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WIOA eligible training provider and program lists
Summary ETA explains how states can meet WIOA requirements for eligible training providers, programs, and state provider lists. Its five attachments cover eligibility, local and state responsibilities, registered apprenticeships, and related requirements. Change 1 later added clarification on apprenticeship program inclusion.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 08-19
Date issued
January 2, 2020
Status
Active
ETA lists this advisory as active. It prints an expiration date of Continuing and rescinds TEGL 41-14 and its Change 1; TEGL 08-19, Change 1 supplements this letter.
Status last verified October 24, 2026
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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
Official attachments: Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION WIOA – ETP Eligibility
ADVISORY SYSTEM
CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR
OWI
Washington, D.C. 20210
DATE
January 2, 2020
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 8-19
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
STATE LABOR COMMISSIONERS
STATE APPRENTICESHIP AGENCIES
STATE DIRECTORS OF THE OFFICE OF APPRENTICESHIP
DISABLED VETERANS OUTREACH PROGRAM REPRESENTATIVES
LOCAL VETERANS EMPLOYMENT REPRESENTATIVES
FROM: JOHN PALLASCH /s/
Assistant Secretary
SUBJECT: Workforce Innovation and Opportunity Act (WIOA) Title I Training Provider
Eligibility and State List of Eligible Training Providers (ETPs) and Programs
1. Purpose. The purpose of this guidance is to identify actions that states can take to meet
requirements for training providers, program eligibility, and the state ETP list in WIOA
Section 122 and 20 CFR part 680. WIOA and its regulations established the allowable types
of training, including both work-based and classroom instruction, with the goal of ensuring
provider performance, job-driven training, informed consumer choice, continuous
improvement, and cost-effective investment of public funds. This guidance replaces
Training and Employment Guidance Letter (TEGL) 41-14, Workforce Innovation and
Opportunity Act (WIOA or Opportunity Act) Title I Training Provider Eligibility Transition,
and the subsequent TEGL 41-14, Change 1.
2. Action Requested. States should review and, if necessary, update current ETP policies to
ensure compliance with the WIOA statute, the Final Rule, and this TEGL.
3. Summary and Background.
a. Summary – WIOA Title I training can be provided through a variety of contract
mechanisms, or it may be funded through an individual training account (ITA) that is
used to purchase training from an ETP. This guidance focuses on the requirements for:
RESCISSIONS EXPIRATION DATE
TEGL 41-14 and TEGL 41-14, Change 1 Continuing
1) providing for certain training with contracts; 2) establishing initial provider and
program eligibility and continued eligibility for use of ITAs; 3) establishing roles and
responsibilities of states and local workforce development areas for maintaining the ETP
list; 4) disseminating the ETP list; 5) addressing unique requirements for Registered
Apprenticeship Programs (RAPs); and 6) suggesting actions for and tools to assist in
meeting these requirements.
b. Background – Following the enactment of WIOA in 2014, the Department of Labor
(Department) issued transition guidance about ETP requirements in TEGL 41-14 and the
subsequent TEGL 41-14, Change 1 prior to the publication of the Final Rule. The
transition guidance described both the timeline for transitioning from the Workforce
Investment Act (WIA) to WIOA and operational requirements. This TEGL aligns to the
Final Rule and provides additional guidance based on the Department’s review of state
ETP policies provided by states in their WIOA Unified and Combined State Plans.
4. Guidance. See Attachments I – V for guidance.
5. Inquiries. For further information, please direct inquiries to the appropriate Regional Office.
6. References. See Attachment V.
7. Attachments.
Attachment I – Requirements for Training Providers, Program Eligibility, and the State
Eligible Training Provider List in Workforce Innovation and Opportunity Act Section
122 and 20 CFR part 680
Attachment II – Eligible Training Provider Requirements and Responsibilities
Attachment III – Eligible Training Provider Eligibility Policy Checklist
Attachment IV – Registered Apprenticeship Program (RAP) Required Information for
Eligible Training Provider List
Attachment V – References
Attachment I
Requirements for Training Providers, Program Eligibility, and the State Eligible
Training Provider (ETP) List in the Workforce Innovation and Opportunity Act
(WIOA) Section 122 and 20 CFR part 680
1. Providing Training under WIOA Title I and Types of Training.
a. Providing Training Under WIOA Title I. As listed in the table below, WIOA allows
the use of multiple kinds of participant training.
Allowable types of training under WIOA Section 134(c)(3)(D) and 20 CFR 680.2001
(a) Occupational skills training, including training for nontraditional employment;
(b) On-the-Job Training (OJT);
(c) Incumbent Worker Training (IWT);
(d) Programs that combine workplace training with related instruction, which may
include cooperative education programs;
(e) Training programs operated by the private sector;
(f) Skill upgrading and retraining;
(g) Entrepreneurial training;
(h) Job readiness training provided in combination with the training services
described in (a) through (g) of this chart or transitional jobs;
(i) Adult education and literacy activities, including activities of English language
acquisition and integrated education and training programs, provided concurrently
or in combination with services provided in any of clauses (a) through (g); and
(j) Customized training conducted with a commitment by an employer or group of
employers to employ an individual upon successful completion of the training.
WIOA authorizes various funding mechanisms for allowable participant training. These
mechanisms include direct contracts for services and individual training accounts (ITAs).
