
- Information regarding WIOA performance indicators. (See screenshot from guidance manual for providers below); and
- Information regarding the provider’s relationship with businesses. (Screenshot from guidance manual for providers).
- U.S. Department of Labor Registered Apprenticeship (RA) Programs - Upon request from the RA program sponsor, programs are automatically placed on the Eligible Training Provider list. RA programs are encouraged to comply with the ETP procedural requirements, especially providing information for performance reporting; however, they are not required to do so.
- Public Postsecondary Academic Programs - Academic programs provided by Idaho’s public colleges and universities will be approved for initial eligibility under WIOA. These programs will be added to the ETP list upon request of a WIOA career planner and confirmed by the Idaho State Board of Education. Note – These programs are subject to the State Board of Education’s requirements which meet initial eligibility requirements when aligned to an in-demand occupation. If their information is not already in IdahoWorks, the career planner and/or administrative entity representative works with them to ensure all the required information is entered before issuing a voucher.
- Out-of-State Providers – Out-of-state providers must be on their respective state’s WIOA eligible training provider list. A reciprocal agreement must be signed with the respective state’s ETP administrator or appropriate signatory.
Initial eligibility will expire 1 year from date of approval.
A training provider may have their eligibility continued by meeting the following:
- Provide evidence that the Institution Criteria described in the Initial Eligibility section above continue to be met.
- Provider has submitted the required WIOA performance data (See screenshot above) and cost information in a timely manner, in accordance with the annual deadlines set by the Idaho Department of Labor. Note – This includes updating their program information in IdahoWorks in addition to submitting performance data as outlined in the data sharing agreement.
-Addressing access to training services throughout Idaho, and
-The ability to provide physically and programmatically accessible trainings as noted in the screenshot below.
- The occupation(s) the provider’s training program(s) are aligned to continue to be included on the list provided in Appendix A, which is updated annually.
Programs that were exempt from Initial Eligibility criteria:
- US Department of Labor Registered Apprenticeship (RA) programs are not subject to Continued Eligibility and will continue to remain on the Eligible Training Provider list until the sponsor requests to be removed. RA programs are encouraged to comply with the state’s ETP requirements, especially providing information for performance reporting; however, they are not required to do so.
- Public Postsecondary Academic Programs will be removed from the Eligible Training Provider list if a WIOA participant has not been enrolled in the training in the past 12 months. These programs can be added back to the list per the Initial Eligibility criteria above on an as-needed basis.
- Out-of-State Providers will be independently verified against the respective state’s ETP list.
Denial or Termination of Eligible Training Provider State Note – The reasons listed below are what the state considers to be a substantial violation of the policy.
A training provider or program may be denied initial or continued eligibility for the following reasons:
- Required information was not provided correctly or in a timely manner.
- The training program does not support the occupations in demand in Idaho and/or does not meet minimum entry-level wage criteria.
- The training program does not meet the WIOA definition of training services, which is a program of one or more courses or classes or a structured regimen that directly leads to employment in an in-demand occupation. The training must lead to:
- a recognized postsecondary credential,
- a secondary school diploma or its equivalent, or
- a distinct measurable skill gain toward such a credential or employment.
- The training program does not provide a high-quality educational experience in meeting instructional and assessment needs. (Could be evidenced by lack of regional or national accreditation, lack of industry endorsement, lack of skills gain measured by assessments, lack of job placement, a high dropout rate and/or high student loan default rate)
- The training provider has not maintained required licenses and certifications or is found to be noncompliant with the training provider’s assurances or certifications.
- The training provider does not comply with the WIOA regulations, or any agreement executed under the WIOA.
Providers who apply will be notified if the provider does not meet the compliance standards. Each provider will be notified of the status of each requested program.
A training provider whose program is denied from the ETP or is deemed ineligible, has the option to submit a written or email appeal to Idaho Department of Labor within 14 business days after receiving notification. The request for appeal must include the following: name of training provider, training program(s) impacted, the reason for the appeal (i.e. grounds), training provider point of contact phone and email, and signature of training provider representative.
Written appeals can be mailed to:
Appeals Bureau, Idaho Department of Labor, 317 W. Main Street, Boise, ID 83705-0720
Or Faxed to:208-334-6440
Appeals can also be emailed to: WIOAETP@labor.idaho.gov
Regardless of delivery method, the appeal must be postmarked or sent by 5 p.m. on the last day to protest.
As a result of filing an appeal, a telephone hearing may be scheduled in which all interested parties will be invited to participate. The hearing shall include an opportunity for the applicant to submit written and verbal information to the presiding entity. This will be your only opportunity to appeal this issue. If no appeal is filed, this determination will become final and cannot be changed. If you have questions about this determination or about filing an appeal, please contact the ETP Program Specialist by email at WIOAETP@labor.idaho.gov.
The presiding entity will issue a decision within 60 calendar days from the date the hearing takes place. The decision of the presiding entity shall be final.
APPENDIX A - Idaho Occupations in Demand – Amended 4/19/2022
Appendix A is updated annually by the Workforce Development Policy Committee in July.
The Idaho Department of Labor’s labor market information unit has developed a dynamic web tool that uses quantifiable information to identify in-demand occupations and is augmented with projected growth and total annual openings (based on both projections and real-time job postings), wage information and education and training requirements. The list can be filtered by sub-region of the state, typical education requirement and STEM designation.
This list may be found online at: https://lmi.idaho.gov/occupations-in-demand
To be included on the Eligible Training Provider List, programs of training must lead to one or more of the occupations when the following filters have been applied:
- The tab must be set to “In-Demand Occupations”.
- The “Area Selection” should be set to the region where the training is being provided.
- The “Typical Education Requirement” should be set such that “No formal educational credential, Bachelor’s degree, Master’s degree, and Doctoral or professional degree” are not selected.
- The “Average Hourly Wage” must be set to $12 per hour.
- The "Total Annual Openings” must be set to 20.
- The “Projected Growth Rate” must be set to 0 or higher.
The following “career pathway” programs are approved statewide regardless of where they appear on the regional lists:
- Certified Nurse Assistant
- Related training for Electrical, Plumbing and HVAC apprenticeship programs
- Registered Nurse
- Massage Therapy
- Software Developer
A training provider may request review, by the Policy Committee, if the occupation their program prepares individuals for fall outside this policy. They must provide a compelling case as to why the program should be added based on documented demand for individuals with the skills and certifications delivered through the program. The Policy Committee will review the request against available real-time labor market information and make a determination. If approved, the Policy Committee will provide a letter stating such to be attached to the application. If denied, no further recourse is available.
The request must be sent (electronically or by mail) to the Executive Director of the Workforce Development Council at the address found on www.wdc.idaho.gov. Requests that are received 7 or more days prior to the next regularly scheduled Policy Committee meeting will be reviewed at that meeting. If there are fewer than 7 days until the next meeting, it will be reviewed at the following meeting.
The request should include the following information:
- Name of Provider
- Brief Description of Program
- Documented demand for the program by local employers (i.e. letters stating that employers hire from the program, information from the Idaho Occupations In-Demand tool that shows regional demand, other cited data sources that show demand for the occupation). Information provided must be clear, concise and compelling.
The Policy Committee will consider the following, at a minimum, in making a determination:
- Real-time labor market analysis of the occupation through tools such as Help Wanted Online, Burning Glass Labor Insight, EMSI Analyst.
- Regional wage data.
- Whether the occupation is part of a career pathway that leads to additional in-demand, high wage occupations.
If the Policy Committee approves the request, the occupation will be added to the list of additional statewide occupations above.