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WIOA training provider eligibility transition
Summary ETA explained how states should determine which training providers could use WIOA Title I-B funds and publish the eligible provider list during the transition from WIA. Two attachments provide references and a transition chart. Change 1 extended one deadline, and ETA now labels the base letter Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 41-14
Date issued
June 26, 2015
Status
Withdrawn
ETA lists this base letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and Rescissions: None. Change 1 later amended the eligibility transition deadline to June 30, 2016; no cancellation instrument for the base letter is identified.
Status last verified October 24, 2026
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CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION WIOA
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OWI
Washington, D.C. 20210 DATE
June 26, 2015
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 41-14
OPERATING GUIDANCE for the WORKFORCE INNOVATION AND
OPPORTUNITY ACT (referred to as WIOA or the Opportunity Act)
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS
FROM: PORTIA WU /s/
Assistant Secretary
SUBJECT: Workforce Innovation and Opportunity Act (WIOA or Opportunity Act) Title I
Training Provider Eligibility Transition
1. Purpose. In accordance with WIOA sec. 122, this guidance explains the requirements and
timelines for determining training provider eligibility in order to utilize WIOA title I-B
training funds and for publicly disseminating the eligible training provider list.
WIOA was signed into law on July 22, 2014. WIOA is designed to help job seekers access
employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economy.
WIOA supersedes titles I and II of the Workforce Investment Act of 1998, and amends the
Wagner-Peyser Act and the Rehabilitation Act of 1973.
The Departments of Labor and Education published a set of regulations for implementing
WIOA through the posting of five Notice of Proposed Rulemaking (NPRMs) documents.
These NPRMs were open for public comment until June 15, 2015, and several hundred
comments were received by both Departments. The Federal agencies will review, analyze
and consider the comments received. The Final WIOA rules will be issued in 2016.
In order to continue implementation prior to the final rule, a series of WIOA Operating
Guidance documents are being issued in the form of Training and Employment Guidance
Letters (TEGLs). These Operating Guidance documents on WIOA will inform the
workforce system on how to begin the important planning and organizational work necessary
to comply with the WIOA statutory requirements. The Operating Guidance TEGLs will
RESCISSIONS EXPIRATION DATE
None Continuing
provide a framework for program activities until the regulations are finalized. This TEGL is
one in a series of WIOA Operating Guidance.
2. References. See Attachment I.
3. Background. Under both WIA title I and WIOA title I-B, participants in need of training
services to enhance their job readiness or career pathway may access career training through
a list of state-approved training providers and their state-approved training programs.
Participants can select from the list of eligible training provider (ETP) programs that meet
their needs. WIOA title I-B builds upon and modifies the system in place under WIA title I.
This guidance highlights and clarifies those changes to assist State and Local Workforce
Development Boards in adjusting their processes to comply with WIOA requirements.
The workforce development system established under WIOA emphasizes informed consumer
choice, job-driven training, provider performance, and continuous improvement. The quality
and selection of providers and programs of training services, including Registered
Apprenticeship programs and others, is vital to achieving these core principles. As required
by WIOA sec. 122, States, in partnership with Local Boards, must identify eligible training
providers that are qualified to receive WIOA title I-B funds to train adults and dislocated
workers, including those with disabilities. Therefore, WIOA requires that each State must
maintain a list of eligible training providers and their eligible training programs. The list
must be accompanied by relevant performance and cost information and must be made
widely available, including in electronic formats, and presented in a way that is easily
understood, in order to maximize informed consumer choice and serve all significant
population groups. Governors and boards are required to implement the ETP provisions of
WIOA by July 22, 2015 (not later than 12 months after the enactment of WIOA).
The State plays a leadership role in ensuring the success of the eligible training provider
system in partnership with Local Boards, the one-stop system, and its partners. The
approved list of eligible training providers should serve as an important tool for participants
seeking training to identify appropriate providers, and relevant information such as cost and
program outcomes. Using the list of eligible training providers, case managers in one-stop
career centers can assist participants in identifying training and training providers in high
demand industries that result in positive outcomes and recognized credentials.
This operating guidance addresses the requirements for the provisions that go into effect in
the first year implementation of the WIOA. States should be aware of future requirements,
such as performance reporting, beyond the first year of implementation that will be addressed
in separate guidance in the future.
