HomeMy WebLinkAboutWHITTER UNION HIGH SCHOOL DISTRICT - WHITTER UNION ADULT SCHOOLINSURANCE ON FILE A-2023-069-21
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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CITY CLERKk
DATE: AGREEMENT FOR WORKFORCE TRAINING
9� G DA (i)IAO THIS SUBAWARD AGREEMENT "A eement" ( gr ), made and entered into this 1st
(%vy4 day of July, 2023, by and between the City of Santa Ana, a charter city and municipal corporation
duly organized and existing under the Constitution and laws of the State of California ("CITY")
and Whittier Union High School District -Whittier Union Adult School identified by the assigned
Data Universal Numbering System (DUNS) Number (082205576) ("CONTRACTOR").
°D RECITALS:
A. CITY has been designated a Local Workforce Development Area (LWDA)
under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("WIOA"
or "the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.258, 17.278, 17.259
and Federal Award Identification Number (FAIN) AA363092155A6.
B. The State of California has created the LWDA to administer the Act
programs operated by the State of California pursuant to the Act.
C. As a LWDA, CITY is entitled to receive Federal funds to establish programs
to increase the employment, retention and earnings of participants, and increase occupational skills
attainment by participants, and as a result, improve the quality of the workforce, reduce welfare
dependency, and enhance the productivity and competitiveness of the nation. Under WIOA,
participants in need of training services may access career training through a list of state -approved
schools and their training programs.
D. In addition to WIOA, the CITY received funding from the Orange County
Social Services Vocational Training grant funded through the California Work Opportunity and
Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with
children ("CalWORKs" or "SSA"). An important component of CaIWORKs allows for the
provision of employment services for parents. Heads of households are provided job training
services to help families upgrade job skills with the ultimate goal of self-sufficiency.
E. The CITY intends to utilize the WIOA and SSA Grant Funds to operate a
Workforce Training Program in which vocational training courses will be made available to
Qualified Participants ("Workforce Training Program"). Qualified Participants are those
individuals that are permitted to participate under the Act and approved to participate under the
City's Workforce Training Program ("Qualified Participants"). Pursuant to the Workforce
Training Program, the CITY desires to contract with public and private organizations, including
employers, who are qualified to participate in the CITY's Workforce Training Program by
providing services to Qualified Participants (each, a "Qualified Contractor").
F. CONTRACTOR is a Qualified Contractor that has been selected as one of
several vendors that qualified to provide workforce training under the Workforce Training
Program.
G. CONTRACTOR represents that it is knowledgeable in its field, and is
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willing to provide workforce training services under the Workforce Training Program pursuant to
applicable Federal and California laws.
H. The CITY and CONTRACTOR (each, a "Party" and jointly, the "Parties")
desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds
of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for
CONTRACTOR's participation in the CITY's WIOA and/or SSA Programs and provision of
services to Qualified Participants upon the request of the CITY.
WHEREFORE, for and in consideration of the respective and mutual covenants
and promises hereinafter contained and made, and subject to all the terms and conditions hereof,
the Parties hereto do hereby agree as follows:
I.
CONTRACTOR'S OBLIGATIONS
A. In compliance with all of the terms and conditions of this Agreement,
CONTRACTOR shall provide the CONTRACTOR's Services, as authorized by the CITY's
Representative. CONTRACTOR represents and warrants that CONTRACTOR's Services to be
provided hereunder shall be performed in a competent, professional and satisfactory manner in
accordance with the CITY's Workforce Training Program.
B. CONTRACTOR agrees to provide benefits to individuals who participate
in the activities and services funded by this Agreement ("Participants") in accordance with the
standards and requirements set forth in this Agreement.
C. CONTRACTOR acknowledges and agrees that CITY shall request that
CONTRACTOR provide the CONTRACTOR's Services on an "as requested" basis and that CITY
does not guaranty a minimum number of Qualified Participants for whom CONTRACTOR's
Services shall be requested and required under this Agreement. CONTRACTOR acknowledges
and agrees that CONTRACTOR shall not commence to provide CONTRACTOR's Services to a
particular Qualified Participant hereunder unless and until CONTRACTOR receives a Notice to
Proceed from the CITY authorizing the provision of CONTRACTOR's Services to that particular
Qualified Participant. CONTRACTOR further acknowledges and agrees that this Agreement and
any request for the provision of services hereunder is nonexclusive and that the CITY may enter
into similar agreements with other entities for the provision of similar services.
D. Time is of the essence in the performance of this Agreement. CONTRACTOR
shall perform and complete all of CONTRACTORS Services in a timely and expeditious manner.
CONTRACTOR shall not be responsible for delays caused by circumstances beyond its reasonable
control, provided that CONTRACTOR has delivered to the CITY written notice of the cause of
any such delay within ten (10) days of the occurrence of such cause.
E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY,
CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services
shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by
this reference as though fully set forth herein. In the event of any inconsistency between the terms
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of such proposal and this Agreement, the terms of this Agreement shall govern. Specific allocation
of services may be changed at the discretion of the CITY and upon mutual agreement of the Parties.
F. Compliance with Law. CONTRACTOR's Services shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the CITY and
any Federal, State or local governmental agency of competent jurisdiction.
G. CONTRACTOR shall obtain, at CONTRACTOR's sole cost and expense, such
licenses, permits and approvals as may be required by law for the performance of
CONTRACTOR's Services. CONTRACTOR shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
which arise from or are necessary for the performance of the services required by this Agreement
H. CONTRACTOR shall adhere to all applicable labor standards as required by
the Act ("Labor Standards").
1. If funding is through WIOA, CONTRACTOR agrees to comply with the
"Complaint Handling Procedures under the WIOA", attached hereto as Exhibit H and
incorporated herein as though fully set forth in 20 CFR 658.411. CONTRACTOR shall advise
applicants, where applicable, and Qualified Participants of their rights to file complaints under the
Act and the procedures for resolution of any complaints. CITY's procedures for handling
complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act
shall be followed and any decision of CITY, the State or the Federal government relating to the
complaint shall be binding and followed by CONTRACTOR. CONTRACTOR, who is an
employer, shall operate a grievance system that incorporates CITY's procedures for resolution of
complaints relating to the terms and conditions of employment; these procedures shall be approved
in writing by CITY.
J. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs
or activities funded with funds provided pursuant to the Act, and all agreements or arrangements
to carry out such programs or activities, that it will comply fully with the nondiscrimination and
equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment
Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and
supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women
Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation
Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with
Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to
regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The
United States, the State of California and CITY have the right to seek judicial enforcement of this
assurance.
K. CONTRACTOR agrees that no Qualified Participant(s) shall commence
training prior to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA
funding, as applicable.
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L. CONTRACTOR agrees to the following accounting, monitoring, auditing,
and review requirements:
1. CONTRACTOR agrees to maintain such records and submit such
reports, data and information, on the form and containing such information, at such times
as CITY may request or require regarding the performance of CONTRACTOR'S services
or activities, costs or other data, including but not limited to Qualified Participants'
attendance and certifications.
2. CITY, the State of California and the United States government
and/or their representatives shall have access for purposes of monitoring, auditing and
examining of CONTRACTOR'S activities, performance, and Qualified Participants related
to this Agreement. Such agencies or representatives shall also schedule on -site monitoring
at their discretion. Monitoring activities may also include, but are not limited to,
questioning employees and Qualified Participants and entering any premises or onto any
site in which any of the services or activities funded hereunder are conducted or in which
any of the records of CONTRACTOR are kept (2 CFR 200.330). Nothing herein shall be
construed to require access to any privileged or confidential information as set forth in
Federal or state law.
3. In the event CONTRACTOR does not make the above -referenced
documents available within the City of Santa Ana, California, CONTRACTOR agrees to
pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the
location where said records and books of account are maintained.
4. All accounting records and evidence pertaining to all costs of
CONTRACTOR and all documents related to this Agreement shall be kept available at the
location where CONTRACTOR conducted the program, as well as in the County of
Orange, for the duration of this Agreement and thereafter for three (3) years after
completion of an audit. Records which relate to (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this Agreement, or (b) costs and
expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of
disposition of such appeals, litigation, claims, or exceptions.
M. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
Qualified Participants in accordance with the requirements of Federal and state law.
Notwithstanding the foregoing, CONTRACTOR agrees to submit to CITY, the State of California
and/or the United States Government or their representatives, all records requested for
administrative purposes, including audits, examinations, monitoring and verification of records
submitted by CONTRACTOR, costs incurred and services rendered hereunder.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to
provide services to any Qualified Participant where costs of training are paid for by any other
person or entity.
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0. If funding is through WIOA, CONTRACTOR shall comply with the
provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget
(OMB) and all other applicable Federal statutes and executive orders and their implementing
regulations, including regulations at 29 CFR Part 97.
P. If funding is through WIOA, CONTRACTOR shall comply with the
requirements of Federal regulations found at 29 CFR Part 93, which provide that no appropriated
funds may be expended by the recipient of a Federal contract, grant, loan or cooperative agreement
to pay any person for influencing or attempting to influence an officer or employee of any agency,
member of Congress or an officer or employee of a member of Congress in connection with
awarding of any Federal contract, the making of any Federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification
Regarding Lobbying to that effect in a form as set forth in Exhibit D, attached hereto and by this
reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY
prior to performing any of its obligations under this Agreement and prior to any obligation arising
on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this
Agreement.
Q. CONTRACTOR agrees to provide a drug -free work place and to execute a
Drug Free Workplace Certification as set forth in Exhibit E attached hereto and incorporated
herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Recovery Act of
1992, recognizes and acknowledges the importance of child and family support obligations and
shall fully comply with all state and Federal laws relating to child and family support enforcement,
including, but not limited to: disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the
state Family Code; and, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to the New
Employee Registry maintained by the California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the Actor
SSA, as applicable, and all applicable Federal regulations, including, but not limited to, the Code
of Federal Regulations, Title 2 -Grants and Agreements, Subtitle A —Office of Management and
Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations.
T. If funding is through WIOA, CONTRACTOR agrees to remain in
compliance with the Certification Regarding Debarment, attached hereto as Exhibit F and
incorporated herein by reference, as required by the regulations implementing Executive Order
12549, Debarment and Suspension, (2 CFR Part 180).
U. If funding is through WIOA, CONTRACTOR agrees to provide priority of
services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations
implementing priority of service for veterans and eligible spouses in Department of Labor job
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training programs under the Jobs for Veterans Act published at 73 Fed. Reg. 78132 on December
19, 2008.
V. CONTRACTOR acknowledges that the official name for the statewide
system of providing employment and training through the WIOA partnerships, SSA, and various
other local programs is "America's Job Center". To achieve the goals of this Workforce Training
Program, it is important that the public has a quick and easy method to identify that the projects or
programs they are taking part in are part of the "America's Job Center". CONTRACTOR agrees
to place the America's Job Center logo, in accordance with the State of California guidelines for
such use, on all public materials, such as statements, press releases, brochures, advertisements,
reports and other documents describing projects or programs funded in whole or in part with
WIOA or SSA funds. When the America's Job Center logo is used, CONTRACTOR may
accompany it with the following statement, "The (CONTRACTOR) is a proud partner of the
America's Job Center network". CONTRACTOR shall not use the America's Job Center logo in
any manner that would imply that the State of California endorses a commercial product, service
or activity.
II.
CITY'S OBLIGATIONS
A. On July 1, 2023 the CITY was awarded a Department of Labor Workforce
Innovation and Opportunity Act grant of $2,367,690.00 for fiscal year 2023-2024. In addition, on
July 1, 2023, the CITY was awarded an Orange County Social Services Vocational Training grant
through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total
amount of $838,964.00 for fiscal year 2023-2024. A portion of both grants in a total amount not
to exceed $2,500,000.00 shall be available to all Qualified Contractors to provide workforce
training classes for Qualified Participants.
B. If a Qualified Participant chooses to enroll in a course offered by
CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or
SSA funds are received under the provisions of the applicable grants, in accordance with the
Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be
amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA
funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by
CONTRACTOR as provided herein.
C. CONTRACTOR has the ability to adjust line item amounts in the Course
Costs with the approval of the Executive Director.
D. CITY agrees to provide for on -site monitoring reviews of the Workforce
Training Program operation at least annually. In addition, monthly desktop reviews of pertinent
information will be conducted.
E. CITY has the right to de -obligate the funds hereunder, and take such funding
back from CONTRACTOR, due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
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funding.
III.
COMPENSATION
A. CITY neither warrants nor guarantees any minimum or maximum
compensation to CONTRACTOR under this Agreement. CONTRACTOR shall be paid only for
actual services performed under this Agreement at the rates and charges identified in Exhibit B.
Any compensation payable to CONTRACTOR shall be paid from a portion of the above -
referenced WIOA and/or SSA grants awarded to the CITY in a total amount not to exceed
$2,500,000.00.
B. Payment by CITY shall be made within thirty (30) days following receipt
of proper invoice evidencing work performed, subject to CITY accounting procedures.
IV.
TERM OF AGREEMENT
A. This Agreement shall commence on the date stated above and continue
through June 30, 2027, with a one-year option to renew executable by the CITY in its sole
discretion, unless terminated earlier by either party. The one-year option may be executed, by a
writing executed by the City Manager and the City Attorney.
B. Unless the CITY authorizes an extension, CONTRACTOR must liquidate
all obligations incurred under the Federal award not later than ninety (90) calendar days after the
end date of the period of performance as specified in the terms and conditions of the Federal award,
as applicable.
IV.
INDEPENDENT CONTRACTOR
A. CONTRACTOR shall, during the entire term of this Agreement, be
construed to be an independent contractor and not an employee of the CITY. This Agreement is
not intended nor shall it be construed to create an employer -employee relationship, a joint venture
relationship, or to allow the CITY to exercise discretion or control over the professional manner
in which CONTRACTOR performs the services which are the subject matter of this Agreement;
however, the services to be provided by CONTRACTOR shall be provided in a manner consistent
with all applicable standards and regulations governing such services. CONTRACTOR shall pay
all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
relating to employees and shall be responsible for all applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
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B. CONTRACTOR shall have the right to hire, dismiss, or promote its
employees or contract personnel hired under this Agreement so long as its hiring or dismissal
policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards
Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal
Opportunity Employer.
VI.
APPLICABLE GUIDELINES
A. The Parties hereto agree that CONTRACTOR shall comply with all
applicable Federal and state laws and regulations, including, but not limited to the Eligible
Training Provider List (ETPL) Policy and Procedures WSD21-03 attached hereto as Exhibit C
and incorporated herein by reference, and general program requirements described in Sections 2
and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and
regulations, including amendments or revisions made during the terms of this Agreement. Said
applicable laws are hereby incorporated by reference and made part of this Agreement as though
fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR shall comply with Title VII of the Civil Rights Act
of 1964 and in accordance with Title VII of the Act, requiring that no person shall,
on the grounds of race, color, religion, sex, age, handicap or national origin be
excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under this Agreement.
2. CONTRACTOR shall comply with any and all Federal laws
limiting the political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no
program under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Comptroller General, by and through any authorized
representative, as well as the California Workforce Development Board ("WDB")
Administrative Office, access to and the right to examine all records, books, papers
or documents relating to the accounting and use of funds under this Agreement for
a three-year period from and after the effective date of this Agreement.
5. No person with responsibilities in the operation of any program
under the Workforce Training Program shall discriminate with respect to any
Qualified Participant or any application for participation in such program because
of race, creed, color, national origin, sex, political affiliation or beliefs.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
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7. CONTRACTOR shall comply with general provisions, assurances,
and execute the Assurances and Certifications attached hereto as Exhibit G and
incorporated herein.
8. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, Qualified Participants, or
the general public of its programs under this Agreement shall state that its programs
are supported by the City of Santa Ana and the Santa Ana Workforce Development
Board, and shall state that the program is an "equal opportunity employer/program"
and that "auxiliary aids and services are available upon request to individuals with
disabilities."
9. Based on the population eligible to be served, or likely to be directly
affected by the program or activity, the services or information may need to be
provided in a language other than English in order to allow such population to be
effectively informed about or able to participate in the program or activity,
Pursuant to 29 CFR 37.35, CONTRACTOR must take reasonable steps to provide
services and information in appropriate languages after considering the scope of the
program or activity, and the size and concentration of the population that needs
services or information in a language other than English.
10. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement,
will be disposed of in accordance with the direction of the CITY. In addition, any
tools and/or equipment furnished to the CONTRACTOR by the CITY and/or
purchased by the CONTRACTOR with funds pursuant to this Agreement, will be
limited to use within the activities outlined in this Agreement and will remain the
property of the United States Government and/or CITY. Upon termination of this
Agreement, CONTRACTOR will immediately return such tools and/or equipment
to the CITY or dispose of them in accordance with the direction of the CITY.
it. CONTRACTOR certifies that this Agreement does not provide for
the advancement or aid to any religious sect, church or creed, or sectarian purpose,
nor does it help to support or sustain any school, college, university, hospital or
other institution controlled by any religious creed, church, or sectarian
denomination, as specified by Article XVI, Section 5, of the Constitution of the
State of California, regarding separation of church and state.
12. CLEAN AIR ACT / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with the Clean Air Act
("CAA")[(42 USC 7401, et seq.]; the Clean Water Act ("CWA") (33 USC 1368);
Executive Order 11738 and United States Environmental Protection Agency
("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter
amended. Under these laws and regulations, the CONTRACTOR assures that:
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(a) No facility to be utilized in the performance of the proposed grant has been
issued a violation from the EPA under the CAA or CWA;
(b) It will notify CITY prior to award of the receipt of any communication from
the Director, Office of Federal Activities, EPA, indicating that a facility to be
utilized for the grant is under consideration for issuance of a violation under
the CAA or CWA; and,
(c) It will notify the CITY and the EPA about any known violation of the above
laws and regulations.
13. CONTRACTOR agrees to adhere to the following STANDARDS
OF CONDUCT:
(a) General Assurance. Every reasonable course of action will be taken by
CONTRACTOR in order to maintain the integrity of this expenditure of public
funds and to avoid favoritism. This Agreement will be administered in an
impartial manner, free from errors to gain personal, financial, political gain.
CONTRACTOR, its officers and employees, in administering this Agreement,
will avoid situations, which give rise to a suggestion that any decision was
influenced by prejudice, bias, special interest or desire for personal gain.
(b) Employment of Former State or CITY Employees. CONTRACTOR will
ensure that any of its employees who were formerly employed by the State of
California or CITY, in a position that could have enabled such individuals to
impact policy regarding or implementation of programs covered by this
Agreement, will not be assigned to any part or phase of the activities conducted
pursuant to this Agreement for a period of not less than two (2) years following
the termination of such employment.
(c) Conducting Business Involving Relatives. No relative by blood, adoption or
marriage of any executive or employee of CONTRACTOR will receive
favorable treatment when considered for enrollment in programs provided by,
or employment with, CONTRACTOR.
(d) Conducting Business Involving Close Personal Friends and Associates.
Executives and employees of CONTRACTOR will be particularly aware of
the varying degrees of influence that can be exerted by personal friends and
associates and, in administering this Agreement, will exercise due diligence to
avoid situations which give rise to an assertion that favorable treatment is being
granted to friends and associates. When it is in the public interest for
CONTRACTOR to conduct business with a friend or associate of an executive
or employee of CONTRACTOR, an elected official in the area or a voting or
non -voting member of the Local Workforce Development Board (WDB), a
permanent record of the transaction will be retained.
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(e) Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non -voting member
of a WDB, will solicit or accept money or any other consideration from a third
person, for the performance of an act reimbursed in whole or part by
CONTRACTOR or CITY. Supplies, materials, equipment or services
purchased with Agreement funds will be used solely for purposes asserted or
allowed under this Agreement. No voting member of the WDB will cast a vote
on the provision of services or vote on any matter, which would provide direct
financial benefit to that member or any business or organization that the
member directly represents.
(f) Salary and Bonus Limitations. If CONTRACTOR receives WIOA funds,
CONTRACTOR is required to comply with Federal requirements regarding
the limitations on salary and bonus payments in accordance with Public Law
109-149, Section 503.
VII.
HOLD HARMLESS
CONTRACTOR agrees to defend, and shall indemnify and hold harmless the
CITY, its officers, agents, employees, contractors, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including death, and claims for property damage, which
may arise from the negligent operations of the CONTRACTOR, its subcontractors, agents,
employees, or other persons acting on its behalf which relates to the services described in this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The CONTRACTOR further agrees to indemnify, hold harmless, and pay all costs
for the defense of the CITY, including fees and costs for special counsel to be selected by the
CITY, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
CITY may make all reasonable decisions with respect to its representation in any legal proceeding.
VIII.
INSURANCE
A. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder and the results of
that work by the Contractor, his agents, representatives, employees or subcontractors.
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B. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
• Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury
and property damage. (Not required if CONTRACTOR provides written
verification an automobile is not required to perform services.)
• Workers' Compensation: as required by the State of California, with Statutory
Limits, and Employer's Liability Insurance with limit of no less than $1,000,000
per accident for bodily injury or disease. (Not required if CONTRACTOR provides
written verification it has no employees.)
Professional Liability (Errors and Omissions) Insurance appropriates to the
Consultant's profession, with limit no less than $1,000,000 per occurrence or claim,
$2,000,000 aggregate.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the Entity requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the Entity.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Contractor including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20
37 if a later edition is used).
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Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary
coverage at least as broad as ISO CG 20 Of 04 13 as respects the Entity, its officers, officials,
employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be
canceled, except with notice to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer
of said Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver
of subrogation, but this provision applies regardless of whether or not the Entity has received a
waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the Entity. The
Entity may require the Contractor to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention. The policy language shall provide, or be
endorsed to provide, that the self -insured retention may be satisfied by either the named
insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a
current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity.
Claims Made Policies (note — should be applicable only to professional liability, see below)
If any of the required policies provide claims -made coverage:
1. The Retroactive Date must be shown, and must be before the date of the
contract or thebeginning of contract work.
Z Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a Retroactive Date prior to the contract
effective date, the Contractormust purchase "extended reporting" coverage
for a minimum of five (5) years after completion of work.
Page 13 of 19
Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance
including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage requiredby this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Contractor's obligation to provide them.
The Entity reserves the right to require complete, certified copies of all required
insurance policies,including endorsements required by these specifications, at any
time,
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based
on the nature of therisk, prior experience, insurer, coverage, or other special
circumstances.
IX.
CORPORATESTATUS
CONTRACTOR shall be in good standing, without suspension by the California
Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate
status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY, CONTRACTOR must submit all subcontracts and other agreements that relate
to this Agreement to CITY. If receiving WIOA funds, CONTRACTOR acknowledges and agrees
that it must follow procurement regulations for contractors (2 CFR 200,317). No subcontract or
assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this
Agreement.
XI.
LAWS GOVERNING THIS AGREEMENT
A. In its performance under this Agreement, CONTRACTOR shall fully comply with
the requirements of the following, whether or not otherwise referred to in this Agreement:
1. If receiving WIOA funds, the Act and all applicable Federal statutes, regulations,
policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR.
Parts 651 and 654
Page 14 of 19
2. All applicable State statutes, regulations, policies, procedures and directives;
All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply
with such or will notify CITY after enactment or modification that it cannot so comply. CITY
may thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement, together with attachments hereto, represents the complete and exclusive
statement between the CITY and CONTRACTOR, and supersedes any and all other agreements,
oral or written, between the Parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the CITY and by an authorized representative
of CONTRACTOR. The Parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate CONTRACTOR or the CITY. Each party to this Agreement acknowledges that
no representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which is not embodied herein.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts concerning
possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this
Agreement.
XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and WIOA and/or SSA funds received or obligated from the State
of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY
shall immediately notify CONTRACTOR, Within twenty (20) days of receipt of such notice,
CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary
modification to this Agreement and/or reimbursement of costs incurred hereunder,
XV.
Page 15 of 19
TERMINATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty
(30) days written notice to the other party. Notice shall be deemed served on the date of mailing.
However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any
Qualified Participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which
is to be not less than ten (10) days after certified mailing or personal service of such notice, unless
such default is cured before the effective date of termination stated in such notice. If terminated for
cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result
of the termination thereof, including the payment of money, except for payment for approved
expenses incurred for services satisfactorily and timely performed prior to the mailing or service of
the notice of termination, and except for reimbursement of (1) any payments made for services not
subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in
obtaining substitute performance.
XVI.
DISPUTES
A. Except as otherwise provided in this Agreement, any dispute concerning any
question arising under this Agreement shall be decided by CITY. In such a case, CITY shall
reduce its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR.
The decision of the CITY shall be final and conclusive unless within thirty (30) calendar days from
the mailing or delivery of such copy, CITY receives from CONTRACTOR written request to
appeal said decision.
B. If receiving WIOA funds, procedures governing the appeal shall be prescribed by
CITY and/or the State of California in accordance with the Act and all corresponding regulations
and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in
accordance with CITY's decision unless the dispute involves a change order.
XVII.
