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Home My WebLink AboutNORTH ORANGE COUNTY REGIONAL OCCUPATIONAL PROGRAM (NOCROP)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2023-069-31 C.-CV2Alt CITY CLERK DATE: AGREEMENT FOR WORKFORCE TRAINING THIS SUBAWARD AGREEMENT ("Agreement"), made and entered into this 111 day of October, 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 North Orange County Regional Occupational Program (NOCROP) identified by the assigned Unique Entity Identifier (UEI) Number (Y42HCM26UKN1) ("CONTRACTOR"). 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 CalWORKs 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 Page 1 of 19 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 CONTRACTOR'S 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 arc 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 Page 2 of 19 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"). I. If funding is through WIOA, CONTRACTOR agrees to comply with the "Complaint Handling Procedures under the WIOA', attached hereto as Exhibit 9 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.) 1,1246, as amended by B.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. Page 3 of 19 L. CONTRACTOR agrees to the following accounting, monitoring, auditing, and review requirements: I. 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 rondered 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. Page 4 of 19 O. 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 Act or 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 Page 5 of 19 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, III. 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 Page 6 of 19 finding. IIl. 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. V. 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. VI. 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. Page 7 of 19 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. VII. 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 sot forth herein. B. CONTRACTOR also assures and certifies that: I. 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 lhniting 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. Page 8 of 19 7. CONTRACTOR shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated herein. s, 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. 11. 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 j; the Clean Water Act ("CWA") (33 USC 1.368); 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: Page 9 of 19 (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 ]mown violation of the above laws and regulations. 13. CONTRACTOR agrees to adhere to the following STANDARDS OF CONDUCT: 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. 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. 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. 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. Page 10 of 19 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. 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, VIII. HOLD HARMLESS A. Each Party (The CITY and CONTRACTOR) shall mutually indemnify, defend and hold harmless the other Party and its affiliates, respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorney's fees) arising from or in connection with this agreement incurred by or rendered against the other Party or its affiliates, respective officers, directors, employees, agents, and representatives, except to the extent that such claims, damages, losses, liabilities, judgments, settlements, costs and expenses are caused by the negligence or intentional.misconduct of the other Party. Each Party shall promptly notify the other Parry of any such claim and shall reasonably cooperate in the defense of such claims at their own expense. The mutual indemnity herewith shall survive the completion or termination of the agreement. IX. 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. 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 Page 11 of 19 limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe 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 veriWation 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 verifieation 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, CO 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used), Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 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. Page 12 of 19 Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Self-Iusured 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 eltherthe 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. 2. 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 (S) years after completion of work. 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 Pago 13 of 19 Entity reserves the right to modify those requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. X. 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. XI. 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 CPR 200.317). No subcontractor assignment shall terminate or alter the legal obligations of CONTRACTOR pursuant to this Agreement. XH. 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 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. 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. Page 14 of 19 XIH. 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. XIV. 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. XV. 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, XVI. TERNIINATION 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 Page 1.5 of 19 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. XVII. DISPUTES A. Nonbinding Mediation. The Parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement (collectively, a "Claim"), must be submitted to JAMS or Indicate West, or their successor (the "Mediation Provider"), for mediation, prior to the initiation of any proceeding, Either Party may commence mediation by providing a written request for mediation to the Mediation Provider and to the other Party. The written request for mediation must set out the subject of the dispute and the relief requested. The Parties will cooperate with the selected Mediation Provider and with one another in selecting a mediator from the Mediation Provider's panel of neutrals and in scheduling the mediation proceedings. The Parties will participate. in the mediation in good faith, The Parties will share equally in the cost of the mediation. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts, and attorneys, and by the mediator or any Mediation Provider employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any action, judicial reference or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable is not rendered inadmissible or non -discoverable as a result of its use in the mediation. B. Arbitra on, All Claims that are not resolved by mediation must be submitted to arbitration. Either Party may initiate arbitration proceedings with respect to the matters submitted to mediation at any time after the initial mediation session or at any time 60 days or more aftor the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). Arbitration must be conducted by JAMS or Judicate West, unless otherwise agreed by the Parties, in the County where the parties are located. The costs and expenses of the arbitration, including without limitation, attorneys' fees, shall be borne by the Parties in the manner determined by the arbitrator. Any legal action taken under this agreement, including without limitation for (I) entry of judgment upon any arbitration award or (ii) adjudication of any controversy, claim or dispute arising from a breach or alleged breach of this paragraph may be heard or tried only in the courts of the State and County in which the parties are located or the Federal District Court with jurisdiction over that County, C. 