GENERAL PROVISIONS



WORKFORCE INNOVATION AND OPPORTUNITY ACT

ELIGIBLE TRAINING PROVIDER AGREEMENT AND

GENERAL PROVISIONS

1. Purpose. The Workforce Investment Act (WIA) of 1998 required the establishment of the Eligible Training Provider List (ETPL) to ensure informed customer choice, performance accountability and continuous improvement. The Workforce Innovation and Opportunity Act (WIOA) of 2014 expands the WIA requirements by increasing accountability and transparency through reporting and biennial review. WIOA requires that the Wyoming Workforce Development Council (WWDC), on behalf of the Governor, establish criteria and procedures regarding the eligibility of training providers to receive WIOA funds for the provision of training services.

The purpose of this document is to provide training providers with the policies, procedures, and information to become an Eligible Training Provider. Only providers and programs that meet specific criteria will be listed on the Eligible Training Provider List for Wyoming, and eligible to provide training to WIOA funded enrollees.

2. Background. Although the list is called the Eligible Training Provider List, it is in fact the programs of the providers that qualify for eligibility. A training provider can have both eligible and ineligible programs.

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.

Guidance for the procedures used to determine the eligibility of training providers and their programs is found in Section 122 of the WIOA. This section requires the Governor and the WWDC to establish the procedures to be used by the WWDC and the Department of Workforce Services (DWS), Employment and Training Division (the Division) in determining eligibility.

3. Identification of Eligible Providers. In order to be eligible to receive WIOA funds for the provision of training services, a provider shall be:

A. An institution of higher education that provides a program that leads to a recognized postsecondary credential.

B. A provider that reports data of performance for all individuals, which includes both WIOA and non-WIOA students, in the approved program of study for both WIOA and non-WIOA students.

C. An entity that carries out programs registered under the National Apprenticeship Act of August 16, 1937.

D. A public or private provider of a training program, which may include joint labor-management organizations, and eligible providers of adult education and literacy activities, in combination with occupational skills training.

4. Training Provider Eligibility. The requirements to become an eligible provider of training services apply to all organizations with the exception of Registered Apprenticeship programs. Eligibility requirements include:

A. The training provider must operate in a competitive environment.

i) There must be an established catalog or market price for each offered program.

ii) Training programs must be provided within normal business operations.

iii) Training programs must have published/stated duration, hours, and schedules.

B. The training provider must be current on Unemployment Insurance payments and Worker’s Compensation coverage.

C. The training provider is subject to the Equal Opportunity and Nondiscrimination requirements found in Section 188 of WIOA, which prohibit discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, political affiliation or belief, or, for beneficiaries, applicants, and participants only, on the basis of citizenship status or participation in a WIOA Title-I financially assisted program or activity. WWDC must ensure that a training provider is in compliance prior to approving the training provider to be on the ETPL.

D. The training provider must be on the active ETPL for their home state, if located outside of Wyoming.

E. The training provider must collect performance data by the program of study for WIOA and non-WIOA participants.

5. Registered Apprenticeships. Under WIOA title I-B, Registered Apprenticeship program sponsors that request to be on the ETPL are automatically included, 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.

Registered Apprenticeship programs are not subject to the same application and performance information requirements or to a period of initial eligibility or initial procedures as other providers because they go through a detailed application and vetting procedure with the United States Department of Labor (USDOL), Office of Apprenticeship.

A Registered Apprenticeship program shall be added to the ETPL once basic contact and program-related information are provided, either by the sponsor directly or through the Wyoming State Director of the USDOL Office of Apprenticeship. The information must include:

A. occupations included in the Registered Apprenticeship program,

B. name and address of the program sponsor,

C. name and address of the Related Technical Instruction provider,

D. the method and length of the instruction,

E. the number of active apprentices,

F. the Apprenticeship registration date, and

G. a description of the Registered Apprenticeship program.

The status of all Registered Apprenticeship programs will be verified every two years through a partnership with the USDOL Office of Apprenticeship in Cheyenne, Wyoming. Any Registered Apprenticeship programs that have been either voluntarily or involuntarily deregistered, will be removed from the Wyoming ETPL.

Performance information for Registered Apprenticeship programs, is voluntary. Any information received, must be included in the ETP Performance Reports. In addition, outcomes for WIOA participants enrolled in Registered Apprenticeship programs will be reports in the local and state performance reports.