BREACH - SANCTIONS
A. If, through any cause, CONTRACTOR violates any of the terms and conditions of
this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR
pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report
makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay
CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or
violations, CITY shall also have the right at its sole discretion to either; (1) discontinue program
support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this
Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY
Page 16 of 19
due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written
notice CONTRACTOR has failed to repay same or a repayment schedule has not been made;
and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such
termination in accordance the Notices provision in Paragraph XVIlI herein below,
XVIII.
NOTICES
All .notices, reports and correspondence between the Parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed
as follows:
CITE': City of Santa Ana
Manager, WDB Administrative Office
P.O. Box 1988 (M-76)
Santa Ana, CA 92702
CLERK; Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa. Ana, CA 92702-1988
Fax (71.4) 647-6956
CONTRACTOR, School Name
Address
City, CA zip code
P17onet
Email:
Whittier Union High School. District -
Whittier Union Adult School
9401 Painter Ave
Whittier CA 90605
562-698.8121 ext 1300
Mragie.Moriarty@wulisd.org
.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
Pago 17 of 19
XXI.
MISCELLANEOUS PROVISIONS
A. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective Parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
{Signatures on following page}
Page 18 of 19
A-2023-069-21
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first
above -written.
ATTEST:
Jennifer 'a
r of the on it
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Andrea Garcia -Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
"CITY"
By: � � —
Kristine Ridge
City Manager
"CONTRACTOR'
By. ..�
Name: lUve,%T .a
Title: Super.. k4&.
Tax ID #: 9S • /. op ?S-' i
Page 19 of 19
EXHIBIT A & B
Scope of Service & Course Cost
S.
N
...... . ......... .. ....... ........ ....... ........ - ................ ....... .. . .. ....... .... . .. .. .......... .. .... - -
State Course Local Program Program BPPE Approval BPPE Approve
Code Code status Status Expiration
11109911000002 P10526 Active
........... . M1. 11 t
Frequency ...................... * ............. ... ... Languages Delivery —Post- y Tuition
English t Mode licensing Program Is i
Weekly
$150.00
Stand-up It Offered
Evenings
I T' . . 1.1 . .1. 11 lllfll�i I E " ................ .......... ... . . . ...... . .... . .. .... .............
Books ",, ... ........... . Su lies '..
Other ;I xternship Externship
$0.00 0,00 Expenses I Hours
$305.00i No
$105.00 0
................ .......... .......
Weeks i Crodentialing Body
50 10
otG; .... . ...................... ....... .. . ...... ........... ,� ......... .
,pare Individuals to enter the workforce entry-level positions such as technical support, desktop support and
in. Students will work on both hardware and software, configure and troubleshoot errors on computer
will learn the skills of networking and troubleshoot network errors. They will also learn the basic skills of
)on completion student will be prepared to take the a+ certification and network+ examinations. Graduates
,na after successfully.,ps P,!2!N.Jnft.Pv.9.ram,
-.1 11.1 ........ . . .... ........... I 1.._ .......... .... .........
PAIL STORES, AND GOVERNMENT AGENCIES: 51: Information
1.1 1-1- . .......... .............. � ... ........... ......................... ..................... ...................... ... ....... .. ............ .... ..... ........ .. ................... ....... .......... . . .... . .... ..
Vork and all other eligible program individuals,
equivalent or pass the ability to benefit from the training (ATBT) exam, pass Wonderlio exam,
Training Sites
......
Updated By Tuition'
I
1 11 ..... ...... , " I
Registration! Books
i
11- ...1..1.. . ...... ...... .......
Supplies IOther....'-...
I lExpenses!
Total
Cost
$50.00 1 $0.00 1 $0.00 1 $105,00
M
Updated By
Painter I
Ave., j 12/02/2019
Training Sites
gistration !,Books. Suppii(
$50.00 $0.00 j $0,00
Other t Total
:penses l Cost
$105M I$305.00'1 50`
277
Code III
SBCtOrs I
Professional, j
scientific &
technfcal
_l
Reaiatratlon 1
50
State Course '; Local Program
Code l Code
11109911000001 € P10524
ngtaages Delivery Post
gileh Mode 1 Baer
Stand-up
10
Status
When
Program Is
Offered
Evenings
Hours
0
This'la the second course In the three series program. This course is designed to continue the preparation for the Compile A+
certification test. Students will learn to Install, configure and troubleshoot NIS Windows operating systems. Integrated
throughout the course are best practices for effective troubleshooting, communication techniques, pe protection from malware
(virusost dap u s,,adware) and`safety precautiens.Data backup ,data recovery and Imam .....,,. .,.....
Target Industry
BUSINESS, IT RETAIL STORES, AND GOVERNMENT AGENCIES: 51: Information
Target Group
WIOAWelfare-to•Work and all other eligible program Individuals.
Painter
or GED, equivalent or pass the ability to benefit from the training (ATBT) exam, pass Wonderlic exan
Training Sites
Date Last t
Added Updated Updated By (Tuitlon� Registration Books; Supplies
........ }..
19102/23/20231 m.frias@sbwib.org 1$150 001 $50.00 1 $0.00 $0.00 $106,00
1 i
Last Updated Last Updated By
02/23/2023 m.frias@sbwib.org
..... :... ... : ... ..:....4 .. ..... .... :. .::.._.c..... _ ........ ...:... ............
Cost Hou
m
Sectors
Construction;
Professional,
i usage, Installatil
electrical mead
j home hands-on
I consisting of me
l tnot hPit with n t
460302000000011 P1
nguages i. Delivery
Nish ( Mode
I, Stand-up
licensing
is 1 Not
Books Suppllos i Other Total Cost Externship € Externship
$205.00 $95 00 Expenses $1150.00 No Hours
t $0,00 I 0 Weeks,!,.,,,,-, Credentiaiing Body
130 s 9 WASG
..
on .,,
Training program Is designed to prepare students to either go to work with a contractor or to provide entry
ew electricians looking to apply for an entry level apprenticeship program. This hands-on course covers
lectricity,, tool use for residential wiring, safety protocols, electrical trouble -shooting, conductor and cable
c of outlets, light switches and electrical circuits. The course prepares students to read blue prints, use
ng instruments and to learn the NEC Codes for electrical Installations. Class will take place In both our model
otting as well as In a traditional classroom setting. Students will prepare for Industry standard written exam
hanlcal reasoning, word math and reading comprehension tests. At the start of class, students will receive a
other program eligible individuals
or equivalency completed
i Training Sites
Date I Last ' Updated By
Added , Updated j
S.
$850.001 $0.00
i
lated w_
Books Supplies Other Total jHo
Expenses Cost
$205.001 $95.0D � $000 4$1150.00� 11
State Program
....... ....... ............ ... ......... ...........
State Course
........ ....... ....... . .................... .a.:.. ,. ...... . . .
1 Local Program 1 Program I BPPE Approval!
I
....... ...... ..... ... ..........
BPPE Approva
Code
Code
Code Status r Status
Expiration
277
46050300000004; 4792 Active
Sectors
.............. ............
Languages Delivery Post- _Wh�n
Frequency Tultion
Construction
English
Mode licensing Program is
Weekly
$850,00
Stand-up No
rs
The
a tool
S.
Days
...... ...... .......... .......
ion' Books u ii; �. ........... Other ". ..................... . ... Total
........'**' " Cost 1 .......... iii e' rnshlp Externship
9 �00
1 $216.00 Expenses $1160.00 j No Hours
$0,00 0
..... ...... ....... ....... ... .. ....... ........ ..
............ Weeks
: Credentialing Body
130 9
................ ..... ........ ................. ............. ..... .............. ....... ..... . ..... .. . ........ .................
ii;;i�iip'"ticm
ing I Training program is designed to prepare students to go either to work with a contractor or to provide entry level
new plumbers looking to apply for an entry-level apprenticeship program, This hands-on course covers
als of plumbing, tool use for residential plumbing, safety protocols, plumbing trouble -shooting, pipe, fitting and valve
inktues for joining, Installing and supporting pipe. Students will learn about slops l cleanout, and turns In drainage
and learn how to Install drainage and venting systems, The course prepares students to read blue prints, use
instruments for plumbing end to learn the Uniform Plumbing and I.A. County Plumbing Codes, Class will take place
model home hands-on setting as well as In a traditional classroom setting, Students will prepare for industry
ritten exam consisting of mechanical reasoning, word math and reading comprehension tests. Students will receive
with a basic tool kit, which is theirs to keep after the class is over. Graduates receive a Whittier Union Adult School
certificate.
.................. . .......... .� .............. .... -
and all other eligible program Individuals.
wage 1 Total Successfu
1
Last
idated I Updated By
Terminated
$0.00
Books Ho
Supplies �u'u' luttil
Expenses Cost I
................. . -
$215,00 $95.00 $0.00 $1160,001 1:
a I ; 1. t I., U 11, P 11 d . a , t L a I d - B 11 v
.
State Program I State Course ` Local .Program = Program BPPE Approval BPPE Approv
Code i Code Code Status i Status Expiration
277 52030211000035€ P11072 ? Active
„. Gan ua a .....t,..�_„
Sectors g g s Delivery Post When Frequency] Tuitionr
All English Mode i licensing Program is Weekly $1000.00
t Stand-up Offered
....
Days
l ,..m..
Registration Books supplies Other g pp j Total Cost Externship 1 Externship
$0.00 i $0:00 $0.00 Expenses r $1000.00 i No Hours
$0.00 ;' i i 0
Hours Weeks Credentiating Body
375 s ......1.2
Program description
Students who have mastered basic accounting theory may enroll directly into QuickBooks, a widely used business computer
accounting program. Students will run a mock business and through multiple exercises learn how to enter, manage, pay and
schedule payments and bills from vendors. Students will learn to track sales, profitability, Inventory and billable hours by
customer and location. Students will create financial statements and reports, print and record checks, manage payroll and
mana0ecash ,transactions and accounts
.... .. ............ ,.. ,. .................... ............I............... . ........
Target industry
ALL INDUSTRIES WITH ACCOUNTING DEPARTMENTS: 52: Finance and Insurance
... .......................... ...... .............. ........ . . .. ...............,.. ...., .........
Target Group
WIOA, Welfare -to -Work and all program eligible individuals
1I.Occupation. .........w..... .,..............,,., ..
Target
,,....e ...... ...,...... ........ ......w. .u....,........ .... .. ,...i .. m.n «..,. . . n.k,. m. r.....uu .n.
Preroquisites �� � �111
Math: 7:0 grade level
Program
Training Sites
Date... i Last.... .. y ........................
P'Books Other 1 Total
Location I P Updated B Tuition �Re Registration lSu lies Ex enses Cost Wi
Added Updated Igi Supplies
i
p
9401 5 I , t,..... {
Painter
Ave.,1 12/02120191, 02/23120231,m.frias@sbwiborgi$100000 1 $0,00 $0.001 $0.00 $0,00 1$1000.001
04/15/2019
e® ®" Employment
EDD Development
Department
State of California
DIRECTIVE
Date: November 10, 2021 Number: WSD21-03
ETPL POLICY AND PROCEDURES
EXECUTIVE SUMMARY
CC(
ALIFORNIA
Workforce Development Board
This policy provides guidance and establishes the procedures applicable to the training
providers and programs listed on the state and local Eligible Training Provider List (ETPL) under
the Workforce Innovation and Opportunity Act (WIOA). This policy applies to Local Workforce
Development Boards (Local Boards), and is effective on the date of issuance.
This policy contains some state -imposed requirements. All state -imposed requirements are
indicated by bold, italic type.
This Directive finalizes Workforce Services Draft Directive ETPL Policy and Procedures (WSDD-
215), issued for comment on September 3, 2020. The Workforce Development Community
submitted 131 comments during the draft comment period. A summary of comments,
including all changes, is provided as Attachment 8.
This policy supersedes Workforce Services Directive W10A Eligible Training Provider List - Policy
and Procedures (WSD15-07) dated November 10, 2015. Retain this Directive until further
notice.
• Workforce Innovation and Opportunity Act (Public Law 113-128) Sections 3, 116, 122,
123, 129, 134, and 404
• Title 20 Code of Federal Regulations (CFR) Part 677: Performance Accountability Under
Title I of the Workforce Innovation and Opportunity Act (Uniform Guidance), Sections
677.150 and 677.230
• Title 20 CFR Part 680: Adult and Dislocated Worker Activities Under Title I of the
Workforce Innovation and Opportunity Act (DOL Exceptions), Sections 680.200,
680.210, 680.230, 680.300, 680.310, 680.320, 680.330, 680.340, 680.350, 680.410,
680.420, 680.430, 680.450, 680.460, 680.470, 680.480, 680.490, 680.500, 680.520, and
680.530
The EDD is an equalopportunity employer/program. Auxiliary aids and services
are available upon request to individuals with disabilities.
Revised February 22, 2023 Page 1 of 5
DIC: 12
EXHIBIT C
• Title 20 CFR Part 681: Youth Activities Under Title I of the Workforce Innovation and
Opportunity Act (DOL Exceptions), Sections 681.480 and 681.540
• Title 34 CFR Part 600: Definitions (Department of Education), Section 600.2
• Training and Employment Guidance Letter (TEGL) 8-19, Workforce Innovation and
Opportunity Act (WIOA) Title I Training Provider Eligibility and State List of Eligible
Training Providers (ETPs) and Programs (January 2, 2020)
• TEGL 3-18, Eligible Training Provider (ETP) Reporting Guidance under the Workforce
Innovation and Opportunity Act (WIOA) (August, 31, 2018)
• TEGL 19-16, Guidance on Services provided through the Adult and Dislocated Worker
Programs under the WIOA and the Wagner-Peyser Act Employment Services, as
amended by title 111 of WIOA, and for Implementation of the WIOA Final Rules (March 1,
2017)
• TEGL 13-16, Guidance on Registered Apprenticeship Provisions and Opportunities in the
WIOA (January 12, 2017)
• California Code of Regulations Division 7.5
• California Education Code Sections 94801.5, 94850.5, and 94874
• California Unemployment Insurance Code (CUIC) Section 14005
• CUICSection 14230
• Workforce Services Directive WSD22-08, ETPL Reciprocal Agreements (January 17, 2023)
• WSD22-01, Performance Guidance (July 18, 2022)
• WSD19-10, Recovery of WIOA Tuition and Training Refunds (February 20, 2020)
• WSD19-06, CaIJOBS Activity Codes (December 27, 2019)
• WSD17-01, Nondiscrimination and Equal Opportunity Procedures (August 1, 2017)
• California's Unified Strategic Workforce Development Plan
BACKGROUND
WIOA Section 122 requires states to establish and maintain a list of training providers who are
eligible to receive WIOA Title I, subtitle B funds for training services. An America's Job Center of
Californiasm (A1CC) may issue an Individual Training Account (ITA) to a WIOA Title I, subtitle B
eligible individual (out of school youth age 16-24, adult or dislocated worker) to fund training
services.
The Employment Development Department (EDD) is the entity responsible for publishing,
disseminating, and maintaining the comprehensive California (CA) ETPL with performance and
cost information. In addition, the EDD is responsible for ensuring programs meet the eligibility
criteria and performance levels established in this Directive; removing programs that do not
meet the program criteria or performance levels established in this Directive; and taking
enforcement actions against providers that intentionally provide inaccurate information, or
that substantially violate the requirements of WIOA.
Page 2 of 5
EXHIBIT C
Likewise, the Local Board is responsible for carrying out the procedures outlined in this
Directive; work with the state to ensure there are sufficient numbers and types of providers of
training services with expertise in assisting individuals with disabilities, and adults in need of
adult education and literacy activities; developing and maintaining a local ETPL; and ensuring
the dissemination of the CA and local ETPL through the AICCs, including in formats accessible to
individuals with disabilities.
In cooperation with stakeholders, the State has adopted the following principles when
developing the CA ETPL policies and procedures:
1. Simplicity —Avoid imposing burdens that inhibit the participation of quality training
providers.
2. Customer Focus —The policies and procedures support the collection and presentation
of easily accessible and reliable training program information for both individuals
seeking career and occupational training information, and career planners who assist
participants eligible for training services.
3. Informed Consumer Choice —The CA ETPL includes locally approved training programs
that lead to self -sustainable careers in the local/regional economy, as supported by
current labor market information identifying industry sectors and occupational clusters
that are high -growth, high -demand, projecting skills shortages, and/or vital to the
regional economy.
4. Training Delivery Flexibility — Policies and procedures that foster and support the
inclusion of various types of training delivery that expand opportunities for consumer
choice.
Quality — Ensure a comprehensive list of quality training programs that meet minimum
performance standards, and provide industry -valued skills in priority industry sectors.
Information must be accurate, transparent, accessible, and user-friendly.
6. Respect for Local Autonomy —The policy remains supportive of the autonomy WIOA
grants to the Local Boards.
In addition, this policy and Local Board policies should align with the three policy objectives
outlined in the California Unified Strategic Workforce Development Plan:
1. Fostering demand -driven skills attainment — Workforce and education programs need
to align program content with the state's industry sector needs so as to provide
California's employers and businesses with the skilled workforce necessary to compete
in the global economy.
2. Enabling upward mobility for all Californians — Workforce and education programs
need to be accessible for all Californians, especially populations with barriers to
employment, and ensure that everyone has access to a marketable set of skills, and is
Page 3 of 5
EXHIBIT C
able to access the level of education necessary to get a good job that ensures both long-
term economic self-sufficiency and economic security.
3. Aligning, coordinating, and integrating programs and services —Workforce and
education programs must economize limited resources to achieve scale and impact,
while also providing the right services to clients, based on each client's particular and
potentially unique needs, including any needs for skills -development.
POLICY AND PROCEDURES
This policy establishes the types of allowable training services, consumer choice, the
difference between the state and local ETPL, the requirement for Local Boards to establish a
ETPL policy, eligibility criteria and procedures for initial and continued eligibility for CA ETPL
training providers and programs, the federally mandated Eligible Training Provider
Performance Report (ETP Report), and the roles and responsibilities of the Local Boards and
the EDD in maintaining the integrity of the CA ETPL.
The following attachments to this Directive provide guidance and resources when
implementing the CA ETPL:
1. ETPL Policy and Procedures
Contains detailed information on initial and continued eligibility requirements, and the
roles and responsibilities of the Local Boards, and the EDD in maintaining the integrity
of the CA ETPL and the quality of the training programs offered on it.
2. ETPL Definitions
Includes definitions relevant to the ETPL Policy and Procedures.
3. ETPL Local Board Delegation and Cancelation Form
This form is utilized to delegate or cancel the delegation of a Local Board's ETPL
responsibilities to another Local Board. The delegation includes both state and local
ETPL functions. This form is required to be submitted annually.
4. CA ETP Assurances Form
This form must be completed by the provider to ensure they will provide the data
necessary to complete the annual ETP Report. This form must be submitted annually.
5. CA ETPL Training Provider and Program Determination Flowchart
Decision trees designed to assist Local ETPL Coordinators with determining initial and
continued eligibility for the various provider types and programs.
Page 4 of 5
EXHIBIT C
6. Local ETPL Coordinator Contact Form
A form for Local Boards to designate the Local ETPL Coordinators and provide their
contact information.
7. Summary of Comments
A list of all comments received during the comment period, and responses to those
comments from the EDD.
8. Errata Chronology
A list of changes that were made to the Directive and its attachments.
ACTION
The information contained in this Directive should be shared with Local ETPL Coordinators, and
all other staff involved in the administration of the ETPL.
INQUIRIES
If you have any questions, contact the State ETPL Coordinator at wsbetpl@edd.ca.gov.
/s/ JAVIER ROMERO, Deputy Director
Workforce Services Branch
Attachments:
1. ETPL Policy and Procedures (DOCX)
2. ETPL Definitions (DOCX)
3. ETPL Local Board Delegation and Cancelation Form (DOCX)
4. CA ETP Assurances Form (DOCX)
5. CA ETPL Training Provider and Program Determination Flowchart (PDF)
6. Local ETPL Coordinator Contact Form (DOCX)
7. Summary of Comments (DOCX)
8. Errata Chronology (DOCX)
Page 5 of 5
EXHIBIT C
ETPL POLICY AND PROCEDURES ATTACHMENT 1
ETPL Policy and Procedures
Contents
A.
Introduction.........................................................................................................................
2
B.
Allowable Types of Training Services...................................................................................
2
C.
State and Local ETPLs...........................................................................................................
2
D.
Local Board Policy................................................................................................................
3
E.
Consumer Choice.................................................................................................................6
F.
CA ETPL Application Process................................................................................................
6
ETPL Application Process by Provider Category.....................................................................
7
G.
CA ETPL Initial Eligibility.......................................................................................................
8
Training Provider Initial Eligibility Criteria..............................................................................
8
Training Program Initial Eligibility Criteria............................................................................
11
H.
CA ETPL Continued Eligibility Criteria................................................................................
13
Training Provider Continued Eligibility Criteria....................................................................
13
Training Program Continued Eligibility Criteria....................................................................
13
I.
Approval and Denial of Training Provider/Program..........................................................
15
Approval of Training Provider/Program...............................................................................
15
Denial of a Training Provider/Program.................................................................................
15
J.
Delisting Training Providers/Programs ..............................................................................16
K.
Placing Delisted Training Providers/Programs Back on the ETPL......................................
18
L.
Appeals...............................................................................................................................18
Appealsto EDD.....................................................................................................................
19
M.
Maintenance of the CA ETPL..........................................................................................
20
N.
ETP Report..........................................................................................................................
20
O.
Technical Assistance and Resources..................................................................................
20
TrainingProviders.................................................................................................................
21
LocalETPL Coordinators........................................................................................................
21
WSD21-03 Page 1 of 21
ETPL POLICY AND PROCEDURES
ATTACHMENT 1
A. Introduction
This policy establishes the types of allowable training services, consumer choice, the difference
between the state and local Eligible Training Provider List (ETPL), the requirement for Local
Workforce Development Boards (Local Boards) to establish an ETPL policy, eligibility criteria and
procedures for initial and continued eligibility for Eligible Training Providers (ETP) and
programs, the federally mandated Eligible Training Provider Performance Report (ETP Report),
and the roles and responsibilities of the Local Boards and the Employment Development
Department (EDD) in maintaining the integrity of the state ETPL.
This document contains detailed information on initial and continued eligibility requirements,
and the roles and responsibilities of the Local Boards, and the EDD in maintaining the integrity
of the state ETPL and the quality of the training programs offered on it.
B. Allowable Types of Training Services
The following are the allowable types of training for the Workforce Innovation and Opportunity
Act (WIOA) Title I program:
a. Occupational skills training, including nontraditional employment.
b. On -the -Job Training (OJT).
c. Incumbent Worker Training (IWT).
d. Programs that combine workplace training with related instruction, which may include
cooperative education programs.
e. Training programs operated by the private sector.
f. Skill upgrading and retraining.
g. Entrepreneurial training.
h. Job readiness training provided in combination with the training services described in (a)
through (g) above.
L Adult education and literacy activities, including activities of English language acquisition
and integrated education and training programs, provided concurrently or in
combination with services provided with the training services described in (a) through
(g) above.
j. Customized training conducted with a commitment by an employer, or group of
employers, to employ an individual upon successful completion of the training.
While all of the above are allowable training services under WIOA, service types b, c, and j are
not required to be on the ETPL.
C. State and Local ETPLs
Local Boards and the EDD are responsible for working together to identify ETPs for the state
ETPL. The state ETPL creates a pool of ETPs that Local Boards can utilize to establish their local
ETPL. In California, the state ETPL is called the California (CA) ETPL.
Each Local Board must maintain a local list of training providers and programs. Local Boards
may add additional local requirements for providers and/or programs (except for
WSD21-03 Page 2 of 21
ETPL POLICY AND PROCEDURES ATTACHMENT 1
apprenticeship programs) to be eligible on the local ETPL. Local Boards must include all CA ETPL
approved apprenticeship programs on their local ETPL. Adding additional local requirements
may result in providers that are on the CA ETPL, but may not be eligible for inclusion on the
local ETPL. While additional requirements may be added for the local ETPL, Local Boards may
only include training providers on their list that are approved for the CA ETPL.
If the Local Board is reviewing provider and/or program applications for inclusion on the ETPL,
the Local Board must conduct the state eligibility review first, and then determine eligibility for
inclusion on their local ETPL. When conducting the state eligibility review, the Local Board must
do so using only the state's requirements, and not the Local Board's additional requirements.
Local Boards that do not add additional requirements must include all of the
providers/programs on the CA ETPL on their local ETPL, whereas Local Boards with additional
requirements may have a subset of the state list as depicted in the diagram below:
Note — Providers on the local ETPL must be on the CA ETPL.
Note —Additional functionality is being added to the CaIJOBSsM system to enable Local Boards
to identify the training providers and programs approved for their local ETPL.
D. Local Board Policy
Each Local Board must develop local policies that provide sufficient consumer protection and
oversight of training providers. These policies must meet the minimum requirements of the
procedures outlined in this Directive, and may include additional requirements as deemed
appropriate by the Local Board. Such policies must include, but are not limited to, processes
that achieve the following:
Ensure participants can avail themselves of, and are made aware of,
grievance/complaint procedures. Please reference Workforce Services Directive WIOA
Grievance and Complaint Resolution Procedures (WSD18-05) for guidance.
• Recover WIOA training funds. Please reference Recovery of WIOA Tuition and Training
WSD21-03 Page 3 of 21
ETPL POLICY AND PROCEDURES ATTACHMENT 1
Refunds (WSD19-10) for guidance on recovering training funds.
