RESOURCE Workforce Investment Board Management Policy # 16. Certification Process for WIA Training Providers

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1 RESOURCE Workforce Investment Board Management Policy # 16 Certification Process for WIA Training Providers References: P.L , Workforce Investment Act, Sections 122, 123, and 134. Federal Register, April 15, 1999 (Volume 64, No. 72), U.S. Department of Labor Workforce Investment Act; Interim Final Rule 20 CFR, Part 663, Subpart E. Commonwealth of Virginia, Virginia Community College System, Workforce Investment Act Policy Number 13-02, Certification Process for WIA Training Providers, August 2014 Commonwealth of Virginia, Virginia Employment Commission, Workforce Investment Act, Field Guidance Memorandum #05-11, Certificates and Credentials, June 30, Resource Workforce Investment Board, Management Policy #5 Purpose This policy governs the Resource Workforce Investment Board s (WIB) Training Provider review and approval process for inclusion of training programs to the Virginia Statewide Eligible Training Provider List (ETPL). Background The Workforce Investment Act (WIA) emphasizes informed customer choice, performance accountability, and continuous improvement. One of the primary means that WIA employs to achieve these goals is through the quality and effectiveness of the providers of occupational training in the region and across the state. The ETPL is the training provider list that must be used to issue Individual Training Accounts for the training of Adults, Dislocated Workers and Older/Out of School Youth when a determination has been made that training is needed to meet the employment and earnings goal established in the Individual Service Strategy of a WIA enrollee. The enrollee can compare the offerings on the ETPL and, with the advice of Workforce Center Staff, select the best training program for their individual needs. Definition of Occupational Skills Training Resource Workforce Investment Board and Virginia Community College System (VCCS) have defined occupational skills training as programs that lead to: 1) a workforce credential including an industry recognized certification, license apprenticeship credential.

2 College certificate, associated degree, or baccalaureate degree; 2) the vocational or technical skills or competencies needed for a specific job(s), an occupation occupational group or generally for many types of jobs or occupations as recognized and identified in collaboration with employers prior to training, or 3) training that leads to self-employment. Informed Customer Choice Customers, with the active consultation and guidance from staff, are expected to take an active and informed role in managing their employment future through the use of ITA. The customer shall select the occupational training program based on his or her skills, interest and ability assessments, labor market conditions and training, training providers performance, and current and future earning potential in relation to the customer s unique circumstances. Occupational skills training shall be provided based on customer choice while ensuring prudent use of public funds in the selection of such providers. Eligible Applicants There are four categories of providers who can apply to the Resource WIB for approval to be included on the state maintained eligible training provider list: 1. A postsecondary educational institution that is eligible to receive federal funds under Title IV of the Higher Education Act of 1965 and that provides a program that leads to certification or license or college certificate, associate degree, or baccalaureate degree. 2. A postsecondary school that offers formal instructional programs with curricula designed primarily for students who have completed the requirements for a high school diploma or its equivalent. Such schools include programs of academicvocational, vocational, and continuing professional education that may lead to a certification or licensure. This category excludes vocational and adult basic education programs. 3. An entity that carries out related instruction under the Virginia Voluntary Apprenticeship Act or, 4. A provider of a program of occupational training services that under Section of the Code of Virginia is exempt from certification as a postsecondary school such as a professional or occupational training program regulated by another state or federal governmental agency other than the State Council of Higher Education for Virginia (SCHEV), any school, institute, or course of instruction offered by any trade association or any nonprofit affiliation of a trade association on subjects related to the trade, business, or profession represented by such association,

3 Providers and programs operating in Virginia under all categories shall submit an application. Also, programs and providers under categories 1 and 2 must be certified to operate or must have program approval from an applicable state agency (a list of such agencies/entities can be found here) in order to be considered for approval by the Resource WIB to offer training services to WIA customers through the individual training account method. Other possible providers may include: 1. Distance and Online Training Providers. WIA funds may be used for programs that are conducted in a completely online format. In these instances, training providers must be follow the same approval and renewal process. 2. Out of State Training Providers (In-Person Training ). WIA funds may be used for approved program from other states. Approved providers and programs based in other states are not required to complete an application for approval in Virginia. In order for an eligible customer to obtain training through an outof-state provider, the local workforce investment board must first agree to use the provider and the provider s program. If the local workforce investment board agrees, it must then enter into a formal written agreement with the specific training provider before an individual training account can be used by the customer. Additionally, the training provider must be listed on a state maintained eligible training provider list from another state. I. Local Process for review of training program applications A. The WIB will develop an Application to be completed by training providers interested in being considered for inclusion on the ETPL. This application(s) may be found on its website (www. or it can be requested via at resourceva@henrico.us or via mail to CRWP administrative offices. B. Applications may be submitted at any time, and will be addressed at least quarterly by the WIB based on its meeting schedule. All applications must be made in writing and submitted on the application provided by RESOURCE. D. Training Provider Applications must be submitted for each unique program of training services. A program of training services is defined in 20 CFR Section as: One or more courses or classes, that upon successful completion leads to: 1. A certificate, an associate degree, or baccalaureate degree, or Page 3 of 7