4. Eligible providers of training services. Only providers that the State determines to be
eligible, as required in WIOA sec. 122, may receive training funds under WIOA title I-B to
provide training for participants who enroll in a WIOA-funded program of training services,
except as discussed in Section 5 of this TEGL.
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Eligible training providers include:
o Post-secondary education institutions;
o Registered Apprenticeship programs;
o Other public or private providers of training, which may include joint
labor-management organizations and eligible providers of adult education
and literacy activities under title II if such activities are provided in
combination with occupational skills training;
o Local Boards, if they meet the conditions of WIOA sec. 107(g)(1); and
o Community Based Organizations (CBOs) or private organizations of
demonstrated effectiveness that provide training under contract with the
Local Board.
Eligible training providers are subject to the equal opportunity and nondiscrimination
requirements contained in Section 188 of WIOA. The types of eligible training providers for
WIOA are substantively the same as those under WIA. However, under WIOA, Registered
Apprenticeship programs must be included and maintained on the list for as long as the
program remains registered under the National Apprenticeship Act. Section 8 of this
guidance further discusses inclusion of Registered Apprenticeships as eligible providers.
5. Eligible programs of training services. A program of training services is defined as one or
more courses or classes, or a structured regimen that leads to a recognized post-secondary
credential, secondary school diploma or its equivalent, employment, or measurable skill
gains toward such a credential or employment. These training services could be delivered in
person, on-line, or in a blended approach. The types of eligible training services under WIOA
title I-B are similar to those approved under WIA title I with expanded options for incumbent
workers, and the use of Local Board contracts for training services.
Not all allowable types of training services are subject to the requirements of the eligible
training provider provisions in WIOA title I-B. Training services exempt from the Section
122 eligibility requirements include:
• On-the-job training; customized training; incumbent worker training; transitional
employment; or
• The circumstances described at WIOA sec. 134(c)(3)(G)(ii), where the Local Board
determines that:
o There are insufficient providers, or
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, or
o It would be most appropriate to award a contract to an institution of higher
education or other eligible provider of training services in order to facilitate the
training of multiple individuals in in-demand industry sectors or occupations, and
such contract does not limit customer choice; or
• When the Local Board provides training services through a pay-for-performance
contract.
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For training programs exempted from the training provider eligibility requirements, the
Governor may require one-stop operators in a local area to collect performance information
and determine whether the providers meet the Governor’s performance criteria. Providers
that meet the criteria are considered eligible providers of training services.
6. Procedure for establishing training provider eligibility. Generally, the Governor, in
consultation with the State Board, must develop procedures for determining provider
eligibility. Procedures must be in place by July 22, 2015 to determine the initial eligibility of
“new” training provider programs that were not eligible under WIA title I. These procedures
do not apply to Registered Apprenticeship programs, which are discussed below in section 8
of this TEGL.
The requirements to become an eligible provider of training services apply to all
organizations providing WIOA title I-B- funded training to adults and dislocated workers,
with the specific exception of Registered Apprenticeship programs. For Registered
Apprenticeship programs, WIOA makes a change from WIA in that Registered
Apprenticeship programs must be included and maintained on the list of eligible training
providers for as long as the program remains registered. The Governor, in consultation with
the State Board, must establish procedures for determining the initial eligibility of new
providers, procedures for reviewing and renewing eligibility for all providers at least every
two years, and procedures for transitioning existing WIA providers to WIOA.
a. Initial eligibility for new providers under WIOA title I-B. States must implement the
initial eligibility procedures under WIOA by July 22, 2015. For all programs that have
not previously been eligible, except for Registered Apprenticeship programs, providers
must submit required information for the programs to be considered for initial eligibility
in accordance with the Governor’s procedures. Programs that become eligible under
these procedures receive initial eligibility for only one year. In establishing the initial
eligibility procedures and criteria, the Governor may establish minimum performance
standards, and the Department encourages Governors to do so.