• Outline any additional eligibility requirements providers and/or programs (except
apprenticeship programs) must meet to be listed on the local ETPL.
o These requirements must support the creation of a list that ensures provider
performance, job -driven training, informed consumer choice, continuous
improvement, and cost-effective investment of public funds.
o Requirements may include, but are not limited to:
■ Additional performance requirements.
■ Program location.
■ Accreditation requirements.
■ Cost.
• Include the timeline for initial and continued eligibility review for inclusion on the local
ETPL.
Continued eligibility review for the CA ETPL must be completed annually, and
review for the local ETPL must be completed at least once every two years.
Within the federally required timeline in the previous bullet, Local Boards have
discretion on when they conduct initial and continued eligibility for inclusion on
the local ETPL. The following are just a few examples of options for local review:
■ Review entire local ETPL every two years.
■ Review each provider/program annually.
■ Review on the anniversary of when the provider/program established
continued eligibility on the local ETPL.
• Process for delisting training provider/programs from the local ETPL.
Provide comparable training opportunities if the training provider goes out of business.
If the training provider is a Bureau of Private Postsecondary Education (BPPE) approved
provider, the policy should include the requirement to coordinate with BPPE's Office of
Student Assistant Relief.
Ensure training programs lead to at least one of the following: 1) credentials and/or
certificates valued by employers, or 2) training -related employment as a result of
gaining measurable technical skills for a specific occupation. This requirement ensures
that training programs lead to high -quality jobs, as described in the California Unified
Strategic Workforce Development Plan. Job quality serves the workforce development
system and broader public sector by protecting investments in training. Please see ETPL
Definitions (Attachment 2) for a definition of a postsecondary credential, as well as a
definition of a training program that leads to employment.
o Please note, a program on the ETPL that only leads to employment will
negatively affect a Local Board's Credential Attainment rate, since all individuals
in an education or training program are included in the measure. Please refer to
CaIJOBS Activity Codes (WSD19-06) Attachment 3 for a list of activity codes that
place individuals into the Credential Attainment performance measure.
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ETPL POLICY AND PROCEDURES
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Verify and document participant attendance at regular intervals throughout the length
of the training program. Per WSD19-10, the Local Board should check with the training
provider to ensure clients are still in the training program each month. If not able to
check monthly, the Local Board must check at least quarterly.
Require providers to maintain sufficient records and to make these records available
for monitoring or audit by either the Local Board and/or the state.
• Ensure there are no conflicts of interest between the Local Board and the provider,
which includes, but is not limited to the following:
o A prohibition on the payment of referral fees by training providers to Local
Board staff, including America's Job Center of California" (AJCC) operator staff.
o Decisions made by the Local Board regarding ETPs and their programs is in
compliance with WIOASection 107(h).
• Outline the requirement of the Local Board to keep all training provider and program
eligibility documents (either physical or electronic), and the process to provide them to
the EDD within five business days, if requested.
• Explain the Local ETPL Coordinator's responsibilities, which, at minimum, must include
the following:
o Requirement to provide technical assistance to all training providers with
programs located within the Local Workforce Development Area (Local Area)
seeking to be listed on the CA ETPL.
o Requirement for reviewing and approving or denying providers and programs
for initial eligibility in a timely manner:
■ The review must include eligibility for the CA ETPL that meets
requirements outlined in this Directive.
■ The review must include eligibility for the local ETPL that meets
requirements outlined in the Local Board's local ETPL policy.
o Requirement for reviewing and approving or denying providers and programs
for continued eligibility in a timely manner:
■ The review must include eligibility for the CA ETPL that meets
requirements outlined in this Directive.
■ The review must include eligibility for the local ETPL that meets
requirements outlined in the Local Board's local ETPL policy.
o Method and timeline for notifying providers if they or their program(s) are
removed from the CA and/or local ETPL.
• Describe the appeal process that meets the requirements outlined in this Directive.
In addition, Local Board policies shall include the following for training providers who are
deemed exempt per California Education Code (CEC) Section 94874, and are not regionally
accredited by an accrediting institution:
• Verification of the instructor's credentials or experience.
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ETPL POLICY AND PROCEDURES ATTACHMENT 1
• Ensure the financial stability of the training provider.
• Annual inspection of the schools or training programs.
• Ensure actual instruction is taking place.
• Ensure instructional equipment and instruction meet current industry standards.
Local Boards may delegate their responsibility of the ETPL to another Local Board to act on
their behalf in making nominations for training providers and programs to be listed on the
CA ETPL, and the creation of their local ETPL. To delegate, or cancel an existing delegation,
please complete and submit the ETPL Local Board Delegation and Cancelation Form
(Attachment 3). Any Local Boards that delegate their ETPL responsibilities to another Local
Board must complete this form annually between July 15C and July 30th. Due to the signature
requirement (physical or electronic signature), this form should be emailed as an
attachment.
E. Consumer Choice
Training services must be provided in a manner that maximizes informed consumer choice in
selecting an eligible provider and program. Each Local Board must make the local ETPL available
to customers. Additionally, the Local Board must make available information identifying ETPs
for OJT, customized training, and IWT.
After consultation with a career planner, an individual who has been determined eligible for
training services may select an ETP from the Local Board's local ETPL. Unless the program has
exhausted training funds for the program year, the Local Board must refer the individual to the
selected provider, and establish an Individual Training Account (ITA) for the individual to pay for
training. A referral may be carried out by providing a voucher or certificate to the individual to
obtain training. The cost of the referral of an individual with an ITA to a training provider is paid
by the applicable Adult, Dislocated Worker, or Youth program.
F. CA ETPL Application Process
For a provider to be listed on the CA ETPL, the provider must have its information entered into
the CalJOBS ETPL module. It is the Local ETPL Coordinator's role to provide assistance and
guidance to training providers who register in CaIJOBS. Once all necessary information is
entered, the Local ETPL Coordinator must review and nominate the training provider and/or
program to the State ETPL Coordinator for inclusion on the CA ETPL ensuring all information
provided is complete, accurate, and current, and is in alignment with this Directive.
The EDD will review applications for the CA ETPL within 30 days of receipt from the Local
Board.
WSD21-03 Page 6 of 21
ETPL POLICY AND PROCEDURES
ATTACHMENT 1
Once the provider and/or program is approved and included on the CA ETPL, the Local Board
must review, and approve or deny the training provider for inclusion on their local ETPL
ensuring all information is in alignment with their Local Board policy.
ETPL Application Process by Provider Category
1. In -State Training Provider
All training providers that have a training site(s) in CA and wish to be listed on the CA
ETPL are required to be registered in CaIJOBS. The training provider shall provide all the
training provider information required in the CaIJOBS ETPL module. The training
provider must upload a signed CA ETP Assurances Form (Attachment 4) to the
documents section of the Provider Profile in CaIJOBS.
If the in -state training provider is a Department of Labor (DOL) Registered
Apprenticeship or California Department of Industrial Relations (DIR), Division of
Apprenticeship Standards (DAS) approved apprenticeship, please see the Training
Provider Initial Eligibility section below.
Local Boards must review and nominate a provider headquartered in their Local Area
for the CA ETPL if the provider meets state eligibility requirements. If a provider has
multiple locations, the Local Board(s) in the area of the provider locations must
nominate the program(s) to the State ETPL Coordinator.
2. Distance Education Training Providers
All Distance Education training providers that wish to be listed on the CA ETPL are
required to be registered in CaIJOBS. The training provider shall provide all the training
provider information required in the CaIJOBS ETPL module. The training provider must
upload a signed CA ETP Assurances Form (Attachment 4) to the documents section of
the Provider Profile in CaIJOBS. The State ETPL Coordinator will determine if a Distance
Education training provider is eligible to be on the CA ETPL using the eligibility criteria
in this Directive. If a Local ETPL Coordinator is contacted by a Distance Education
training provider, the provider should be referred to wsbetpl@edd.ca.gov for
assistance.
3. Out -of --State Training Providers
All training providers, other than Distance Education training providers, that have
training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards
cannot utilize an ITA with out-of-state training providers unless leveraging an approved
ETPL reciprocal agreement. Please see ETPL Reciprdcal Agreements (WSD22-08) for
more information on the use of approved agreements.
Please reference the CaIJOBS ETPL Module Guide Card (located on the Staff Online Resources
page in CaIJOBS) for detailed information on the CaIJOBS process for registering new training
providers.
WSD21-03 Page 7 of 21
ETPL POLICY AND PROCEDURES
ATTACHMENT 1
G. CA ETPL Initial Eligibility
Training Provider Initial Eligibility Criteria
Initial eligibility applies to providers previously not listed on the CA ETPL under the WIOA or the
Workforce Investment Act of 1998 (WIA). The initial eligibility period is one year (365 days). The
Local ETPL Coordinator is responsible for reviewing the training provider's initial eligibility prior
to nominating for inclusion on the CA ETPL.
The following institution types are eligible for inclusion on the CA ETPL:
1. Adult education secondary schools, as long as the activities are provided in combination
with occupational skills training.
2. Pre -apprenticeship and apprenticeship providers.
3. Private postsecondary institutions.
4. Public postsecondary institutions.
The initial eligibility process for each for the training provider types listed above is based on the
following:
1. Adult Education Secondary Schools
Training providers must be an eligible provider of adult education and literacy activities
under Title II of WIOA. Adult education and/or literacy activities must be offered
concurrently, or in combination with,'occupational skills training. A list of Title II
providers can be found on the California Department of Education (CDE) website.
2. Pre -apprenticeship and Apprenticeship Providers
a. Pre -apprenticeship Provider
Training providers must have a letter of commitment from a DOL registered or
DIR DAS approved apprenticeship program. To be listed on the CA ETPL, the
pre -apprenticeship program must award an industry -recognized credential or
certificate. The state will not enter information on pre -apprenticeship training
programs; this information will be entered by Local Boards, if necessary.
Pre -apprenticeship programs are considered Individualized Career Services
under WIOA, and thus are not required to be on the ETPL. Pre -apprenticeship
programs that do not result in an industry -recognized credential or certificate
cannot be listed on the ETPL; however, those pre -apprenticeship programs that
do provide an industry -recognized certificate or credential can be listed on the
ETPL and used in conjunction with an ITA. The California Workforce
Development Board (State Board) and each Local Board must ensure that
federal WIOA funds awarded for pre -apprenticeship training in the building and
construction trades fund programs and services that follow the Multi -Craft Core
Curriculum (MC3) implemented by the CDE and that develop a plan to help
increase the representation of women in those trades. WIOA prohibits Title I
funds from being used for "construction, purchase of facilities or buildings, or
other capital expenditures for improvements to land or buildings except with
WSD21-03 Page 8 of 21
ETPL POLICY AND PROCEDURES ATTACHMENT 1
prior approval."
b. DOL Registered Apprenticeships and DIR DAS Approved Apprenticeships
DOL registered apprenticeships and DIR DAS approved apprenticeships are
automatically eligible to be listed on the CA ETPL and do not have any eligibility
requirements. The state will reach out to new apprenticeship programs to
inform them of the opportunity to join the CA ETPL. If the provider opts into the
ETPL, the apprenticeship program will be placed on the ETPL by the state.
The State Board and Local Boards shall, to the maximum extent feasible,
coordinate their pre -apprenticeship and apprenticeship training programs with
one or more DIR DAS approved apprenticeship for the occupation and
geographic area.
3. Private Postsecondary Institutions (for -profit or non-profit)
Training providers be must be accredited by the Accrediting Commission for Schools
(ACS) Western Association of Schools and Colleges (WASC); the WASC Senior College
and University Commission (WSCUC); have current BPPE Approval to Operate; current
Verification of Exemption by BPPE; or are deemed exempt per California Education
Code (CEC) Section 94874.
Note that providers who are deemed exempt are not required to have a Verification
of Exemption. However, if EDD is unable to determine the specific exemption that the
provider falls under, then EDD reserves the right to request that the provider obtain a
Verification of Exemption from the BPPE.
Providers that fall under exemptions (a), (d), (f), or (h) of CEC Section 94874 are not
eligible for the ETPL.
A Distance Education provider without a physical presence in California that offers
postsecondary distance education to California students for a fee must be registered
with the BPPE. Private Distance Education higher education institutions that are
degree granting, non-profit, and accredited are not required to register with BPPE,
but must be accredited by the ACS WASC, the WSCUC, or an agency recognized by the
U.S. Department of Education. For more information on the BPPE Out -of -State
Institution registration, please see the BPPE Out -of -State Institution Registration
webpage.
For a directory of accredited schools, please visit ACS WASC and WSCUC.
For more information regarding BPPE Approval to Operate, or current Verification of
Exemption, please visit the BPPE website. If the training provider has a BPPE Approval
to Operate, Verification of Exemption, or Out -of -State Institution Registration, the
document must be uploaded to the documents section of the Provider Profile in
CaIJOBS.
4. Public Postsecondary Institutions
a. Public Postsecondary Community Colleges
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ETPL POLICY AND PROCEDURES
ATTACHMENT 1
Training providers must be accredited by the WASC Accrediting Commission
for Community and Junior Colleges (ACCJC). The following website can be
utilized to search for the WASC ACCJC accredited colleges: WASC ACCCC.
For public postsecondary community colleges not WASC ACCJC accredited, but
are currently in the initial accreditation process, the Local Board can nominate
the training provider, and the State Board and the EDD will determine
whether the community college meets the training provider initial eligibility
criteria.
b. CA State University (CSU) and University of CA (UC)
Training providers must be accredited by the WSCUC. The following website
can be utilized to search for WSCUC accredited colleges: WSCUC.
In addition to the above requirements, all training providers (with the exception of
apprenticeship programs) must meet the following:
All training providers are subject to the Equal Opportunity and Nondiscrimination
requirements found in Section 188 of WIOA. All Local Boards must ensure a training
provider is in compliance prior to nominating the training provider to be on the CA
ETPL. Equal Opportunity and Non -Discrimination procedures should be posted at the
AJCC and approved training providers' facilities, and provided to each participant upon
enrollment in a CA ETPL training program. It is critical for Local Boards to utilize EDD-
provided monitoring tools to evaluate the providers, and to upload appropriate
documents to the Documents section of the Provider Profile in CaIJOBS. It is also
important to note that all site locations for a provider must be in compliance with
WIOA Section 188. For more information, refer to Nondiscrimination and Equal
Opportunity Procedures (WSD17-01).
Provide information supporting the provider's partnership with business. This may
include information about the quality and quantity of employer partnerships.
• Enter program(s) of training services into CaIJOBS. The training provider should only
enter the program(s) desired to be on the CA ETPL. If the program is offered with
multiple modes of delivery, curriculum, or course lengths, the program must be
entered separately for each variation. Please reference ETPL Definitions (Attachment 2)
for the definition of a Training Program.
• A signed copy of the CA ETP Assurances Form (Attachment 4) is uploaded to the
Documents section of the Provider Profile in CaIJOBS. This form must be uploaded
annually, prior to the provider being reviewed for eligibility.
Once the training provider completes the CA ETPL application on CaIJOBS, the Local ETPL
Coordinator is responsible for reviewing the provider's information and either denying their
inclusion on the CA ETPL, or nominating them for review by the State ETPL Coordinator
through the CaIJOBS approval process. The Local ETPL Coordinator must review and nominate,
or deny a training provider profile within 30 days of the completed application date.
WSD21-03 Page 10 of 21
ETPL POLICY AND PROCEDURES
ATTACHMENT 1
The Local Board that contains the headquarters of the provider is responsible for nominating
the provider profile. Please reference the Approval or Denial of Training Provider/Program
section of this attachment for additional information.
Training Program Initial Eligibility Criteria
Initial eligibility applies to a program previously not listed on the CA ETPL under the WIOA or
the WIA. The initial eligibility period is one year (365 days). After a training provider meets the
training provider initial eligibility criteria listed above, been nominated by the Local Board, and
approved by the State ETPL Coordinator, each individual training program must meet the
following requirements to be listed on the CA ETPL:
The training program must be for occupations in in -demand industry sectors identified
by the state, region, or Local Board. In -demand or priority industry sector information
must be verified with the State Board and/or Local Board.
• The training program provides training services that lead to an industry -recognized
credential, national or state certificate, or degree, including all industry appropriate
competencies, licensing and/or certification requirements, or employment in a specific
occupation after receiving measurable technical skills. Please note the training program
does not have to issue the credential, but the training program should prepare the
individual to obtain the credential. For example, a Class A Truck Driving program does
not issue the Class A driver's license, but it should prepare the individual to pass the
state -issued exam to obtain the license. For more information on if a training leads to
an industry -recognized credential, please see DOL's Credential Attainment Decision
Tree.
• The cost in the Cost Details tab in the program wizard should match the cost of a
member of the general public enrolling in the program without assistance from WIOA.
This information should be available in the provider's brochure or website. If the Local
Board works out a different cost with the provider, then the cost information in the
training activity code will need to be updated to reflect the different cost.
• The mode of instruction, and class schedule(s) are consistent with the provider's
advertised brochure/website. If a program is offered with multiple modes of instruction
(e.g., online and in -person) or durations, the program needs to be entered separately
for each variation.
• For providers with a BPPE Approval to Operate, the training program and its location
are BPPE approved'.
• For WASC accredited training providers where the program's instruction and/or
curriculum development is entirely sub -contracted to another entity or third party
vendor, the training provider directly receiving tuition and related instruction fees
' For providers with a BPPE Approval to Operate, not all BPPE training programs are
automatically eligible to be listed on the CA ETPL.
WSD21-03 Page 11 of 21
ETPL POLICY AND PROCEDURES
ATTACHMENT 1
(e.g., ITA) must meet the requirements outlined in this directive, and register in
CaIJOBS as a provider. See ETPL Definitions (Attachment 2) for the definition of third -
party subcontracting and what is considered allowable.
• Program must provide and meet the following performance metrics based on
aggregate data for all students in the program to ensure the program supports the
ability for the individual to obtain an industry -recognized postsecondary credential,
and/or employment upon completion of the program. The provider must provide
performance data for the prior complete program year (July 1—June 30).
c Public Postsecondary Community Colleges, CSUs, UCs, and Adult Education
Secondary Schools are required to provide performance information for
consideration of placement on the CA ETPL, but due to heavy state oversight,
investment, and the inability to capture true program outcome data, these
institution types are not required to meet a specific performance threshold to
be listed on the CA ETPL. The following performance data must be provided and
listed in CaIJOBS:
■ Of individuals that exited the program, the percentage who successfully
completed the training program (did not withdraw or transfer out of the
program).
■ Of individuals that successfully completed the training program, the
percentage who are employed within six months of graduating from the
training program. For occupations for which the state requires passing
an examination, the six month period begins after the announcement of
the examination results for the first examination available after a
student completes the program.
o Private Postsecondary Institutions are required to meet and provide the
following performance data in CaIJOBS:
■ Of individuals who exited the program, 50% successfully completed the
training program (did not withdraw or transfer out of the program).
■ Of individuals who successfully completed the training program, 50% are
employed within six months of graduating from the training program.
For occupations for which the state requires passing an examination, the
six month period begins after the announcement of the examination
results for the first examination available after a student completes the
program.
Please note —Apprenticeship programs are not subject to program initial eligibility criteria.
Once the training provider enters the program into CaIJOBS, the Local ETPL Coordinator is
responsible for reviewing the program information and either denying their inclusion on the CA
ETPL, or nominating them for review by the State ETPL Coordinator through the CaIJOBS
approval process. The Local ETPL Coordinator must review and nominate, or deny a training
program within 30 days of the completed application date.
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ETPL POLICY AND PROCEDURES
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The Local Board where the program is located is responsible for nominating the program.
Please reference the Approval or Denial of Training Provider/Program section of this
attachment for additional information.
For more information regarding the training provider and program initial eligibility process,
please refer to the CA ETPL Training Provider and Program Determination Flowchart
(Attachment 5).
H. CA ETPL Continued Eligibility Criteria
Training Provider Continued Eligibility Criteria
Continued eligibility applies to all training providers listed on the CA ETPL at any time under
the WIOA or WIA, and whose initial eligibility has expired. A training provider's initial and
continued eligibility is valid for 365 days after the provider is approved for the ETPL. Since
providers can be reviewed year-round, all active training providers on the CA ETPL will be
evaluated annually by the EDD no earlier than 60 days, and no later than 30 days prior to the
provider's eligibility expiration date to ensure they continue to meet eligibility to be retained
on the CA ETPL. To determine continued eligibility, the EDD must verify that the training
provider continues to meet the requirements outlined in the Training Provider Initial Eligibility
Criteria section of this Directive. DOL registered apprenticeships and DIR DAS approved
apprenticeships do not have any continued eligibility requirements and will remain on the
ETPL. It is recommended that apprenticeships update their program information annually.
In addition, providers on the CA ETPL for two full program years (July 1— June 30) must have
at least one Title 1, subtitle B enrollment during the previous two program years. If removed
due to enrollment requirements, a provider must wait six (6) months from removal to submit
their ETPL application for reinstatement and will not be held to the enrollment requirement
when determining continued eligibility for placement back onto the list.
Training Program Continued Eligibility Criteria
Continued eligibility applies to all training programs listed on the CA ETPL at any time under
the WIOA or WIA and whose initial eligibility has expired. A training program's initial and
continued eligibility is valid for 365 days after the program is approved for the ETPL. Since
programs can be reviewed year-round, all active training programs on the CA ETPL will be
evaluated annually by the Local Board no earlier than 60 days, and no later than 30 days
prior to the program's eligibility expiration date to ensure they continue to meet eligibility to
be retained on the CA ETPL.
Training providers must reapply for WIOA program certification using CaIJOBS. All applications
for continued eligibility of training programs will be evaluated as they are received, by the
Local Board and EDD, to ensure they continue to meet eligibility to be retained on the CA ETPL.
The Local Board where the program is located is responsible for evaluating the program.
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After a training provider has met the training provider continued eligibility criteria listed
above, each individual training program must meet the following requirements to retain their
listing on the CA ETPL:
■ Training program information is reviewed and updated in CaIJOBS.
Training program meets all requirements outlined above in the Training Program Initial
Eligibility Criteria section of this attachment.
CA ETPL training programs must meet performance metrics to retain their eligibility on
the ETPL. The EDD will negotiate with DOL to establish yearly performance goals based
on the WIOA primary indicators of performance. For continued eligibility, CA ETPL
training programs (with the exception of apprenticeship programs, Adult Education
programs, Community Colleges, UCs and CSUs) must meet or exceed the performance
metrics required in initial eligibility, as well as the negotiated state -level Title I Adult
performance goals. The EDD will publish the state -level negotiated performance goals
in a Workforce Services Information Notice located on the EDD website. The continued
eligibility performance calculations for each program is based on WIOA participant
performance, and is verified using the federal ETP Report published annually by the
state. Providers are required to collect and submit aggregate performance data for all
students to EDD. The following outlines the performance metrics for continued
eligibility:
o The program must meet the following performance metric for all students for
the most recent complete program year (July 1—June 30):
■ Of individuals who exited the program, 50% successfully completed (did
not withdraw or transfer) the program.
o The program must meet the following performance metrics for WIOA
participants for the most recent complete program year (July 1—June 30)2:
■ Employment Rate 2nd Quarter after Exit meets the state's negotiated
goal for the Title I Adult program.
■ Employment Rate 41^ Quarter after Exit meets the state's negotiated
goal for the Title I Adult program.
■ Median Earnings meet the state's negotiated goal for the Title I Adult
program.
■ Credential Attainment meets the state's negotiated goal for the Title I
Adult program (if applicable).
■ Measurable Skill Gains meets the state's negotiated goal for the Title I
Adult program.
z With the exception of completers, providers will be held accountable for the performance
measures in which two complete years of data is available for their program(s) on the ETP
Report.
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ATTACHMENT 1
Please see CoIJOBS ETPL Module Guide Card (located on the Staff Online Resources page in
CaIJOBS) for instructions on how providers reapply for WIOA program certification in CaIJOBS.
For detailed information regarding the definitions and calculations of the WIOA primary
indicators of performance, please see Performance Guidance (WSD22-01).
Please refer to the CA ETPL Training Provider and Program Determination Flowchart
(Attachment 5) to determine if a training provider and its program(s) meet the continued
eligibility criteria to remain on the CA ETPL.
I. Approval and Denial of Training Provider/Program
Approval of Training Provider/Program
After reviewing to ensure the provider/program meets the eligibility criteria above, the Local
Board can nominate the training provider/program to the state for review. If nominating the
provider to the State ETPL Coordinator, the signed CA ETP Assurances Form (Attachment 4)
must be uploaded to the documents section of the Provider Profile in CaIJOBS.
The State ETPL Coordinator will review providers within 30 days of their nomination by the
Local Board. The EDD will review the provider/program's information to ensure it meets all
initial or continued eligibility requirements outlined in this Directive. If eligible, the State ETPL
Coordinator will approve the provider/program for the CA ETPL, and notify the Local ETPL
Coordinator.
if the Local Board has additional local ETPL eligibility requirements, the Local ETPL
Coordinator must review all CA ETPL approved distance education programs, as well as all in-
state CA ETPL approved programs located in the Regional Planning Unit for inclusion on their
local ETPL.