An ITA is a payment agreement established by a local workforce development board
(local board) on behalf of a participant with a training provider and may be used to pay
for any allowable type of training, as long as the program of training service (also
referred to as “program of study”) is on the state list of eligible training providers (ETP
list). Direct contracts for training services with employers and the state or local
workforce development area (local area) may be for OJT, IWT, and customized training.
A state or local area, when it is determined most appropriate, may also establish a
contract with an institution of higher education or other provider of training services for a
1
See TEGL 19-16 Guidance on Services provided through the Adult and Dislocated Worker Programs
under the Workforce Innovation and Opportunity Act (WIOA) and the Wagner-Peyser Act Employment
Service (ES), as amended by title III of WIOA, and for Implementation of the WIOA Final Rules
(https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3851) for additional details. Note that while not
explicitly stated, the types of training in this list include apprenticeship and its component parts.
Attachment I
group of WIOA participants concurrently training in in-demand industry sectors or
occupations, provided that the contract does not limit customer choice.
An ITA is the most commonly used training funding mechanism because it provides
participants flexibility in purchasing training. A local board has the flexibility to
determine how it will deliver training. As a result, it should develop WIOA policies and
procedures that align with the use of its multiple kinds of participant training. Only ITAs
require the use of an ETP from the ETP list.
As long as training services are chosen in a manner that achieves the goals outlined in the
purpose section of this Training and Employment Guidance Letter (TEGL), select
training services may also be provided using a contract between the provider and the
local board. For these select training services, participants can receive the training from a
program that is not on the ETP list. Training services that are exempt from the Section
122(a) through (f) eligibility requirements include:
On-the-job training;2 customized training; incumbent worker training, transitional
employment;3 or
Training provided under the circumstances described at WIOA Section
134(c)(3)(G)(ii) and 20 CFR 680.320, where the local board determines that:
o There is an insufficient number of ETPs in the local area to accomplish the
purposes of a system of ITAs;
o 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;
o It would be most appropriate to award a contract to an institution of higher
education or other provider of training services to facilitate the training of
multiple individuals in one or more in-demand industry sectors or occupations,
and such contract does not limit customer choice; or
o When the local board provides training services through a pay-for-performance
contract.
For training programs that are exempt from the Section 122(a) through (f) eligibility
requirements, the Governor may establish performance criteria those providers must meet
to receive funds under the adult or dislocated worker programs. Local boards must
collect this information, if required, and determine whether the providers meet the
2
For more information and resources on work-based learning and training, see the Department’s work-
based learning resource page at https://ion.workforcegps.org/resources/2017/03/09/12/20/Work-Based_Learning_-_Adult_and_Dislocated_Worker_Programs.
3
Although “transitional employment” is listed here alongside other types of training, as described in 20
CFR § 680.190, “transitional employment” is a work experience, and therefore a career service rather
than a training service. It is listed here in order to clarify that “transitional employment” services can be
provided through a contract and are not subject to the eligibility requirements in Section 122(a) through
(f).
Attachment I
Governor’s performance criteria before entering into contracts with training providers
that meet these criteria.
b. Eligible Training Providers and Programs of Study. The WIOA statute and the Final
Rule distinguish between ETPs and programs of study, as one ETP may provide multiple
programs of study for a variety of occupations. Each provider’s programs of study are
subject to the eligibility requirements in WIOA Section 122 and the regulations at
20 CFR part 680.
c. Types of Entities Eligible to Apply to be Eligible Training Providers. Only the
entities listed below may apply for inclusion on the ETP list, and these are the only
entities eligible to provide training for participants who enroll in a WIOA Title I-funded
program of training services, except as discussed above in section 1a of this Attachment.
Training provider entities eligible to apply for inclusion on the ETP list include:
Institutions of higher education that provide a program that leads to a recognized
postsecondary credential;
Apprenticeship programs, including Industry Recognized Apprenticeship Programs
(IRAPs) and Registered Apprenticeship Programs (RAP) in accordance with the
language below and in forthcoming guidance on RAPs and WIOA;
Other public or private providers that provide training, which may include community
based organizations (CBOs) and joint labor-management organizations;
Eligible providers of adult education and literacy activities under WIOA Title II if
such activities are provided in combination with training services described in
20 CFR § 680.350; and
Local boards, if they meet the conditions of WIOA Section 107(g)(1).
ETPs are subject to the equal opportunity and nondiscrimination requirements contained
in Section 188 of WIOA and implementing regulations at 29 CFR part 38.
Eligible Programs of Training Services (programs of study):
A program of study is defined as one or more courses or classes, or a structured regimen
that provides job-driven training services and leads to a recognized post-secondary
credential, as defined in WIOA Section 3(52), which includes an industry- recognized
certificate or certification, a certificate of completion of a registered apprenticeship, a
license recognized by the state involved or Federal Government, a postsecondary
credential, secondary school diploma or its equivalent, employment, or measurable skill
gains toward a recognized postsecondary or secondary school diploma or its equivalent
credential or employment. These training services could be delivered in person, online,
or in a blended approach.
