Iowa Admin. Code r. 877-7.16

Current through Register Vol. 47, No. 6, September 18, 2024
Rule 877-7.16 - Certification of training providers
(1) Eligible training providers. Eligible training providers include:
a. Postsecondary educational institutions that are eligible to receive funds under Title IV of the Higher Education Act of 1965 and provide a program that leads to an associate degree, baccalaureate degree or certificate;
b. Entities that carry out programs under the National Apprenticeship Act; and
c. Other public or private providers of a program of training services.
(2) Training programs. A program of training services is one or more courses or classes that, upon successful completion, lead to a certificate, an associate degree, or baccalaureate degree; or a competency or skill recognized by employers; or a training regimen that provides individuals with additional skills or competencies generally recognized by employers.
(3) Certification process. An application for each training program must be submitted to the regional workforce investment board in the region in which the training provider desires its program to be approved. Each program of training services must be described, including appropriate performance and cost information. Training providers shall be approved, initially, as well as subsequently, by regional workforce investment boards in partnership with the department.
(4) Regional workforce investment board role. The regional workforce investment board shall be responsible for:
a. Accepting applications from postsecondary educational institutions, entities providing apprenticeship programs, and public and private providers for initial and subsequent approval.
b. Submitting to the department the local list of approved providers, including performance and cost information for each program.
c. Ensuring dissemination of the statewide list to participants in employment and training activities through the regional workforce development center system.
d. Consulting with the department in cases where approved providers shall have their approval revoked because inaccurate information has been provided.
e. Notifying all known providers of training in their region regarding the process and time line for accepting applications.
(5) Department role. The department shall be responsible for:
a. Establishing initial approval criteria as well as setting minimum levels of performance for public and private providers;
b. Setting minimum levels of performance measures for all providers to remain subsequently approved;
c. Developing and maintaining the state list of eligible training providers, which is compiled from information submitted by the regional workforce investment boards;
d. Verifying the accuracy of the information on the state list;
e. Removing training providers who do not meet program performance levels;
f.Disapproving training providers who provide inaccurate information; and
g. Disapproving training providers who violate any provision of the Workforce Investment Act.
(6) Initial provider approval. Upon completion of the application, initial approval shall be granted to:
a. Postsecondary educational institutions that are eligible to receive funds under Title IV of the Higher Education Act of 1965 and provide a program that leads to an associate or baccalaureate degree, certificate, or diploma; and
b. Entities that carry out apprenticeship programs registered under the National Apprenticeship Act.
c. Other public and private providers of training services that currently provide a training program shall be required to submit additional information to the regional workforce investment board in the region in which they desire to provide training services.

The department shall accept documentation from the appropriate certification body for postsecondary educational institutions that are eligible to receive funds under Title IV and National Apprenticeship programs, who do not provide a program of training services at the time of application.

(7) Other public and private providers of training services that currently do not provide a program of training services at the time of application must:
a. Document the need for the training based on specific employer needs in the region; and
b. Develop a training curriculum with the agreement of local employers.

Once the training provider's program is approved, the training provider shall be included on a statewide list that will be available to customers seeking training services.