If the Local Board does not have additional local ETPL eligibility requirements, all approved CA
ETPL programs must be included on the Local Board's local ETPL.
Denial of a Training Provider/Program
After review, if a Local Board determines the training provider/program does not meet the
requirements to be listed on the CA ETPL, the Local Board must inform the training provider in
writing with the reason(s) for the denial, and provide information on the Local Board appeal
process within 30 days of receipt of the application. A copy of the written notification provided
to the provider must be uploaded to the documents section of the Provider Profile in CalJOBS
within 10 business days of issuance.
If the Local Board nominates a provider/program to the state for review, but upon review, the
State ETPL Coordinator denies the training provider/program listing on the CA ETPL, the EDD
must inform the Local Board of the denial and the reason(s) for the denial within 30 days of
receipt of the nomination. The Local Board must in turn inform the training provider in writing
with the reason(s) for the denial, and information on the Local Board appeal process within 30
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ETPL POLICY AND PROCEDURES ATTACHMENT 1
days of receipt of the EDD's decision. A copy of the written notification provided to the provider
must be uploaded to the document section of the Provider Profile in CaIJOBS within 10 business
days of issuance.
If the training provider is able to rectify the issue that caused the denial, the Local Board can
review the information and resubmit to the State ETPL Coordinator for review. For example, if a
provider is denied solely because the CA ETPAssurances Form (Attachment 4) was not
uploaded to CaIJOBS, the State ETPL Coordinator would notify the Local Board, which would
notify the provider. The Local Board can then nominate the provider again once the form is
uploaded to CaIJOBS.
The training provider's request to be on the CA ETPL must be denied if the training provider
fails to provide complete information, intentionally provides inaccurate information, or has
substantially violated any WIOA requirement(s). If the EDD, in consultation with the nominating
Local Board, determines a training provider intentionally supplied inaccurate information or
violated any WIOA requirement(s), the EDD or the Local Board shall deny the training provider's
application for the CA ETPL, and the training provider is not allowed to be reconsidered for
inclusion on the CA ETPL for at least two years.
If approved for inclusion on the CA ETPL, but the Local ETPL Coordinator determines the
training provider/program does not meet their local ETPL requirements, the Local Board must
inform the training provider in writing with the reason(s) for the denial, and information on the
Local Board appeal process within 30 days of receipt of the application. A copy of the written
notification provided to the provider must be uploaded to the documents section of the
Provider Profile in CaIJOBS within 10 business days of issuance.
J. Del !sting Training Providers/Programs
To ensure the integrity of the CA ETPL, the Local Board or the EDD will remove a training
provider or program from the CA ETPL at any time for the items below:
The training provider will be immediately removed from the CA ETPL for any of the
following reasons until such time as they meet continued eligibility. A provider who has
been removed from the list for any of the following reasons is liable to repay all Adult
and Dislocated Worker training funds received during the period of noncompliance:
a. The training provider has lost its accreditation or its approval to operate from
its regulating agency.
b. A private postsecondary training provider no longer meets the exempt criteria
per CEC Section 94874, or the provider's Verification of Exemption by BPPE (if
required by the EDD) expired or is revoked, and the provider does not have a
new Verification of Exemption, or BPPE Approval to Operate.
c. The nonprofit Community Based Organization no longer qualifies under Section
501(c)(3) of the Federal Internal Revenue Code.
d. The apprenticeship program is no longer registered with the DOL under the
National Apprenticeship Act, or is no longer approved by DIR DAS. The State
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ETPL Coordinator is responsible for removing apprenticeship programs.
e. The pre -apprenticeship program no longer has a Letter of Commitment from a
DOL registered or DIR DAS approved apprenticeship program, or no longer leads
to an industry -recognized postsecondary credential.
f. It is determined the provider sub -contracted instruction of the program to
another entity without approval from WASC or BPPE. See ETPL Definitions
(Attachment 2) for the definition of third -party subcontracting.
g. The provider is not in compliance with WIOA Section 188.
2. A training provider will be immediately removed from the CA ETPL for a period of no
less than two years for any of the reasons listed in this section. A provider who has
been removed from the list for any of the following reasons is liable to repay all Adult
and Dislocated Worker training funds received during the period of noncompliance:
a. The state identifies the Local Board and training provider are participating in
pay -to -play activities (commonly known as kickbacks) that include, but are not
limited to: the Local Board received monetary or gift exchanges for (or in the
hope for) referrals to a specific training provider, and/or exchanges of money or
gifts to have the training provider listed on ETPL. As part of the annual on -site
monitoring of Local Boards, if it is determined the Local Board is engaging in
pay -to -play activities, a corrective action is required, and failure to take timely
action to be in compliance may result in decertification of the Local Board
involved.
b. It is determined the training provider falsely reported information.
c. The training provider substantially violated a provision of Title I of WIOA, or its
implementing regulations.
d. The training provider's top level leadership (e.g., owner, CEO, Director, etc.) is
convicted of violating any federal or state law associated to the operation of the
institution.
The EDD, in coordination with the Local Board, can remove a provider for any of the
following reasons. Reactivation to the list is at the discretion of the State ETPL
Coordinator and the Local Board:
a. It is determined the provider is not serving or providing value to WIOA
participants, and is listed on the CA ETPL solely for other purposes, such as the
utilization of Workers' Compensation Supplemental Job Displacement Benefit
vouchers.
b. The provider has not served at least one Title I, subtitle B enrollment during the
previous two program years. See "Training Provider Continued Eligibility
Criteria" for requirements to be reinstated to the ETPL.
c. The provider's CalJOBS profile and/or program information is inaccurate or
incomplete.
d. The training provider has not demonstrated a good faith effort in providing the
ETP Report data to the EDD.
e. The provider no longer wishes to be listed on the CA ETPL.
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ETPL POLICY AND PROCEDURES
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4. In an effort to safeguard WIOA funds, the training provider will be suspended from
the CA ETPL if the training provider is under any federal, state, or local investigation.
During the period of suspension, no new enrollments may occur, but the training
provider can continue to serve existing WIOA funded enrollments. Once the
investigation is complete, a review of the findings by the state will determine if the
provider can be reinstated to the CA ETPL.
If a training provider/program is removed from the CA ETPL, the EDD must inform the Local
Board of the denial and the reason(s) for the delisting within 30 days of the removal. The Local
Board must in turn inform the training provider in writing with the reason(s) for the delisting,
and provide information on the Local Board appeal process within 30 days of receipt of the
EDD's decision. A copy of the written notification provided to the provider must be uploaded
to the document section of the Provider Profile in CaIJOBS within 10 business days of issuance.
All training provider/programs removed from the CA ETPL must be removed from the local
ETPL immediately upon notification from the EDD, as any new enrollments into a training
program not eligible to be on the CA ETPL will result in disallowed costs.
It is the responsibility of the EDD and the Local Board to work together to ensure any
participants currently enrolled in a training program removed under items 1 and 2 experience
minimal disruption. If the training provider or program is removed due to items 1, 3, or 4, any
participants already enrolled (attended at least one day of instruction) can continue
participation in the program until the training is complete, but no new enrollments may occur.
Please see WSD19-10 for additional information regarding the recovery of training funds.
K. Placing Delisted Training Providers/Programs Back on the ETPL
Requests to be placed back on the CA ETPL must be submitted through the Local Board (unless
the provider is a Distance Education or apprenticeship program). The training provider and
program(s) must meet all criteria outlined in the CA ETPL Continued Eligibility Criteria section
of this attachment to be placed back on the CA ETPL.
If the training provider is removed for item 2 of the Delisting Training Providers/Programs
section of this directive, two years must have passed from the time of their removal before
they can be placed back onto the CA ETPL.
If the training provider is removed for item 3(b) of the Delisting Training Providers/Programs
section, the provider must wait 6 months from the date of removal before submitting an ETPL
application for reinstatement.
L. Appeals
Appeals to the Local Board
Each Local Board must have a written appeal process for the CA and local ETPL that includes
the following required provisions:
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ETPL POLICY AND PROCEDURES
ATTACHMENT 1
Instructions for a training provider wishing to appeal a decision. The training provider
must appeal to the Local Board in writing within 30 days of the issuance of the denial or
delisting notice. The appeal must include a statement of the desire to appeal,
specification of the training program(s) in question, the reason(s) for the appeal (i.e.,
grounds), documentation supporting the grounds for the appeal, and the signature of
the appropriate training provider official.
• An initial informal meeting between the Local Board staff and the training provider. The
purpose of this meeting is to identify if there is a simple solution to resolve the dispute.
The opportunity for training providers to have a hearing. The hearing officer shall be an
impartial person. The hearing officer shall provide written notice to the concerned
parties of the date, time, and place of the hearing at least ten calendar days in advance
of the scheduled hearing. Both parties shall have the opportunity to present oral and
written testimony under oath, to call and question witnesses, request documents
relevant to the proceedings, and have legal representation.
• The hearing officer's final decisions must be made within 60 days of receipt of the
appeal, and the training provider and the Local Board notified in writing of the final
decision.
A copy of the final decision must be emailed to the State ETPL Coordinator
(wsbetpl@edd.ca.gov), and the Local ETPL Coordinator must upload the final decision
to the Provider Profile section of CaIJOBS.
Appeals to EDD
Distance Education and Apprenticeship programs can appeal directly to the EDD. All other
training provider may appeal to the EDD only if the local appeal process has been exhausted,
and the provider is dissatisfied with the Local Board's final decision.
A training provider wishing to appeal a Local Board's decision must submit a written
appeal to the EDD within 30 days from the date of the Local Board's final decision. The
request for appeal must include a statement of the desire to appeal, specification of
the training program in question, the reason(s) for the appeal (i.e., grounds), Local
Board's final decision document, and the signature of the appropriate training provider
official. The appeal should be sent to: wsbetpl@edd.ca.gov.
• The EDD will promptly notify the appropriate Local Board when the EDD receives a
request for appeal and when a final decision has been rendered.
• The EDD will review appeals received, make a decision, and notify the training provider
and the Local Board.
• The EDD will upload the state's final decision to the Provider Profile in CaIJOBS.
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ATTACHMENT 1
M. Maintenance of the CA ETPL
The EDD is responsible for the maintenance and publishing of the CA ETPL. Local Boards, in
turn, are responsible for ensuring all of their A1CC locations have access to the most recent
version of the CA and local ETPLs. Local Boards may include additional performance,
occupational, and/or industry data to augment the CA ETPL listings on their local ETPL.
Local Boards, job seekers, and training providers have access to the CA ETPL on CaIJOBS by
clicking the Access California's ETPL and Apprenticeship Providers link from the homepage, or by
clicking More Career Services, and then Education Services section.
N. ETP Report
The WIOA requires the state to submit an ETP Report with the federal WIOA Annual
Performance Report on October 15t utilizing a template developed jointly by the DOL and U.S.
Department of Education. This report includes all WIOA and non-WIOA participants served by
each training program listed on the CA ETPL3. The DOL has made the ETP Report data available
to the public via trainingproviderresults.gov.
The ETP Report gathers critical information, including the employment, earnings, and
credentials obtained by participants in the training program. This information will be widely
disseminated to assist participants and members of the general public in identifying effective
training providers and programs. This information will also benefit the training provider by
providing awareness of their program, and serving as a tool to potentially enhance their
programs.
All training providers are required to electronically submit the program participant data
outlined in the CA ETPAssurances Form (Attachment 4). The state recognizes the reporting
burden this causes, and understands the data limitations, so the state will work with training
providers based on the available data provided.
Data reporting for the annual ETP Report will be a phased approach with the state working
collaboratively with Local Boards, and training providers to obtain the required information.
Training providers that demonstrate a good faith effort in providing data will not be subject to
removal from the ETPL; however, failure to provide any data may result in removal from the CA
ETPL. Performance data from the ETP Report will be used for continued eligibility review of all
training programs, excluding DOL registered or DIR DAS approved apprenticeships.
O. Technical Assistance and Resources
Technical assistance will be provided by BPPE, DIR DAS, Local ETPL Coordinators, and EDD on
respective application processes, compliance requirements, and reporting documents. Each
Local Board must identify a Local ETPL Coordinator(s) using the Local ETPL Coordinator Contact
3 Apprenticeship programs are excluded from this requirement.
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ATTACHMENT 1
Form (Attachment 6). The Local Board must provide an updated form if the Local ETPL
Coordinator changes, or if the existing coordinator's information changes.
Training Providers
Training providers may contact the Local ETPL Coordinator in their area with questions
regarding the application process and eligibility (initial and continued). For basic ETPL
information and a list of Local ETPL Coordinators, refer to the EDD's Eligible Training Provider
List located on the EDD website.
Private postsecondary training providers can obtain assistance from the BPPE through technical
assistance workshops (BPPE Application Workshop and BPPE Compliance Workshop), which
assists training providers in completing the BPPE Annual Reports, and online reporting tools.
Apprenticeship providers that are registered with either the US DOL or CA DIR DAS and wish to
be added to the ETPL should contact the State ETPL Coordinator by email: wsbetpl@edd.ca.gov.
Local ETPL Coordinators
Local ETPL Coordinators can communicate with the State ETPL Coordinator by email:
wsbetpl@edd.ca.gov.
The EDD will coordinate webinars and trainings as necessary. Announcements related to the CA
ETPL will be made via email to the Local ETPL Coordinators.
The CaIJOBS ETPL Module Guide Card (located on the Staff Online Resources page in CaIJOBS)
provides detailed instructions to assist Local Boards with entering programs into the CaIJOBS
ETPL module. The CalJOBS system includes data entry screens and reports, and is the
mandatory method to be used by training providers and Local Boards for transmitting this data
to the state.
For a full list of CalJOBS Activity Codes used to track a participant's training activities, please see
CaIJOBS Activity Codes (WSD19-06).
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ETPL POLICY AND PROCEDURES ATTACHMENT 2
ETPL DEFINITIONS
Apprenticeship Program — All apprenticeship programs that are registered with the U.S.
Department of Labor (DOL), Office of Apprenticeship, or approved by California (CA)
Department of Industrial Relations (DIR) Division of Apprenticeship Standards (DAS), are
automatically eligible to be included on the CA Eligible Training Provider List (ETPL).
Apprenticeship programs are a written plan designed to move an apprentice from a low or no
skill entry-level position to full occupational proficiency. The apprenticeship program is
sponsored by an employer, and upon completing the training program, an apprentice earns a
"Completion of Registered Apprenticeship" certificate, which is an industry -issued, nationally -
recognized credential.
Customized Training —Training that meets the following criteria:
1. Designed to meet the specific requirements of an employer (including a group of
employers).
2. Conducted with a commitment by the employer to employ an individual upon successful
completion of the training.
3. The employer pays a significant portion of the cost of training, as determined by the
Local Workforce Development Board (Local Board) involved, taking into account the size
of the employer and such other factors as the Local Board determines to be
appropriate, which may include the number of employees participating in training, wage
and benefit levels of those employees at present and anticipated upon completion of
the training), relation of the training to the competitiveness of a participant, and other
employer -provided training and advancement opportunities.
Distance Education — Education that uses only one or more of the technologies listed below to
deliver instruction to students who are separated from the instructor, and to support regular
and substantive interaction between the students and the instructor, whether offered
concurrently or not. The technologies include the following:
1. The internet.
2. One-way and two-way transmissions through open broadcast, closed circuit, cable,
microwave, broadband lines, fiber optics, satellite, or wireless communications devices.
3. Audio conferencing.
Eligible Training Provider (ETP) — In order for a training provider to list a program on the ETPL,
the training provider must do the following:
1. Receive funding for training services.
2. Meet the standards and requirements to be a training provider on the ETPL.
3. Provide a program of training services.
4. Be one of the following types of entities:
a. Institution of Higher Education that leads to a recognized post -secondary
credential.
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b. Entities that carry out a training program registered under the National
Apprenticeship Act.
c. Other public or private training providers, which may include the following:
i. Nonprofit Community Based Organization under Section 501(c)(3) of the
Federal Internal Revenue Code.
ii. Joint labor-management organizations.
iii. Eligible training providers of Adult education and literacy activities under
Workforce Innovation and Opportunity Act (WIOA) Title II.
ETPL Training Program Types — In order for a training provider to receive WIOA funds through
an Individual Training Account (ITA), its training program(s) must be listed on the ETPL. These
programs must provide training services, including, but not limited to the following (unless
otherwise noted):
1. Occupational skills training, including training for non-traditional employment.
2. Programs that combine workplace training with related instruction, which may include
cooperative education programs.
3. Training programs operated by the private sector.
4. Skill upgrading and retraining.
5. Entrepreneurial training.
6. Adult Education or Literacy Activities in combination with training services listed above.
7. Apprenticeship and Pre -apprenticeship Skills Training (20 CFR 680.330).
in -demand industry Sector or Occupation — The determination of whether an industry sector or
occupation is in -demand shall be made by the California Workforce Development Board
(CWDB) or Local Board, as appropriate, using state and regional business and labor market
projections. An industry sector is considered in demand if it has a substantial current, or
potential impact (including through jobs that lead to economic self-sufficiency and
opportunities for advancement) on the state, regional, or local economy, and that contributes
to the growth or stability of other supporting businesses, or the growth of other industry
sectors. An occupation that currently has, or is projected to have, a number of positions in an
industry sector so as to have a significant impact on the state, regional, or local economy, as
appropriate.
Occupational Skills Training —An organized program of study that provides specific vocational
skills that lead to proficiency in performing actual tasks and technical functions required by
certain occupational fields at entry, intermediate, or advanced levels.
Postsecondary Credential —An industry -recognized certificate or certification, a certificate of
completion of an apprenticeship, a license recognized by the state or federal government, or an
Associate or Bachelor's degree. A recognized postsecondary credential is based on the
attainment of measurable technical or industry/occupational skills necessary to obtain
employment or advance within an industry/occupation. These technical or
industry/occupational skills are generally based on standards developed or endorsed by
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ETPL POLICY AND PROCEDURES
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employers or industry associations. The following are types of recognized postsecondary
credentials:
• Associate degree.
• Bachelor's degree.
• Occupational licensure (e.g. Certified Nursing Assistant license).
• Occupational certificate, including Registered Apprenticeship and Career and Technical
Education educational certificates.
• Occupational certification (e.g. Automotive Service Excellence certification).
• Other recognized certificates of industry/occupational skills completion sufficient to
qualify for entry-level or advancement in employment.
Certificates awarded by Local Boards and work readiness certificates are not considered
postsecondary credentials because neither type of certificate is recognized industry -wide, nor
documents the measurable technical or industry/occupational skills necessary to gain
employment or advancement within an occupation. Certificates/credentials that provide
general skills, even if such general skills are broadly required to qualify for entry-level
employment or advancement in employment, are not considered postsecondary
certificates/credentials.
The following are examples of credentials/certificates that are not recognized postsecondary
credentials:
• Occupational Safety and Health Administration 10-hour course on job -related common
safety and health hazards (OSHA 10).
• National Career Readiness Certification.
• National Retail Federation Credentials.
• ServSafe Food Handler's Certification.
• Cardio Pulmonary Resuscitation (CPR) Certification.
• Certificates for General Computer Skills (Microsoft Word, Excel, Outlook, etc.).
For an additional resource, the DOL designed an interactive Postsecondary Credential
Attainment Decision Tree to assist in making a determination about whether a credential is
considered an industry -recognized credential. This tool is best used in conjunction with the
information outlined in this directive.
Pre -apprenticeship Program —A program designed to prepare individuals to enter and succeed
in an apprenticeship program, and includes the following elements:
1. Training and curriculum that aligns with the skill needs of employers in the economy of
the state or region involved.
2. Access to educational and career counseling and other supportive services, directly or
indirectly.
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3. Hands-on, meaningful learning activities that are connected to education and training
activities, such as exploring career options, and understanding how the skills acquired
through coursework can be applied toward a future career.
4. A partnership with one or more apprenticeship programs that assists in placing
individuals who complete the pre -apprenticeship program in an apprenticeship
program.
5. Opportunities to attain at least one industry -recognized credential through an
apprenticeship program.
Secondary School Diploma or Recognized Equivalent— CA -recognized diplomas issued by a CA
public school, as well as by private schools accredited by the Western Association of Schools
and Colleges (WASC) or equivalent regional accreditation body. The requirements of a
secondary school diploma are outlined by the California Department of Education (CDE) and
listed on CDE's High School Graduation Requirements webpage.
A secondary school equivalency certification indicates that a student has completed the
requirements for a high school education. CA has approved the use of three high school
equivalency tests (HSET): GED®, HISET®, and TASCTM. These tests are for students 18 years old
and older, and 17 years old (in some instances). Those who pass the CA High School Proficiency
Examination are awarded a Certificate of Proficiency by the CA State Board of Education. While
some HSET preparation programs may issue "diplomas or certificates" of completion these
documents are not genuine high school equivalency credentials. There are various free HSET
preparation programs available for free through the CA Adult Education Provider Directory.
Third -Party Subcontracting — a program where course instruction and curriculum is not
developed by the provider, and instead is created and delivered by a third party. Per
Attachment 1 of the directive, the provider accepting tuition and related instruction fees (e.g.
ITA) must be the provider listed on the ETPL.
Third -party subcontractors cannot accept WIOA funding without meeting ETPL eligibility
requirements, and being placed on the ETPL. Per the California Education Code Section 94886,
private postsecondary institutions that receive "institutional charges" such as tuition are
required to be approved or deemed exempt by the BPPE.1
1 EDC 94886 - Except as exempted in Article 4 (commencing with Section 94874) or in
compliance with the transition provisions in Article 2 (commencing with Section 94802), a
person shall not open, conduct, or do business as a private postsecondary educational
institution in this state without obtaining an approval to operate under this chapter.
EDC 94858 - "Private postsecondary educational institution" means a private entity with a
physical presence in this state that offers postsecondary education to the public for an
institutional charge.
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Training Program — A program of training services is one or more courses or classes, or a
structured regimen that provides the WIOA training services, and leads to any of the following:
1. An industry -recognized certificate or certification, a certificate of completion of a
registered apprenticeship, a license recognized by the State or the Federal government,
an associate or baccalaureate degree.
2. A secondary school diploma or its equivalent.
3. Employment (see definition for Training Program that leads to Employment).
4. Measurable skill gains.
Due the federal reporting requirements of the ETP Report, if a program is offered with more
than one mode of delivery (e.g. online and in -person), more than one program length (e.g.
contact hours and/or weeks), and/or more than one curriculum, the program needs to be
entered once for each different variation. For example, if program A is offered online, and in -
person, the program needs to be entered twice: (1) for the online program, and (2) for the in -
person program.
Training Program that leads to Employment —An eligible ETPL program must prepare graduates
for a specific occupation related to the training that was provided. This means that programs
must award measurable technical skills, rather than general skills that are broadly required for
employment. These measurable technical or industry/occupational skills generally are based on
standards developed or endorsed by employers or industry associations.
The training program must be valuable to employers, as evidenced by partnerships with
business within priority industry sectors as identified in the State or Local Plan. Support of the
training program from at least three separate employers are required to be eligible, and
documentation of this support should be uploaded into the provider profile.
In addition, graduates of the program must be employed in an occupation related to the
training program. Training -related employment can be recorded for WIOA graduates in the
follow-up ribbon of the WIOA application.
Unsubsidized Employment— Employment in the private or public sector where the employer
does not receive a subsidy from public funds to offset all or part of the wages and costs of
employing the individual.
WSD21-03 Page 5 of 5
ETPL POLICY AND PROCEDURES ATTACHMENT 3
ETPL LOCAL BOARD DELEGATION AND CANCELATION FORM
I
i
A Local Workforce Development Board (Local Board) may delegate or cancel responsibility of the
California (CA) and local Eligible Training Provider List (ETPL) to an appointed Local Board by
completing this form. This form must be completed at the time of a change (delegation or
cancelation), and annually in July to ensure the State ETPL Coordinator is able to coordinate with
the appropriate Local Board.
Please sign (physical or electronic) and submit the completed form to the Employment
Development Department via email to WSBETPL@edd.ca.gov.
Select either the Delegation or Cancelation box: —�
i
aDELEGATION — Delegating Local Board is assigning responsibility for the CA and local ETPL
to the Appointed Local Board, and the Appointed Local Board agrees to coordinate the CA and
local ETPL on behalf of the Delegating Local Board. Signatures are required of the Delegating and
Appointed Local Board's Executive Director.
aCANCELATION — Delegating Local Board is revoking responsibility for the CA and local ETPL
to the Appointed Local Board. The Delegating Local Board will resume responsibility for the CA
and local ETPL unless a new Local Board is assigned this responsibility. Signatures are required of
the Delegating and Appointed Local Board's Executive Director.
Delegating Local BoardSlm-
Delegating Local Board Executive Director
Name: Signature: Date:
71
Ap`pomted Local Board
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Appointed Local Board Executive Director
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Name: Signature: Date:
WSD21-03 Page 1 of 1
ETPL POLICY AND PROCEDURES ATTACHMENT 4
CA ETP ASSURANCES FORM
A completed and signed California (CA) Eligible Training Provider (ETP) Assurances Form must be
uploaded to the documents section of the Provider Profile in CaIJOBS. This form must be uploaded
annually, prior to the provider being reviewed for eligibility.