Registered Apprenticeship Program (RAP) sponsors:
Registered Apprenticeship Programs are automatically eligible to be included on the ETP
list and are exempt from state and local ETP eligibility requirements. The Governor must
establish a mechanism for RAPs to be informed of their automatic eligibility and indicate
Attachment I
the program sponsor wishes to be included on the list. State workforce agencies must
provide a process through which RAPs can opt in to the ETP list. State agencies must not
add sponsors to the state ETP list without the sponsor submitting such a request either
directly through the state or through the Department’s Office of Apprenticeship (if
registered under national program guidelines) using the process described by the
Department’s Office of Apprenticeship through guidance and technical assistance. To
facilitate this process, the state ETP coordinator should work in conjunction with the state
office of apprenticeship. States must have a process for adding RAPs that imposes
minimal burden on the RAP, and states must describe the process in their state plan. This
process may require that the RAP provide the following basic information:
Occupations included within the RAP;
The name and address of the RAP sponsor;
The name and address(es) of the Related Technical Instruction provider(s) and the
location(s) of instruction if different from the program sponsor’s address4;
The method and length of instruction; and
The number of active apprentices.
For RAPs that opt for inclusion on the ETP list, states and local areas must add them
without applying any additional eligibility requirements that they might otherwise apply
to other types of training providers. Furthermore, states must maintain RAPs on the list
until:
The RAP program notifies the state agency it no longer wants to be included on the
list;
The program becomes deregistered under the National Apprenticeship Act;
The program is determined to have intentionally supplied inaccurate information; or,
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.
Similar to the RAP exemption from the eligibility requirements, RAPs also are exempt
from ETP performance reporting requirements in WIOA Sections 116(d)(4) and 122,
including any additional ETP reporting requirements that have been added by the state or
local area. This also means that the states and local areas must not establish any RAP
specific performance reporting requirements; however, RAPs may voluntarily report
performance outcomes. States may require only the information necessary to verify the
registration status for the RAP, in accordance with procedures established by the state in
consultation with the state office of apprenticeship. Unlike RAPs, note that IRAPs are
subject to the same requirements detailed in section 2 and Attachment II of this guidance.
4
If the provider of Related Technical Instruction is different from the program sponsor, cost of the
instruction may be requested as a part of the state’s process.
Attachment I
2. ETP List Requirements and Responsibilities for States, Local Areas, and Eligible
Training Providers. In accordance with the WIOA statute and Final Rule, the state, local
area, and training providers must complete a variety of ETP list development and
maintenance requirements. Attachment II lists each of these responsibilities along with the
entity responsible for the task.
In addition to the requirements listed in Attachment II, local areas and the state entity
designated by the Governor to implement ETP requirements must work together to
accomplish the identification of ETPs for the state list. As Attachment II shows, states must
develop policies and procedures for adding training providers to the list, including
developing eligibility policies that include the factors listed in the checklist in Attachment III,
as well as maintaining the list of ETPs once they have been identified. State policies and
procedures may provide for reciprocal or other agreements established with another state to
permit eligible training providers in a state to accept ITAs provided by the other state.
One of the primary responsibilities of the state is to make eligibility determinations for
training providers seeking inclusion on the ETP list, which includes:
(1) Initial eligibility determinations that allow a training provider onto the ETP list for the
first year, and
(2) Continued eligibility determinations that allow the training providers to stay on the list
until the next continued eligibility determination.
States must make continued eligibility determinations before the end of the first year of an
ETP’s initial eligibility, and at least every two years as a part of the required biennial review
of the ETP list thereafter. States have discretion in how they implement eligibility
procedures and timelines for biennial review. Some States may find it efficient to review the
entire state list every 2 years, while others may have a system for reviewing each provider
annually or on the anniversary of when that provider established continued eligibility under
WIOA. The timeline for how initially eligible training providers are deemed as continually
eligible and incorporated into the review system will vary from state to state. For more
information on the initial and continued eligibility requirements and responsibilities, see
Attachment II.
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. If the local board is reviewing provider applications for inclusion on the state ETP list, it
must do so using only the state’s requirements and not the local area’s additional
requirements.
Although local boards may add some of their own restrictions and requirements in defining
the list of ETPs for their local area, they may include only training providers on their list that
are approved for the state ETP list. The Department encourages states to streamline the
processes and policies for ETPs to reduce the number of local ETP lists and the degree to
which they vary from the state list and one another. A local area that does not add
restrictions and requirements must include all state ETPs on its local ETP list, while a local
Attachment I
area that adds eligibility restrictions may have a subset of the state list as depicted in Figure
1.
Figure 1. Providers on the local ETP must be on the state ETP
3. ETP Eligibility Requirements vs. ETP Performance Reporting Requirements.
a. General. As described in TEGL 03-18, Eligible Training Provider (ETP) Reporting
Guidance under the Workforce Innovation and Opportunity Act (WIOA), WIOA contains
two different sections that set forth requirements for states’ reporting related to
performance information for ETPs—one for determining eligibility of training providers
(WIOA Section 122(b)) and their programs of study and the other for reporting on
outcomes of individuals served by the program of study (WIOA Section 116(d)(4) and
116(d)(6)(B)).
This guidance focuses on the requirements described in WIOA Section 122(b), which
identifies requirements and criteria that states must establish for use in determining the
eligibility of training providers and programs of study and includes certain performance
information. Many of the requirements for training provider eligibility mirror the
requirements for ETP performance reporting set forth in WIOA Section 116(d)(4) and
116(d)(6)(B). TEGL 03-18 describes those ETP reporting requirements in detail.
WIOA Section 122 establishes requirements, including some requirements that serve
more than one purpose (e.g., ETP eligibility, consumer information, performance
accountability, etc.), relating to performance information.5 The performance of ETPs is a
factor the states must use in determining both initial and continued eligibility of a
provider to be included on a state’s ETP list. For initial eligibility, among other factors,
WIOA requires that state eligibility criteria include at least one factor related to the
primary indicators of performance described in WIOA Section 116(b)(2)(A)(i)(I)-(IV).