The Governor must require providers seeking initial eligibility under WIOA title I-B to
provide verifiable program specific performance information. The State’s initial
eligibility criteria must require applicant providers to, at a minimum:
• Describe each program of training services to be offered;
• Provide information addressing a factor related to the indicators of performance, as
described in WIOA sec. 116(b)(2)(A)(i)(I)-(IV), which include: unsubsidized
employment during the second quarter after exit, unsubsidized employment during
the fourth quarter after exit, median earnings, and credentials attainment;
• Provide information concerning whether the provider is in a partnership with
business. This could include information about the quality and quantity of employer
partnerships;
• Provide other information the Governor may require in order to demonstrate high
quality training services, including a program of training services that leads to a
recognized post-secondary credential; and,
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• Provide information that addresses alignment of the training services with in-demand
industry sectors and occupations, to the extent possible.
b. Continued eligibility application procedure. The State must establish an application
procedure for training providers to maintain their eligibility and the eligibility of their
programs. Continued eligibility requirements apply to training providers transitioning to
WIOA title I-B who were previously eligible under WIA title I and newly eligible
training providers that were determined to be initially-eligible under WIOA title I-B.
Providers previously eligible under WIA title I will be subject to the application
procedure for continued eligibility at the end of the transition period which may extend
up to December 31, 2015, or an earlier date as determined by the Governor. The
Governor’s procedure for continued eligibility must be implemented in a timely way so
that provider eligibility is established by the end of the transition period for these
providers. Newly eligible training providers that were determined to be initially-eligible
under WIOA title I-B will be subject to the application procedure for continued eligibility
before their initial year of eligibility expires. The continued eligibility procedure should
be implemented in a timely way so that continued provider eligibility is established by
the end of their initial year of eligibility. All providers are subject to review and renewal
of their eligibility at least every two years, according to the Governor’s procedure. The
Governor’s application procedure for continued eligibility must be described in the State
Plan, and outline the roles of the State and local areas in receiving and reviewing provider
applications, and in making eligibility determinations.
In establishing criteria for continued eligibility, the Governor must take into account the
following factors:
• The performance of providers of training services on the performance accountability
measures described in WIOA sec. 116(b)(2)(A)(i)(I)-(IV). The Governor may
establish minimum performance standards, and the Department encourages
Governors to do so. Until the performance data for each accountability measure is
available, the Governor may take into account alternate factors related to performance
for that accountability measure. In considering alternate factors related to
performance the Governor may set minimal performance criteria, use existing
available data, or develop other proxies as appropriate. Once training providers have
two years of performance outcomes using the WIOA performance indicators
specified in section 116, Governors will be expected to take them into account;
• Access to training services throughout the State including rural areas and through the
use of technology;
• Information reported to State agencies on Federal and State training programs other
than programs within WIOA title I-B, including one-stop partner 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;
• The provider’s ability to offer industry-recognized certificates and/or credentials;
• The ability of providers to offer programs that lead to post-secondary credentials;
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• The quality of the program of training services including a program that leads to a
recognized post-secondary credential;
• The ability of the providers to provide training services that are physically and
programmatically accessible for individuals who are employed and individuals with
barriers to employment, including individuals with disabilities;
• The timeliness and accuracy of the eligible training provider’s performance reports;
and,
• Other factors that the Governor determines are appropriate in order to ensure: the
accountability of providers; that one-stop centers in the State will meet the needs of
local employers and participants; and that participants will be given an informed
choice among providers. States are responsible for ensuring the quality and value of
eligible training providers for WIOA program participants. Examples of additional
factors that the Governor may consider include: the ability of a provider to partner
with employers and to provide job placement services; the dropout rate of the training
provider, and the student loan default rate of the provider.
c. Transition opportunities for currently eligible WIA training providers. Providers
previously eligible under WIA title I may remain eligible through a transition period,
which may extend to December 31, 2015, or to an earlier date as determined by the
Governor. These existing WIA providers are not subject to the initial eligibility
procedures but are subject to the continued eligibility procedures under WIOA title I-
B. The Governor’s procedure for continued eligibility must be implemented in a
timely way so that provider eligibility is established by the end of the transition
period for these existing WIA providers. These procedures do not apply to Registered
Apprenticeship programs, which are discussed below in section 8 of this TEGL.