Part A.
I certify that flnsert Name of School/Organizationl:
(a) Is a legal entity, registered to do business in the state of California (CA).
(b) Has not been determined to be ineligible to receive federal funds.
(c) Is in compliance with Workforce Innovation and Opportunity Act Section 188 and Title 29 Code
of Federal Regulations Part 38.
(d) Has demonstrated effectiveness in operating occupational classroom or distance training
program(s).
(e) Agrees that training provider facilities, classroom instruction, relevant financial records, and
attendance records may be reviewed by state, federal and/or local monitors or auditors to
ensure compliance with funding requirements.
Part B.
I certify that I:
(a) Have reviewed the annual student data reporting requirements for the Eligible Training
Provider Performance Report (ETP Report) established for training providers. Please refer to the
ETP Report Required Data listed below.
(b) Will begin collecting required student data elements that are not currently being collected.
(c) Will report and submit the ETP Report data for all students trained in each of my
school/organization's training programs listed as approved on the Eligible Training Provider List
(ETPL) to the Employment Development Department by the due date.
I understand that my school/organization's application for program approval on the CA ETPL will not be
processed without receiving this Eligible Training Provider Assurances Form.
Name of Training Provider (School/Organization) _
Mailing Address
City, State, Zip Code
Phone Number (###)
Print Name of School/Organization Representative
Title of School/Organization Representative
Signature of School/Organization Representative
WSD21-03
Date
ETPL POLICY AND PROCEDURES
ATTACH M ENT 4
ETP REPORT REQUIRED DATA
W
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Required Data Fields
_•£ r
ETPL Provider Name
ETPL Program Name
Total Number of Individuals Served
Total Number of Individuals Exited_
Total Number who Completed the P
Total Number E
Quarter after Exit
Median Earnings in the 2nd Quarter after Exit
Total Number Employed 4th Quarter after Exit
Total Number of Individuals that Attained a Credential
Average Earnings in the 2nd Quarter after Exit
Average Earnings in the 4th Quarter after Exit
WSD21-03 Page 2 of 2
ETPL POLICIES AND PROCEDURES
CA ETPL Training Provider and Program Determination Flowchart
ATTACHMENT 5
STEP 1: CALIFORNIA ELIGIBLE TRAINING LIST (ETPL) TRAINING PROVIDER CATEGORY DETERMINATION
YES
Once Training Provider Type is determined, proceed to Step 2.
ETPL POLICIES AND PROCEDURES
CA ETPL Training Provider and Program Determination Flowchart
STEP 2: CA ETPL TRAINING PROVIDER TYPE DETERMINATION
NO
7R
NO
ATTACHMENT S
Ford efinitions of the provider types, please reference Attachment land 2 of the Directive.
ETPL POLICIES AND PROCEDURES
CA ETPL Training Provider and Program Determination Flowchart
STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION
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ETPL POLICIES AND PROCEDURES
CA ETPL Training Provider and Program Determination Flowchart
STEP 5: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION
YES
ATTACHMENT 5
ETPL POLICY AND PROCEDURES ATTACHMENT 6
LOCAL ETPL COORDINATOR CONTACT FORM
Each Local Workforce Development Board (Local Board) Executive Director must designate a
Local Eligible Training Provider List (ETPL) Coordinator(s). The Local ETPL Coordinator(s) will
review and nominate training providers and programs for inclusion on the ETPL, via CaIJOBSsM
on behalf of the Local Board.
Submit completed and signed (physical or electronic) form to the Employment Development
Department by email: WSBETPL@edd.ca.gov.
Date:
Local Board:
MIS Administrator Name:
Executive Director Name:
Executive Director Email Address:
PRIMARY
ALTERNATE
(Optional)
Signature of Approving Local Board Executive Director
Date
WSD21-03 Page 1 of 1
ATTACH M ENT 7
SUMMARY OF COMMENTS
Draft Directive ETPL Policy and Procedures (WSDD-215)
There were 131 comments to the draft version of this Directive.
Contents
Accreditation..............................................................................................................................2
AdultEducation..........................................................................................................................2
Appeals.......................................................................................................................................2
Apprenticeships.........................................................................................................................3
ConsumerChoice.......................................................................................................................5
Delegation..................................................................................................................................
5
Eligibility.....................................................................................................................................7
GeneralEligibility...................................................................................................................7
InitialEligibility.......................................................................................................................7,
ContinuedEligibility...............................................................................................................8
CostInformation......................................................................................................................10
Credentials...............................................................................................................................11
DistanceEducation..................................................................................................................12
EEO...........................................................................................................................................13
ETPReport................................................................................................................................14
ETPAssurances Form...............................................................................................................17
GeneralETPL Requirements....................................................................................................17
In-Demand...............................................................................................................................19
LocalBoard Policy....................................................................................................................19
Localvs CA ETPL.......................................................................................................................20
Other........................................................................................................................................22
Out -of -State Providers.............................................................................................................22
Pre-apprenticeships.................................................................................................................23
ThirdParty................................................................................................................................24
Worker's Comp/Supplemental Job Displacement Benefit(SJDB)...........................................24
Page 1 of 25
Accreditation
Comment #1— How do we determine if a provider and their programs are accredited?
Resolution —Accreditation can be verified by visiting the Western Association of Schools and
Colleges, Senior College and University Commission (WSCUC) or WASC Accrediting Commission
for Community and Junior Colleges (WASC ACCJC) website and searching for the provider in
the directory of institutions. Direct links are provided in the policy.
Comment #2 — Do private postsecondary schools need to be Bureau of Private Postsecondary
Education (BPPE) approved and accredited by WASC?
Resolution — No, private providers must be either accredited by WASC, have BPPE Approval to
Operate, or meet the exemption criteria identified in California Education Code (CEC) Section
94874. See Attachment 1 under 3. Private Postsecondary Institutions for more information.
Comment #3 — Why is the accreditation only limited to Accrediting Commission for Schools
(ACS), WASC, the WSCUC? Why is accreditation limited to regional and not inclusive of any
Department of Education (DOE) accrediting agency in lieu of BPPE? There are specific
examples listed in bold italics that do include these exceptions, what's the difference?
Resolution —The BPPE oversees private postsecondary institutions operating in California with
the exception of those outlined in CEC Section 94874. Per CEC 94874(i) institutions accredited
by the ACS WASC, or WSCUC are exempt from the BPPE. Additional language expanding
acceptable accrediting agencies for Distance Education providers has been added on page 9 of
this directive.
Adult Education
Comment #4 — Regarding defining providers of adult education as only those who provide
training under Title II of Workforce Innovation and Opportunity Act (WIOA) (English as a
Second Language [ESL] and citizenship classes). This could exclude Regional Occupational
Programs (ROPs), community based schools, and any district that contract these services out
to local Community Based Organizations (CBOs).
Resolution —Training Employment and Guidance Letter (TEGL) 8-19, attachment 1, page 3
includes "Eligible providers of adult education and literacy activities under WIOA Title II if such
activities are provided in combination with training services described in 20 Code of Federal
Regulations (CFR) § 680.350" as an eligible training provider.
Appeals
Comment #5 — Does the appeals process still work in the context of Local Workforce
Development Boards (Local Boards) "nominating" providers for the ETPL instead of placing
them on directly? Where should the appeals process start?
Resolution —The appeals process starts with the Local Board that issued the denial. If a
provider is denied inclusion on the ETPL, and wishes to appeal, the provider must submit its
appeal to the Local Board.
Page 2 of 25
Comment #6 — Who would be the party responsible for (1) suspending the provider that is
under federal, state, or local investigation; (2) notifying the provider of the suspension? If the
provider protests, stating they were not afforded due process conduct, who will be responsible
for handling any possible legal process as a result of this suspension.
Resolution — Removing the provider would be the responsibility of both the Local Board and
the state. If either found that a training provider is currently under investigation, then the
provider would be immediately suspended by either the state or the Local Board, and the
Local Board would inform the provider of the suspension. The provider would then undergo
the appeals process if it so chooses, starting with the Local Board.
Comment #7 — What if the training provider disagrees with the Local Board's initial eligibility
assessment?
Resolution —The Local Board must provide the training provider with information regarding
the appeals process.
Comment #8 —Are initial/informal meetings required as part of the appeals process if both
parties waive it based on written confirmation?
Resolution —All Local Boards must include an option for an informal meeting in their appeals
policy. However, both parties can agree to waive this requirement, and documentation should
be uploaded into the Provider Profile. This also needs to be included in the local policy.
Comment #9 —Are formal hearings required if both parties waive it? Can impartial hearing
officers be employed at the Local Board or does it need to be from an outside agency? Can the
hearing officer be a compliance analyst not working directly with ETPL?
Resolution — Local Boards must include the option of a formal hearing in their appeals policy.
However, both parties can agree to waive this requirement, and documentation should be
uploaded into the Provider Profile. Guidance on the appeals process, including impartial
hearing officers, needs to be included in the local policy.
Comment #10 — Can a Local Board rule to approve a provider on appeal, if the EDD originally
rejected it?
Resolution — Yes, but the provider/program has to go through final EDD approval before being
reinstated to the ETPL.
Apprenticeships
Comment #11— It appears that a number of requirements are inapplicable to apprenticeship
programs, including the WIOA Section 188 requirement. Is this correct?
Resolution — Both Department of Labor (DOL) and Department of Industrial Relations (DIR),
Division of Apprenticeship Standards (DAS) ensure that apprenticeships meet Equal
Employment Opportunity (EEO) standards per 29 CFR 30.3, therefore the Local Board cannot
impose additional EEO requirements onto the apprenticeship program.
Page 3 of 25
Comment #12 — Please provide further guidance on including all California (CA)
apprenticeships on the local Eligible Training Provider List (ETPL). There are some
apprenticeship programs that are not available locally (example: apprenticeship programs in
Imperial County do not have a presence in Southern California), and does not seem to make
sense to list locally as we are unable to provide the Individual Training Account (ITA) for
training due to the distance restrictions.
Resolution — Per TEGL 13-16, Change 1, "All Registered Apprenticeship Program (RAPs) on a
statewide ETP list must also be located on all local ETP lists in the state." In addition, TEGL 8-19
states that "Local Boards may add additional requirements for providers, except for RAPs,
which result in providers that are on the state ETP list that may not be eligible for inclusion on
the local ETP list."
Comment #13— Can Local Boards require local program requirements to apprenticeship
programs related to payments (W-9s, Invoice Agreements) and other WIOA assurances (WIOA
section 188), list of employers partners, or is that assumed by the state?
Resolution —Apprenticeship programs cannot have additional eligibility requirements added
to them, per TEGL 8-19. If an apprenticeship program is approved by DOL or DIR DAS and want
to be added to the ETPL, they must be added to the state and local ETPL. They cannot be
removed from the ETPL until they request to be removed or they lose apprenticeship
approval/designation from DOL or DIR DAS.
Comment #14—Are registered apprenticeship programs required to provide a paid
employment component and if they are not providing employment, how is that monitored? If
they do not provide employment, isn't that just a regular training program?
Resolution —Yes, per the Factsheet located on the DOL Apprenticeship website,
apprenticeships are required to provide a paid employment component. The approval of
apprenticeship programs is managed by the DOL and/or DIR DAS.
Comment #15 —Are we allowed to require apprenticeship to meet our contracting/insurance
requirements to be on the local list?
Resolution — No. Per TEGL 8-19, no additional eligibility requirements can be added to
apprenticeship programs.
Comment #16—There are approved apprenticeship programs in occupations that are not in
our local priority sector or in -demand occupations. Our local policy is to not put such
programs on our local ETPL. It would be inconsistent to allow such a program to be listed as an
apprenticeship when we do not list it as a private postsecondary training program.
Resolution — Per TEGL 13-16, Change 1, "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." In addition, TEGL 8-19,
Attachment 1, page 3 states: "RAPs are automatically eligible to be included on the ETP list and
are exempt from state and local ETP eligibility requirements."
Page 4 of 25
Comment #17 — If WIOA funds cannot be used for building construction, doesn't that restrict
Local Boards from funding apprenticeship/pre-apprenticeship programs?
Resolution — DOL Final Rules 683.235 clarifies that WIOA funds can't be used for construction,
etc. for the purposes of administering WIOA without prior approval from the Secretary of
State. However, in the context of apprenticeships and pre -apprenticeships, WIOA funds can be
used to pay for participants to be enrolled in construction programs.
Consumer Choice
Comment #18— Does this mean the Local Board must refer the client for training and an ITA
regardless of the appropriateness of the training? Can an individual demand enrollment and
training services while demonstrating poor fitness by missing appointments, failing to meet
their obligations in the Individual Employment Plan (IEP), and participate in training that does
not necessarily fit their employment goals as long as they possess the minimum age, basic
skills, and/or prerequisites to do so? If so, we do not believe this is required by WIOA or
beneficial to the participant or the system.
Resolution —The America's Job Center of California" staff must determine training services
are appropriate for an individual after conducting an interview, an evaluation or assessment,
and career planning. If training is determined to be appropriate after meeting with a career
planner, the Local Board must send that participant to the training they select as long as
training funds have not been exhausted. Individuals maintain the right to enroll in whatever
program they choose, however it is the Local Board's responsibility to help individuals with
choosing the best program that fits their needs based on the IEP. Please see the definition of
Training Services in WSD19-06 for further guidance on how an individual qualifies for training
services.
Comment #19 —The CA ETPL does not permit the Local Board to approve a training program
that is eligible to be paid with WIOA funding, even though the Local Board is the subject
matter expert on what will lead to a self -sustainable career in the local/regional economy. The
CA ETPL limits the choice of consumer and the Local Board to use Labor Market Information to
determine which courses should be deemed eligible.
Resolution — Local Board staff are still able to select providers to nominate that reflect the
needs of their Local Workforc a Development Area (Local Area). Attachment 1, page 6 states
"Once all necessary information is entered, the Local ETPL Coordinator must review and
nominate the training provider and/or program for inclusion on the CA ETPL."
Delegation
Comment #20 — Does each Local Board need to screen all ETPL schools in the Regional
Planning Unit (RPU) for inclusion on its local ETPL? Currently we only go through the local
process if a customer requests the school.
Resolution — Yes, as well as all CA ETPL approved distance education providers and registered
apprenticeships.
Page 5 of 25
Comment #21— How does a Local ETPL Coordinator get notified that a distance education
program or a program in the RPU has been approved?
Resolution — ETPL Coordinators receive notifications via the CalJOBS11 Message Center for
their ETPL Coordinator account alerting them to newly added and approved programs.
Comment #22 — Please explain how this will be handled for the providers and programs that
are already listed. Currently, the ETPL Coordinator in which the main campus is located must
manage all of the sites, even those out of their area.
Resolution — Local Board initial and continued eligibility procedures will need to be adjusted.
For Continued Eligibility, the provider profile will be reviewed by the EDD. The programs will
continue to be reviewed by the Local Boards where the programs are located.
Comment #23 — Local Boards with the main office or main campus located in their region,
should not be responsible for listing other affiliated programs located outside their region.
Each region needs to have the option to list linked campuses/schools separately in each
region. With EEO monitoring requirements and no designated funding provided to hire ETPL
Coordinators, being responsible for multiple campuses throughout the State, is an unrealistic
expectation, especially for smaller Local Boards with limited resources.
Resolution — For Initial Eligibility, the provider profile is nominated by the Local Board where
the provider is headquartered. Programs will be nominated by the Local Board where the
program is located. For Continued Eligibility, the provider profile will be reviewed by the EDD.
The programs will continue to be reviewed by the Local Boards where the programs are
located.
Comment #24 — Once programs are listed on the CA ETPL, can this be clarified why training
providers need to contact Local Boards? If the provider is not currently on the CA ETPL,
shouldn't the Local Board where the provider (not the program) is located be responsible for
nominating the provider?
Resolution — Providers can reach out to the Local ETPL Coordinator for technical assistance
with entering information in CaIJOBS. The provider is nominated by the Local Board where the
provider is headquartered. Programs will be nominated by the Local Board where the program
is located.
Comment #25 — If there are no changes to the ETPL Local Board Delegation and Cancellation
Form (Attachment 3) and the Local ETPL Coordinator Contact Form (Attachment 7) that are
already on file, do we need to resubmit them under this new Draft Directive?
Resolution — Local Boards will need to submit the ETPL Local Board Delegation and
Cancellation Form (Attachment 3) annually in July. The Local ETPL Coordinator Contact Form
(Attachment 7) only needs to be resubmitted when there are updates.
Comment #26 — Is it possible to not only delegate ETPL duties to another Local Board, but
instead to delegate individual providers to another Local Board?
Page 6 of 25
Resolution —The delegation form is used to delegate ETPL responsibilities (including
providers/programs) to another Local Board. Individual providers cannot be delegated to
another Local Board. If a provider moves its headquarters from one Local Area to another, the
responsibility forthat provider changes, and both Local Board ETPL Coordinators should be
made aware of the change.
Eligibility
General Eligibility
Comment #27 — Can Local Boards place the burden of proof on providers to prove that their
programs meet the requirements for eligibility?
Resolution — Local Board staff are required to review programs to ensure they meet eligibility
requirements, including credentials. Once all necessary information is entered, the Local ETPL
Coordinator must review and nominate the training provider and/or program for inclusion on
the CA ETPL ensuring all information provided is complete, accurate, and current, and is in
alignment with this Directive.
Comment #28 — What documentation is required to demonstrate a provider's partnership
with local businesses?
Resolution —This will vary depending on the Local Board and their local policy. The state will
allow Local Boards to decide what is considered "in partnership with business.
Comment #29 — Will the negotiated goals be the same as WIOA title I programs or will there
be different ones for training provider programs?
Resolution — Programs must meet the performance requirements described in the continued
eligibility section of the Directive, as well as the state -level Title I Adult performance goal.
Comment #30 — Why are training providers that do not award degrees and solely provide
educational programs for total charges of $2,500 not allowed? If a provider has a BPPE
exemption, it is unclear if a WIOA-funded ITA is considered Federal student financial aid and
therefore ineligible.
Resolution —This exemption prohibits any federal funding be used to pay for this program,
thus excluding WIOA funding from being used. Section 74110 of the CEC defines public funding
as "any financial aid paid on behalf of students or directly to an institution from any public
source," which includes WIOA.
Initial Eligibility
Comment #31— Performance requirements for initial eligibility limit customer choice and local
autonomy by removing the ability for new training providers to be added to the ETPL without
performance data. The Draft Directive does not specify the source of the performance metrics.
If in the past, it will come from a provider's BPPE Annual Report, this will further inhibit a Local
Board's autonomy as BPPE is currently two years behind in publishing performance data and,
in fact, does not even allow a provider to upload data until September for publication in
Page 7 of 25
December. This would effectively mean new providers would be required to have two years of
performance metrics.
Resolution —TEGL 8-19, Attachment 1 indicates that, "The performance of ETPs is a factor that
states must use in determining both initial and continued eligibility of a provider to be
included on the state's ETP list." The state requires placement data for initial eligibility for two
main reasons: 1) it ensures that providers on the ETPL are of a certain quality in keeping with
state and federal laws and regulations, and 2) participants are more likely to be successful in
WIOA (i.e. employment) if the ETPL program meets the initial eligibility placement
requirement. This benefits Local Board performance numbers. Performance data is entered
directly into CaIJOBS, and is no longer verified using the BPPE Annual Report.
Comment #32 — Given the time it takes for a provider to create and complete an ETPL
application, what is the exact timeframe for Local Boards to complete their review process?
Resolution — Local Boards should complete their review process of a provider within 30
calendar days of the complete provider and/or program data being submitted into CaIJOBS.
The state considers the date of a program being submitted as the application date, and the
Local Board has 30 days from that date to nominate the program for review to the state.
Comment #33 — Is it required that all initial and continued eligibility reviews be reviewed by
the state prior to a Local Board approving? If so, what is the process for this?
Resolution — Local Boards will submit providers and their programs to the state for review.
This is called "nominating," and the process will be very similar to the current one for adding
programs to the ETPL. Within 30 days of receiving the nomination, the state will review the
data in CaIJOBS and either approve or deny the provider and/or program, and inform the Local
Board.
Comment #34— In the past, performance was collected during the subsequent eligibility
period. Are we now, gathering information on performance prior to listing a program on the
ETPL? Is there an exception for performance if the provider or program is new?
Resolution —Yes, performance information must be provided as part of the initial eligibility
review process. The use of performance data during initial eligibility review is required by the
DOL, and cannot be waived.
Continued Eligibility
Comment #35 — Removing programs and then requiring a program meet continued eligibility
requirements limits consumer choice and would slow the ETPL's ability to foster demand -
driven skills attainment.
Resolution —The state has implemented this policy to limit the number of providers that are
only on the ETPL for other funding sources (e.g. Workers' Compensation Vouchers) and should
help limit the burden of the Local Board ETPL Coordinators in reviewing these providers if they
are not helping participants in the workforce system.
Comment #36 — Previously, it was up to the Local Board to determine if a provider or program
can stay on the ETPL. Is it required that we remove the provider if no enrollments have
Page 8 of 25
occurred in 2 years? If so, what is the process forth e provider to get back on the ETPL? Cana
customer request the provider?
Resolution — Yes, per the Directive providers must be removed from the ETPL if they do not
have at least one enrollment in the previous two program years (PYs). If they would like to get
back on the ETPL, they must wait 6 months before reapplying to the ETPL and meet the
continued eligibility requirements in the Directive.
Comment #37— What is the process for schools that are already listed on the ETPL? Do we
review all new requirements at their annual mark or do they need to be reviewed at the
effective date of this Directive?
Resolution — Per the ETPL Directive, continued eligibility applies to all training providers listed
on the CA ETPL at any time under the WIOA or Workforce Investment Act (WIA), and whose
initial eligibility has expired. A training provider's initial and continued eligibility is valid for 365
days after the provider is approved for the ETPL. Providers and programs already on the list
can be reviewed using the policies outlined in this directive the next time they are reviewed
for continued eligibility.
Comment #38 — Providers on the ETPL for two full complete PYs (July 1—June 30) must have
at least one Title I, subtitle B enrollment during the previous two PYs. Does this refer to one
enrollment in the entire provider or one enrollment in the individual program?
Resolution — One enrollment for the entire provider. This requirement is not applied to the
program.
Comment #39 — What is the reapplication process for programs trying to remain on the ETPL?
Resolution — Please see the ETPL Guide Card (Attachment 5) for steps on how programs are
submitted for continued eligibility review.
Comment #40 — Since continued eligibility can be reviewed at any time during the year
(calendar or fiscal), which timeframe is used to measure performance?
Resolution —The performance timeframe is for the previous complete PY, July 15t to June 30th.
Comment #41— Will Local Boards have the discretion when they conduct continued eligibility?
Resolution — After the program becomes initially eligible, they must be reviewed again before
the end of the first year (i.e. a program is added to the ETPL on 10/22/2020, the Local Board
must review the program again prior to 10/22/2021). Continued eligibility for providers and
programs on the CA ETPL must be reviewed every year. For the local ETPL, Local Boards can do
continued eligibility every two years. Local Boards can determine the time frame in which they
review and complete continued eligibility as long as it is done within the required timeframes.
Comment #42 — For programs that run over the one-year period, how should the Local Board
conduct continued eligibility?
Page 9 of 25
Resolution — Programs that are longer than one year should use whatever cohort is graduating
in the year to determine if they meet continued eligibility.
Comment #43 — How do Local Boards determine which programs are up for continued
eligibility?
Resolution — ETPL programs in CaUOBS have a Subsequent Review Due Date (SRDD), which is
the date that Local Boards must review a program by. If a program is not reviewed by the
SRDD, the program will automatically be removed from the ETPL. Programs that are 60 days
from their SRDD will have a REAPP icon, indicating they are in need of review. The Detailed
Report > Provider > by Program Reapplication allows Local Board to see which programs on
the ETPL are due for review.
Comment #44— How do Local Boards keep track of programs during continued eligibility, aside
from reports? What if there are issues with how the reports function?
Resolution — ETPL staff accounts allow for notifications to be sent to staffs email regarding
new programs, changes to existing programs, and other changes in the ETPL module. If there
are any issues regarding notifications, please reach out to the CaIJOBS Operations Unit at
caljobsadmin@edd.ca.gov. The state is also working to revise provider reports to be more
useful to ETPL staff. If ETPL staff would like to request updates to reports (new filters, new
columns, etc.), they can email the ETPL box at wsbetpl@edd.ca.gov.
Comment #45 — Will we be using the most recent data available in ETP Report for our
continued eligibility or waiting until a new year is submitted?
Resolution —You would use the most recently available performance data to determine if a
provider is eligible.
Comment #46 — Reviewing year-round instead of at one specific time may seem like a more
efficient method, but in reality, it puts an onerous burden on ETPL coordinators. Couldn't it be
possible to make the review at a set time during the year? Or Local Boards should have the
option to review at a minimum, once per year, or every 2 years if programs are longer than a
year?
Resolution —After the program becomes initially eligible and is added to the CA ETPL, they
must be reviewed annually for continued eligibility (i.e. a program is added to the ETPL on
10/22/2020, the Local Board ETPL Coordinator must review the program again prior to
10/22/2021). For the local ETPL, Local Boards can do continued eligibility every two years.