6. Training Provider Initial Eligibility. Initial eligibility for all new training providers under WIOA begins July 1, 2015. New providers may seek initial eligibility by contacting DWS and requesting an application packet. If approved by the WWDC, the provider will remain eligible and listed on the ETPL for only one (1) calendar year for a particular program. After the first year, if the provider meets subsequent eligibility requirements, continued approval will be reviewed annually thereafter. The criteria and information requirements established by the WWDC require that a provider and/or program not previously eligible under this section provide verifiable information pertaining to:

A. A description of each program of training service to be offered, including costs associated with the training program.

B. The training program must be for occupations in in-demand industry sectors identified by the state, region, or Local Board. In-demand or priority industry sector information must be verified with the State Board and/or Local Board. *Registered Apprenticeship programs are automatically considered “in-demand” occupations.

C. The training program must result in the awarding of an industry-recognized credential, national or state certificate, or degree, including all industry appropriate competencies, licensing and/or certification requirements.

D. A description of any business partnerships.

E. Program-specific performance information as outlined in the initial eligibility application document.

7. Training Provider Continued Eligibility. Training programs which have been approved for continued inclusion on the ETPL may be funded under this agreement. To be approved for continued inclusion, the program must meet the following minimum criteria:

A. The training program(s) must be related to a demand occupation.

i) Exception: In instances where the training programs do not relate to an in-demand occupation, the training provider must demonstrate an employer need for trainees.

B. If the training provider does not meet the criteria of an Institution of Higher Education as defined by the Higher Education Act, the training program(s) must be available and sold in substantial quantities to the general public.

C. The training provider must submit to the Division specified performance-based information relating to student outcomes in each training program offered by the training provider. The training provider must provide the following performance information annually, for each program, for all individuals participating, which includes WIOA and non-WIOA participants.

The performance criteria include:

For WIOA participants receiving training from an ETP:

1) The total number of participants who received training services through a WIOA program

2) The total number of participants who exited from training services

3) The average cost per participant for the participants who received training services

4) The number of participants with barriers to employment served by WIOA program

For all individuals receiving training provided by an ETP:

1) The levels of performance achieved for all individuals engaging in the program of study, specifically:

a. The percentage of individuals who are in unsubsidized employment during the 2nd quarter after exit from the program;

b. The percentage of individuals who are in unsubsidized employment during the 4th quarter after exit from the program;

c. The median earnings of individuals who are in unsubsidized employment during the 2nd quarter after exit from the program; and

d. The percentage of individuals who obtain a recognized postsecondary credential, or secondary school diploma or its recognized equivalent; during participation in or within 1 year after exit from the program.

2) The total number of individuals exiting from the program of study.

The above performance measures will be included in the ETPL and, along with other program information, made available to the public.

For purposes of this agreement, all individuals participating will include both WIOA funded students and non-WIOA funded students that were enrolled in the approved training program. Unsubsidized employment refers to employment not supported by state or federal funds. Placement in employment is defined as the participants’ employment immediately after completion of training.

Reporting by Program of Study

Providers are responsible for reporting these data elements to the state:

• The name of the provider;

• The description of the training provided;

• The address of the provider;

• The type of entity;

• The name;

• Description of the training program;

• The URL of the training program;

• The program of study by potential outcome;

• The name of the associated credential;

• The program of study’s classification of instructional programs (CIP) codes;

• Costs related information for non-WIOA participants;

• Program length;

• Program pre-requisites; and

• Program format

Reporting on Non-WIOA Program Participants

WIOA section 116(d)(4) requires that ETPs provide the necessary information to the state on all individuals being served in the approved program of study so that the state may submit required information for annual reporting purposes.

The reporting elements include:

• The number of individuals served;

• The number exited (includes students who completed, withdrew or transferred out of the program);

• The number who completed the program;

• The number of exiters employed in the 2nd quarter after exit;

• The number of exiters employed in the 4th quarter after exit;

• Median earnings of exiters in the 2nd quarter after exit;

• Number of exiters who attained a credential duriug participation or within 1 year after exit;

• Average earnings in the 2nd quarter after exit, and

• Average earnings in the 4th quarter after exit.

*Performance information will be collected based on the Family Educational Rights and Privacy Act (FERPA) guidelines.

8. 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 for false reporting, for substantially violating a provision of title I of WIOA, or for failure to meet required performance outcomes. A training provider may also be removed from the ETPL if the provider in question has not been utilized for WIOA funded training within the last five (5) years. A provider that has been removed from the ETPL can reapply for inclusion on the ETPL at any time, or may appeal the decision following the appeal procedures listed below.