7. Role of State and Local Areas in Developing and Disseminating the List of Eligible
Training Providers.
a. The Role of the State: The Governor must establish eligibility criteria and procedures
for initial determination and renewals of eligibility for training providers and training
programs to receive funds under WIOA title I-B. In doing so, the Governor may
establish minimum performance levels for eligibility and the Department encourages
Governors to do so. The Department anticipates that most States will work through a
designated State agency or appropriate State entity to administer the ETPL requirements.
The Governor or State agency has explicit responsibility for managing and disseminating
the approved list of eligible training providers. The State must perform the following
required roles:
• Establishing eligibility procedures and clarifying State and Local Board roles and
responsibilities;
• Establishing a mechanism for adding Registered Apprenticeship programs to the list
and verifying registered status at least every two years;
• Consulting with the State Board when establishing these procedures;
• Providing an opportunity for interested members of the public to make
recommendations and submit comments regarding the eligibility procedure including
Local Boards;
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• Determining whether the provider submitted accurate information, and take
enforcement actions as needed;
• Disseminating the list to the Local Boards, the one-stop system, its partner programs,
and the public;
• Determining if state-established minimum performance levels for eligibility are met;
• Removing programs that do not meet State-established program criteria or
performance levels for eligibility; and,
• Establishing an appeals procedure for providers to appeal a denial of eligibility under
this section.
b. Role of Local Boards. The Local Boards have statutorily required responsibilities related
to eligible training providers, roles that the Governor may assign the Local Board, and
additional options for their local area.
• Local Boards must work with the State to ensure that:
o There are sufficient numbers and types of providers of career services and
training services (including eligible providers with expertise in assisting
individuals with disabilities and eligible providers with expertise in assisting
adults in need of adult 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; and
o The State’s eligible training provider list is disseminated publicly through the
local one-stop system, and its partner programs;
• The Governor may also assign specific responsibility to Local Boards such as
determining the initial eligibility of entities providing a program of training services,
renewing the eligibility of providers, and considering the possible termination of an
eligible provider due to the provider’s submission of inaccurate eligibility and
performance information or the provider’s substantial violation of WIOA; and
• The Local Board may set additional eligibility criteria, information requirements, and
minimum performance levels for local providers beyond what is required by the
Governor’s procedure. Local Boards may also provide comment and input into the
Governor’s development of the eligible provider procedure through the public
comment process. Any additional requirements established by the Local Board will
only affect a program’s eligibility and performance level eligibility requirements
within the local area.
8. Registered Apprenticeship. This section describes how States may integrate Registered
Apprenticeship programs onto the list of eligible training providers. Pre-apprenticeship
programs do not have the same automatic ETP status under WIOA title I-B as do Registered
Apprenticeship programs. Information on the Registered Apprenticeship program is found at
http://www.dol.gov/apprenticeship/.
a. Registered Apprenticeship Requirements for ETP Status. Under WIOA title I-B,
Registered Apprenticeship program sponsors that request to be ETPs are automatically
included on the list and will remain 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.
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Registered Apprenticeship programs are not subject to the same application and
performance information requirements or to a period of initial eligibility or initial
eligibility procedures as other providers because they go through a detailed application
and vetting procedure to become a Registered Apprenticeship program sponsor with the
United States Department of Labor or the State Apprenticeship Agency (SAA).
b. Registered Apprenticeship program sponsors. All Registered Apprenticeship
programs are eligible to be included on the State list of eligible training providers.
Registered Apprenticeship can take many forms and the sponsors are diverse, including:
• Employers who provide related instruction. A number of employers with
Registered Apprenticeship programs provide formal in-house instruction as well
as on-the-job training at the work site.
• Employers who use an outside educational provider. Under this model
Registered Apprenticeship program sponsors do not provide the related
instruction or educational portion of the apprenticeship, but rely upon an outside
educational entity to deliver instruction. Employers can use two- or four-year
post-secondary institutions, technical training schools, eligible providers of adult
education and literacy activities under title II, or on-line courses for related
instruction. The employer is the ETP and must identify their instructional
provider as defined locally.
• Joint Apprenticeship Training Programs. These programs are made up of
employers and unions. They have an apprenticeship training school where the
instructional portion of the Registered Apprenticeship program is delivered. The
training schools are usually administered by the union.