Local Boards can determine the time frame in which they review and complete continued
eligibility as long as it is done within the required timeframes.
Cost Information
Comment #47 — What should the cost information for an ETPL program be matched to?
Resolution —The cost in the Cost Details tab of the program wizard should match the cost a
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member of the general public would pay when enrolling in the program without assistance
from WIOA. This information should be available in the provider's brochure or website.
Credentials
Comment #48 —This DOL Credential Tool does not include a category for private
postsecondary providers.
Resolution —Those providers would fit under the "Institutions for Higher Education" category.
Comment #49 —The DOL Credential Tool does not explain the skills that either meet/do not
meet the definition of a credential. It also does not explain what "in -demand" means.
Resolution —The DOL Credential Tool is meant to accompany federal ETPL guidance and
illustrate how the requirements are met, rather than explain what those requirements are.
Comment #50— If a Local Board, as part of the local initial eligibility requirements, completes
an onsite visit with an industry expert who verifies the program meets industry standards,
evidenced by the review of the curriculum, equipment, testing, etc., would this be considered
as meeting the industry credentials?
Resolution —These requirements are in addition to the credential/employment for a specific
occupation requirement, not specific criteria for the requirements. Credentials that are
"industry -recognized" must meet the definition as described in WSD19-03.
Comment #51—There are many programs that do not meet the narrow definition of Post -
Secondary Credential outlined in the Definitions attachment that provide valuable and
demonstrated effectiveness to individuals with barriers to employment (such as programs for
Microsoft Office applications and other office and administrative oriented programs). We also
believe these should meet the definition of training under Skills Upgrade and Retraining.
Resolution — Per Training and Employment Notice (TEN) 25-19, the programs described here
do not meet the definition of a post -secondary credential, since the skills that are attained fall
into the general skills/work readiness category. WIOA funds can be used to provide training to
general skills such as work readiness, hygiene or safety, but credentials can only be counted
toward recognized postsecondary credential attainment if they prepare a person with the
competencies required to perform a specific occupation. Local Boards can still send
participants to Microsoft courses; however, it is considered a Short-term Prevocational Service
and CaIJOBS activity code 215 should be used.
Comment #52 — Several comments were received regarding the desire to exclude Skills
Upgrading and Retraining, Entrepreneurial Training, and Adult Education and Literacy Activities
from the list of services required to be on the ETPL.
Resolution — Per TEGL 8-19, Attachment 1, these training services are required to be on the
ETPL if using an ITA.
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Comment #53 — Would the fact that there is a partnership be the only evidence needed to
prove that the provider's credential and/or certificate is acceptable as an industry -recognized
credential? What extent or depth of partnership is required to meet this bar- and what criteria
should the ETPL coordinator use to determine what the extent or depth of the partnership is?
Should there be written documentation?
Resolution — No, credentials that are "industry -recognized" must meet the definition as
described in WSD19-03. The extent or depth of partnership will be determined by each Local
Board.
Comment #54 — The second to last bullet (page 4) only mentions credentials and or
certificates, but does it also include degrees or licenses?
Resolution —Yes. Attachment 2 provides a full list of the types of recognized postsecondary
credentials.
Comment #55 — If the program does not issue the credential, what is the distinction that the
program meets a requirement to lead to a license? Would it be "if a separate/third party exam
is required to obtain the license," otherwise it would need to be issued by the training
provider?
Resolution —The training program does not have to issue the credential, but the training
program should prepare the individual to obtain the credential. For example, a Class A Truck
Driving program does not issue the Class A driver's license, but it should prepare the individual
to pass the state issued exam to obtain the license.
Comment #56—The DOL Credential Tool indicates that a secondary school diploma or
equivalent meets the requirements of a credential when attesting to Industry -wide Technical
or Industry/Occupation Skills. We believe programs to attain secondary school diplomas or the
equivalent meet the definition of training and credential.
Resolution —Credentials that are "industry -recognized" must meet the definition as described
in WSD19-03. A secondary school diploma or equivalent is a credential, but the Adult
Education program can only be on the ETPL when earned in conjunction with Occupational
Skills Training.
Distance Education
Comment #57 — Emergent needs from COVID (online versions, remote training, etc.) is not
represented at this time on ETPL. There is urgent need for access to quick training options in
addition to training designed to assist in short-term skill building in order to access surge
recruitment and lifeboat jobs. How will we handle this need?
Resolution —Online learning and/or remote training (distance education) is eligible to be on
the ETPL. These providers are reviewed for initial and continued eligibility by the State ETPL
Coordinator. Under the new Directive, the responsibility for providers that only function in a
distance education capacity shifts to the state for initial and subsequent eligibility review.
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Comment #58— With the change in instruction delivery due to COVID, will training providers
already listed on ETPL have to create new listings for on-line programs?
Resolution —Yes. Per Attachment 1, "If the program is offered with multiple modes of delivery,
curriculum, or course lengths, the program must be entered separately for each variation."
Please reference the definition of a Training Program in Attachment 2.
Comment #59—Online training is really limited, particularly by providers outside of California.
There are many quality training programs that initiate and have headquarters outside of
California. The ETPL makes it difficult to find and access these providers. Additionally, online
courses (without physical operations) are not easily added which is a disincentive.
Resolution — Distance Education providers can be headquartered outside of CA, but they must
only offer distance education courses. If they only have physical training locations outside of
CA, then they are considered an out-of-state provider and cannot be on the CA ETPL; however,
an approved reciprocal agreement may be used. If they have physical locations in CA, but are
headquartered outside CA, they are still considered an in -state provider and can be on the
ETPL if they meet eligibility requirements. Per the Education Code Section 94801.5, Distance
Education private postsecondary education institutions must register with BPPE, unless they
provide undergraduate or graduate degrees.
Comment #60— What about providers that provide both distance and in -person programs? Or
programs that are hybrid partially distance and partially in -person?
Resolution — If the provider offers alternative or "hybrid" in -person and online programs, and
have a physical location in California, they are an in -state provider. If the program is offered
with multiple modes of delivery, different curriculum, and/or different course lengths, the
program must be entered separately for each variation. Please reference the definition of a
Training Program in Attachment 2.
Comment #61— CaIJOBS offers a screen for choosing "Duration" with options of more than
one intensity, duration and schedule. CaIJOBS also offers a "Scheduling" screen that could be
updated by GSI to allow a selection for in -person and/or distance learning if you want to track
it. Could these be used instead of creating separate program entries in CaIJOBS for a single
program that only has one listing with the accrediting agency, one curriculum, one cost and
one set of performance? Shouldn't CaIJOBS listings match the exact titles and programs
approved by the accrediting agency?
Resolution — Programs with multiple modes of delivery, different lengths of instruction, and/or
different curriculum must be listed separately to comply with ETP Report requirements.
Program details should match the brochures available on the provider's website.
Comment #62 — Who is responsible for initial and continued eligibility for Distance Education
providers?
Resolution —The State ETPL Coordinator is responsible for the initial and continued eligibility
of Distance Education providers.
EEO
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Comment #63 — Where do Local Boards find the EEO monitoring tools?
Resolution — Please refer to your Local Board's EEO Officer, as defined in WSD17-01.
Comment #64 — How do Local Boards conduct EEO monitoring for providers with multiple
locations?
Resolution — It is recommended that Local Boards provide the provider one of the EEO
monitoring tools (depending on size of provider), and have them complete it and add it to
their CaIJOBS Provider Profile. For additional assistance, please refer to your Local Board's EEO
Officer and reference WSD17-01.
Comment #65—Are on -site visits (which would be needed to determine that EEO and other
items are posted) required before nominating a training vendor for inclusion on the CA ETPL?
Resolution — No, it is recommended that Local Boards provide one of the EEO monitoring tools
(depending on size of provider), and have them complete it and add it to their CaIJOBS
Provider Profile. For additional assistance, please refer to your Local Board's EEO Officer and
reference WSD17-01.
Comment #66 — Do the EEO requirements in the Draft Directive apply to all providers?
Resolution —This applies to all training providers, except apprenticeship programs.
ETP Report
Comment #67 — What if BPPE performance data is not collected for providers who serve rural
areas? Won't this negatively affect their placement rate?
Resolution — Performance requirements for providers under the new ETPL Directive do not
require BPPE placement data. Placement data is directly entered into CaIJOBS.
Comment #68 — Public education either does not collect and track students past graduation or
claim they aren't allowed to release that information due to confidentiality requirements. If a
public postsecondary CC, CSU or UC does not provide % who successfully completed a
program, nor %who are employed within 6 months for initial eligibility, their program must
still be listed on the CA ETPL because they are not required to meet a specific performance
threshold, correct?
Resolution — For Initial Eligibility, public postsecondary providers are still required to submit
performance data. They are not required to meet a threshold.
Comment #69 — Would a waiver be available if the individual was sick or had a valid reason not
to take the first test? Some state tests have very long periods between test dates.
Resolution — No, a waiver is not available for a missed test.
Comment #70— How is the provider supposed to know when one of their students has exited
from WIOA? Or does this mean the student exited from the program, either by successfully
completing or dropping out?
Resolution — Exiting the program refers to the training program rather than WIOA.
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Comment #71— Is the placement requirement based on WIOA enrollments only or includes
general public as well?
Resolution —The placement requirement for initial eligibility includes all students. For
continued eligibility, the completion measures includes all students, whereas the other
measures include WIOA participants only.
Comment #72 — In regards to performance for public postsecondary, is there a form for the
providers to fill out with the performance information?
Resolution —All providers are required to report their performance data directly into CaIJOBS.
Comment #73 — Local Boards are responsible for meeting WIOA performance outcomes for
WIOA participants. Are training providers held to the outcomes that are the responsibility of
the Local Boards or do they hold shared responsibility? If the performance metrics inclusive of
both WIOA and non-WIOA participants, is it common for providers to track employment
outcomes or is this specific to ETPL?
Resolution — Providers are held to the performance requirements outlined in the ETPL
Directive, as described in the Initial and Continued Eligibility sections. If providers and/or
programs are successful with WIOA participants, the Local Board will see this success in
meeting their negotiated goals. The responsibility of outcomes is shared.
Comment #74— Program data being entered into CaIJOBS represents duplication of work for
those who do collect such information and is not verifiable. Minimally, we believe the state
should work with the CaIJOBS vendor to provide a more streamlined process.
Resolution —As described in TEGL 3-18, all providers must work with the state to submit
performance data required by the ETP Report in order to be eligible and listed on the ETPL.
WIOA participant data will come from case management work that is already entered into
WIOA applications in CaIJOBS. Providers are required to submit aggregate data on all students
in CaIJOBS.
Comment #75 — Providers are required to report data on ALL students, not just WIOA, to the
Local Board and the state. Does this data need to be reported by individual? If so, how do we
avoid FERPA violations with individuals who have not signed consent for us to have their data?
Resolution — Providers only need to submit aggregate all student data as outlined on the CA
ETP Assurances Form (Attachment 4).
Comment #76—The data collection and reporting of all students that is required for the ETP
Report is prohibitive. This is evidenced by many waivers that have been granted by DOL to
states as well as our own state's request to waive this provision. The waiver to collect all
student data should be extended.
Resolution —The waiver to report all student data ended with PY 19. DOL has recently granted
an extension to the waiver for PY 20; however, the DOL denied our request for a waiver
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beyond PY 20, so providers will need to collect and report data on all students (WIOA and non-
WIOA). For additional information on the end of this waiver, please see TEN 07-21.
Comment #77—Are Community Colleges, UCs and CSUs required to submit data on all of the
data points referenced in the CA ETP Assurance Form? There should be a mechanism to obtain
entered employment from students attending public schools.
Resolution —Yes, per TEGL 3-18 all providers must submit data for the ETP Report. The CA ETP
Assurances Form (Attachment 4) notes the data elements required for providers.
Comment #78 — Will the state be working directly with providers to upload data to CaIJOBS or
will the State be contacting the Local Boards to complete these tasks?
Resolution — Ultimately, the Local Boards are responsible for reviewing providers and
programs for initial and continued eligibility, which includes performance data. Guidance will
be provided on how to upload or enter performance data into CaIJOBS.
Comment #79—The Directive references the ETP site is scheduled to launch in PY 2020; when
will this be a requirement for providers to submit data to the system? What do we do in the
interim?
Resolution — Per TEN 7-21, the ETP All Students Waiver expired on June 30, 2021, so
performance data is required to be submitted by providers beginning in PY 21.
Comment #80 — ETP Reports will be published in October, what is the reporting period for that
report? Are performance reports requested annually by calendar year or program year?
Resolution —The ETP Report is reported by PY (July 1 to June 30). For PY 2020, the report due
in October 2021 reflects data from July 1, 2020 to June 30, 2021.
Comment #81— It looks like the state is aligning the provider program performance measures
with WIOA indicators of performance. Does this mean the state will measure this data
themselves just as they do with WIOA indicators of performance?
Resolution — Providers will submit all student data to the state through the CaIJOBS system,
which is then uploaded into the Eligible Training Provider Performance Report (ETP Report).
The CA ETP Assurances Form (Attachment 4) details what data the providers are responsible
for submitting. WIOA student data will be calculated automatically via the case management
data in the CaIJOBS system.
Comment #82 — Will training providers be required to enter performance data for individual
participants or will it still be totals per program? Will the data be required for both WIOA and
non-WIOA students?
Resolution —Training providers must enter aggregate data into CaIJOBS for all students in the
programs. WIOA student performance data will be calculated via the case management data
entered by the case manager.
Comment #83 — Will there be a CaIJOBS report for performance data?
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Resolution —Yes, please use the CaIJOBS Detailed Reports > Provider > by Program
Performance report.
Comment #84 — What if a participant used a pseudo SSN in CaIJOBS?
Resolution — If the participant has a pseudo SSN, Local Boards should capture employment and
wage information in the Follow Up forms, just as they would normally for WIOA performance.
WIOA participants will be included in the ETP Report automatically.
Comment #85 — Are training providers expected to capture WIOA performance data that is
being captured by WIOA case managers (i.e., employment data)?
Resolution —Training providers are expected to capture and report aggregate data for all
students (WIOA and non-WIOA).
Comment #86 — Will the due date for performance be issued as an Information Notice?
Resolution — Beginning in PY 21, any provider undergoing initial or continued eligibility review
must provide the performance data outlined in this directive.
ETP Assurances Form
Comment #87 — Does Page 2 have to be filled out for each student who attended during the
reporting period?
Resolution — No, the CA ETP Assurances Form is just the signed agreement from the provider
agreeing they will provide the necessary data elements on the following page.
Comment #88 — Does the completed and uploaded CA ETP Assurances Form replace the
Performance tab? Or does the information have to be entered in both places?
Resolution —The CA ETP Assurances Form is just an agreement that providers will provide the
indicated data. The form should be uploaded to the Documents section of the Provider's
Profile. The performance data still needs to be submitted in the Performance tab in CaIJOBS.
General ETPL Requirements
Comment #89 — Due to a combination of performance reporting and the continued eligibility
process, Local Boards have seen competition on the ETPL dwindle to very few. This does not
promote access and equity. The challenge primarily seems to stem around the accreditation
process and reporting.
Resolution — It is required per WIOA law, regulations, and guidance that initial eligibility and
continued eligibility of providers and programs meet certain requirements, including
accreditation and meeting a factor of performance. DOL has also prescribed the requirements
of the ETP Report. The state is looking into and open to suggestions on ways to make the
required reporting less burdensome. We are also open to ideas and ways to assist Local Boards
with advertising the ETPL to providers in their area in an effort to build the list of providers in
their area. While a contract is more cumbersome than an ITA, a Local Board has the authority
to contract with a provider if they determine there is a lack of providers in their area that offer
a specific training program.
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Comment #90 — Vetting process for adding training providers needs to be streamlined and
much improved. It is currently locally driven. Can this be centralized in state this can really help
achieve economies of scale? Additionally, the state has expertise in financial stability,
accessibility, compliance, etc.
Resolution — With the implementation of this policy, the EDD will review all Local Board
nominated providers and program for initial and continued eligibility ensuring the
requirements outline in this directive are applied consistently. In addition, the EDD is exploring
other ways to streamline and improve the ETPL process.
Comment #91—Are Adult Education and Literacy activities not allowable/fundable under
WIOA unless in conjunction with an authorized training? Are such activities allowable, but not
considered training? Are they simply not allowable?
Resolution —To be listed on the ETPL, the provider must be an eligible provider of adult
education and literacy activities under Title II of WIOA. Adult education and/or literacy
activities must be offered concurrently, or in combination with, occupational skills training.
Comment #92 — Public education course work should automatically be accessed and allowed
on ETPL. Data collection has proven prohibitive. Should all public schools, such as Adult Ed,
Community Colleges, ROP, contract education, etc., should be automatically eligible.
Resolution — Not all public education programs are in -demand, so each program should be
looked at individually for ETPL eligibility requirements. Per federal requirements, data
collection is required of all providers (except registered apprenticeships).
Comment #93 —Are all other service types on Section B, page 2 (except on the job training
[OJT], Incumbent Worker Training [IWT], and customized training) required to be on ETPL?
Resolution —Aside from OJT, IWT, and customized training, all services listed are considered
"training services," and when funded through an ITA, these must be on the ETPL per TEGL 8-
19.
Comment #94— Is it required that OJT, IWT, customized training providers are listed in CaIJOBS
as a non-ITA provider or be listed on the local ETPL?
Resolution — Local Areas are encouraged to enter OJT, IWT, and customized training providers
into CaIJOBS as a non-ITA provider. These providers are not required to be on the ETPL;
however, the Local Board must inform participants of the OJT, IWT, and customized training
options available. In CaIJOBS, these providers would be listed as either ETPL (ITA) or Local
Providers (non-ITA).
Comment #95 — If all elements of the Draft Directive become final, it will take all the time of
one full-time employee to implement them. Additional funding and training would have to be
provided by the state.
Resolution —The EDD will offer training, and quarterly meetings with the ETPL Coordinators to
provide technical assistance. Questions and concerns regarding Local Area's allocations can be
directed to the Local Board's Regional Advisor.
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Comment #96 — What about programs that are offered in English and Spanish? Should those
be listed separately, like programs that are online or in -person? BPPE does not mandate
combining of program data for English and Spanish courses.
Resolution — If the curriculum between a Spanish and an English program is the same, then the
program only needs to be entered once. The description of the program should indicate that
the program is offered in both English and Spanish. If the curriculum between the two
programs is different, then the programs should be listed separately, per DOL ETP reporting
requirements.
In -Demand
Comment #97 — Who verifies whether a program is in -demand? The ETPL coordinator of the
Local Board that nominated the provider? And what about priority sectors of adjacent or even
far -away Local Boards?
Resolution —The Local Board is responsible for verifying that a program be for occupations in
in -demand industry sectors identified by the state, region, or Local Board. In -demand or
priority industry sector information must be verified with the State Board and/or Local Board.
CA ETPL programs would then be available for other Local Boards to use. If the Local Board
chooses to have a local ETPL, the Local Board would determine if the program is in -demand in
their area.
Comment #98 — In -demand industry sectors are locally defined. How do you identify
occupations (by SOC code) that are in -demand as determined by the state? Where is this list
located? Would you use state in -demand to determine state eligibility, then use local in -
demand to determine local eligibility?
Resolution —California's Unified Strategic Workforce Development Plan has language on what
is considered an in -demand occupation, as well as a list of occupations that Local Boards can
use to justify state in -demand requirements. Local Boards would then apply their own local
requirements for their local ETPL eligibility. You can find a link to the plan on the California
Workforce Development Board's website.
Local Board Policy
Comment #99 — Does the state have a guide for the specific documents that contribute to
"sufficient records"?
Resolution —This requirement is to ensure providers are submitting accurate data to the Local
Board. Providers can be removed for intentionally supplying inaccurate data. What constitutes
as "sufficient records" needs to be addressed in the Local Board's local policy.
Comment #100 — If the provider that went out of business is the only provider in a reasonable
distance, Local Boards may not be able to provide a comparable training alternative. Must we
provide travel costs if the client wishes to go?
Resolution —This would be something to address in the Local Board's local policy.
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Comment #101— Regarding the requirements for Local Board policy listed at the bottom of
page 5, isn't this already covered by BPPE Approval/Exemption or WASC accreditation?
Resolution —This requirement is for providers who are deemed exempt per CEC 94874, and
are not regionally accredited by an accrediting institution.
Comment #102 — Current local policy is to have individuals research and visit 3 schools that
provide the training that the individual is interested in, before they select which school they
wish to attend. Does this supersede the requirements described in Section E, page 5, and we
should no longer have the individuals go to 3 schools first?
Resolution — Local Boards can continue with this type of procedure, as described in their local
policy.
Local vs CA ETPL
Comment #103 — Without clear guidelines, Local Boards cannot expect the participants to
understand why certain local programs are available in the state, but not in our Local Area. It
also makes it confusing for the participant when they are reverse referred from that training
provider and we will not approve the training locally, but it can be added to the CA ETPL.
Resolution —The state is working with the vendor to display CA and local ETPL programs
differently. This distinction in the system should help clarify what programs are available to
participants, depending on where they are located. TEGL 8-19 allows for Local Boards to
continue deciding what programs are allowed on their local ETPL
Comment #104 — If a Local Board utilizes the CA ETPL, CaIJOBS serves as the "local list of
training providers and programs," correct? Is it possible for the Local Board to make
incumbent worker training provider information available when this is by definition only for a
specific employer and a specific group of employed individuals?
Resolution —The list available to the public includes training providers and programs that are
on the ETPL. Any additional training providers that are not on the ETPL (non-ITA) can be
entered as a local provider in CaIJOBS and only viewed by staff. The IWT may be eligible for,
but not required to be on, the ETPL.
Comment #105 — Can state and local eligibility be conducted simultaneously?
Resolution — Local Boards can review the provider and program at the same time for both CA
and local ETPL eligibility, but they need to review the provider for the appropriate
requirements (i.e. local ETPL has additional requirements to eligibility that do not effect
eligibility for the CA ETPL). Also, CA ETPL eligibility review must happen first, because if they
are no longer eligible per CA ETPL requirements, then they cannot be on the local ETPL.
Comment #106 — For the purpose of review for continued eligibility, does local ETPL refer to
the geographic boundaries of the Local Board or the training providers that are under contract
to the Local Board for payment of ITAs?
Resolution —The local ETPL includes all providers that are on the CA ETPL, and meet that Local
Board's local ETPL requirements.
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Comment #107 — Local Boards may have additional criteria in order to be listed locally. For
those who do not meet our local requirements, we are expected to list and manage them for
the CA ETPL even though we will not use them locally? For both initial and continued
eligibility? What happens when a provider has an onsite program and have no enrollments?
We are expected to monitor them for compliance, review their performance, and provide
technical assistance even though they aren't utilized?
Resolution — If a provider and/or program meets the state requirements for the ETPL, and
their business is headquartered in Local Area A, then Local Board A must nominate this
provider profile to the CA ETPL. If the provider also has programs located in Local Area A, then
Local Board A must review and nominate those programs for inclusion on the ETPL—even if
this means the provider would not receive any participants. The Local Area can choose to only
use their local ETPL for serving their participants, but the providers on the CA ETPL still should
be available for other Local Boards to use. Local Board A would monitor for compliance, review
performance, and provide technical assistance. The Local Board can delist the provider if the
provider has not served at least one Title I, subtitle B enrollment during the previous two
program years. See "Training Provider Continued Eligibility Criteria" for requirements to be
reinstated to the ETPL.
Comment #108 — Will there be copy and paste functionality added or radio button to add a
program to the local ETPL?
Resolution—CaIJOBS includes the ability to copy program data and create duplicate programs
as needed via the "Duplicate" button in the Education and Training Programs tab. See
Attachment 5 for more guidance on how to navigate CaIJOBS.
Comment #109 — As written, it appears that providers outside the Local Area must be included
on the local ETPL, if there is no specific local criteria. What is the reasoning behind requiring all
CA ETPL to be also on the local ETPL? We don't include out -of -area training on our local ETPL,
but if a participant requests it, we will consider it on a case -by -case basis. Local Boards should
have the autonomy to consider allowing interested participants to attend out -of -area
providers on a case -by -case basis.
Resolution —A local ETPL is available for Local Boards to require additional criteria (such as
location) for providers to meet, in order for them to serve participants using WIOA funds. If no
additional requirements are added, then the Local ETPL will mirror the CA ETPL.
Comment #110 — Providers and programs may be eligible for the CA ETPL but not on the local
ETPL. Are Local Boards required to nominate them, based only on the requirements of the
Directive, will now be responsible to manage that provider and programs on the ETPL?
Resolution —Yes. If the provider meets the CA ETPL requirements, Local Boards are
responsible for nominating providers headquartered in their Local Area to the CA ETPL. They
are also responsible for nominating programs located within their Local Area to the ETPL,
assuming they meet the CA ETPL requirements. Per TEGL 8-19, page 5, Local Boards can only
use CA ETPL requirements when reviewing providers for the CA ETPL. After conducting state
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eligibility, the Local Board can then review the provider for local eligibility using their Local
ETPL-specific requirements.
Other
Comment #111— Who are the stakeholders involved in developing the CA ETPL policies and
procedures?