4 2. The skills or competencies needed for a specific job(s), an occupation, occupational group, or generally, for many types of jobs or occupations as recognized by employers and determined prior to training. In addition each program is considered unique by its goals and curriculum, or by the requirements of the regulatory agency. Identical programs offered in different locations by the same training provider shall be considered as one program and will not require separate applications unless the regulatory agency uses location as a factor in defining a unique program. Each Program of Training Services is certified rather than the training provider in general. F. If approved by the WIB, annual renewals will be required. The renewal period will coincide with the start of each new federal program year, or July 1 st of each calendar year, regardless of when an initial application is approved. G. If approved for inclusion on the ETPL, the Training Provider is not guaranteed referral of WIA customers. II. Criteria Used by RESOURCE in Considering Approval for the ETPL A. Applicants must provide evidence that they are certified by the appropriate Commonwealth of Virginia entity to operate a training program, as well as proof of the ability to operate as a business in Virginia or their home state as applicable. B. Applicants must agree to provide such information as may be necessary to determine program approval and to meet other requirements of the WIA. The provider must agree to make available backup data to validate any information submitted. (WIA Section 122(d)(1)(A)), and should be prepared to make an oral presentation to the Resource WIB or a designated Committee as may be requested. C. In order to be considered by the Resource WIB or its designated committee for consideration of approval, a program must be determined to be: 1) Directly aligned with a targeted industry as identified by the WIB, or 2) Directly aligned with a demand occupation or industry as identified by the Virginia Employment Commission, or 3) Directly aligned with occupations that have documented evidence of hiring which may include a recent economic development announcement, written letter from an employer committing to hire, job Page 4 of 7

5 listings in the Virginia Workforce Connection with an incidence of at least 25 in the prior 12 month period, and 4) Supported by a labor market survey submitted by the applicant that includes at least 20 regional employers, to include sufficient employer contact information for staff verification. 5) Meet the requirements outlined in Virginia Board of Workforce Development Policy Attachment A- Initial Approval Application Information. The Resource WIB reserves the right to not approve any training program applications that is not determined to meet sufficient occupation demand in the Capital Region. D. Non-Discrimination and ADA Compliance: Providers must be accessible to individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 in accordance with the Americans with Disabilities Act (ADA). They must also have written policies and procedures in place to protect against discrimination on the basis of an individuals race, color, religion, sex, national origin, age, political affiliation or belief. III. The Review Process A. The Review Process 1. Training provider submits application to WIB staff. 2. WIB staff reviews the application against requirements of this policy and provides information and a recommendation to the Resource WIB designated committee for review. 3. The applicant may be invited to the WIB designated Committee meeting to make a presentation on their application and answer questions. 4. The designated Committee will make a recommendation of approval or denial the WIB. 5. WIB staff will prepare committee reports for the next WIB meeting and include the committee recommendation under the Consent Agenda. 6. If the WIB agrees to deny the training provider s program of Training Services and does not recommend it for inclusion on the ETPL, the Training provider will be notified in writing. The WIB will identify the specific program being denied and the reason(s) for denial. The notice shall also advise the applicant of its right to appeal the WIB s decision. There will be an appeals process available to all applicants that are not approved in either their initial Page 5 of 7

6 application or the subsequent application for certification. The WIB will review the applicant s request for reconsideration first at the local level, and if the issue is not resolved, the Commonwealth will review the appeal. B. Approval may be denied for the following reasons: 1. Application is not complete or information is not submitted within required or requested time frames 2. It is determined that inaccurate information is intentionally supplied 3. The WIB determines that elements in Section II. C are not satisfied. 4 The Program of Training Services does not lead to a portable credential as defined in RESOURCE Policy # 06, Definition of the Term Credential for Adults and Dislocated Workers. 5. Cost or availability/accessibility of the program to area participants may also be a factor for denial if the WIB determines either presents significant barriers or are unreasonable. C. Appeal Process If the Training Provider Application is Not Approved, the Training Provider: 1. Shall have thirty (30) calendar days from the date the denial notification was given to file a request for reconsideration to the WIB. The appeal request must be submitted in writing and signed. At a minimum, the appeal must identify the training program and location(s) denied and must clearly state the reason for the appeal. 2. Within thirty (90) calendar days of receipt of the request for reconsideration, the WIB shall review the request and issue a written decision that either upholds or reverses the original decision. Instances for a reversal may include, but shall not be limited to, an administrative oversight or instances where additional information submitted by the training provider changes the basis on which the original decision was issued. E. Reversal by RESOURCE 1. RESOURCE shall also notify the training provider in writing that they have reversed the original decision and that they are now on the ETPL. 2. If RESOURCE fails to act on the appeal request during the 30-day time period described above, the initial decision shall automatically be reversed. 3. If the WIB upholds its original denial, the applicant shall be entitled to pursue a state-level appeal as outlined in State WIA Policy Page 6 of 7

7 12/4/2014 Date of Board Approval By: Brian K. Davis, Executive Director Page 7 of 7