States are already reporting such data in their annual WIOA ETP Reports (ETA-9171),
5
See attachments II-IV for additional information on these requirements.
Attachment I
and the Department’s Employment and Training Administration (ETA) plans to make
such data publicly available in a Training Provider Results website starting in PY 2020.6
In addition to informing customers, states use such data to review whether an institution
should remain an eligible training provider. States determine what constitutes a “factor”
for this purpose; for example, the state may consider performance indicators similar to
the WIOA primary indicators of performance; academic research suggesting the selected
training strategy is effective in improving similar performance indicators; or other data
relating to the employment, earnings, or credential attainment of participants with the
program or provider. See section 5 and Attachment III for additional information.
Additionally, publicly available performance information of the training providers on the
ETP list, which is one of the requirements described in Attachment II, facilitates
informed customer choice.
The figure below demonstrates the basic flow of the data collection and reporting process
for ETPs, and the various uses of the data.7
ETP submits data to state State collects data
State combines data
State submits ETP Performance State uses State posts ETP
Reports (ETA-9171) to performance data in performance
DOLETA, which will publish to continued eligibility information with ETP
trainingproviderresults.gov6 determinations list
Figure 2. ETP Data Submission and Use Chart
b. Waivers. The Secretary of Labor has the authority under WIOA Section 189(i) to waive
certain requirements of WIOA Title I, Subtitles A, B, and E, and Sections 8–10 of the
Wagner-Peyser Act. This authority is limited in specific situations. For example, WIOA
Section 189(i)(3)(A)(i) explicitly forbids the Department from waiving any provision
6
ETA will make available the training provider results on trainingproviderresults.gov, which will become
an active website during PY 2020.
7
For additional information and guidance on data matching, see TEGL 7-16. Data Matching to Facilitate
WIOA Performance Reporting (https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6956).
Attachment I
concerning statutory or regulatory requirements relating to the eligibility of providers or
participants, which includes training providers. The Department has issued waivers of
certain non-eligibility requirements relating to the ETPs. For Program Years (PY) 2018-
19, many states received a waiver of their obligation to collect and report ETP
performance data on all students in a training program at WIOA Sections 116(d)(4)(A)
and (B), 122(d)(2)(A); 20 CFR 677.230(a)(4) and (5); and 20 CFR 680.430(b)(5).
(Please note that as part of preparations for PY 2020-23 WIOA State Plans, states seeking
such a waiver should be prepared to explain why such waivers are needed and the steps
they have taken to collect and report data on all students to phase out the waiver. ETA
will continue to consider all waivers that states submit, but will rigorously review all
requests on a case-by-case basis.) However, this waiver does not waive the requirement
to use such performance data in the determination of continued eligibility for those
providers pursuant to 20 CFR 680.460(f)(1)(iii), as listed in Attachment II. States are
responsible for determining the details of how they will decide continued ETP eligibility.
States must consider all available data when calculating the performance indicators
required as a part of continued eligibility. Additionally, states are required to collect
information and report on WIOA participants who receive training from an ETP.
4. Dissemination of ETP List and Consumer Information. WIOA requires that the
Governor or state agency disseminate the ETP list and accompanying performance and cost
information through a variety of methods and to several stakeholders. Stakeholders include
local boards in the state, members of the public, the one-stop delivery system and its program
partners, and the state’s secondary and postsecondary education systems via online methods
such as websites, searchable databases, or other means the state uses to disseminate
information to consumers. To facilitate the public and stakeholder access to such
information, training provider outcomes information will also be published on
TrainingProviderResults.gov after states submit PY 2019 data in October 2020. States should
ensure that the data submitted for PY 2019 is adequately reviewed and ready for public
display.
ETA will continue to maintain lists of state ETPs on www.careeronestop.org and encourages
workforce agencies to also make this information available on state websites through a web
service or other application programming interface.
Because the purpose of the ETP list is to support participants and their case managers with
making informed choices regarding job-driven training providers, states must make the list
easily available to partners, stakeholders, those participants interested in training, and those
individuals in employment and training activities funded by WIOA. States must also present
the information in a format that facilitates comparisons and is searchable, user-friendly, and
easily understood by individuals seeking information on training outcomes. The state list
must be accessible to individuals with disabilities. Additionally, states must display the state
ETP list accompanied by appropriate information, including the required items listed in
Attachment II, to assist participants in choosing job-driven employment and training
activities. Local boards may supplement the criteria and information requirements
established by the governor in order to support informed consumer choice and the
achievement of local performance measures.
Attachment I
Accompanying information must not reveal personally identifiable information about an
individual participant. In addition, disclosure of personally identifiable information from an
education record must be carried out in accordance with the Family Educational Rights and
Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) including the circumstances
relating to prior written consent.
5. Challenges and Potential Solutions. States should strive only to populate their ETP list
with training programs that are successful and proven and remove those providers that fail to
achieve positive results for training customers. In implementing the requirements described
above and listed in the attachments to this guidance, states and local boards may encounter
various challenges to ensuring the best providers get on and stay on the ETP list. Some of
the more common challenges associated with these requirements are described in the table
below, along with some potential solutions to those challenges. ETA will continue to
identify challenges as they arise and provide technical assistance to address these challenges.
