7.4.1 WIOA Overview

Effective date: September 2, 2019 to January 19, 2020

The State Workforce Agency, on behalf of the Governor and in consultation with the State WDB, establishes the initial eligibility application and continued eligibility procedures as well as the state's and the local WDBs' roles in carrying them out.¹ As part of this process, the State Workforce Agency must:

• solicit and consider recommendations and comments from the local WDBs and training institutions within the state;
• and
• designate a specific period of time for interested members of the public, including representatives of business and labor organizations, to submit comments.²

Program eligibility is determined on a program-by-program basis for each training institution.³ A training program is added to the state's ETPL through the initial eligibility application procedure. An institution applying to have a training program added to the ETPL must, at minimum, provide the state with a description of the training program, verifiable information that addresses a factor related to the WIOA indicators of performance, and information detailing whether the institution is in a partnership with business.⁴ Once a training program is published on the state's ETPL, it is considered eligible for local WDBs to fund through an Individual Training Account (ITA), even if the program is located outside of a WDB's local area or the state.⁵

The state uses the continued eligibility procedure to periodically review eligibility of institutions and their training programs and determine if a training program's eligibility should be renewed.⁶ Eligibility for newly added programs must be reviewed after the first year⁷ and at least every two years thereafter.⁸ WIOA requires that the continued eligibility procedure be implemented in a manner that ensures continuity of eligibility for those programs that will be renewed.⁹

For both the initial eligibility application and continued eligibility procedures, the institutions must comply with:

1. the state's information requirements, eligibility criteria and any established minimum levels of program performance¹⁰
   
   AND
2. local WDB information requirements, eligibility criteria and any additional minimum levels of program performance beyond those established by the state, for the training institution's program to be eligible for ITAs within that local WDB.¹¹

The state's eligibility procedures must be outlined in the State Plan, including the state's and the local WDBs' roles and responsibilities in receiving and reviewing institution and program applications and making eligibility determinations.¹²

Neither the state nor the local WDB has the authority to waive initial or continued eligibility requirements for an institution or program.¹³ For example, institutions of higher education cannot be granted automatic approval.

Note: Registered apprenticeship programs are generally exempt from ETPL eligibility requirements because of the extensive process they undergo to become registered.¹⁴

---

• ¹ 20 CFR §§ 680.430(a) & (b); 680.450(c) and 680.460(d); TEGL 41-14, p. 6
• ² 20 §§ 680.430(b)(2); 680.450(c)(1)-(3); and 680.460(b)(1)-(3)
• ³81 FR 56128 & 56133
• ⁴20 CFR § 680.450(e); TEGL 41-14, p. 4
• ⁵20 CFR § 680.520; TEGL 41-14, pp. 11-12
• ⁶20 CFR § 680.460; TEGL 41-14, p. 5
• ⁷WIOA Sec. 122(b)(4)(B) and 20 CFR § 680.450(g)
• ⁸20 CFR §§ 680.460(h)(1) and 680.460(i); TEGL 41-14, p. 5
• ⁹TEGL 41-14, p. 5
• ¹⁰20 CFR §§ 680.430(b)(2); 680.450(a) & (d); and 680.460(a)
• ¹¹20 CFR § 680.430(e); TEGL 41-14, p. 7 & 11
• ¹²20 CFR §§680.450(c) and 680.460(e); TEGL 41-14, p. 5
• ¹³81 FR 56130
• ¹⁴20 CFR §§ 680.330, 680.450(b) and 680.470(a); TEGL 41-14, p. 8