• Intermediaries. Intermediaries can serve as program sponsors when they take
responsibility for the administration of the apprenticeship program. They can also
provide expertise such as curriculum development, classroom instruction and
supportive services, as appropriate. The intermediary is the ETP and must
identify the instructional provider if an outside organization is providing the
educational portion of the apprenticeship. Intermediaries include:
o Educational institutions including two- and four-year post-secondary
institutions, technical schools, or eligible providers of adult education and
literacy activities under title II. In this model the educational institution
administers the program, works with employers to hire apprentices and
provides classroom or on-line instruction for the apprenticeship program;
o Industry associations administer the program and work with
employer/members and educational entities to implement the apprenticeship
program; and,
o Community based organizations administer the program and work with
employers, educational entities and the community to implement the
apprenticeship program.
c. Adding Registered Apprenticeship programs to the State list of Eligible Training
Providers. Registered Apprenticeship program sponsors must indicate their interest in
being an ETP according to procedures established by the Governor. The Governor must
work with the federal Office of Apprenticeship (OA) state director, or if the State
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oversees the apprenticeship system, with the SAA to develop a mechanism to contact all
Registered Apprenticeship programs within the State in order to allow them to indicate
interest (Federal OA and SAA state contact information is at
http://www.doleta.gov/oa/contactlist.cfm).
When developing the procedures, the State must consider that new Registered
Apprenticeship programs are constantly added to the federal and SAA databases and may
want to become ETPs. Therefore, data collection on new Registered Apprenticeship
programs should be conducted on a timely basis (quarterly or bi-annually). All
Registered Apprenticeship programs should be required to include the following
information for the State:
1. Occupations included within the Registered Apprenticeship program;
2. The name and address of the Registered Apprenticeship program sponsor;
3. The name and address of the Related Technical Instruction provider, and the
location of instruction if different from the program sponsor’s address;
4. The method and length of instruction; and,
5. The number of active apprentices.
Registered Apprenticeship program sponsors that do not provide the Related Technical
Instruction portion of the apprenticeship program (as outlined above) may be required to
provide additional information about their education provider, including the cost of the
instruction.
d. Verifying Registered Apprenticeship Program ETP Status.
The Governor is required to develop a procedure to verify the status of Registered
Apprenticeship programs as part of the State’s review of the State list of eligible training
providers at least every two years. The State will need to work with the federal OA or
the SAA to obtain a list of all Registered Apprenticeship programs that are either
voluntarily or involuntarily deregistered. This process can be part of the procedures
outlined in Section 8c of this Guidance.
9. Required Provider Information. All eligible training providers must submit accurate and
timely performance data and cost information at least every two years, according to
procedures established by the Governor. While the statute requires providers to supply
information at least every two years, States may update the information in the State list more
frequently, so that participants considering training have the most current information. The
Governor must take this information into account when establishing continued eligibility and
as part of the State’s biennial review and renewal of eligibility for a particular provider.
a. The program-specific performance information submitted to the State must include the
following information, disaggregated by the local area being served, as applicable:
• Performance outcome information for the indicators described in WIOA sec.
116(b)(2)(I-IV) ;
• Information identifying the recognized post-secondary credentials received by
WIOA participants;
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• Program cost information, including tuition and fees, for WIOA participants in
the program, and;
• Information on the program completion rate for WIOA participants.
b. The Governor may require any additional performance information that the Governor
determines to be appropriate to determine and maintain eligibility.
c. Governors must establish a procedure by which a provider can demonstrate that
providing information required under this section would be unduly burdensome or costly.
If the Governor determines that providers have demonstrated such extraordinary costs or
undue burden:
• The Governor must provide access to cost-effective methods for the collection of
the information;
• The Governor may provide additional resources to assist providers in the
collection of the information from funds for statewide workforce investment
activities reserved under WIOA secs. 128(a) and 133(a)(1); or
• The Governor may take other steps to assist training providers in collecting and
supplying required information such as offering technical assistance.
d. In addition to the information requirements for development of the list of eligible training
providers, which are described above, WIOA sec. 116(d) requires providers to submit
performance information for the State’s Eligible Training Provider Performance Reports,
which are disseminated publicly similarly to the list of eligible training providers. ETA
will issue separate guidance addressing the requirements for State Eligible Training
Provider Performance Reports.