Challenge Potential Solution
States and local areas could regularly validate the
programs on the ETP list with board members,
community business leaders, and current labor market
information for the state to ensure that the programs on
How do states ensure that the
the list meet the needs of business throughout the state
training provider programs impart
and reflect training for in-demand fields and
the skills and credentials needed to
occupations. States could also include in their ETP
qualify individuals for in-demand
eligibility process an assurance that the curriculums of
industries and occupations?
the programs are built around competencies identified
by the businesses in the state and local areas. States
may also give priority to ETPs that have established
relationships with employers that are looking to hire.
States and local areas should move beyond transactional
exchanges limited to ITAs to build strategic
relationships with education and training providers.
What can states and local areas do
State and local boards can include members or sub-
to help build a comprehensive and
committee representatives from community colleges and
job-driven list of eligible training
other providers, as well as regularly convene meetings
providers?
or attend events to engage with education and training
providers outside the workforce boards’ standard
meetings.
Attachment I
Challenge Potential Solution
Some states require a simple letter or e-mail request,
How do states ensure RAP sponsors
with enough information that they are able to identify
face minimal burden in getting
the sponsor using information from the state
added to the ETP list while still
apprenticeship agency or the ETA Office of
meeting the requirement they “opt-
Apprenticeship, such as the information listed in
in” rather than having to “opt-out”?
Section 1c above.
Some states have established policies and procedures to
How do states minimize the burden align the cycle of eligibility determinations so that all
associated with ETP eligibility providers on the list or new applicants can be evaluated
determinations throughout the year? during the same time frame, rather than conducting
these determination processes throughout the year.
How do states identify a “factor
relating to performance” for use as A state can identify a variety of measures/proxy data to
one of the criteria in the state’s meet this requirement such as: number of students who
initial training provider eligibility obtained employment, number of students who obtained
assessments when the training a credential, similar state and federal performance
provider’s program of study has not measures, or measures that are similar to WIOA but
previously collected data on WIOA consider different time frames.
performance measures?
As discussed in TEGL 03-18, states have a variety of
options to reduce the reporting burdens on training
How do states encourage training
providers. These may include conducting wage
providers that are concerned about
matching for providers (for all individuals and not just
reporting requirements to add their
participants, when possible) to collect employment and
programs to the state ETP list?
earnings outcomes and using information provided
during the application process as much as possible.
Some states have worked with entities to develop tools
that simplify the process of collecting and reporting
required data for local areas or training providers. One
example includes the Training Provider Outcomes
How do states provide technical Toolkit (TPOT)
assistance to local areas on highly (http://documentation.dataatwork.org/tpot/), a collection
technical issues such as those of tools for securely collecting, connecting, analyzing,
presented by ETP performance data aggregating, and publishing data on wage and
requirements? employment outcomes for education and training
participants. The University of Chicago’s Center for
Data Science and Public Policy led the development of
TPOT in cooperation with ETA and state and local
governments.
Attachment I
Challenge Potential Solution
How can states differentiate among
providers and programs in making States may account for these differences in providers
eligibility determinations and and programs when establishing their training provider
providing consumer information eligibility criteria, including in setting the optional
where comparisons may be made minimum performance thresholds or weighing other
among non-comparable programs factors more heavily, such as cost of the program.
of study? For example, a six-week Additionally, as stated in TEGL 3-18, performance
certificate training will likely have a reporting is required only for individuals enrolled in the
higher completion rate than a multi- program of study and is not required for individuals who
semester program of study at a elect to take an individual course that is a part of the
community college in which a program. To ensure that these individuals taking only a
number of enrolled individuals may portion of a program of study are not inaccurately
intend to complete only a portion of counted, some training providers have modified their
the program. When reporting and systems to track differences in students enrolled in the
sharing data on all individuals in the full program of study versus those taking just a portion
ETP performance reporting and of the program as a way to determine who must be
using those outcomes for eligibility included in reports for improved accuracy of
determinations, how can states performance outcomes and reporting.
ensure they are taking into account
the many factors that influence a
performance outcome?
Some states have made efforts to leverage search engine
optimization strategies and behavioral insights to ensure
that their ETP lists and corresponding performance and
cost information are easily found by consumers on
prominent web postings and page links. This allows
users to find the link directly from the state’s website or
How do states ensure that ETP lists from an internet search engine. States have also
are disseminated properly and established routine processes such as providing monthly
contain enough information to be updates to local boards that can be shared with
useful to consumers? American Job Center staff. Periodically asking training
customers for feedback on the value and ease of use of
the training provider information may provide insights
for improving the display and dissemination of the ETP
list.
Attachment II
Eligible Training Provider (ETP) List Requirements and Responsibilities
Table 1
Required State Responsibilities 20 CFR Citation
The designated state entity must develop and maintain the
I 680.430(b)
ETP list (providers and their programs of study).
The state eligible training provider list must be
accompanied by appropriate information to assist
680.430(b)
1 participants in choosing employment and training
680.500(d)(1-4)
activities. Such information must include the following,
disaggregated by local areas served, as applicable:
680.490(b)(2)
a Recognized post-secondary credential(s) offered;
680.500(d)(1)
Provider information supplied to meet the state’s
b 680.500(d)(2)
eligibility procedure;
680.490(b)
c Performance and cost information; and,
680.500(d)(3)
Additional information as the state determines
appropriate, such as the number of units (for
d 680.500(d)(4)
example, credits, hours or semesters) needed to earn
the credentials offered.