(8) To be eligible effective July 1, 2000, interested training providers must submit their applications to the regional workforce investment board in their region. The application date shall be established by each regional workforce investment board. All approved applications must be submitted to the department by May 31, 2000. The department has 30 days from the receipt of the regionally approved applications to review and verify the information provided. Initial approval for all training providers shall be effective until November 30, 2001.
(9) If a training provider has been determined to be initially eligible and desires to continue its eligibility, it must submit performance information to the regional workforce investment board and meet performance levels annually.
(10) Each regional workforce investment board shall maintain a list of all approved training providers, including providers for on-the-job and customized training in the region, and make the list available statewide. The regional workforce investment board shall submit all approved applications to the department after the applications are received locally. The department shall be responsible for maintaining the statewide list of all approved training providers. The list will be updated at least annually or as needed and made available to participants in employment and training activities and others through the regional workforce development center system. The regional workforce investment board has the responsibility of notifying all known providers of training in the board's region regarding the process and time line for accepting applications. The department may approve training providers from other neighboring states when requested.
(11) Application process for initial approval.
a. Postsecondary educational institutions that are eligible to receive funds under Title IV of the Higher Education Act of 1965 and entities that carry out programs under the National Apprenticeship Act must submit an application as required by the regional workforce investment board. The regional workforce investment board may develop its own application procedures or adopt the procedure developed by the department for other public and private training providers.
b. Other public or private providers of a program of training services shall be required to complete and submit an application to the regional workforce investment board in each region as specified below. The application requires identifying information on the training provider and enrollment periods, as well as the following information:
(1) The name and description of the training program(s) to be offered.
(2) The cost of each training program (tuition; books; supplies, including tools; uniforms; fees, including laboratory; rentals, deposits and other miscellaneous charges) to complete a certificate or degree program or an employer-identified competency skill.
(3) A description of the facility and organization of the school.
c. Program completion rate for all individuals participating in the applicable program conducted by the provider. A program completer is a person who has obtained a certificate, degree, or diploma; or received credit for taking the program; or received a passing grade in the program; or finished the required curriculum of the program.
d. Percentage of all students in the program who obtained unsubsidized employment.
e. Average wages of all students in unsubsidized employment.

For initial approval, the regional workforce investment board may require additional information.

(12) Required information for subsequent approval. To remain an approved training provider, all training providers must have their performance information reviewed by the regional workforce investment board on an annual basis. The required performance information for subsequent approval includes the following information:
a. Program completion rate for all individuals participating in the applicable program conducted by the provider.
b. Percentage of all students who obtained unsubsidized employment.
c. Average wages of all students who obtained unsubsidized employment. (If a training provider is using the unemployment insurance database to calculate wages, the average starting wage will be calculated by a national Department of Labor formula that converts quarterly unemployment insurance wages into an hourly rate.)
d. Where applicable, the rates of licensure or certification, attainment of academic degrees or equivalents, or attainment of other measures of skill of the graduates of the training program.
e. Percentage of WIA participants who obtained unsubsidized employment.
f. Percentage of WIA participants who have completed the training program and who are placed in unsubsidized employment.
g. Retention rates in unsubsidized employment, six months after the first day of employment, of WIA participants who have completed the training program.
h. Average wages, six months after the first day of employment, received by WIA participants who have completed the training program.
i. Average actual cost of training, including tuition, fees, and books, for WIA participants to complete the training program.

The department shall publish, on an annual basis, guidelines on acceptable performance measures for training providers.

(13) Nonapproval. The department, in consultation with the regional workforce investment board, determines whether or not to approve a training provider. If the regional workforce investment board determines that the training provider does not meet the established performance levels, a written recommendation shall be sent to the division administrator of the division of workforce development center administration. The division administrator shall make a determination whether the training provider is disapproved and removed from the list. Regional workforce investment boards and the department must take into consideration the following factors when determining subsequent approval:
a. The specific economic, geographic, and demographic factors in the region in which the training providers seeking approval are located; and
b. Characteristics of the populations served by the training providers seeking approval, including difficulties in serving such populations, where applicable.

If it is determined that an eligible provider or an individual supplying information on behalf of the provider intentionally supplies inaccurate information, the department shall terminate the approval of the training provider for a minimum of two years. If either the regional workforce investment board or the department determines that an eligible provider substantially violates any requirement under the Act, it may terminate approval to receive funds for the program involved or take other such action as determined to be appropriate. A provider whose approval is terminated under any of these conditions is liable to repay all WIA training funds it received during the period of noncompliance.

(14) Appeal process. If a training provider has been determined to be ineligible by failing to meet performance levels, intentionally supplying inaccurate information, or violating any provision of the Act, it has the right to appeal the denial of approval to the department. The training provider shall follow appeal procedures as defined in 7.24(13).

Iowa Admin. Code r. 877-7.16