Resolution —The California Workforce Development Board, Local Boards, regulatory agencies,
and providers.
Comment #112 — Can an enrolled Youth in a Title I Youth program enroll in ITAs on ETPL if they
are over 18 or do they need to be enrolled as an Adult?
Resolution —An ITA can be used for an Out -of -School Youth ages 16 to 24, Adults, or Dislocated
Workers. In -school Youth cannot receive an ITA.
Comment #113 — Who is responsible for uploading documents into the provider's profile?
Resolution — Both the provider or the ETPL Coordinator have the ability to upload documents.
Comment #114— ETPL Coordinator job qualifications need to be defined. Currently if an ETPL
Coordinator is not the MIS Administrator, they are excluded from invitations to MIS Admin
meetings and no alternative provisions are made to train new ETPL Coordinators.
Resolution —To ensure Local ETPL Coordinators receive the training and support needed, the
EDD will provide quarterly ETPL Coordinator webinars similar to the monthly MIS
Administrator call. In addition, Local ETPL Coordinators can contact the State ETPL Coordinator
and wsbetpl@edd.ca.�ov to request assistance.
Comment #115 — Where would providers and/or Local Board staff go for resources on how to
navigate the Provider Module in CaIJOBS?
Resolution — Providers and Local Board staff can access the ETPL Guide Card, which is
attachment 5 of this Directive. Local Board staff can also access the Provider Services User
Guide located in the Staff Online Resources menu of CaIJOBS.
Comment #116—The "CRS" designation is confusing to both providers and staff as it is not
spelled out or explained anywhere. Can this be removed if it is no longer relevant?
Resolution —The state is currently working with the vendor to improve the ETPL module and
make it more streamlined, and will look into removing the CRS designation.
Comment #117 — What staff privileges are associated to changing the Local Board responsible
for the provider on page 58 of the ETPL Guide Card?
Resolution —This is available to any staff with an ETPL Coordinator account.
Out -of -State Providers
Comment #118 — Can out-of-state providers have training paid for through an ITA?
Page 22 of 25
Resolution —All training providers, other than Distance Education training providers, that have
training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot
utilize an ITA with out-of-state training providers unless leveraging an approved ETPL
reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more
information on the use of approved agreements.
Comment #119 — Can WIOA funds be used for out-of-state provider training, as long as the
provider is on the ETPL in the state where their headquarters is located?
Resolution —AII training providers, other than Distance Education training providers, that have
training sites located only outside of CA cannot be listed on the CA ETPL. Local Boards cannot
utilize an ITA with out-of-state training providers unless leveraging an approved ETPL
reciprocal agreement. Please see ETPL Reciprocal Agreements (WSD22-08) for more
information on the use of approved agreements.
Comment #120 — When Local Boards contract with an out-of-state provider, how is EEO
monitoring conducted? What about going through a formal procurement process?
Resolution —To align with 20 CFR 680.320, the directive has been updated to remove the
ability for Local Boards to contract with a provider listed on another state's ETPL. All training
providers, other than Distance Education training providers, that have training sites located
only outside of CA cannot be listed on the CA ETPL. Local Boards cannot utilize an ITA with out-
of-state training providers unless leveraging an approved ETPL reciprocal agreement. Please
see ETPL Reciprocal Agreements (WSD22-08) for more information on the use of approved
agreements.
Pre -apprenticeships
Comment #121— Do pre -apprenticeships need to meet placement? In the last Directive, this
was spelled out.
Resolution —Yes, the pre -apprenticeship programs that are on the ETPL need to meet the
same standards as the other postsecondary programs.
Comment #122—Suggestion to change pre -apprenticeship language to read: must provide
training that "leads" to an industry -recognized credential or certificate.
Resolution — No changes were made to the directive as a result of this comment.
Comment #123 — Can the state please elaborate on what Local Boards must require of pre -
apprenticeship training in the building and construction trades, especially those related to
Multi -Craft Core Curriculum (MC3)?
Resolution — If WIOA funds are being used to send participants to a construction pre -
apprenticeship, the state and Local Boards must ensure the pre -apprenticeships follow Multi -
Craft Core Curriculum (MC3) standards.
Comment #124— If pre -apprenticeships are not required to be on the ETPL, is their inclusion
solely to use ITAs if it does lead to a credential? What does listed on ETPL and used in
Page 23 of 25
conjunction with an ITA mean? I thought ITAs and ETPL went hand in hand. Is it possible to get
a link to MC3 in the policy? If a pre -apprenticeship is listed on ETPL must it be connected with
a Registered Apprenticeship Program?
Resolution — Pre -apprenticeships are considered an individualized career service, and are not
required to be on the ETPL. However, if a Local Area wants to utilize an ITA, the program must
meet the requirements to be listed on the ETPL. The pre -apprenticeship must meet the
definition of occupational skills training and award an industry -recognized credential. If it does
not meet these requirements, it cannot be on the ETPL. In order to be eligible for the ETPL,
pre -apprenticeships must have a Letter of Commitment from a DOL or DIR DAS apprenticeship.
The last paragraph on page 8 states that Local Boards should prefer pre -apprenticeships that
are partnered with DIR DAS Approved apprenticeships. Here (PDF) are some resources for
understanding Multi -Craft Core Curriculum.
Third Party
Comment #125 — Isn't this third party subcontracting requirement applicable only to public
colleges and universities?
Resolution —This applies to both public and private provides accredited by WASC.
Comment #126— Why are only WASC-accredited institutions limited from providing courses
via a third party if they participated in development of the curriculum and ensure
responsibility for the curriculum by issuing the related credential?
Resolution — WASC providers do not have their third party courses reviewed during
accreditation. To protect WIOA funds, third party vendors that directly receive tuition fees are
not allowed to provide training unless the third party vendor provider and program is on the
ETPL.
Comment #127 — Can an accredited training provider sub -contract to another training
provider, as long as that training provider is accredited by WASC?
Resolution — If the subcontracted training provider is directly receiving payment, they must be
listed as their own provider on the ETPL.
Comment #128— How do we determine which Local Board conducted continued eligibility for
the provider?
Resolution —The review record in CaIJOBS will show which Local Board completed the review.
Worker's Comp/Supplemental Job Displacement Benefit (SJDB)
Comment #129 — Has this passage about removing Workers Comp providers been discussed
with the agencies that currently use the ETPL (e.g. Worker's Comp, VA, DOR)? We have
frequent requests from these agencies to verify and list their providers.
Resolution —Yes, the state has discussed this language with other agencies.
Comment #130 — ETPL Coordinators get a lot of calls for people looking for worker's comp
voucher training. It seems that the worker's comp customers have to guess what to do, and
Page 24 of 25
while this clarification in the Directive will give ETPL Coordinators a ready-made response as to
why ETPL Coordinators can't assist worker's comp customers, it still leaves worker's comp
customers with questions.
Resolution —The DIR handles the administration of the Worker's Comp program, which
includes informing those in the program of where they can use their voucher. State law
requires that vouchers only be used for public schools or providers on the ETPL. Local Boards
that receive questions from voucher holders should direct them to their employer, Claims
Administrator, or the Department of Industrial Relations.
Comment #131— What are some resources that Local Board staff can use for Worker's
Compensation questions?
Resolution —A few resources regarding Workers' Compensation include the EDD's ETPL
webpage, which has a paragraph on Workers' Compensation, and Chapter 8 of the DIR's
Handbook on the Workers' Compensation program.
Page 25 of 25
ATTACHMENT 8
ERRATA CHRONOLOGY
The Workforce Services Directive ETPL Policy and Procedures (WSD21-03) dated November 10,
2021 was revised with the following changes:
Errata #1— On February 22, 2023, the following changes were made to the Directive:
• Directive, Page 1 and Attachment 7, page 1 — Corrected the number of comments
received from 135 to 131.
• Directive, Pages 1-2 — Made updates to the References section, including: updated
format to be in alignment with department guidance, added ETPL Reciprocal Agreements
(WSD22-08), and replaced Performance Guidance (WSD19-03) with Performance
Guidance (WSD22-01).
• Directive, Page 4 and 5, and Attachment 1, page 7, 13, 15, and 21— Due to removal of
Attachment 5, removed Ca1J085 ETPL Module Guide Card from list of attachments,
changed references to "Attachment 5" to "located on the Staff Online Resources page
in CaIJOBS," and updated references to Attachments 6 and 7 appropriately.
• Directive Page 4 and 5 —Added Errata Chronology.
• Attachment 1, page 7, Attachment 5, Page 1, and Attachment 7, page 13 and 23 —Added
language regarding the allowable use of an approved ETPL reciprocal agreement for Out -
of -State Training Providers.
• Attachment 1, page 9 and 10, Attachment 5, page 5 and 6, and Attachment 7, page 2 —
In alignment with the commission's update, change the abbreviation for the Western
Association of Senior College and University Commission from "WASC SCUC" to
"WSCUC".
• Attachment 1, page 10 and Attachment 4, page 1— Added sentence clarifying that the
CA ETP Assurances Form (Attachment 4) is uploaded annually into the Documents
section of the provider profile, prior to the provider's eligibility review.
• Attachment 1, page 11 and Attachment 5, page 8 — Removed requirement for WSCUC
providers to have their training program, location, and mode of delivery approved.
• Attachment 4, page 2 — In the table, edited "ETPL Provider Number" to "ETPL Provider
Name" and "ETPL Program Number" to "ETPL Program Name."
• Attachment 5, page 1 — Simplified text from "Is the Training Provider headquartered
and/or has at least one physical training site in CA?" to "Does the Training Provider have
at least one physical training site in CA?"
• Attachment 5, page 4 and 7 — Changed text from "Does the program offer occupational
skills training that results in an industry -recognized credential?" to "Training Program
leads to employment in a specific occupation or an industry recognized postsecondary
credential?"
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS GRANTS LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that;
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to Influence an
officer or employee of any agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) if any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying." In
accordance with its instructions,
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including agreements) and
that all subrecipient's shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more :than $110,000 for
each such failure.
4)hig--er 11AI-06 AdA St�rwJ ��s1 c�� Z✓%tf1F;� liyt'ah ��v11 S�Lx/
Grantee/Contractor Organization Program Title
EXHIBIT D
Certification Regarding Drug -Free Workplace Requirements
The certification set out below Is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by;
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free; awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee.
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will
Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT E
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
(1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (a) and (f),
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, If it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S.. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form,
Date Program O erat • Signature
EXHIBIT E
DIVISION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Whif fi"O'r urlim 9414 3chotd _
Name of Contractor: Wjhi- 1 oy urliavi hdyg v'C.hopi
Contract Number:
Date: t�- i -1� ID2.3
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
Address
EXHIBIT E
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification Is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were
published as Part Vl) of the May 16, 1988, Federal Register (Pages 19160-19211),
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of Its knowledge and belief,
that It and Its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
b, Have not within a three-year period preceding this proposal been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense In connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction
or contract under a public transaction; violation of federal or state antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
c. Are not presently Indicted for or otherwise criminally or civllly charged by a government
entity (federal, state or local) with commissionof any of the offenses enumerated in paragraph
(1)(b) of this certification; and
d.:Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant Is unable to certify to any of the statements to this
certification, such prospective participant shall attach an explanation to this proposal
Name and Title 0 icial Authorized to Certify
On Behalf of t e Gr tee
Date
INSTRUCTION FOR CERTIFICATION
EXHIBIT F
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds Is
providing the certification as set out below,
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered Into. If It Is. later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted If at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous whom submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and
"voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
whom this proposal Is submitted for assistance In obtaining a copy of those regulations,
S. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered Into, it shall not knowingly enter Into any lower tier
covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6, The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will
include the clause title 'Certification Regarding Debarment, Suspension, Ineligible, or voluntarily
excluded from the covered transaction unless It knows that the certification Is erroneous,
7, Nothing containedin the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required to exceed that which is normally
possessed by a prudent person In the ordinary course of business dealings,
S. Except for transactions authorized under paragraph 5 of these Instructions, If a participant in a.
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, Ineligible, or voluntary excluded from participation in this transaction, In
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment,
EXHIBIT F
Assurances & Certifications
Selected providers will be required to sign and submit "actual' assurances and Certificates as required by
the City of Santa Ana and the Workforce Development Board on all contracts.
I recognize that I must give assurances for each item below, Please initial each box hrdicating-you have.
read and are providing assurance.you are or will be in compliance with the following:
IKSAWDB uses the CalJOBs ETPL Module for accepting applications from the providers to be listed
on the ETPL, Local boards may authorize a single local board to act on their behalf in making
determinations for initial andlor subsequent eligibility of providers. Contractors must enter program(s)
of training services into CalJOBS. The training provider should only enter the program(s) desired to
be on the CA ETPL. If the program is offered with multiple modes of delivery, or course lengths, the
program must be entered separately for each variation.
SAWDB has authorized the South Bay WDB to make initial and subsequent eligibility determinations
for applications submitted from providers. Contractors should contact the South Bay WDB 11539
Hawthorne Blvd„ 51" Floor, Hawthorne, CA 90250, 310,970-7700,
J CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and
SAWDB agreement.
Li In cases where. South Bay WDB has denied a provider's application,, provider may submit the
application to SAWDB for consideration and processing at 801 W, Civic Center Dr. 9200, Santa Ana,
CA 92701 ATTN: SAWDB Staff. The submission must include completed ETPL training program
applications andit copy of letter from the South Bay WDB denying application.
Local boards may establish local policies requiring performance above the state minimum standards
for providers to be Included on the ETPL.
V�Acceptanco and processing of an application does not constitute an agreement or relationship between
the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB.
Applications will be process on an ongoing basis,
FiOr
LTI CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce
Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure
WSDIS-07 or it's replacement,
CONTRACTORS must also meet one of the following criteria in order to have their programs
listed on the ETPL;
1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of
Exemption by BPPE.
EXHIBIT t3
2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC,
or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other
WASC accredited institutions, This accreditation can be verified at: www.acoic,oru/ or
www;wasesertior aril
3) Postsecondary institutions eligible tinder Title IV of the Higher Education Act (HEA) and
offering programs leading toward an associate degree, baccalaureate degree, or certificate.
4) Approval by the California Department of Education.
S) Approval by the Chancellor's Office of the California Community Colleges (CCCCO).
WCONTRACTOR must reap"I to be considered for subsequent approval on the ETPL and agrees to
provide the required performance and cost information data.
jL CONTRACTOR must annually meet the state's minimum performance standards, however the
SAWDB may set higher levels, Public Postsecondary Community Colleges, CSUs, and UCs are
required to provide performance information for consideration of placement on the CA ETPL, but due
to heavy state oversight, investment, and the inability to capture true program outcome data, these
institution types are not required to meet specific performance threshold to be listed on the CA ETPL
P CONTRACTOR'S BPPE accredited shaft provide a copy of the provider's BPPE Annual Report (the
Performance Fact Sheet) to document their achievement of the performance criteria if applicable,
ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the
state, regional or local workforce development boards.
All Training on the ETPL must provide training services that lead to an industry -recognized credential,
national or state certificate,or degree, including all industry appropriate competencies, licensing
and/or certification requirements,
CONTRACTOR understands that all performance data and data submitted on the ETPL musk be made
available for data verificinlon by the SAWDB or the State EDD office,
CONTRACTOR must maintain all the relevant records utilized to support: the data submitted on ETPL
for audit or monitoring purposes by the SAWDB or the State EDD office.
CONTRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act), must apply
and receive a "Verification of Exemption" before being listed on the ETPL: Since it has been
determined that any expenditure of public funds, state or federal, that directly benefits a student to be
student financial assistance, we expect that instances of exemption will be very rare.
CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may
verity the data that was submitted to BPPE,
All new and current CONTRACTOR will be required to be registered in CaLJOBS11 and must have
all considered training programs listed with the BPPF, match on CaIJOBS.
All CONTRACTOR are required to enter performance data for each program to be listed on the ETPL
and provide evidence to the Local Board that they have met the minimum performance criteria
required. Programs that do not include performance data will not be approved for listing on the ETPL.
EXFIIBIT a
(CONTRACTOR must have their current course catalogs on file with the SAWDB,
Ar CONTRACTOR. agrees to immediately notify (_within 10 working days). the SAWDB, in writing, of
any changes in the information submitted with initial agreement,
90�CONTRACTOR agrees to accept WIQA eligible Deferrals from the Santa Ana WORK Center on an
�7 individual referral basis,
LI CONTRACTOR sball not accept nor enroll WIOA participants who do not meet the
CONTRACTOR's entrance requirements, which are to be the same general entrance requirements
required of public students, and agrees to submit a written notification to the Santa Ana WORT{
y Center's Case Manager stating the reason(s) for non -acceptance,
h� CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds
that might be available to offset the cost to WIOA and to work together with the WIOA client's Case
Manager to ensure all other funding sources are investigated and these funds obtained before
submitting the Vendor Voucher to the SAWDB for payment,
PrCONTRACTOR agrees to cross out sections of the stgdent enrollment ageomont that would hold the
WIQA participant financially responsible for any training related expenses,
Once accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on the
Vendor Voucher and no other,
CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for
%IM-pg-ty testing (Microsoft, Novell, A+, otc.) and will provide a copy of the Pass/rail results at that
time.
0 Pre -Apprenticeship CONTRACTORS:. must include a letter of commitment from an approved
apprenticeship program and meet the application policies and procedures required for the type of
program (e.g„ community college,private post-sseeondary, adult education provider, etc.),
CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA)
or recognized by DTR/DAS are exempt from initial eligibility procedures, Registered apprenticeship
programs must be included and maintained on the list of eligible providers of training services as long
was the corresponding program remains registered, as described at WIOA sec, 122(a)(3).
Ltg CONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the
Department of Labor, the WIOA client and any of their duly authorized representatives' access to �
the records regarding the WIOA client for monitoring purposes. The records include any books,
documents, papers, files and computer data directly pertinent to the records of the WIOA participant.
The right to records includes the right to make excerpts, transcripts and photocopies, The right also
includes the right to have reasonable and timely access to personnel for the purpose of interviews and
discussions related to the records of the WIOA participant,
,CONTRACTOR agrees to provide progress reports which indicate grades and test scoros as well as
attendaueo reports, to the WIOA client's Case Manager on a monthly basis,
EXHIBIT G
�CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working
days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out
of school unless other arrangement are made in writing,
CONTRACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to
the "City of Santa Ana" for the number of unusedtraining hours and any non4ssued training/testing
vouchers, books,, tools, etc, due within 30 calendar days after the last day the WIOA client attended
school or+the day the school was notified that the WIOA client dropped. Said check to be mailed to
the attention of the WIOA Case Manager, 801 W Civic Center Dr., #200, Santa Ana, CA 92701,
tl CONTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate
of completion or diploma or official transcripts within 10 working days of the date of completion or
graduation.
CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement
assistance as provided to the public students and to provide the WIOA Case Manager with all the
pertinent information regarding the placement of the WIOA client within working days of the WIOA
client's first day of employment, A WIOA client has 180 days after completing training to get a Job
for the CONTRACTOR to get credit for placement in employment,
WI am authorized by my Board of Directors, Trustees,, other legally qualified officer, or as the owner of
this agency or business to submit this proposal,
KI CONTRACTOR is not currently on any Federal, State of California, or local Debarment list,
ff CONTACTOR will provide records to show that we are fiscally solvent; if needed,
Pr CONTRACTOR has, orwill have, all of the fiscal control and accounting procedures needed to ensure
that WIOA funds will be used as required bylaw and contract,
Ili CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone.
CCiN"1 RACTOR will meet the applicable Federal, State, and local compliance requirements, These
include, but are not limited to:
aRecords accurately reflect actual performance if applicable,
Maintain record contldeatiailty, as required,
hg�Reporting financial, participant, and performance data, as required,
eComply with State and Federal fiscal and program activity audits,
KComplying with Federal and State non-discrimination provisions,
9' Meeting requirements of Section 504 of the Rehabilitation Act of 1973..
Kr Meeting, requirements of the American's with Disabilities Act of 1990. (submit completed survey)
EXHIBIT G
Meeting all applicable labor late, including Child Labor Law standards.
Agree to provide a drug free workplace.
r
A Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
�y Coverage in the amount of $1,000,000,00 policy.
I� Agree to provide all participants with Grievance Procedures,
�Agreo to insure proposer's employees through Workers Compensation Insurance (including part-time
employees)
PrProeuroment policies and procedures are in place and meet federal guidelines.
CONTRACTOR will no
�II���-- Use WIOA money to assist, promote; or deter union organizing.
'NSH Use funds to employ or train of persons in sectarian activities.
P Uso funds for youth in the construction, operation, or maintenance of any part of a facility to be used
for sectarian instruction or religious worship,
9'Use WTOA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
EXHIBIT G
COMPLAINT HANDLING
UNDER THE
Workforce Innovation Opportunity Act
Santa Ana Local Workforce Development Area
Revised March 10, 2023
EXHIBIT H
Table of Contents
I. Information Regarding Compla
A. Nondiscrimination and Equal Opportunity Complaints 3
1. Policy State
2. Civil Rights 4
3. Nondiscrimination laws under WIOA 4
4. How to File Your Complaint 5
B. Criminal Complaints 6
II. General Procedures for Handling Non -Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWDA
rA
IV. Procedures for Handling Complaints at the State Level 12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Disability Complaints by Participants 17
GLOSSARY OF WIOA
2
EXHIBIT H
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the
City of Santa Ana Local Workforce Development Area (LWDA) will establish
programs to prepare youth and unskilled adults for entry into the labor force and to
afford job training to those individuals facing serious barriers to employment. Every
effort will be made to provide services necessary for eligible individuals to obtain
productive employment.
In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VI of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Innovation Opportunity Act of 2014
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIOA funded program because of race,
color, religion, sex, national origin, age, disability, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIOA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIOA.
EXHIBIT H
Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA)
Program is delegated to the Equal Employment Opportunity (EEO) Officer for the
Santa Ana local Workforce Development Area. Equal opportunity and non-
discrimination, however, will only be achieved through leadership and implementation
of a viable Affirmative Action Equal Opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA)
programs may be discriminated against because of race, color, creed, disability,
national origin, sex, age, political affiliation, or beliefs.
This means that — for any of the characteristics listed above:
You may not be denied the opportunity to enroll in WIOA.
• No benefits or services may be denied you for discriminatory reasons.
• You may not be segregated or treated any differently from other applicants or
participants, while you are being registered, interviewed, counseled or tested; or
while you are working or attending classes as part of the program.
• You must be provided an equal chance to use all facilities available in the
program.
• Fair employment practices must be provided to all staff with regard to recruiting,
hiring, transferring, promotions, training, compensation, benefits, layoff, and
termination.
You have the right to make a complaint if you feel you have been denied any of the
above opportunities. You cannot in any way be penalized for filing a complaint. Your
WIOA sponsor has established a mechanism for handling complaints and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
3. Nondiscrimination Laws under WIOA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons' age 40-70.
The Rehabilitation Act of 1973
EXHIBIT H
Prohibits discrimination based on disability.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity receiving
federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Acts of 1964
Prohibits discrimination in employment based on race, color, religion, sex, or
national origin in all terms and conditions of employment and establishes the
Equal Employment Opportunity Commission as the administrative agency.
White House Executive Order no. 11246 as Amended by Executive Order No
11375
Creates the office of Federal Contract Compliance and prohibits discrimination
based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4-73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political affiliation, or
beliefs.
4. How to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened and when it
happened.
d. Give the name and addresses of all persons who were present or who had
anything to do with the matter.
...Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation and citizenship, must be filed within 180 days of the
alleged occurrence directly with:
EXHIBIT H
Director
Civil Rights Center
U.S. Department of Labor, Room N-4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of disability must be filed within 180 days of the alleged
occurrence. These complaints must be filed directly with the WIOA administrative
entity. The WIOA administrative entity shall issue a written decision within 30 days of
the filing of the complaint. If the complaint is still unresolved, an appeal may be made
to the Chief of State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal Employment
Opportunity Commission, and many other offices and agencies are committed to
assuring equal employment opportunities for all persons. They will protect you.
A case may be taken to court if the other processes do not yield satisfactory results.
You may hire your own lawyer, or if you cannot afford one, the court may appoint one
for you.
It is unlawful for an employer, union, or employment agency to punish you or any
witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INNOVATION OPPORTUNITY ACT
Santa Ana Local Workforce Development Area
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92701
(714)565-2600
B. Criminal Complaints
In accordance with the WIOA and the implementing code of Federal section 667.600....
Federal handling of criminal complaints and report fraud, abuse and other criminal
activity. "All information and complaints involving fraud, abuse or other criminal activity
shall be reported directly and immediately to the City of Santa Ana and the Secretary of
Labor."
Il, General Procedures for Handling Non -Criminal Violations of the Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the
Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the
receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub
6
EXHIBIT H
recipients, applicants for participation, or financial assistance, labor unions, community based
organizations, or any other persons.
These procedures provide for resolution of non -criminal complaints arising from the operation of
the Santa Ana LWDA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such participants in
employment training programs. All complaints, amendments and withdrawals shall be in
writing. These procedures are intended to resolve matters which concern policies, procedures
or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient
and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not
restrict the LWDA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
1. All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his/her complaint to correct technical deficiencies but not to add issues.
3. Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training, participants shall be provided with a
written description of these procedures, including notification of their right to file
complaints and instructions for filing.
An employer of participants, including private -for -profit employers of participants, may
use this or other complaint resolution procedures so long as the participant is
informed of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
EXHIBIT H
A "participant", within the meaning of these procedures, is an individual who receives
employment -training services under a program funded by Santa Ana LWDA. The
Complaint Resolution Procedures contained herein (or the alternative procedures
which an employer may use) shall be available to participants to resolve disputes
regarding items and conditions of employment of such participants in employment
training programs. However, such procedures shall not be used to resolve disputes
regarding terms and conditions of employment of any employee who is not a
participant, as defined herein.
5. If a complaint does not receive a decision at the LWDA grant recipient level within 60
days of filing the complaint or receives an unsatisfactory decision, the complainant
then has a right to request a review of the complaint by the Governor.
6. Complainants must initially file and exhaust LWDA grant recipientlhearing procedures
prior to appealing to the State except where the State determines that the LWDA
grant recipient's procedures are not in compliance with the State's procedures.
III. Procedures for Handling Complaints at the LWDA Level
A. Receipt Complaints
Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA
administrative entities have the responsibility to conduct hearings and resolve complaints
made by individuals about the administration of programs in the LWDA. "LWDA level"
encompasses LWDA administrative entity and employers to which the administrative entity
has delegated the complaint resolution process. The following comprise the guidelines for
resolving issues arising in connection with WIOA programs operated by the Santa Ana
LWDA including resolutions of complaints arising from actions, such as audit disallowances
or the imposition of sanctions taken by the Governor with respect to audit findings,
investigations or monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
a. Full name, telephone number, if any, and mailing address of the complainant;
b. Full name, telephone number, and mailing address of the agency involved (respondent);
c. Clear and concise statement of facts including dates constituting alleged violation;
d. What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
EXHIBIT H
e. Remedy sought by the complainant; and
If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his/her failure
to do so should not preclude his/her right to request a hearing on the matter.
c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he/she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing anc
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Daniel Durham
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714)647-5330
EXHIBIT H
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten-day notice may be shortened with the written consent of the parties. A decision
will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
b. The date, time and place of hearing before an impartial hearing officer.
c. A statement(s) of the alleged violation(s)
Advise as to where information or assistance may be obtained, and the name, address,
and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO)
Officer who can answer inquiries.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The
hearing officer will be selected from a list of names on file with the EEO Officer.
Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity
should begin the hearing by summarizing the record and the issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
zo
EXHIBIT H
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order of proof.
Generally, the party making the complaint has the obligation of establishing his or her
case and should be examined first.
5. The party involved should have the right to be represented (at their own expense) if
he/she so desires. Other he/she is limited to his/her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
7. The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the LWDA for final determination. The recommended decision
shall be in writing and may be accepted, rejected or modified by the Santa Ana
Workforce Development Board.
C. Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a
written decision to all parties by first class mail. The final decision shall contain the followina
information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a
review of the decision by the State Review Panel.
11
EXHIBIT H
D. Record of Hearing
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for a three-
year period after the grant has been officially closed out.
The Santa Ana LWDA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 683.600, each employing agency including private -for -profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIDA's established
procedures under Section 683.600. At a minimum these procedures must include:
Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
3. Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWDA and the State Review Panel in accordance with
Section 683.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires
the Governor to establish a State Review process of complaints filed at the LWDA grant
recipient level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWDA level including audit disallowances and sanctions
shall be reviewed by the State Review Panel. The State Review Panel shall review the record
12
EXHIBIT H
established at the LWDA level and shall issue a decision based on the information contained
therein.
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWDA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWDA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information:
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWDA decision to be
reviewed including regulatory and statutory citations
e. A statement of the relief sought.
3. Complainant Responsibility
It is the responsibility of the complainant to include in the request for review a written
statement setting forth the facts presented at the LWDA hearing which support the
requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party and to the
LWDA. It shall be the responsibility of the LWDA to submit the complete record including
a typed record of the hearing to the Chief, WID, within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
13
EXHIBIT H
If no decision has been issued at the LWDA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
hearing officer will then issue a recommended decision to the State's Review Panel for
final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWDA should
have issued a decision or ten (10) days after the issuance of the audit disallowance or
sanction. The request shall be filed directly with the Chief of the WID in writing and
should include the following:
a. Full name, address, and telephone number of the LWDA
b. Name, address, and telephone number of the LWDA
C. Copies of complaints made at LWDA level from which no decisions were
issued or sanctions and imposed.
A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a designated
hearing officer will be scheduled.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present oral
and/or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the WID,
and one from the Director's office. The panel will issue a written decision, which will be
sent to the appropriate parties within thirty (30) days of receipt of the request for State
review.
14
EXHIBIT H
Decisions issued by this panel, under the authority of the Governor, are final.
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIOA, implementing WIOA regulations or
the grant agreement. This review shall be limited to the record established at the LWDA
hearing.
V. Procedures for Handling Discrimination Complaints by Participants.
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180
days of the alleged occurrence.
1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO)
Officer to determine jurisdiction and to make the complainant aware of and provide
assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure
under Section II (A).
15
EXHIBIT H
PROCEDURES FOR HANDLING NON -CRIMINAL COMPLAINTS
No later than
180 days of
alleged
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWDA decision
should have been
issued.
Handling of complaints filed at LWDA level arising in connection with
WIOA programs operated by LWOAs
Informal Resolution Process
Unsatisfactory Decision or LWDA Decision not issued within 60 days
Request for State Review w
0
a
N
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
11
ti
16
EXHIBIT H
2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Daniel Durham
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714)647-5330
VI. Procedures for Handling Disability Complaints by Participants
Complaints alleging discrimination on the basis of disability will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his/her
complaint.
A. Procedures at the LWDA Level
The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
The complainant may appeal to the State if he/she is not satisfied with the decision of the
Santa Ana LWDA.
17
EXHIBIT H
The Complainant must file his/her appeal as a request for review directly with the Chief
WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision.
3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
4. After the complainant has received a decision or no decision has been received from the
Director of Employment Development Department (on behalf of the Governor), the
complainant has the right to appeal his/her complaint within thirty (30) calendar days to
the Office of Civil Rights (OCR) with the Department of Labor.
sa
EXHIBIT H
1PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LWDA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis of Disability with LWDA
Informal Resolution
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWDA Decision
o
Unsatisfactory Decision or No Decision
o
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor I
Day 1
Day/45 Day
60 Days
19
EXHIBIT H
GLOSSARY OF WIOA TERM
AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on
the basis of age by any program or activity receiving Federal Funds.
APPLICANT — An individual who applies to a subrecipient or contract for services provided under
WIOA and who has not yet transitioned to the status of participant.
ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during assessment process.
CHARGING PARTY (CP) COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person
who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the
effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees,
and parolees and other individuals authorized by the Attorney General to work in the United States.
EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subjects to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
executive Order 11246, as amended.
GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some
equitable or legal right, or causes injustice .
INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that
constitutes or results in a substantial challenge to employment.
INTAKE — Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
unless OCR has a compelling reason to investigate. Joint complaints alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
20
EXHIBIT H
JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post -termination
services) funded under the Act, following intake, except for an individual who receives only outreach
and/or intake and assessment services.
21
EXHIBIT H
Cazarez, Juan
From: City of Santa Ana <certificate-request@ctraxjdidata,com>
Sent: Wednesday, June 21, 2023 9:45 AM
To: cooray@ascip.org; Goodson, Audrey; margie.moriarty@wuhsd.org; Barba, Sandy
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Name:
Whittier Union High School District
Project
Number:
A-2020-194-25
Project
Name:
Agreement For Workforce Training
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverane(s) are:
7,- i %
TYPE OF INSU ANCE r -
OLICY,NU BER
EX ATION ,
DATE
$ OI DATE
_
FILE NA B
s
Whittler Adult
GENERAL LIABILITY
M0058"
07/01/2024
06/15/2023
School
07012024.pdf
WORKERS COMPENSATION AND EMPLOYERS'
Whittier Adult
LIABILITY
M0058
07/01/2024
06/15/2023
School
07012024.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
6/21/2023 12:44 PM
EVIDENCE OF COVERAGE
OATe(MM1001YYYY)
6/20/2023
This Evidence of Coverage Is used as matter of Information only and confers no rights upon the Certificate Holder, This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed below..
MEMORANDUM. NUMBE11h68
JOINT POWERS AUT tORITY(JPA).
AIIlance.of Schools for Cooperative Insurance Programs
16560 Bloomfield Avenue
Cerritos, CA 90703
www,ASCIP.org
CONTACTNAM9: Mr.RoshanODomy
PHONE: (562) 404-8020 moray@aeclp.org.
JPA MEMBER
Whittier Union High School District
9401South Painter Avenue
Whittier CA 00605-2729
This Is to certify that the Alliance of Schools for CooparatNe Insurance Programs (ASCIP) fMemorandum of Coverages on Insurance listed below have
been Issued to the Covered Party named above for the: period Indicated. Notwithstanding any requirement, term, or condition of any contract or other
document with respect to which this Evidence of Coverage may be used or may pertain,. the. coverages afforded by the Memorandum. of Coverages
described herein are subject to all the terms, exclusions, and conditions of suchMemorandum of Coverages..
TyPEDP COVERAGE
IN81t
MEMORANDUM NUMBER (MCC) (MESOuhrir)
PP2xojaacn
11
LIMIT OF LIABILITY ICOVERAGE
GENERAL
LIABILITY
OCCURRENCE
Personal Inlur
,/
MOG 468
7/1/2o2$
7/1/2o24
COMBIN EA SINGLE LIMIT PER OCCURRENCE
S $6,000�000
AoomCATE
s none
is
Errors. & Omission
IsEmployment
Practices..
S
AUTOMOBILE
LIABILITY
AUTOMOTIVE PHYSICAL -DAMAGE
COMPREHENSIVE / COLLISION _
ANYAUTO
Owmad. Auto'—
Y1
K4001158
7/1/2023
7/l/2024
COMBINED: SINGLE LIMIT PER OCCURRENCE
a $5,000,000
ACTUALCA$HVALUE
$.
$
$
Hired Auto
PROPERTY
SU!@INOICON7ENT5
pIRE,7HEPT, RENTAL INTERRUPTION
REPLACEMENT OETSUBJEOTO POLICY LIMITS,
TERMS,
S
S
_
WORKERBCOMPENSATION
AND EMPLOYERS' LfA91LITY
121WO STATUTORY LIMITS.
NIA
MOO#58
71112023.
7/1/2024
EACH ACCIDENT
$ $2,000,000
PER EMPLOYEE
S $2,000,000
POLICIYLIMIT
$ $2,000,000
'OT
OR
EMPLOY98 DISHONESTY (CRIME)
SUBJECTTO POLICYLIMRS, TERMS,ANDCONDITIONS
S
$
S
$
ADDITIONAL REMARKfu
As ro$geats to Adult School Comracfbetween Adult School and Santa Ana Workforce Development Board
(Inaludea Professional Liability)
CERTIFICATE HOLDER
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana CA 92702
CANCELLATION
Should any er the above coverages for the Covered Party leechanged orwfthdrawn prior
to the. Expiration date Issued above, ASCIP will mall 30 days written notice to the
Certificate Holder, but failure to mall such nouceshall Impose noobllgatlon or IlabllEy of
any kind upon ASCIP, Its agents, or representatives,.
—
AUTHORIZED REPRESENTATIVE: Fritz J, Heirich
#ASCIP is ajolnt poWersaelherltyparsualettoArticle I(commencing with$edlon 000)"Chapter S of Dldsion7o(nuoiorthe Government Code allSeanons39603 and 01603ofthe Education Code, pevs 97
'14900371 1 50 1. 23/24 All 'Manure I -Sonia nojao 1 6/20/2023 1113•),12 All (PST) 1 11090.3 of 3
Additional Covered Party Endorsement
Di$tri'Ct: WhI01er hnkm High School District
Endorsement No.
74908371
Additional Covered Party:
Description of Operations, Vehicle, or Property:
phycfSame Ann
An, o kforca Devieloorria t 8aar otnalwaen Adult Sohool and9anla
The City of Santa Ana, its officers, officials, employees,
and volunteers are to be covered as additional insureds
IlabllllY.arisln
p
on I�ia 001. policy with respect to out of
work or opnratlens performed by or on Behalf oythe
?�u0rntraaotor n uding materials, arts, or: equipment
furnlaned In connection with such. work or operations
Coverage Period: Effective:7/1/202s Expires 12:01 a.m.:7f1/2024
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above.
in accordance with the provisions contained in the Momorandurn of Coverage (MOC), The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property voted above, It isinteuded by
ASCIP in issuing this'endarsement to defence and/or lntloninify the Additional Covered Party. In issuing this endorsement ASCIP
intends and agrees to extend coverage pursuant to (lie terms and conditions of the MOC to the Additional Covered Party named
above only to the extent .that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming motley
damages on account of bodily injury or property damage as defined and lltutted,in the ASCIP MCC, The limits of liability extended
to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Such insurance as afforded by this policy
shall be primary, and any insurance carried by the Additional Covered Party reamed above shall be in excess and non-contributory.
Antliorized Representative:
Date Issued:6/2012023
ASCIP is a joint pawors authority pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government
Code and Sections39603 and 81603 ofthe Education Code.
ltov 5l97
74900R1 1 58 I'23/24 All Tgpan WC i Sonia ROJ40 1 8190/2021 13,9r318 N4 (UST) I aada's Of
Waiver of Subrogation Endorsement
DiSftkt: WhIdlor Unlon High School District
Endorsement No.
74908371
Name of Person or Organization:
Description of Operations:
City of Santa. Ann
As re�speolsto tuv' sohaat Conlractbetween Adult School and Santa
Ana Workforce Devalopmant board
Th City of Santa Ana its officers, officials; employees,
an volunteers are to tie covered as additional Insureds
on t a GGL policy with respect to liability arising out of
Wor or operations performed by or on behalf of the
pponiractor including materials, parts, or equipment
iurnl5 ad In connection with such work or operations
Coverage Period: Effective:
7i1/2023 Expires 12:01 a.m.: 7/1iz024
ASCIP has the right to pursue subrogation recoveries from any party liable for an injury, in whole or in part, in accordance with
the provisions contained in the ASCIP Memorandum of Coverage (MOC). With reference only to file Instructional "training
Agreement between Yosemite CCD and the City of Modesto dated March 1.2020, ASCIP waives any dhect right of subrogation
against the City of Modesto on a Workers' Compensation or Employers' Liability claim for activities arising from that agreement.
'file subrogation waiver shall not apply to ASCIP's right to recoup Workers' Compensation benefits paid when the injured worker
recovers from a third -party defendant, including ASCIP's right to intervene and assert a [fair in any third party action, The waiver
ofsubrogation shell not apply to any other type of loss or paymont paid by ASCII?;
Authorized Represetttattw
Date Issued: g/20/2ov
ASCIP is ajoint polvers'authority pursuant to Article t (commencing with Section 6500) of Chapter 5 ol'Division 7 of "ride I. of the Government
Code and Sections 39603 and & 1603of the Education Code,
Rev 5116
24900391 1 58 1. 93/24 All Typos fie I an➢iu. Rojas 1 6120/2023 11137:12 AM (POT) IPage I ee 3
W IQPrIrR UNION : 11011 SCHOOL nISTIIICr
Whittier -hIon High School Diistrict
�. BUARD oP musTues: Mc Jaime, Lopuz, President • Dr. Ralph S. Paclieco, Vice President, Mr. Gary Mendez, Clerk - -
Ms, IrmaItodrfguez Moisu; Member Dr. Russell Castndeda Callcros, Member - -
SUMeR1NTENDGNT: Dr. Marries Oviedo DEPUTY SUPERINTENDENT; Mr. Kevin Janiero
,.. to avhfava unaNninmin ezhllenao... ` ASSISTANT SUPERINTENDENTS: Ms. Ann Pilzgerald , Mrs. Lilia Rozigiou
9401 South Paint•;er Avenue M Whittier, CMifornin-90605.27;29 a "562 698-SI2I
.July 1, W23
TO ,Whom It May. Concern . .
FROM:, Kevin Jsmero
Deputy Superintendent'
SVBJFCT: Workers' Coinpensatic n Imuranee Coverage
The Whittier ',Union - High School District is', self -insured for workers'
compensation insurance liability.. _ _ ,.
E mpIoyeos .,of:.the .District ;are covered . by` 'rho ' District's Workers'
Compensation at any work site they may be assigned. '
Please feel free to contact me 'should you" have any questions or need further
clarification.; `.
Thank you, _
st
It do thedittsston nJ'lhe FPliittiar Union Fliglt _SchooCDislrlcllo-
- ochine and matirtain.`excellence in pim1ding a comprehensive edwation Jbr all.chrrlents.
AUUI.TEDUCATION +•CADIFORNIA•FRONTIER. LASERNA+.PIONEERSANTAFEISIERRAVISTA, WHITTIERHIGH SCHOOLS
EVIDENCE OF COVERAGE
DATE (MM/DD/YYYY)
6/20/2024
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not
amend, extend, or alter the coverage afforded by the memoranda listed below.
MEMORANDUM NUMBER: 58
JOINT POWERS AUTHORITY (JPA)
Alliance of Schools for Cooperative Insurance Programs
16550 Bloomfield Avenue
Cerritos, CA 90703
www.ASCIP.org An
CONTACT NAME: Mr. ReShan COora e�
I
PHONE: (562) 404-8029 cooray.org
gas
JPA MEMBER
Whittier Union High School District
9401 South Painter Avenue
Whittier CA 1060D7fg9itally signed
by Angie Acevedo
to ha e
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCIP Mem�dum of Covera s o� 1� ra e li e7fcc"ov
been issued to the Covered Party na d above for the period indicated. Notlndi g any r, o�ld�i'oy/ny o ootr
er h I •e/ra 2c o rags
document with respect to which t ide IL pigV164
described herein are subject to all m exclu sand of Coverages.
TYPE OF COVERAGE
INSR
EMO DUM BER OC)
(MMIDP12:01a.m.P
IIv1;T
IA LITY I E AG
GENERAL
LIABILITY
OCCURRENCE
Personal Injury
,/
MOC #58
7/1/2024
7/1/2025
COMBINED SINGLE LIMIT PER OCCURRENCE
$ $5,000,000
AGGREGATE
$ none
$
Errors & Omission
$
Employment Practices
$
AUTOMOBILE
LIABILITY
AUTOMOTIVE PHYSICAL DAMAGE
COMPREHENSIVE / COLLISION
ANY AUTO
Owned Auto
�/
MOC #58
7/1/2024
7/1/2025
COMBINED SINGLE LIMIT PER OCCURRENCE
$ $5,000,000
ACTUAL CASH VALUE
$
$
$
$
Hired Auto
$
PROPERTY
BUILDING / CONTENTS
FIRE, THEFT, RENTAL INTERRUPTION
REPLACEMENT COST SUBJECT TO POLICY LIMITS, TERMS,
AND CONDITIONS
$
$
$
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
❑✓ WC STATUTORY LIMITS
N/A
MOC #58
7/1/2024
7/1/2025
EACHACCIDENT
$ $2,000,000
PER EMPLOYEE
$ $2,000,000
POLICY LIMIT
is $2,000,000
OTHER
EMPLOYEE DISHONESTY (CRIME)
SUBJECTTO POLICY LIMITS, TERMS, AND CONDITIONS
$
$
$
$
ADDITIONAL REMARKS:
As respects to Adult School Contract between Adult School and Santa Ana Workforce Development Board
(Includes Professional Liability)
CERTIFICATE HOLDER
City of Santa Ana
Risk Management Division
20 Civic Center Plaza;/
Santa Ana CA 92702
CANCELLATION
Should any of the above coverages for the Covered Party be changed or withdrawn prior
to the expiration date issued above, ASCIP will mail 30 days written notice to the
Certificate Holder, but failure to mail such notice shall impose no obligation or liability of
any kind upon ASCIP, its agents, or representatives.
/," `�/ / RA ManagementDiviaian
% REVIEWED
/y& APPROVED BY.
AUTHORIZED REPRESENTATIVE: Fritz J. H21f1 �-5-11�1,-I--�L: - T'Ig,�z AaN 44
7 of Title 1 of the Government Code and Sections 396 Risk Management Specialist
*ASCIP is a joint powers authority pursuant to Article 1(commencing
with Section 6500) Chapters of Division
80572268 1 58 1 24/25 All Types WC I Sonia Rojas 1 6/20/2024 4:43:16 P61 (PDT) 1 Page 1 of 3
AddWonal Covered Party Endorsement
Endorsement No.
D1Stl'1Ct: Whittier Union High School District
80572268
Additional Covered Party:
Description of Operations, Vehicle, or Property:
City of Santa Ana
As respects to Adult School Contract between Adult School and Santa Ana
The City of Santa Ana, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the
Workforce Development Board
CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor
including materials, parts, or equipment furnished in
connection with such work or operations
Coverage Period: Effective:7/1/2024 Expires 12:01 a.m.: 7/1/2025
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above
in accordance with the provisions contained in the Memorandum of Coverage (MOC). The coverage extended hereby applies only
with respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted above. It is intended by
ASCIP in issuing this endorsement to defend and/or indemnify the Additional Covered Party. In issuing this endorsement, ASCIP
intends and agrees to extend coverage pursuant to the terms and conditions of the MOC to the Additional Covered Party named
above only to the extent that the Additional Covered Party faces liability arising out of claims, demands, or lawsuits claiming money
damages on account of bodily injury or property damage as defined and limited in the ASCIP MOC. The limits of liability extended
to the Additional Covered Party listed above is $5,000,000 per occurrence for liability. Such insurance as afforded by this policy
shall be primary, and any insurance carried by the Additional Covered Party named above shall be in excess and non-contributory.
Authorized Representative:
Date Issued:6/20/2024
ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5/97
Risk Management Division
REVIEWED & APPROVED BY.
Ag�z AaN4 Z
® Risk Management Specialist
80572268 1 58 1 24/25 All Types WC I Sonia Rojas 1 6/20/2024 4:43:16 PM (PDT) I Page 2 of 3
Waiver of Sulwogafiorti
Endorsement
District: Whittier Union High School District
Endorsement No.
80572268
Name of Person or Organization:
Description of Operations:
City of Santa Ana
As respects to Adult School Contract between Adult School and Santa Ana
Workforce Development Board
The City of Santa Ana, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the
CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor
including materials, parts, or equipment fumished in
connection with such work or operations
Coverage Period: Effective: 7/l/2024 Expires 12:01 a.m.: 7/1/2025
ASCIP has the right to pursue subrogation recoveries from any party liable for an injury, in whole or in part, in accordance with
the provisions contained in the ASCIP Memorandum of Coverage (MOC). With reference only to the Instructional Training
Agreement between Yosemite CCD and the City of Modesto dated March 1.2020, ASCIP waives any direct right of subrogation
against the City of Modesto on a Workers' Compensation or Employers' Liability claim for activities arising from that agreement.
The subrogation waiver shall not apply to ASCIP's right to recoup Workers' Compensation benefits paid when the injured worker
recovers from a third -party defendant, including ASCIP's right to intervene and assert a lien in any third party action. The waiver
of subrogation shall not apply to any other type of loss or payment paid by ASCIP.
Authorized Representative:
Date Issued: 6/20/2024
ASCIP is a joint powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5/16
Risk MmigmumtDMsian
REVIEWED & APPROVED BY.
Ag�z AaN4 Z
® Risk Management Specialist
60572268 1 58 1 24/25 All Types WC I Sonia Rojas 16/20/2024 4:43:16 PM (PDT) I Page 3 of 3
WHIT71ER UNION HIGH SCHOOL DISTRICT
Whittier Union High School District
BOARD OF TRUSTEES: Mr. Gary Mendez, President • Ms. Josefina E. Canchola, Vice President • Ms. Irma Rodriguez Moisa, Clerk
Dr. Russell Castaneda Calleros, Member • Mr. Jaime L6pez, Member
SUPERINTENDENT: Dr. Monica Oviedo • DEPUTY SUPERINTENDENT: Mr. Kevin Jamero
to achieve and maintain excellence ... ASSISTANT SUPERINTENDENTS: Ms. Ann Fitzgerald • Mrs. Lilia Bozigian
9401 South Painter Avenue • Whittier, California 90605-2729 * 562-698-8121
July 1, 2024
TO:
FROM:
SUBJECT:
Whom It May Concern
Kevin Jamero_
Deputy Superintendent
Workers' Compensation Insurance Coverage
The Whittier Union High School District is self -insured for workers'
compensation insurance liability.
Employees of the District are covered by the District's Workers'
Compensation at any work site they may be assigned.
Please feel free to contact me should you have any questions or need further
clarification.
Thank you.
St
Risk Management Division
% REVIEWED & APPROVED BY:
Ag,�z Acev44
It is the mission of the Whittier Union High School District to Risk Management Specialist
achieve and maintain excellence in providing a comprehensive education for all stt,
ADULT EDUCATION • CALIFORNIA • FRONTIER • LA SERNA • PIONEER • SANTA FE • SIERRA VISTA - WHITTIER HIGH SCHOOLS