The state eligible training provider list must be
680.430(b)(5)
2 accompanied by relevant performance and cost
680.500
information.
The state eligible training provider list must be widely
available to the public (including all local boards)
680.400(b)
through electronic means, including websites and
3 680.430(b)(5)
searchable databases, as well as any other means states
680.500(c)
use to disseminate information to consumers, and easily
understood.
The designated state entity must disseminate the list
to the local boards, the one-stop system, its partner
a 680.500
programs, the public, and the state’s secondary and
postsecondary education system.
The state eligible training provider list must be
accessible to individuals with disabilities,
individuals seeking information on training
b 680.500(c)
outcomes, and individuals participating in
employment and training programs funded under
WIOA.
Attachment II
Required State Responsibilities (cont.) 20 CFR Citation
The State eligible training provider list must not
c reveal personally identifiable information about 680.500(e)
individual participants.
The state must establish a minimally burdensome
mechanism for adding Registered Apprenticeship programs 680.470(a)
II
(RAPs) to the list and verifying registration status at least 680.460(j)
every two years.
The governor must work with the state board to develop
procedures, information requirements, and criteria for
III 680.430
determining eligibility (including clarifying state and local
board responsibilities).
1 Initial eligibility requirements must: 680.450
Include required initial eligibility components listed
a 680.450(e)
on Eligibility Policy Checklist (see Attachment III);
Require providers seeking initial eligibility to
b provide verifiable program specific performance 680.450(e)
information;
Require providers to submit required information
for the programs to be considered for initial
c 680.450(a)
eligibility in accordance with the state’s procedure;
and,
Only permit initial eligibility to last for one year for
d 680.450(g)
each program of study.
e Exempt from eligibility determinations: RAPs. 680.450(b)
If a RAP expresses interest in being on the state
eligible training provider list, the state must
i Attachment I
request the RAPs provide the following
information to the state:
(1) Occupations included within the RAP;
The name and address of the RAP
(2)
sponsor;
The name and address of the Related
Technical Instruction provider, and the
(3)
location of instruction if different from
the program sponsor’s address;
Attachment II
Required State Responsibilities (cont.) 20 CFR Citation
The method and length of instruction;
(4)
and,
(5) The number of active apprentices.
2 Continued eligibility requirements must: 680.460
Establish an application procedure for training
a providers to maintain their eligibility and the 680.460(a)
eligibility of their programs;
Establish a procedure that ensures that all providers
are subject to review and renewal of their eligibility
680.450(g)
b within a year of their initial eligibility determination
680.460(i)
and at least every two years thereafter, which can
establish minimum standards;
Describe the application procedure for continued
eligibility in the State Plan, and outline the roles of
c the state and local areas in receiving and reviewing 680.460(d-e)
provider applications, and in making eligibility
determinations;
Include the continued eligibility components listed
d on Eligibility Policy Checklist (see Attachment III); 680.460(f)(1-10)
and
Take into account whether the provider accurately
and timely submitted all of the information required
for completion of eligible training provider
e 680.460(f)(10)
performance reports (WIOA section 116(d)(4)) and
all of the information required for initial and
continued eligibility.
Information requirements for continued eligibility
established by the governor must require eligible
training providers to submit appropriate, accurate,
f 680.460(g)
and timely information for participants receiving
training under WIOA title I. That information must
include:
The percentage of program participants who
i are in unsubsidized employment during the 680.460(g)(1)
second quarter after exit from the program;
The percentage of program participants who
ii are in unsubsidized employment during the 680.460(g)(2)
fourth quarter after exit from the program;
The median earnings of program participants
iii who are in unsubsidized employment during 680.460(g)(3)
the second quarter after exit from the program;
Attachment II
Required State Responsibilities (cont.) 20 CFR Citation
The percentage of program participants who
obtain a recognized postsecondary credential,
iv or a secondary school diploma or its 680.460(g)(4)
recognized equivalent during participation in
or within 1 year after exit from the program;
Information on recognized postsecondary
v 680.460(g)(5)
credentials received by program participants;
Information on cost of attendance, including
vi costs of tuition and fees, for program 680.460(g)(6)
participants; and
Information on the program completion rate
vii 680.460(g)(7)
for such participants.
The policies and procedures must include RAP sponsors
requesting ETP list inclusion as long as the program is
registered or until the program sponsor notifies the state
that it no longer wants to be included on the list, until
3 680.470(b)
the program is deregistered, or until they are determined
to have intentionally supplied inaccurate information or
have substantially violated a provision of Title I of
WIOA or its regulations.
The policies and procedures must not subject RAPs to
the same application and performance information 680.470
4
requirements or to a period of initial eligibility or
continued eligibility procedures.
The governor and state board must work with the
federal Office of Apprenticeship (OA) state director, or
if the state oversees the apprenticeship system, with the
5 680.470(a)
SAA to develop a mechanism to contact all RAPs
within the state in order to allow them to indicate
interest.
For initial and continued eligibility procedures, the governor 680.460(b)
IV
must: 680.450(c)
During a designated time period, solicit and consider
680.460(b)(1) - (3)
1 recommendations from local boards and training
680.450(c)(1) - (3)
providers regarding the procedures.
Provide an opportunity for public comment regarding 680.460(b)(2)
2
the initial and continued eligibility procedures. 680.450(c)(2)
Attachment II
Required State Responsibilities (cont.) 20 CFR Citation
The designated state entity must determine whether the
provider submitted accurate information for the eligibility
680.460(k-l)
criteria and performance levels, and take enforcement
V 680.480
actions as needed if the provider intentionally submitted
680.430(b)(2), (4)
inaccurate information or substantially violated the
requirements of WIOA.
