Extended WIOA training provider eligibility transition

CLASSIFICATION
      EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA
                  ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR                       OWI
                Washington, D.C. 20210                      DATE
                                                            November 24, 2015

ADVISORY:        TRAINING AND EMPLOYMENT GUIDANCE LETTER WIOA NO. 41-14,
                 Change 1 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:            GERRI FIALA /s/ for PORTIA WU
                 Assistant Secretary

SUBJECT:         Workforce Innovation and Opportunity Act (WIOA or Opportunity Act) Title I
                 Training Provider Eligibility Transition

1. Purpose. This guidance updates Training and Employment Guidance Letter (TEGL) No. 41-14,
   Workforce Innovation and Opportunity Act (WIOA or Opportunity Act) Title I Training
   Provider Eligibility Transition to extend the transition period for training providers that were
   determined eligible under the Workforce Investment Act (WIA) title I.

2. Background. 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 is vital
   to achieving these core principles. As required by WIOA Sec. 122, States, in partnership with
   Local Boards, must identify eligible training providers and programs that are qualified to receive
   WIOA title I-B funds to train adults and dislocated workers, including those with disabilities.
   The approved State list of eligible training providers and programs serves as an important tool
   for participants seeking training to identify appropriate providers and programs, and relevant
   information, such as cost and program outcomes.

   WIOA Sec. 122 (c) specifies that states must establish an application procedure for training
   providers and programs to maintain their eligibility and the eligibility of their programs. As
   described at WIOA Sec. 122(i), Governors may establish transition procedures that allow
   training providers and programs that were eligible under WIA title I to continue to be eligible
   under WIOA until December 31, 2015, or until an earlier date established by the Governor

3. Extended Eligibility Period for WIA Approved Training Providers. Exercising the
   Secretary of Labor’s transition authority under WIOA Sec. 503, the Department is permitting
   the Governor to extend the period for WIA-eligible training providers (ETPs) to remain eligible

 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

   under WIOA. Under this Change 1, the Governor’s transition procedures may allow training
   providers and programs that were eligible under the WIA title I to remain eligible under WIOA
   title I-B until June 30, 2016, or an earlier date as determined by the Governor. This one-time
   extension will provide States and eligible training providers additional time to establish and
   implement continued eligibility application procedures, and reduce potential disruption to
   participants due to changes in the State list of Eligible Training Providers and programs in the
   midst of an academic year.

4. Changes to TEGL No. 41-14. This change amends the following paragraphs of TEGL No. 41-
   14:
       • Section 6, paragraph b: Continued eligibility application procedure
       • Section 6, paragraph c: Transition opportunities for currently eligible WIA training
         providers
       • Attachment II, second row: Continued Eligibility

       In each of the above, where TEGL No. 41-14 refers to “December 31, 2015,” it is amended
       to say “June 30, 2016.”

5. Timely Implementation and Technical Assistance. The Governor’s procedure for continued
   eligibility must be implemented in a timely manner to ensure the establishment of provider
   eligibility by the end of the State’s transition period for these providers. We encourage States to
   implement as early as possible, and encourage states to utilize the Quick Start Action Planner
   and the archived webcast for developing ETP procedures. These materials are available at the
   Innovation and Opportunity Network, https://WIOA.workforce3one.org, under the “WIOA
   Action Planner” and “Resources” tabs. States should also consult Employment and Training
   Administration (ETA) regional offices for technical assistance.

6. Action Requested. States must proceed with the actions outlined in TEGL No. 41-14 and this
   Change 1.

7. Inquiries. Questions regarding this guidance should be directed to the appropriate ETA
   regional office.

                                                  2