10. Dissemination of the State list of eligible training providers. WIOA requires that the
Governor or State agency disseminate the State list of eligible training providers and
accompanying performance and cost information to Local Boards in the State and to
members of the public online including through Web sites and searchable databases and
through whatever means the State uses to disseminate information to consumers, including
the one-stop delivery system and its program partners throughout the State. The
Employment and Training Administration will continue to maintain lists of Eligible Training
Providers on CareerOneStop.Org, and Workforce Agencies are encouraged to also make this
information available on state websites through a web service or other application
programming interface (API).
a. Ease of use and accessibility. Because the purpose of the list of eligible training
providers is to support participants seeking training in making informed choices
regarding providers that meet their needs, the list should be made easily available to
partners, stakeholders, and those participants interested in training. It should also be
presented in a format that is searchable, user friendly, facilitates comparisons, accessible
to individuals with disabilities, and easily understood by individuals seeking information
on training outcomes, as well as participants in employment and training activities funded
under WIOA, and other programs.
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b. Accompanying information. The State eligible training provider list must be
accompanied by appropriate information to assist participants in choosing employment
and training activities. Such information must include the following, disaggregated by
local areas served, as applicable:
• Recognized post-secondary credential(s) offered;
• Provider information supplied to meet the Governor’s eligibility procedure;
• Performance and cost information aligned with the time periods; and,
• Additional information as the Governor determines appropriate, such as the
number of units (for example, credits, hours or semesters) needed to earn the
credentials offered.
c. Privacy Considerations. 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.
d. Additional Local Board information. 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. These additional
informational requirements may include:
• Information on programs of training services that are linked to occupations in
demand in the local area;
• Performance and cost information, including program-specific performance and
cost information, for the local outlet(s) of multi-site eligible providers;
• Information that shows how programs are responsive to local requirements; and,
• Other appropriate information related to the objectives of WIOA such as
participant satisfaction or other LWIB determined factors.
e. Eligible training provider exceptions. Providers of on-the-job training, customized
training, incumbent worker training, internships, paid or unpaid work experience, or
transitional employment are not subject to the ETP requirements discussed in Section 6.
For these training programs, one-stop operators in a local area must collect such
performance information as the Governor may require and determine whether the
providers meet the Governor’s performance criteria. The Governor may require one-stop
operators to disseminate a list of providers that have met the performance criteria, along
with the relevant performance information about them, through the one-stop delivery
system. Providers that meet the criteria are considered eligible providers of training
services.
f. Eligible training providers outside the Local Area or State. An individual may choose
a training provider located outside the local area, and, in some instances, in other States.
States may enter into reciprocity agreements with other States under which providers of
training services are allowed to accept individual training accounts provided by another
State. Providers of training services that are located outside the local area may not be
subject to State eligibility procedures if the provider has been determined eligible by
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another State with such an agreement. The option to enter into reciprocity agreements
diminishes the burden on States and providers of training services to be subject to
duplicative procedures and is allowable under WIOA sec. 122(g). This provision also
expands the array of training options available for individuals seeking training.
g. Dissemination of Registered Apprenticeship program providers. The Governor is
responsible for disseminating information on Registered Apprenticeship Program ETPs
to Local Boards. This includes updating new Registered Apprenticeship Program ETPs,
removing programs that no longer want to remain on the list, and eliminating deregistered
programs. The Governor is authorized to designate a State agency to carry out this
requirement. The Department urges the State agency to work directly with the federal
Office of Apprenticeship state director or if the State oversees the apprenticeship system,
the SAA, to obtain the information.
11. Deeming Providers Ineligible. A training provider must deliver results and provide
accurate information in order to retain its status as an eligible training provider under WIOA
title I-B. The State may revoke a provider’s eligibility and remove the provider from the list
of approved providers for false reporting, for substantially violating a provision of title I of
WIOA or its implementing regulations, or for failure to meet required performance outcomes
(if established). Eligible training providers are subject to the equal opportunity and
nondiscrimination requirements under WIOA Section 188. The State must establish
procedures for removing a provider from the list. Such procedures must also identify which
entity is responsible for revoking a provider’s eligibility (Local Board or State Agency).
