(a) The rules contained in this chapter may be cited
as the WIOA Eligible Training Provider (ETP) Rules.
(b) The purpose of this chapter governing the provision
of training services funded through the Agency is to interpret and
implement the requirements of federal statutes and regulations to
include:
(1) the following sections of the Workforce Innovation
and Opportunity Act (WIOA), PL 113-128:
(A) Eligible Training Providers as described in WIOA §122;
(B) contents of ETP performance reports as described
in WIOA §116(d)(4);
(C) data validation as described in WIOA §116(d)(5);
(D) publication of performance reports as described
in WIOA §116(d)(6)(B); and
(E) training services for adults and dislocated workers
as described in WIOA §134(c)(3);
(2) 20 CFR Part 680, Subparts B - D, which describe
training services, training providers, and individual training accounts;
(3) 20 CFR §681.550, which allows the provision
of training services to out-of-school youth, ages 16 to 24, through
Individual Training Accounts (ITA); and
(4) the Family Educational Rights and Privacy Act (described
in 20 CFR 99) audit or evaluation exception to disclose Personally
Identifiable Information (PII) from education records for WIOA performance
accountability purposes. This authority is further clarified in joint
guidance released by the US Department of Labor (DOL) and the US Department
of Education (ED).
(c) The rules contained in this chapter shall apply
to the Agency, Local Workforce Development Boards (Boards), and providers
of training services for WIOA Adults and Dislocated Workers. At the
discretion of the Board, the Eligible Training Provider System (ETPS)
may be applied to the delivery of training services funded through
the Commission, including WIOA Youth Program out-of-school youth and
in-school youth, Choices, Supplemental Nutrition Assistance Program
- Employment and Training (SNAP E&T), and Trade Adjustment Assistance
(TAA).
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