Adult, Dislocated Worker, and Youth Activities

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. Registered Apprenticeship Programs (RAPs); 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 INTraining dashboard is viewable by the public and maintains multiple features which assist clients in finding the training program most suited to their needs.  Job seekers have the ability to refine their search by utilizing a number of filters, including the ability to sort by programs funded “in certain areas” or “state wide”.  They may view all training programs in a particular region or sort by county.  They may view only training programs that are offered ‘on-line’ or sort by ‘off-line’ (in person).  If a job seeker is in pursuit of a particular type of credential, he or she may seek and sort the training options that specifically lead to an industry recognized certification, licensure, an apprenticeship , or an approved post-secondary credential. 

The procedures, eligibility criteria, and information requirements for determining training provider initial and continued eligibility are outlined in DWD Policy 2020-16 and its companion guidance, DWD Technical Assistance 2020-17, Change 1 (the policy's TA guide), both of which can be found at: https://www.in.gov/dwd/compliance-policy/policy/active/. The new policy was released in June of 2021, shortly after the release of TEGL 8-19, Change 1.  The companion TA guide serves as official state level guidance provided to complement DWD Policy 2020-16 to provide robust procedural and process direction for training providers.  DWD is in the process of again updating these policy documents (to be completed before the end of 2022) in the following ways:  more detailed description of the “minimally burdensome process” for RAPs to opt on to the ETPL; however, substantial information regarding the eligibility requirements for RAPs is shared in the Technical Assistance document in the section “Requirement and Eligibility Exceptions”. DWD will remove most discussions of OJT (since DWD is developing a stand-alone policy) and other forms of exempted training; clarification around what DWD considers to be a ‘substantial violation” of the requirement to submit accurate and timely information; and the inclusion of specific continued eligibility criteria. 

Note: During the upcoming program year, the State will also enhance the continued eligibility criteria section in the policy and companion TA to include, more clearly, processes and procedures related to the following items:

• Access to training services throughout the state (including rural areas and through technology use);
• Information reported to state agencies on federal and state training programs other than WIOA Title I-B programs;
• Quality of the program of training services including a program that leads to a recognized postsecondary credential;
• ETP's 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;
• Timeliness and accuracy of ETP's performance reports; and
• A requirement that at least every 2 years (or sooner, if defined in state policy) ETPs must submit performance and cost information for each of the provider’s programs of study that are on the ETP list.

Below are key points from the policy and its companion TA guide:

Initial Application: The INTraining initial application process consists of two application types: Provider Location and Program.

Step One: Provider Location Application

Training providers must complete and submit a provider location application through the INTraining portal. A separate provider location application is required for each training location the entity wishes to seek approval.

The provider location application requires information about the provider and training location.  Required information will include, but is not limited to:

1. Address for training location
2. Contact information for training location
3. Provider type 
4. Accreditations and licenses, if applicable

Provider locations will be subject to clearance checks, which must be passed to receive approval. Pass/fail determination will be at the discretion of DWD. Clearance checks may include, but is not limited to:

1. Indiana Department of Revenue
2. Indiana Secretary of State
3. DWD Unemployment Insurance Tax
4. Office of the Indiana Attorney General E. Better Business Bureau

F. Any relevant accrediting bodies, which may include, but are not limited to:

1. Indiana Department of Health
2. Indiana State Board of Nursing
3. Office for Career and Technical Schools
4. Board for Proprietary Education
5. Indiana Professional Licensing Agency

Step Two: Program Application

Once the provider location application has been approved, the training provider must complete a program application for each training program[1] 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 the program of training services
2. Information concerning whether the training provider is in a partnership with a business for the program of training services
3. Program related costs
4. Information addressing the alignment of training with in-demand industry sectors and occupations
5. Confirmation of compliance with 29 CFR Part 38, “Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act” Final Rule (January 3, 2017)[2]

If the training provider fails to complete either the provider location or program application or fails to provide any information being requested by DWD within sixty (60) days of submitting the application or of being notified of the omitted information, the provider location and/or program applications will be denied[3].

Upon satisfactory submission and approval of a provider and program application, the program will appear on the INTraining website. At this time, the system will automatically review the program specifics to determine whether the program is eligible to receive WIOA Title I funding and therefore be included on the ETPL.

[1] A single program application may be associated with several provider (or training) locations. A new program application is needed for different program types or when commensurate programs have different details (i.e., course length, tuition, work experiences, etc.).

[2] 29 CFR 38

[3] For more information on denials, see Conditions of Denial section of policy docs.

