Marcia Hultman

Cabinet Secretary

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Training Opportunities for Individuals

Information for Training Providers

 

Purpose

To provide instruction, guidance and establish criteria and procedures for organizations wishing to provide training services under the Workforce Innovation and Opportunity Act of 2014 (WIOA). The Workforce Innovation and Opportunity Act supersedes the Workforce Investment Act of 1998 (WIA).

References

Workforce Innovation and Opportunity Act (WIOA)

WIOA Final Rule

Definitions

Program Year: July 1 through June 30

Message

The Workforce Innovation and Opportunity Act (WIOA) strives to provide informed consumer choice, job driven training programs, provider performance and continuous improvement. WIOA training provider requirements increase accountability and transparency through reporting, biennial review and performance outcomes. WIOA requires the South Dakota Department of Labor and Regulation (DLR), on behalf of the Governor and in consultation with the Workforce Development Council (WDC), to establish criteria and procedures regarding the eligibility of training providers to receive WIOA Title I funds. WIOA Title I training funds are for the provision of training services directed towards high demand occupations and training programs allowing WIOA Title I participants to earn a credential within two years after beginning their studies.

Transition Process

The Department of Labor and Regulation (DLR) is transitioning to a new Management Information System (MIS) and website. Upon completion of this transition, the data submission process will be supplied to the approved training providers, including additional required data elements.

DLR Responsibilities

  • Developing, maintaining and disseminating of the official list of training providers and training programs in South Dakota for public use.
  • Ensuring programs meet the eligibility criteria and performance levels established by the State of South Dakota.
  • Removing programs that do not meet established program criteria, performance levels or fail to report required data.
  • Ensuring sufficient numbers of training providers have the expertise to assist individuals with disabilities, are available to assist adults in need of adult education and literacy activities.

Three categories of training providers subject to ETPL requirements

Providers of training services are required to be on the Eligible Training Provider List (ETPL) in order to receive WIOA Title I Adult, Dislocated Worker and Out-of-School Youth funding. Training services are provided through Individual Training Agreements (ITA). Eligible training providers allowed to receive ITAs are included in the following categories:

  • Category 1: An institution of higher education with a program resulting in a recognized post-secondary credential.
  • Category 2: An entity with programs registered under the National Apprenticeship Act.
  • Category 3: A public or private provider of a training service program, including 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.

A provider described in category 1 or category 3 must comply with these procedures to be included on the ETPL. Category 2 is exempt from eligibility and may be included and maintained on the list while the corresponding program of the provider remains a registered apprenticeship program.

Training institutions located in North Dakota, Minnesota or Nebraska on the ETPL in their respective states are eligible to receive South Dakota ITAs based on reciprocal agreements.

National Apprenticeship Programs

The State Director for Registered Apprenticeship Programs will provide contact information for new registered apprenticeships to DLR on an annual basis. These entities will then be made aware of the Eligible Training Program Form for National Apprenticeship Programs.

Initial Application Requirements

Training service programs excluded from the current ETPL must submit an initial application to DLR by Feb. 15 to be included on the list for the next program year. The initial application must provide verification of their accreditation, authorization to provide training, or education beyond secondary level in South Dakota or a curriculum outline. Initial applications must also provide verification of their nondiscrimination policy in compliance with WIOA Section 188.

Applications will be reviewed by WDC for approval during the regular board meeting held in March. By April 15 the training provider will be informed of approval or denial status, or if additional information is needed. This information will be emailed to the contact provided by the applicant on the application.

Approved programs will be listed on the ETPL and remain eligible until the end of the following program year. For continued eligibility consideration, programs must follow the requirements for continued application.

Continued Application Requirements

Training programs on the current ETPL must submit a continued application no later than April 15 for approval consideration for the following program year. DLR staff will review the data provided in Attachment A to ensure compliance with the performance requirements listed below. Decisions will be emailed to the two contacts on the application by May 31. Approved programs will be listed on the ETPL and remain eligible until the end of the following program year.

Application Process

If you are interested in including an approved training program for WIOA Title I funding on the Eligible Training Provider List, please use the Training Provider Application Packet (Adobe PDF format).Complete the application online, then print it and mail it to us at the following address:

ETPL Program
South Dakota Department of Labor and Regulation
123 W. Missouri Ave.
Pierre, SD 57501

Current Eligible Training Providers

View the current list of approved training providers.

Performance Requirements

Continued eligibility will be based on programmatic performance data. All programs eligible for a continued application must meet these minimum performance requirements:

  • Program Completion Rate: 20% of total participants entering a program must complete the program.
  • Programs with fewer than 10 students enrolled will not be included in performance data.
  • Program performance information will be included on the ETPL and in the WIOA Annual Report.

Conditions for Removal

If a training program fails to meet the minimum performance requirement for two consecutive years, or fails to provide required data or performance information, may be removed from the ETPL. Providers removed for one of these reasons, may re-apply for continued eligibility by demonstrating compliance with all requirements under WIOA law.

If a training provider supplies false performance information, misrepresents cost or services, or substantially violate requirements of WIOA law or regulations, they must be removed from the ETPL for a period of at least two years. Providers may be required to repay all WIOA Title I funds received during the period of non-compliance.

If a training provider or program of training services is removed from the ETPL while WIOA participants are enrolled, the participant may complete the program unless the provider or program has lost authorization to operate in South Dakota.

Appeal Process

If a training provider is rejected from inclusion the ETPL or terminated from eligibility, they have the option to appeal. A written request for appeal and a statement of justification, explaining why the provider should be included on the ETPL must be submitted via e-mail to DLRETPL@state.sd.us within 15 business days after notification of ineligibility or termination. Written appeals should not exceed one page.

The training provider will be contacted within 15 business days of DLR’s receipt of the appeal to schedule a hearing with the ETPL appeals board. The board will consist of a DLR Labor Program Specialist, the Workforce Training Director and a WDC member. The Board will issue a final decision within 60 business days of the date of the hearing. If denied, a program will be unable to reapply through the ETPL eligibility process for two years from the date of final notification by the ETPL Appeals Board.

Inquiries

If you have any questions or concerns regarding this issuance, please contact 605.773.5017 or email DLRETPL@state.sd.us.

Agreement/Acknowledgements

As a partner of WIOA Occupational Skills Training programs, we do ask for your cooperation when serving WIOA Title I funded students. This includes:

  • Coordinating financial aid, grants and scholarships with WIOA Title I resources and ensure WIOA Title I funds do not duplicate funds otherwise available to the participant.
  • Ensuring WIOA Title I funds are used for required tuition, fees and books only .
  • Ensuring distribution of participant funds is communicated with DLR Local Office staff.
  • Coordinating with WIOA Title I staff to create tutoring options for WIOA Title I participants who could benefit from services.
  • Ensuring compliance with federal nondiscrimination and equal opportunity provisions.
  • Ensuring compliance with the confidentiality requirements in WIOA §116(i)(3).
  • Ensuring compliance with all applicable provisions of the Americans with Disabilities Act, and make any and all reasonable accommodations to provide access and equality of services to disabled persons applying to or enrolled in any program.
  • Acknowledging if the program is approved for students to receive assistance through WIOA, the information contained in the application, including performance requirement information, will be available for the public to view on the DLR website.
  • All ETP’s are subject to the equal opportunity and nondiscrimination requirements under WIOA Section 188 and are required to attest in their applications that they will ensure compliance.
    ission may make exceptions and grant extensions for continuing education for reasons of health, military service or other reasonable cause if adequate proof is provided to the commission.