TEGL_13-16_Change-1.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION WIOA CORRESPONDENCE SYMBOL OWI-DASG DATE May 17 2021 ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 13-16 TO FROM CHANGE 1 STATE WORKFORCE AGENCIES STATE WORKFORCE ADMINISTRATORS STATE WORKFORCE LIAISONS STATE AND LOCAL WORKFORCE BOARD CHAIRS AND DIRECTORS STATE LABOR COMMISSIONERS STATE APPRENTICESHIP AGENCIES STATE DIRECTORS OF THE OFFICE OF APPRENTICESHIP DISABLED VETERANS OUTREACH PROGRAM REPRESENTATIVES LOCAL VETERANS EMPLOYMENT REPRESENTATIVES SUZAN G. LEVINE Principal Deputy Assistant Secretary SUBJECT Guidance on Registered Apprenticeship Provisions and Opportunities in the Workforce Innovation and Opportunity Act WIOA . 1.Purpose. This Training and Employment Guidance Letter TEGL Change 1 provides clarification on Registered Apprenticeship Programs RAPs as WIOA Title I Eligible Training Providers ETP . 2.Action Requested. States should review and if necessary update current policies pertaining to RAPs and ETPs. States should also review and update procedural requirements associated with placing ETPs on ETP lists as appropriate. 3.Summary Background and Clarifications. a.Summary This guidance clarifies several misconceptions regarding RAPs and ETms to ensure apprenticeship continues to grow as an employment opportunity for jobseekers and a talent solution for businesses. b.Background The Employment and Training Administration ETA published TEGi No. 13-16 in January 2017 and TEGL No. 08-19 in January 2020. This Change 1 updates information on WIOA provisions related to Registered Apprenticeship found in TEGL No. 1P-16 and ETP provisions related to Registered Apprenticeship found in TEGL No. 08-19. A similar Change 1 is being made to TEGL No. 08-19. RESCISSIONS EXPIRATION DATE None Continuing 2 ETA s review of policies within WIOA State Plans m onitoring reviews and technical assistance with the public workforce system and apprenticeship -related grants have revealed a few areas of confusion relating to TEGL No. 13 -16 and TEGL No. 08 -19 which this guida nce aims to address . Additional resources on apprenticeship are available at https www.apprenticeship.gov resource -hub and https apprenticeship.workforcegps.org . 4. Clarifications This guidance clarifies some of the areas that are commonly misunderstood to assist states in achieving an effective efficient and compliant public workforce system . This TEGL does not change any of the existing guidance in TEGL No. 13 -16 but does add the following clarifications relating to RAPs and ETP lists a. RAPs must opt -in to ETP lists One common area of confusion relates to RAPs automatic eligibility for inclusion on state ETP list s. Although language on the bottom of page 4 of TEGL No. 13 -16 states that WIOA automatically includes Registered Apprenticeship programs on state Eligible Training Provider Lists ETPL this statement on its own lea ves out the important context provided later on page 5 of TEGL No. 13 -16 that this is in reference to the automatic eligibility for placement on state -approved ETP lists consistent with Section 680.470 of the WIOA regulations . Not all RAP sponsors are currently hiring new apprentices and thus may not want to opt -in as an ETP despite automatic eligibili ty. Also employers that are RAP sponsors may be reluctant to coordinate with the public workforce system when they do not understand the benefits of doing so . It remains important for states to communicate the benefits of ETP list placement to current and ne w sponsors. b. RAPs that have opted in to State ETP lists must be on all Local ETP lists in the State An other area of confusion relates to the placement of RAPs on local ETP lists . TEGL 13 -16 states on page 8 The expectation is that Registered Apprenticeship programs will be included on statewide lists of ETPs through a minimally burdensome process that includes the State Director of Apprenticeship as well as any and all local lists of ETPs. This was furthe r clarified with a visual depiction in Attachment I page I -6 of TEGL No. 08-19 emphasizing that all programs added to state lists must also be added to all local lists in that state . Any local ETP list where they exist must be a subset of the statewide ETP list. All RAPs on a statewide ETP list must also be located on all local ETP lists in the state . c. National Program RAPs do not need to register as an apprenticeship program in individual states for ETP list access Monitoring and technica l assistance has revealed that many states incorrectly requir e National Program RAP sponsors 1 to register their apprenticeship program in the 1 Many national employers and employer associations operating in multiple states register their apprenticeship program s with a set of National Program Standards that are used by the program in every state and or locality where the program operates. Th ese National Program Standards are centrally managed usually where the company is headquartered and these programs are 3 particular state to qualify for automatic eligib ility for inclusion on the ETP list . However National Program RAPs are automatically eligible for placement on statewide ETP lists where they have operations. States cannot require National Program RAPs to also register their program in a particular state in order to gain inclusion on the ETP list in that state. Unlike the process for in-state RAPs in the case of National Program RAPs a representative from the RAP or from ETA s Office of Apprenticeship w ill initiate contact with the state in which the RAP is seeking ETP list inclusion . In cases where the provid er of the Related Technical Instruction component for a National Program RAP has on -line instruction available in numerous states or across all states that National Program RAP may request inclusion on all state ETP list s where instruction is available and for which it desire s ETP list placement. d. RAPs always provid e training in a n in-demand occupation Some states have expressed concern relate d to the eligibility of RAPs to receive WIOA training funds due to the requirement that ETPs must provide training that is connected to in-demand industry sectors and occupations consistent with Section 134 c of WIOA. Given that RAPS are a link to demonstrated hiring needs and WIOA provides automatic training provider eligibility to RAPS ETA has determined that RAPs qualify as occupations in -demand in the local labor market. TEGL No. 08- 19 notes on Attachment I page I -9 that States may also give priority to ETPs that have established relationships with employers that are looking to hire . ETA strongly recommends that state ETP policies reflect th at RAPs reflect in-demand occupations . Local program operators should not spend time determining occupational -demand status for RAP sponsors that are hiring. e. Add n ew RAPs to the ETP list in a timely manner One final area of clarification relates to the formal process by which RAPs opt -in to the state ETP lists. TEGL No. 08-19 notes in Attachment II page II -2 that The state must establish a minimally burdensome mechanism for adding Registered Apprenticeshi p programs RAPs to the Eligible Training Provider list and verifying registration status at least every two years. This verification period every two years is a minimum. TEGL No. 13 -16 on page 7 states data collection on new Registered Apprenticeship programs should be added on a timely basis at least semi - annually. ETA strongly encourages states to review ETP lists and add any new RAPs at least every six months and states may add new RAPs to an ETP list at any time. States do not ne ed to w ait two years to verify registration status or to refresh their ETP lists. 5. Inquiries . Please direct inquiries to the appropriate Regional Office. generally registered by and serviced in the Employment and Training Administration s Office of Apprenticeship ETA OA National Office not in individual states. As is the case with all RAPs all apprenticeship programs registered u sing National Program Standards are automatically eligible for placement on State and local ETP lists where they have apprentices. 4 6. References . a. TEGL No. 13 -16 Guidance on Registered Apprenticeship Provisions and Opportunities in the Workforce Innovation and Opportunity Act WIOA . b. TEGL No. 08-19 Workforce Innovation and Opportunity Act WIOA Title I Training Provider Eligibility and State List of Eligible Training Providers ETPs and Programs. 7. Attachment s . N A