 Initial ETPL Eligibility

Under WIOA, DWD has set specific requirements a program must meet to be eligible to receive WIOA funding and be listed as an ETP. Initial eligibility consists of meeting two requirements:

• In-demand metrics
• Performance metrics

The Governor’s Workforce Cabinet (GWC) in consultation with DWD reserves the right to review and reestablish the initial and continued eligibility requirements on an annual basis

In-demand Metrics

When determining a program’s eligibility to receive WIOA funding, DWD will consider the demand of the occupations the program trains towards. Indiana uses a scoring formula to rate occupations for both short-term and long-term outlooks to determine if the occupation is an in-demand occupation in a particular region. The formula considers the following characteristics: total job openings, growth openings, percentage change, real-time online job postings, labor market information, and wages. The final score results in a rating of one (1) through five (5) for each occupation, one (1) being least in-demand and five (5) being highly in-demand. The Indiana Career Ready INDemand website can be found at www.indianacareerready.com.  Programs can qualify to be funded regionally or statewide.  

1. Lead to an in-demand occupation in the region[1] and
   1. Occupations are based upon the Classification of Instructional Programs (CIP) code to Standard Occupational Classification (SOC) crosswalk listed on the program application[2]
   2. Identified occupations must meet the INDemand threshold—a 3 (or higher) flame ranking
   3. INDemand data is updated annually on INTraining at the beginning of every program year (July 1^st)[3]
2. Lead to a post-secondary credential
   1. Industry Recognized Certification
   2. Licensure
   3. Apprenticeship
   4. Accredited Post-Secondary Program of Study
      1. Accredited short-term certificate (< Associate degree)
      2. Associate degree
      3. Bachelor’s degree
      4. Master’s degree
      5. Doctoral degree

The other requirement for initial and continued eligibility is Performance Metrics:

[1] For information on an in-demand determination review request, please go to the Review of Regional Demand or Industry Recognized Certification section of policy docs.

[2] The CIP or SOC codes may be updated throughout the year as new codes are released by the regulatory body. 

[3] The INDemand data will be updated each July utilizing April’s bi-annual (every 2 years) report.

Performance Metrics

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 minimum performance criteria: 

1. Best of 2^nd or 4^th Quarter Completers Employment Rate greater than 30%; or
2. 50% or greater Credential Rate of all students served; or
3. Annual Total Completer’s Median Earnings equal to or above $10/hour.

If a program has been denied inclusion on the ETPL for failure to meet the required in-demand and/or performance criteria, the provider and program will remain on the INTraining list but will be removed from the ETPL. This renders them ineligible to receive WIOA funding and prompts the removal of the funding icon until both in-demand and performance criteria have been met.

Indiana has 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.

It is worth noting that DWD wishes to raise the threshold of Performance Metrics, but, in consultation with the GWC, decided that during the pandemic, when training providers had to pivot many of their instructional practices, was not the appropriate time to do so.  It is the program’s desire to raise them with the next program year.

Continued Eligibility Requirements for INTraining and the ETPL

In accordance with WIOA, DWD has set specific requirements a training provider must meet or complete to maintain their eligibility on either list. Continued eligibility consists of meeting and completing four requirements: in-demand metrics, performance metrics, annual review, and federal performance reporting.

To maintain ETPL eligibility, in-demand metrics and performance metrics, as listed in the Initial Eligibility for the ETPL section, must continue to be met.

In addition to these requirements, DWD will update its current policy and companion TA to include language that addresses the following issues: access to training throughout the state which is physically and programmatically accessible for individuals who are employed or those with barriers to employment; reporting and accuracy of information on federal and state training programs, including performance and cost reports; and ensuring training program quality by requiring that programs lead to a recognized postsecondary credential. This work should be done by the end of calendar year 2022.

Annual Review

To maintain INTraining or ETPL inclusion, all training providers must complete an annual review of each provider location and program to ensure that the WIOA Title I-financially assisted program is conducted in a nondiscriminatory way according to WIOA Section 188 and 29 CFR Part 38. The annual review due date is based upon the provider location or program application’s initial approval date; therefore, training providers may have to complete an annual review multiple times if they have separate locations and/or programs that were approved at different times throughout the year.

An annual review includes the training provider reviewing and making any necessary updates on the provider location or program 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[1].

[1] For more information on denials, please go to Conditions of Denial section of policy docs.