The governor's procedures must include what the
governor considers to be a substantial violation of the
requirement to timely and accurately submit all of the
1 information required for completion of the eligible 680.460(l)
training provider performance reports required under
WIOA Section 116(d)(4) and all of the information
required for initial and continued eligibility.
These procedures must take into account exceptional
circumstances beyond the provider's control, such as
a 680.460(l)(1)
natural disasters, unexpected personnel transitions,
and unexpected technology-related issues.
Providers who substantially violate the requirement
b to timely and accurately submit all required 680.460(l)(2)
information must be removed from the ETP list.
The designated state entity must ensure that state-
established minimum performance levels for initial and/or
VI 680.430(b)
continued eligibility are met (if applicable) including
verifying the accuracy of the information.
The governor must establish procedures for removing a
VII 680.480
provider from the list. Such procedures must:
Remove programs that do not meet established
680.430(b)(3)
1 eligibility criteria or state established minimum
680.480(c)
performance levels (if applicable).
Identify which entity is responsible for revoking a
2 680.480(b)
provider’s eligibility (local board or state agency).
Ensure that revocation is for a period not less than two
years for providers that intentionally supply inaccurate
information or substantially violate any provision of
3 WIOA or its regulations and that the training provider 680.480(b)
is liable to repay all adult and dislocated worker
training funds received during the period of
noncompliance.
Attachment II
Required State Responsibilities (cont.) 20 CFR Citation
Providers removed from the statewide ETP list, or
from a particular local area list of eligible training 680.480(d)
providers, must be afforded the opportunity to appeal 680.480(e)
the removal.
Establish an appeals procedure for providers of
training to appeal a denial of eligibility. The
680.480(b)
procedure must include an opportunity for a hearing
5 680.480(d)
and must explain the appeals process for denial or
680.480(e)
termination of eligibility of a provider of training
services.
The governor must establish a procedure by which a
provider can demonstrate that providing state-required
additional performance and cost information would be
VIII 680.490(c), (d)
unduly burdensome or costly. If the state determines that
providers have demonstrated such extraordinary costs or
undue burden:
The state must provide access to cost-effective
1 680.490(d)(1)
methods for the collection of the information
The state may provide additional resources to assist
providers in the collection of the information from
2 680.490(d)(2)
funds for statewide workforce investment activities
reserved under WIOA secs. 128(a) and 133(a)(1); or
The state may take other steps to assist eligible
3 training providers in collecting and supplying required 680.490(d)(3)
information such as offering technical assistance.
Allowable State Responsibilities 20 CFR Citation
Governors may require any additional performance
information (such as the information described at WIOA
I 680.490(c)
Section 122(b)(1)) that the governor determines to be
appropriate for eligibility or to better inform consumers.
Governors may establish minimum performance standards
680.450(f)
II for initial and continued eligibility, based on the
680.460(f)(1)(iv)
performance information required for each.
The governor may establish procedures and timeframes for
providing technical assistance to eligible training providers
who are not intentionally supplying inaccurate information
III or who have not substantially violated any of the 680.460(k)
requirements under this section but are failing to meet the
criteria and information requirements due to undue cost or
burden.
State policies and procedures may provide for reciprocal or
other agreements established with another state to permit
IV 680.520(c)
eligible training providers in a state to accept ITAs provided
by the other state.
Attachment II
Table 2
Required Local Board Responsibilities 20 CFR citation
Local boards must ensure that there are sufficient numbers and
types of providers of training services (including eligible providers
with expertise in assisting individuals with disabilities and eligible
providers with expertise in assisting adults in need of adult
I 680.430(c)(2)
education and literacy activities) serving the local area and
providing the services involved in a manner that maximizes
consumer choice and leads to competitive integrated employment
for individuals with disabilities.
Local boards must complete other responsibilities delegated to the
local boards by the state (state may not delegate responsibilities
specifically designated as a state responsibility unless explicitly
II stated in this guidance, the WIOA Final Rule, or WIOA statute). 680.430(c)(1)
For example, local boards must collect such performance
information as the state may require and determine whether the
providers meet the state’s performance criteria.
Local boards must remove ETPs that fail to meet local performance
standards (if applicable) from the local ETP list, in accordance with
state and local policies and procedures. This process must allow 680.480(e)
III
for appeals in accordance with the state’s appeals procedure for 683.630(b)
providers of training to appeal a denial of eligibility from the local
list of eligible training providers.
Local boards must ensure that the state’s ETP list is disseminated
IV publicly through the local one-stop system, including in formats 680.430(c)(3)
accessible to individuals with disabilities, and its partner programs.
Allowable Local Board Responsibilities 20 CFR citation
The local board may, except with respect to registered
I 680.430(e)
apprenticeship programs:
Require additional criteria and information from local
1 providers as criteria to become or remain eligible in 680.430(e)(1)
that local area; and
Set higher levels of performance than those required by
2 the state as criteria for local programs to become or 680.430(e)(2)
remain eligible to provide services in that local area.
Local boards may supplement the criteria and information
requirements established by the governor in order to support
II informed consumer choice and the achievement of local 680.510(a)
performance indicators. However, the local board may not do so
for registered apprenticeship programs.