9. Training Provider Appeal Procedures. Any training provider not satisfied with the decisions made by the WWDC or the Division has the right of appeal. An appeal may be lodged by:

A. Submission of a written appeal to the Division’s Program Manager who may:

i) Attempt an informal resolution within fifteen (15) calendar days of receipt of the written appeal.

ii) Review the written appeal with the WWDC WIOA Compliance and Finance Committee where a final decision will be determined within forty-five (45) days of receipt of written appeal.

iii) And finally if a decision is not agreed upon, the training provider may request a formal hearing consisting of the WIOA Program Manager, a representative from the DWS Office of the Director, and a representative from the WWDC Executive Committee which may include the Chairman, Vice Chairman, or Committee Chair. Said hearing shall be within forty-five (45) days of receipt of the written hearing request. This impartial hearing committee’s decision will be final.

10. Use of the Eligible Training Provider List. The list of Eligible Training Providers and training programs is disseminated statewide to Workforce Centers to assist WIOA participants in making informed choices regarding training opportunities. This list is also made available to the public through the management information system. The list will contain the training cost information and performance-based information described above in section C (although Registered Apprenticeship programs are exempted from this requirement).

Prior to issuance of any reimbursement to the training provider, a participant must be enrolled in the WIOA program and fully accepted into the requested training program, without conditions or provisions.

11. Approved Course of Study. The training provider agrees to provide classroom instruction only in the course of study and to the extent approved by the WWDC and the Division. The training provider shall be notified of a participant’s choice of an approved course or program by means of an Individual Training Agreement (ITA). The WWDC and the Division shall bear no financial obligation for training outside of this agreement.

12. Reimbursement for Training Costs. The training provider will submit an invoice to the Division for tuition, fees, required books, and training materials as described in the ITA. A voucher will then be completed and submitted to the DWS Fiscal Division for payment processing. The total reimbursement shall not exceed the authorized amounts stated in the ITA and shall be consistent with the training provider’s published policies pertaining to tuition, fees, and refunds. Amounts owed for training above and beyond the amount authorized in the ITA shall be the responsibility of the participant.

If there are changes to the training provider’s published policy pertaining to tuition, fees and refunds, the training provider will notify the Division within thirty (30) days of the change being implemented.

13. Calculation of Tuition and Fees Refund. Payment is issued to specifically reimburse tuition, required books, supplies, and training materials. If the participant drops classes, which results in a reduction of tuition or fees paid, the refunded monies will be used to repay tuition and fees paid by the Division before any refund is made to the student or other financial aid awards.

14. Coordination of Financial Aid. Funding for payments issued to a training provider is WIOA funding. WIOA is a federally funded program that can pay only tuition, required books, supplies, and training materials that are necessary for the participant to complete approved training. The training provider shall fully disclose to the Division any additional funding sources being used by each participant to pay for any portion of the training provided by the training provider. The training provider agrees that funds received from the Division will not be used to pay for the same services as those provided under Pell Grants or any other financial aid. The training provider further agrees that any WIOA payments found to have been duplicated from other sources will be disallowed costs. The training provider will be responsible for repayment of disallowed costs to the Division.

15. Participant Release of Information. A signed copy of the participant’s ITA remains on file, authorizing release of information to the Division. This information may include achievement records, course of study, class schedule, credentials, course drafts, and other pertinent information the institution compiles concerning the participants who are selected by the Division. Copies of this information will be provided to the Division, the WWDC, USDOL, and the State of Wyoming upon request. Pursuant to the WIOA, state and federal regulations require that access be granted to the U.S. Controller General, Secretary of Labor, and/or designated agents. Any information provided by the training provider will remain confidential and will only be released as allowed by law.

16. Training Progress. Subsequent reimbursement payments for each participant is contingent upon the participant’s satisfactory progress in training. The participant’s progress in training shall be determined by authorized representatives of the training provider and according to course requirements. The training provider agrees to report to the Division as soon as they become aware of unsatisfactory program participation or if any participant drops a class after the school term begins.

17. Training Discontinuances. The Division maintains the right to officially drop a participant from the training program or any part of a training program funded by the Division if it determines that this action is in the best interest of the Division or the participant. The training provider shall be notified in writing of the decision, the effective date, and the reason for termination. The Division also recognizes the training provider’s right to refuse service to a participant who has failed to abide by the written policies and rules of the training provider. The training provider shall notify the Division in writing of its decision not to serve a participant, as well as the effective date and reason for termination of service.

18. Equal Opportunity. The training provider agrees that it will not in any way discriminate against, deny benefits to, deny employment to, or exclude any individuals from training or employment on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in programs funded under this agreement. In addition, the training provider attests that their facility is architecturally and programmatically accessible.

19. Modification. Either party may request changes to this agreement. Any changes, modifications, revisions, or amendments to this agreement which are mutually agreed upon by and between the parties to this agreement shall be incorporated by written instrument, executed and signed by all parties to this agreement. Changes in training provider ownership will necessitate a new ETPL application and approval process. The training provider will notify the Division within thirty (30) days of new ownership.