Performance Reporting (federal reporting)

To maintain INTraining or ETPL inclusion, all training providers must complete the annual federal performance reporting. Under WIOA, each state is required to submit student-level data for all training programs to USDOL 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 31^st deadline for that reporting period. The following requirements apply to federal performance reporting:

1. Student-level data must be reported before or during the open federal performance reporting time period of July 1^st through July 31^st.
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 performance 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. 1. First name
   2. Last name
   3. Full social security number (or last four digits of the SSN)
   4. Address (only if full SSN is not available)
   5. Date of Birth
   6. Gender
   7. Race
   8. Course Start Date
   9. Course End Date
   10. Enrollment Status
   11. Name of Assessment(s) (if applicable)
   12. Assessment(s) Pass/Fail (if applicable)
   13. Deceased
   14. Incarcerated

Any program that does not successfully complete their reporting of appropriate program year student-level data by the July 31^st deadline, will be placed into a “Pending Data” status and will not be fundable 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 apply:

1. Training provider completes student-level data reporting during the pending data timeframe—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^[1].

2. Training provider does not complete student-level data 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^[2].

[1] For more information, please go to Initial and Continued Eligibility Requirements section of policy docs. [2] For denial terms, please go to Conditions for Denial section of policy docs.

The companion TA guide addresses the exception to eligibility requirements for Registered Apprenticeships:

Requirement and Eligibility Exceptions

Apprenticeships

United States Department of Labor (USDOL) Registered Apprenticeship Programs (RAPs)^[1] are automatically eligible to be included on the ETPL and are exempt from federal, state, and local ETP eligibility and federal performance reporting requirements. The RAP will automatically be included on the ETPL once the program sponsor opts in and has provided the following information to DWD:

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

RAPs will remain on the ETPL until:

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

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

The companion TA guide also addresses general responsibilities of the Training Providers and addresses new monitoring processes that have been put into place, both to support accuracy and maintain quality training programs: 

Provider Responsibilities

In addition to meeting and maintaining eligibility requirements, training providers are obligated to adhere to the following responsibilities:

1. Ensure instructor credentials meet the minimum qualifications:
   1. Possess a two-year degree from an institution recognized by the United States Department of Education or national accrediting body in the major area they are assigned to teach; or
   2. Possess practical experience of not less than two years in the major area they are assigned to teach and professional licensure or industry-recognized certification in the field.
   3. All faculty applications to teach in the school must be accompanied by transcripts, letters, and documents supporting the application.
   4. These requirements do not supersede any requirements set by another oversight agency that may be more stringent than that of INTraining.
2. In addition, and separate to the INTraining portal record, training providers must maintain a paper or digital record of all eligible participants using the following guidelines:
   1. Must contain copies of any documentation that pertains to the participant’s eligibility, including all attendance records and any earned credential documentation.
   2. Must be kept in a secured area with limited access, as these files contain Personally Identifiable Information (PII).
   3. Must be kept for a minimum of 3 years.
3. 1. For additional resources on ADA requirements, please refer to the following documents: ADA Compliance Standards, ADA checklists, WIOA Equal Opportunity Regulations, and WIOA Equal Opportunity Reference Guide.
4. Maintain at least one active email address that is regularly checked.
5. Respond within 5 business days to all communications from DWD including phone calls, emails, online surveys, or requests for other documentation to assist the Department with ongoing program quality assurance measures.

Monitoring

Monitoring activities will include application and portal review, site-visits, and review of student records. DWD reserves the right to visit any training provider at any time on-site and unscheduled or request provider kept participant records for the purpose of program monitoring.  Monitoring activities may include, but are not limited to:

1. Site visits (scheduled or unscheduled)
2. Staff or student interviews (scheduled visits only)
3. Classroom observation
4. Review of full participant records
5. Review of resources, tools, and curriculum
6. Review of program cost^[1]
7. Review of instructor credentials
8. Review of ADA compliance
9. Review of any requirements related to the INTraining and ETPL policy[2]
10. Financial records
11. Review of EO compliance

DWD reserves the right to place INTraining providers and/or ETPs or programs on an improvement plan or to remove such training providers or programs from INTraining or the ETPL.  Reasons for placement on an improvement plan or removal from INTraining or the ETPL may include, but are not limited to:

1. Poor performance
2. Misuse of funding
3. Loss of ETPL fundable status
4. Falsification of documentation
5. Observations or findings from monitoring activities, etc.

[1] DWD reserves the right to request an itemized list of program costs outside of what is requested on the application. If the training provider submits a program cost increase, the training provider may be required to submit a justification.

