(a) For postsecondary educational institutions that are eligible to
receive assistance under title IV of the Higher Education Act, and that
provide a program that leads to an associate or baccalaureate degree or
certificate, and for entities carrying out apprenticeship programs
registered under the National Apprenticeship Act to be initially
eligible to receive adult or dislocated worker training funds under
title I of WIA, the institution or entity must submit an application to
the Local Board(s) for the local area(s) in which the provider desires
to provide training services that describes each program of training
services, as defined in Sec. 663.508, that leads to such a degree or
certificate or is registered under the National Apprenticeship Act.
(b) Local Boards determine the procedures to use in making an
application under paragraph (a) of this section. The Local Board
procedures must specify the timing, manner, and contents of the
required application.
(c) For other providers,
(1) The Governor must develop a procedure for use by Local Boards
for determining the eligibility of other providers, after
(i) Soliciting and taking into consideration recommendations from
Local Boards and providers of training services within the State; and
(ii) Providing an opportunity for interested members of the public,
including representatives of business and labor organizations, to
submit comments on the procedure.
(2) The procedure must be described in the State Plan.
(3)(i) The procedure must require that the provider must submit an
application to the Local Board at such time and in such manner as may
be required, which contains a description of the program of training
services;
(ii) If the provider provides a program of training services on the
date of application, the procedure must require that the application
include an appropriate portion of the performance information and
program cost information described in Sec. 663.540 of this subpart, and
that the program meet appropriate levels of performance;
(iii) If the provider does not provide a program of training
services on that date, the procedure must require that the provider
meet appropriate requirements specified in the procedure. (WIA section
122(b)(2)(D).)
(4) Programs of training services provided by postsecondary
educational institutions that do not lead to an associate or
baccalaureate degree or certificate and apprenticeship programs that
are not registered under the National Apprenticeship Act must be
determined initially eligible under the provisions of this paragraph
(c).
(d) The Local Board must include providers that meet the
requirements of paragraphs (a) and (c) of this section on a local list
and submit the list to the designated State agency. The State agency
has 30 days to verify the information relating to the providers under
paragraph (c) of this section. After the agency verifies that the
provider meets the criteria for initial eligibility, or 30 days have
elapsed, whichever occurs first, the provider is initially eligible as
a provider of training services. The providers submitted under
paragraph (a) of this section are initially eligible without State
agency review. (WIA section 122(e).)
