Registered apprenticeships on WIOA training provider lists, Change 1

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI-DASG
             Washington, D.C. 20210                      DATE
                                                         May 17, 2021

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 13-16,
          CHANGE 1

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:         SUZAN G. LEVINE
              Principal Deputy Assistant Secretary

SUBJECT:      Guidance on Registered Apprenticeship Provisions and Opportunities in the
              Workforce Innovation and Opportunity Act (WIOA).

1. Purpose. This Training and Employment Guidance Letter (TEGL), Change 1, provides
   clarification on Registered Apprenticeship Programs (RAPs) as WIOA Title I Eligible
   Training Providers (ETP).

2. Action Requested. States should review and, if necessary, update current policies pertaining
   to RAPs and ETPs. States should also review and update procedural requirements associated
   with placing ETPs on ETP lists as appropriate.

3. Summary, Background, and Clarifications.

   a. Summary – This guidance clarifies several misconceptions regarding RAPs and ETPs to
      ensure apprenticeship continues to grow as an employment opportunity for jobseekers
      and a talent solution for businesses.

   b. Background – The Employment and Training Administration (ETA) published TEGL
      No. 13-16 in January 2017 and TEGL No. 08-19 in January 2020. This Change 1
      updates information on WIOA provisions related to Registered Apprenticeship found in
      TEGL No. 13-16 and ETP provisions related to Registered Apprenticeship found in
      TEGL No. 08-19. A similar Change 1 is being made to TEGL No. 08-19.

   RESCISSIONS                                            EXPIRATION DATE
   None                                                   Continuing

         ETA’s review of policies within WIOA State Plans, monitoring reviews, and technical
         assistance with the public workforce system and apprenticeship-related grants have
         revealed a few areas of confusion relating to TEGL No. 13-16 and TEGL No. 08-19,
         which this guidance aims to address. Additional resources on apprenticeship are
         available at https://www.apprenticeship.gov/resource-hub and
         https://apprenticeship.workforcegps.org/.

4. Clarifications – This guidance clarifies some of the areas that are commonly misunderstood
   to assist states in achieving an effective, efficient, and compliant public workforce system.
   This TEGL does not change any of the existing guidance in TEGL No. 13-16, but does add
   the following clarifications relating to RAPs and ETP lists:

         a. RAPs must opt-in to ETP lists
            One common area of confusion relates to RAPs’ automatic eligibility for inclusion on
            state ETP lists. Although language on the bottom of page 4 of TEGL No. 13-16
            states that “WIOA automatically includes Registered Apprenticeship programs on
            state Eligible Training Provider Lists (ETPL)…,” this statement on its own leaves out
            the important context provided later on page 5 of TEGL No. 13-16 that this is in
            reference to the automatic eligibility for placement on state-approved ETP lists,
            consistent with Section 680.470 of the WIOA regulations. Not all RAP sponsors are
            currently hiring new apprentices and thus may not want to opt-in as an ETP, despite
            automatic eligibility. Also, employers that are RAP sponsors may be reluctant to
            coordinate with the public workforce system when they do not understand the
            benefits of doing so. It remains important for states to communicate the benefits of
            ETP list placement to current and new sponsors.

         b. RAPs that have opted in to State ETP lists must be on all Local ETP lists in the
            State
            Another area of confusion relates to the placement of RAPs on local ETP lists. TEGL
            13-16 states on page 8 – “The expectation is that Registered Apprenticeship
            programs will be included on statewide lists of ETPs through a minimally
            burdensome process that includes the State Director of Apprenticeship, as well as any
            and all local lists of ETPs.” This was further clarified with a visual depiction in
            Attachment I, page I-6, of TEGL No. 08-19 emphasizing that all programs added to
            state lists must also be added to all local lists in that state. Any local ETP list, where
            they exist, must be a subset of the statewide ETP list. All RAPs on a statewide ETP
            list must also be located on all local ETP lists in the state.

         c. National Program RAPs do not need to register as an apprenticeship program in
            individual states for ETP list access
            Monitoring and technical assistance has revealed that many states incorrectly require
            National Program RAP sponsors1 to register their apprenticeship program in the

1
  Many national employers and employer associations operating in multiple states register their apprenticeship program(s) with a
set of National Program Standards that are used by the program in every state and/or locality where the program operates. These
National Program Standards are centrally managed, usually where the company is headquartered, and these programs are

               particular state to qualify for automatic eligibility for inclusion on the ETP list.
               However, National Program RAPs are automatically eligible for placement on
               statewide ETP lists where they have operations. States cannot require National
               Program RAPs to also register their program in a particular state in order to gain
               inclusion on the ETP list in that state. Unlike the process for in-state RAPs, in the
               case of National Program RAPs, a representative from the RAP or from ETA’s
               Office of Apprenticeship will initiate contact with the state in which the RAP is
               seeking ETP list inclusion. In cases where the provider of the Related Technical
               Instruction component for a National Program RAP has on-line instruction available
               in numerous states or across all states, that National Program RAP may request
               inclusion on all state ETP lists where instruction is available and for which it desires
               ETP list placement.

          d. RAPs always provide training in an in-demand occupation
             Some states have expressed concern related to the eligibility of RAPs to receive
             WIOA training funds due to the requirement that ETPs must provide training that is
             connected to in-demand industry sectors and occupations, consistent with Section
             134(c) of WIOA. Given that RAPS are a link to demonstrated hiring needs and
             WIOA provides automatic training provider eligibility to RAPS, ETA has determined
             that RAPs qualify as occupations in-demand in the local labor market. TEGL No. 08-
             19 notes on Attachment I, page I-9 that “States may also give priority to ETPs that
             have established relationships with employers that are looking to hire.” ETA
             strongly recommends that state ETP policies reflect that RAPs reflect in-demand
             occupations. Local program operators should not spend time determining
             “occupational-demand status” for RAP sponsors that are hiring.

          e. Add new RAPs to the ETP list in a timely manner
             One final area of clarification relates to the formal process by which RAPs opt-in to
             the state ETP lists. TEGL No. 08-19 notes in Attachment II, page II-2 that “The state
             must establish a minimally burdensome mechanism for adding Registered
             Apprenticeship programs (RAPs) to the [Eligible Training Provider] list and
             verifying registration status at least every two years.” This verification period every
             two years is a minimum. TEGL No.13-16, on page 7, states, “data collection on new
             Registered Apprenticeship programs should be added on a timely basis, at least semi-
             annually.” ETA strongly encourages states to review ETP lists and add any new
             RAPs at least every six months, and states may add new RAPs to an ETP list at any
             time. States do not need to wait two years to verify registration status or to refresh
             their ETP lists.

5. Inquiries. Please direct inquiries to the appropriate Regional Office.

generally registered by and serviced in the Employment and Training Administration’s Office of Apprenticeship (ETA/OA)
National Office, not in individual states. As is the case with all RAPs, all apprenticeship programs registered using National
Program Standards are automatically eligible for placement on State and local ETP lists where they have apprentices.

6. References.

      a. TEGL No. 13-16, Guidance on Registered Apprenticeship Provisions and
         Opportunities in the Workforce Innovation and Opportunity Act (WIOA).
      b. TEGL No. 08-19, Workforce Innovation and Opportunity Act (WIOA) Title I Training
         Provider Eligibility and State List of Eligible Training Providers (ETPs) and
         Programs.

7. Attachment(s). N/A