[2] INTraining and Eligible Training Provider List (ETPL) Eligibility and Establishment Under the Workforce Innovation and Opportunity Act (WIOA) Title I

Indiana’s ETPL policy addresses termination of training programs, and the Technical Assistance provides more details regarding DWD determinations of ‘denied’ and ‘terminated’:

DWD Determinations

Conditions for Denial

DWD reserves the right to deny a training provider, provider location, or program from the INTraining or ETPL.  Reasons may include, but are not limited to:

1. Failure to submit a completed application
2. Failure to submit requested information
3. Failure to complete annual review
4. Failure to meet in-demand metrics[1]
5. Failure to meet performance metrics
6. Failure to attain or retain required state licensure, certification, accreditation, or authorization to operate from the appropriate state oversight agency

If the training provider location or program is denied and removed from the INTraining list for any of the above reasons, the training provider may re-apply once the issue has been resolved. If the training provider location is only denied from the ETPL for any of the above reasons, the provider or program application will automatically be re-evaluated as new information is received. A denial is not appealable.

If a training provider location or program is denied and removed from the ETPL while WIOA participants are enrolled and have already begun their training, the participants may complete the program unless the provider or program has lost state licensure, certification, accreditation, or authorization to operate from the appropriate state oversight agency. If the provider has lost its authority to operate, DWD will make every effort to find alternative, comparable training for the participant.

Conditionsfor Termination

DWD reserves the right to terminate a training provider, provider location, or program from the INTraining or ETPL. Reasons may include, but are not limited to:

1. Failing to complete student-level data reporting requirements
2. Intentionally supplying inaccurate information
3. Misrepresenting costs or services
4. Substantially violating WIOA statutes or regulations
5. Barred by the federal government from receiving federal funds

If the training provider location or program is terminated for any of these reasons, the provider must wait at least two (2) years before re-applying. The training provider is liable to repay all WIOA adult and dislocated worker training funds received during the period of non-compliance. A termination is appealable^[2].

The new policy and companion TA guide address a new and multi-tiered appeal process available to training providers who wish to challenge a termination:

Review of Termination

Training providers may request a review by DWD for any provider location or program that has been terminated. A training provider may request up to three reviews by DWD: administrative review, appeal of administrative decision, and objection to the Department Review Committee’s decision.

Administrative Review

The request for an administrative review of termination from INTraining or the ETPL must be submitted electronically to INTraining@dwd.in.govwithin 10 business days of the date of notice of its termination. The request for review must include the following:

1. Name of training provider
2. Program location ID, if applicable
3. Justification for review
4. Any documentation to support the provider’s justification

The DWD Associate Chief of Workforce Education and Training will select an Administrative Review Committee comprised of three DWD staff members who were not involved in the initial decision. This committee will conduct a review and send notice of its decision to the parties within thirty (30) business days of receiving the request for an administrative review.

Appeal of Administrative Review Decision

An appeal of the administrative review decision must be submitted electronically to INTraining@dwd.in.gov within 15 business days of the date of the Notice of Administrative Review decision. The request for an appeal of the administrative decision must include the following:

1. Name of training provider
2. Program location ID, if applicable
3. Copy of Administrative Review Decision
4. Justification for appeal
5. Any documentation to support the appeal’s justification

A Department Review Committee, designated by the DWD Commissioner, that has not been involved in the initial or the Administrative Review decision and are not Workforce Division team members, shall facilitate the appeal process. The Department Review Committee will schedule an administrative hearing not more than 60 business days after DWD receives the written request for appeal^[3]. All appeal hearings will be held de novo, and the Workforce Education and Training Department will bear the burden of proof. Indiana Rules of Trial Procedure will govern the administrative proceedings. The Department Review Committee will issue a decision within 90 business days of the completion of the hearing.

Objection of the Department Review Committee’s Decision

Not more than 15 days after the issuance of a written decision by the Department Review Committee, any party adversely affected by the order may file an objection to the decision in writing to the DWD Commissioner and request that the Commissioner review the decision. The party must identify the basis of the objection with reasonable particularity. No later than 30 after the objection is filed with the Commissioner, the Commissioner shall issue a final decision affirming, modifying, or dissolving the Department Review Committee's decision. The Commissioner may remand the matter, with or without instructions, to the Department Review Committee for further proceedings. The Commissioner is the ultimate authority (as defined by IC 4-21.5-1-15) for DWD.

A party may contest the decision of the ultimate authority by filing a petition for judicial review consistent with the requirements of I.C. 4-21.5- 5 et seq.

[1] For information on a review request, please go to section Review of Regional Demand or Industry Recognized Certification.

[2] For more information on appeals, please go to section Review of Termination.

[3] Only appeal requests received by DWD within fifteen (15) business days of the date of notice of the Administrative Review Decision shall be scheduled for an administrative hearing. All other requests will be denied.