Attachment II
Allowable Local Board Responsibilities (cont.) 20 CFR citation
1 This additional information may include: 680.510(b)
Information on programs of training services that are
a 680.510(b)(1)
linked to occupations in demand in the local area;
Performance and cost information, including program-
b specific performance and cost information, for the local 680.510(b)(2)
outlet(s) of multi-site eligible training providers;
Information that shows how programs are responsive to
c 680.510(b)(3)
local requirements; and
Other appropriate information related to the objectives of
d 680.510(b)(4)
WIOA.
Local boards may make recommendations to the Governor on the
III 680.430(d)
procedure used to determine eligibility of providers and programs.
Table 3
Training Provider Responsibilities 20 CFR citation
680.450(a)
Training providers must submit accurate and timely performance
680.450(e)
data and cost information for both initial eligibility and continued
I 680.460(g)
eligibility at least every two years, according to procedures
680.460(l)
established by the governor.
680.490(a), (b)
Training providers must deliver results and provide accurate
II 680.460(h-l)
information in order to retain status as an ETP.
RAPs must submit the information necessary to indicate interest in
being on the ETP list according to procedures established by the 680.470(a)
III
state, after being contacted by the state. These items should include 680.450(b)
the items in the checklist in Attachment III.
Intermediaries serving as RAPs who are employers using an outside
Forthcoming
IV instructional provider must identify their instructional provider in
Guidance
accordance with requirements established by their local board.
Attachment III
Eligible Training Provider (ETP) Eligibility Policy Checklist
Use this checklist to ensure your state ETP eligibility policy has the WIOA required components.
State ETP List – Eligibility Policy Checklist 1 Complete?
Description of each program of training services to be offered.
Your state Information addressing a factor related to the Workforce Innovation and
initial Opportunity Act (WIOA) performance indicators* (employment 2nd & 4th
eligibility Quarter after exit, median earnings 2nd Quarter after exit, credential attainment).
requirements Information concerning whether provider is in a partnership with a business.
must Information addressing the alignment of training with in-demand industry
include: sectors and occupations.
Other information required by the Governor.
ETP performance on WIOA performance indicators (employment 2nd & 4th
Quarter after exit, median earnings, credential attainment).
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.
The degree to which training programs relate to in-demand industry sectors and
occupations in the state.
State licensure requirements of training providers, and licensing status of
providers of training services, if applicable.
Your state
ETP's ability to offer industry-recognized certificates and credentials.
continued
eligibility ETP's ability to offer programs that lead to a recognized post-secondary
requirements credential.
must Quality of the program of training services including a program that leads to a
include : 2 recognized postsecondary credential. 3
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.
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, as described in Attachment II of this
guidance and the Governor’s procedures. The submission must be made in the
state-defined timeframe and manner.
Other factors determined by the Governor.
*Note: Does not include Measurable Skill Gains
1
Where possible, states are encouraged to leverage the required ETP performance reporting data to implement these
policies and procedures. The ETP performance reporting requirements are described in Training and Employment
Guidance Letter (TEGL) 03-18 (https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3527) and the WIOA
Common Performance Reporting Information Collection Request (OMB Control No. 1205-0526,
https://doleta.gov/performance/reporting/).
2
Criteria that require collection of information to demonstrate compliance must not be unduly burdensome or costly
to providers (20 CFR 680.460(h)(2)).
3
Note that WIOA statute nor final rules do not define “quality” for ETP programs. Therefore, states may define
“quality” with respect to a program of training services.
Attachment IV
Registered Apprenticeship Program (RAP) Required Information for ETP List*
RAPs approved under National Program Standards must submit to ETA
the following information to be added to ETP list(s):
I Occupations included within the RAPs;
II The name and address of the Registered Apprenticeship program sponsor;
The name and address(es) of the Related Technical Instruction provider(s), and the
location(s) of instruction if different from the program sponsor’s address; (Note: If the
III
provider of Related Technical Instruction is different from the program sponsor, cost of the
instruction may be requested);
IV The method and length of instruction; and
V The number of active apprentices.
*Note that Industry Recognized Apprenticeship Programs (IRAPs) 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, as described
in Attachments I and II of this guidance.
Attachment V
References
• Workforce Innovation and Opportunity Act, Pub. L. 113-128
• Joint Rule for Unified and Combined State Plans, Performance Accountability, and the
One-Stop System Joint Provisions; Final Rule (WIOA Joint Final Rule) published at 81
FR 55792 (Aug. 19, 2016)
• Employment and Training Administration, Workforce Innovation and Opportunity Act;
Final Rule (WIOA DOL Final Rule) published at 81 FR 56071 (Aug. 19, 2016)
• Training and Employment Guidance Letter (TEGL) No. 03-18, Eligible Training
Provider (ETP) Reporting Guidance under the Workforce Innovation and Opportunity
Act (WIOA), (August 31, 2018)
• TEGL 19-16, Guidance on Services provided through the Adult and Dislocated Worker
Programs under the Workforce Innovation and Opportunity Act (WIOA) and the Wagner-
Peyser Act Employment Service (ES), as amended by title III of WIOA, and for
Implementation of the WIOA Final Rules, (March 1, 2017)
• Work-Based Learning Resource Page
(https://ion.workforcegps.org/resources/2017/03/09/12/20/Work-Based_Learning_-
_Adult_and_Dislocated_Worker_Programs)
• Training Provider Outcomes Toolkit (TPOT) (http://documentation.dataatwork.org/tpot/)
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