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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Withdrawn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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This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn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. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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.
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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