Revocation must be for a period not less than two years. A provider who has been removed
from the list of eligible training providers is liable to repay all adult and dislocated worker
training funds received during the period of noncompliance. States and Local Areas should
work together to ensure that any participants currently enrolled in that training program
experience minimal disruption.
a. WIOA requires a biennial review of providers on the State list. This document
provides supporting guidance for the implementation of the ETP provisions prior to the
release of WIOA regulations. However, states should be aware that a review of provider
eligibility is required under WIOA title I-B at least every two years and providers failing
to meet performance, reporting, or other requirements may be removed from the list as a
result of that review. Additional detail will be provided in future guidance.
b. Appeals process for providers removed from the State or Local list. Providers
removed from the statewide list of eligible training providers, or from a particular local
area list of eligible training providers, must be afforded the opportunity to appeal the
removal. Therefore, the Governor must establish an appeals procedure for providers of
training to appeal a denial of eligibility. The procedure must explain the appeals process
for denial or termination of eligibility of a provider of training services. Likewise, Local
Boards must establish an appeals procedure for providers of training to appeal a denial of
eligibility from the local list of eligible training providers which explains the appeals
process for denial or termination of eligibility of a provider of training services.
12
12. Training Providers Serving Participants in the Trade Adjustment Assistance Program
(TAA). The TAA program established under the Trade Act of 1974, Public Law 93-618, as
amended, does not contain the WIOA sec. 122 requirement that only providers that the State
determines to be eligible, including apprenticeship programs, may receive training funds.
TAA participants may select a training program offered by a provider on the State list of
eligible training providers, and the cooperating state agency administering TAA for the state
may approve that training if it meets the criteria for TAA training approval for that
participant. If a participant is co-enrolled in a WIOA program and TAA, the TAA program
also may fund training by a provider that is not on the State list of eligible training providers.
However, if a co-enrolled participant receives training under WIOA, the requirements under
WIOA sec. 122 apply.
13. Action Requested. States must proceed with the actions outlined in this guidance.
14. Inquiries. Questions regarding this guidance should be directed to the appropriate ETA
regional office.
15. Attachment(s).
Attachment I: References
Attachment II: Eligible Training Provider “Quick Reference Guide”
13
Attachment 1
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_41-14_Attachment_I.pdf
Attachment I
WIOA Operating Guidance TEGL References
• WIOA (Pub. L. 113-128) Title I;
• TEGL No. 19-14, Vision for the Workforce System and Initial Implementation of the
Workforce Innovation and Opportunity Act;
• WIA (Pub. L. 105-220), Title I; and
• TEGL No. 27-14 and TEGL 27-14, Change 1, Workforce Innovation and Opportunity Act
Transition Authority for Immediate Implementation of Governance Provisions.
Attachment 2
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_41-14_Attachment_II.pdf
Attachment II
Eligible Training Provider “Quick Reference Guide”
Initial To become When: Duration: Criteria:
Eligibility eligible:
Procedures must One year. Governor must
Applies to: Must apply be in place no require providers
for initial later than 12 The period of seeking initial
Training eligibility months after initial eligibility eligibility to
providers that according to enactment. is one year. These provide
were not the Providers may providers are information, as
eligible under Governor’s apply for initial subject to described at
sec 122 of either procedures. eligibility any Governor’s Section 6a.
WIA or WIOA time after July procedure for
(except for 22, 2015. continued
Registered eligibility in order
Apprenticeship to maintain
programs). eligibility beyond
one year.
Continued To remain When: Duration: Criteria:
Eligibility eligible:
The transitional Two years. The Governor’s
Applies to: In order to period extends to procedure takes
continue to be December 31, The Governor’s into account 10
WIA-eligible eligible under 2015 or to an procedure must required factors
training WIOA, earlier date provide for and any other
providers after providers are determined by review and factors the
transition period subject to the Governor. renewal of Governor
ends. Governor’s eligibility at least considers
continued The Governor’s every two years. appropriate.
Also, applies to procedure for
eligibility
initially-eligible continued Required criteria
application
providers under eligibility must are described in
procedure and
WIOA in order be implemented this guidance at
criteria.
to maintain in a timely way Section 6b.
eligibility after Eligible so that provider
the period of providers are eligibility is
initial eligibility subject to established by
expires after one review and the end of the
year. renewal of transition period
eligibility at or initial
least every eligibility period
two years. for these
providers.
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