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If a training program is removed from the Eligible Training Programs List (ETPL), but the institution has not committed a substantial violation, DWD-DET allows local WDBs and their service providers to use Individual Training Accounts (ITAs) to continue to fund participants who enrolled in the program prior to the program's removal from the ETPL.1 However, local WDBs cannot establish new ITAs for programs that have been removed from the ETPL.2
If a program is removed from the ETPL due to the institution committing a substantial violation , local WDBs and their service providers are prohibited from making any further payments to the institution through ITAs. DWD-DET will take action to reclaim all ITA funds paid to the institution during the period of noncompliance.3 Additionally, DWD-DET will identify any current participants with an open training service in that program and promptly notify the participant's career planner and the local WDB director about the substantial violation. The career planner must offer the participant both of the following choices:
to continue the program without WIOA Title I training funds; or
use the ETPL to identify and select a comparable program at a different institution and continue training in the comparable program.
Local WDBs may wish to address in their ITA policies how they will handle situations where participants must select a comparable program at a different institution. For example, they may allow exceptions to any ITA-related funding and duration limitations.
Note: Since fund reclamation would leave some or all of a participant's tuition/fees unpaid, participants may be liable to pay the institution the unpaid amount.
1 This applies to situations where an institution on the ETPL becomes federally debarred. Pursuant to 2 CFR § 180.310, recipients of a federal award may continue transactions with federally debarred organizations if the transaction was in existence at the time the organization became debarred. DWD-DET interprets this provision to allow use of ITAs to fund training programs at federally debarred institutions, so long as the participant was enrolled in the program before the institution was debarred. DWD-DET agrees with DOL's statement in TEGL 41-14, p. 12, that ETPL program removal should result in minimal disruption to enrolled participants.
22 CFR § 180.320; 20 CFR § § 680.480(b), 683.200(d), & 683.250(a)(4). DWD-DET allows local WDBs that use an ITA to make incremental payments for a training program to make all of the payments so that the participant can complete the program.
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