20. Availability of Funds. Each payment obligation of the Division is conditioned upon the availability of WIOA funds which are appropriated or allocated for the payment of this obligation. If funds are not allocated and available for continued performance of the ITA, the ITA may be terminated by the Division at the end of the period for which the funds are available. The Division shall notify the training provider at the earliest possible time of the services which will or may be affected by a shortage of funds. No penalty shall accrue to the Division in the event this provision is exercised, and the Division shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed to permit the Division to terminate the ITA to acquire similar services from another party.

21. Sovereign Immunity. The State of Wyoming and Agency do not waive sovereign immunity by entering into this Contract and specifically retain all immunities and defenses available to them as sovereigns pursuant to Wyo. Stat. § 1-39-104(a) and all other applicable law. Designations of venue, choice of law, enforcement actions, and similar provisions should not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Contract shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

22. Applicable Law/Venue. The construction, interpretation, and enforcement of this Contract shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties. The venue shall be the First Judicial District, Laramie County, Wyoming.

23. Indemnification. The Contractor shall release, indemnify and hold harmless the State, the Agency, and their officers, agents, employees, successors, and assignees from any and all claims, lawsuits, losses, and liability arising out of Contractor’s failure to perform any of Contractor’s duties and obligations hereunder or in connection with the negligent performance of Contractor’s duties or obligations, including but not limited to any claims, lawsuits, losses, or liability arising out of Contractor’s malpractice or malfeasance.

24. Termination for Cause. The training provider agrees that the WWDC and the Division may terminate this agreement when it has been determined that the training provider has failed to provide any of the services that are specified, comply with any of the provisions contained in this agreement, or comply with the WIOA or regulations promulgated from the WIOA. If the training provider fails to perform in whole or in part under this agreement, fails to provide sufficient services so as to endanger performance, the Division will notify the training provider of such unsatisfactory performance in writing. The training provider will have ten (10) working days in which to respond with a plan agreeable to the WWDC and the Division for correction of any deficiencies. If the training provider does not respond within the specified time limit with appropriate plans, the Division shall serve a termination notice to the training provider, which shall become effective upon receipt. In the event of such termination, the Division shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this agreement.

|STATE OF WYOMING |The State[pic]of Wyoming |

|ELIGIBLE TRAINING PROVIDER AGREEMENT | |

|SIGNATURE SHEET | |

|Please Complete ALL Shaded Areas |

|TRAINING PROVIDER LEGAL BUSINESS NAME: |DIVISION (Name/Address) |

|      | |

| |Department of Workforce Services |

|Doing Business As:       |Division of Employment & Training |

| |5221 Yellowstone Rd |

|Physical Address:       |Cheyenne, WY 82009 |

| | |

| | |

|Mailing/Billing Address:       | |

| | |

| | |

|Telephone Number:       | |

| |TRAINING PROVIDER |

| |FEDERAL TAX ID NUMBER: |

| | |

| |      |

|TRAINING PROVIDER ORGANIZATION TYPE: |

| | |Corporation | |Sole Proprietorship (If sole proprietorship, provide owner’s name) |

| | |Partnership | |____________________________________________________ |

| | |Governmental Entity | |Other |

|AGREEMENT STATEMENT: |

|This Agreement is entered into by the State of Wyoming, Department of Workforce Services, Employment & Training Division, hereinafter referred to as the |

|Division and ___________________________________________, hereinafter referred to as the Training Provider. The Training Provider agrees to provide |

|services and activities in accordance with the provisions of this Agreement. This Agreement consisting of this Signature Sheet, and the attached General |

|Provisions represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, |

|whether written or oral. |

|TERM OF AGREEMENT AND REQUIRED APPROVALS: |

|This Agreement is effective when all parties have executed it and all required approvals have been granted. The term of the Agreement is from the execution|

|date until such time as either party deems it necessary to terminate said Agreement. |

|SIGNATURES: In witness thereof, the parties to this Agreement, through their duly authorized representatives, have executed this Agreement on the days and |

|dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Agreement as set forth herein. |

| | |

|APPROVED FOR TRAINING PROVIDER BY: |APPROVED FOR DIVISION BY: |

| | |

|Signature |Date |Signature |Date |

| |Denise Rodriguez, WIOA Program Manager |

|Printed Name and Title |Typed Name and Title |

|Email address: | |

|APPROVED FOR THE WYOMING WORKFORCE DEVELOPMENT COUNCIL BY: |

| |

|Printed Name Title |

|Signature Date |

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