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 Page 16 of 19 accordance with CITY's decision unless the dispute involves a change order. XVIII. 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 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 XVIII herein below. XIX. 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; CITY: 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 (714) 647-6956 CONTRACTOR: North Orange County Regional Occupational Program (NOCROP) 385 N. Muller Anaheim, CA 92801 Phone: (714) 502-5800 Email: mowen@nocrop.us Page 17 of 19 xx. VALIDrrY 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. 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 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above -written. ATTEST: APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By. G� e-Q. u _ f �a� Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: 74; � r°It e;A Michael L. Garcia Executive Director Community Development Agency "CITY" By: City Manager "CONTRACTOR' By: Name: Dr.VlcelleOwen Title: Assistant Superintendent, Administrative Services Tax ID #: 95-2755912 Page 19 of 19 EXHIBIT A & B Scope of Service & Course Cost ADULT CAREER EDUCATION STUDENT HANDBOOK 2023-2024 rwo op m NORGEORANGE COUNTY Board of Trustees Brian O'Neal Board President Anaheim Union High School District Chester Jeng, DDS, JD, LL.M. Vice-President/Clerk Fullerton Joint Union High School District Meg Cutuli Los Alamitos United School District Annemarie Randle-Trejo Anaheim Union High School District Marilyn Buchi Fullerton Joint Union High School District Carrie Buck Placentia-Yorba Linda Unified School District Chris Becerra, Ed.D. Brea Olinda Unified School District Leadership Team Dana Lynch Superintendent Kelly Kennedy, Ed.D. Assistant Superintendent, Educational Services Michelle Owen, Ed.D. Assistant Superintendent, Administrative Services Jennifer Pesavento, Ed.D. Administrator, Instructional Programs Adult Career Education Programs Kathi Kent Administrator, Instructional Programs Ligia Hallstrom, Ed.D. Administrator, Instructional Programs Marc Trocchio Administrator, Instructional Programs Thomas Metcalf Administrator, Instructional Programs Tonia Watkins, Ed.D., ARM, ARM-P Director, Human Resources Wil Guevara Director, Technology & Data Support Services Diana Setterby Director, Nursing Programs Mission Statement North Orange County Regional Occupational Program equips and empowers tomorrow's innovative, civic -minded professionals through career technical education. Vision Statement NOCROP will be recognized as the premier career technical education provider in California. Every student will have access to a sequence of rigorous and relevant career technical education courses. These courses, taught by experienced and engaging instructors, will enrich the student learning, experience, and provide them with the career compass to navigate the demands of the labor market industry workforce. Accreditation and Course/Training Program Approval Accreditation is a critical part of selecting a quality secondary or post -secondary institution. Institutions which earn accreditation must meet standards set forth by an independent accrediting agency that is recognized by both the California and United States Department of Education. North Orange County ROP is fully accredited by the Western Association of Schools and Colleges. Certain career training programs offered by North Orange County ROP are also approved or licensed by respective state and county agencies. North Orange County Regional Occupational Program Education Center 385 North Muller Street Anaheim, CA 92801 Phone (714) 502-5800 Adult Career Education Program Support Staff Hours Monday- Friday 7:30 a.m. to 4:30 p.m. Email: studentportal@nocrop.us North Orange County Regional Occupational Program Trident Education Center 1800 West Ball Road Anaheim, CA 92804 Trident Education Center Campus Hours Monday- Friday 7:30 a.m. to 9:30 p.m. ACCREDITING COMMISSION FOR SCHbOLS TABLE OF CONTENTS Trident Education Center Map...........................................................Inside Back Cover Board of Trustees..............................................................................Inside Front Cover Leadership Team...............................................................................Inside Front Cover MissionStatement.........................................................................................................1 VisionStatement............................................................................................................1 Accreditation and Course/Training Program Approval...................................................1 Message from our Superintendent.................................................................................2 Welcome from our Administrator................................................................................... 3 Aboutthe Student Handbook ........ :....... ................................... :....-..... ..:... .... ................4 AcademicHonesty.........................................................................................................4 Acceptable Use Policy for Electronic Resources and Technology ... ........................... 4-7 StudentPortal Information...........................................................................................7-8 Alcoholand Other Drugs................................................................................................8 CampusDisturbances...................................................................................................8 Career Education Counseling Services.........................................................................8 Career Education Foundation & Celebration of Success. .............................................. 9 Child/Dependent Adult Abuse Reporting Procedures....................................................9 CivilConduct..................................................................................................................9 ControversialIssues....................................................................................................10 CopyrightedMaterials.................................................................................................10 COVID-19 Safety Plan.................................................................................................10 Curriculum, Instruction, and Assessment....................................................................11 Evaluation of the Instructional Program.......................................................................11 Freedom of Student Speech and Expression..............................................................11 Giftsto School Personnel............................................................................................12 InfectiousDiseases......................................................................................................12 InstructionalPlanning..................................................................................................12 Non-Discrimination/Harassment........ .................................. ................................... 12-17 Payment and Refund Policy .... ................................................................................ 17-18 PositiveSchool Climate...............................................................................................17 Questioning and Apprehension by Law Enforcement Personnel.................................18 Release of Directory Information.................................................................................18 Safety..........................................................................................................................18 Searchand Seizure.....................................................................................................19 Selection, Evaluation, and Adoption of Textbooks.......................................................19 SexualHarassment.....................................................................................................19 StudentAttendance..................................................................................................... 20 Student Awards for Achievement................................................................................. 20 StudentConduct..........................................................................................................20 StudentDiscipline........................................................................................................21 StudentDress.............................................................................................................. 21 Student Health: Substance Use, Abuse, and Dependency..........................................21 Student Production of Products and Services..............................................................25 StudentRecords..........................................................................................................25 Student Use of Instructional Materials.........................................................................22 TitleIX and Students...................................................................................................23 Tobacco -Free Workplace.............................................................................................23 TuitionPayment...........................................................................................................23 Veterans Entitled to Educational Assistance under Chapter 31 and Chapter 33.........24 Uniform Complaint Procedures....................................................................................24 Vandalism, Theft, and Graffiti......................................................................................26 Withdrawal and Refund Policies..................................................................................26 Withholding Student Grades, Credit Information, and Certificates...............................27 Work -Based Learning(WBL).......................................................................................27 NOCROPPrograms....................................................................................................28 DentalAssistant Level I.............................................................................................. 29 Dental Assistant (RDA) Preparation............................................................................30 Medical Assistant: Clinical & Administrative.................................................................31 MedicalTerminology...................................................................................................32 Nurse Assistant: Long -Term Care...............................................................................33 AcuteCare CNA......................................................................................................... 34 VocationalNurse.................................................................................................I...... 35 Information Technology (IT) Fundamentals................................................................. 36 NOCROP Career Ready Practices.............................................................................. 37 EvacuationMap...........................................................................................................38 MESSAGE FROM OUR SUPERINTENDENT Welcome! For almost 50 years, North Orange County ROP has provided high -quality, relevant Career Technical Education (CTE), preparing students for success in employment, career advancement, and further education. Hundreds of thousands of students have benefited from ROP coursework and training programs. Whether a student is aiming for college, career, or has no clue where their interests and aptitudes may fall, ROP courses are for ALL students. What makes ROP unique? Our curriculum is developed and enhanced by building shared knowledge through advisory boards consisting of industry experts, post -secondary CTE educators, and community members. Our high -caliber instructors hail from the private sector and utilize their years of industry -based knowledge and experience to prepare students for success in future careers and post -secondary education. Our classrooms emulate workplace standards in terms of equipment, tools, and practices. Our student assessment strategies are focused on student proficiency in knowledge and skills. And most importantly, our instructional strategies focus on engaging students through innovative, project -based and service - learning strategies which develop character, empower civic activism, foster collaboration, nurture compassion, stimulate creativity, and test high-level critical thinking. Mr. Dana Lynch Superintendent, North Orange County ROP Unlike traditional classroom instruction using observational learning, ROP offers "learning by doing" centered on student engagement through real -world experience. Many ROP courses include work -based learning at over 400 community classroom sites. Students have the opportunity to earn industry -recognized certifications and/or State licensures in identified career pathway courses. They also develop leadership skills and efficacy through participation in Career Technical Student Organizations (CTSOs) such as Educators Rising, HOSA: Future Health Professionals, and SkillsUSA, where they become civic -minded and career -ready individuals. Student engagement also includes preparation for post -secondary education, empowering students with a diversified skill set that applies to collegiate learning. We provide nearly 40 courses that articulate with 7 post- secondary institutions so that students can earn advanced placement or college credit while in high school. Also, all 95 of our courses are UC/CSU "a-g" approved. These courses stimulate analytical thought and integrate rigorous academic standards, preparing students for success in higher education. We strengthen student engagement by integrating service -learning projects within many of our career pathways and CTSOs. Research has proven that when students apply classroom learning through projects bringing about positive changes in the local and global community, they develop a greater sense of purpose for learning, make stronger connections to the community, and strengthen transferable skills such as critical thinking, problem - solving, leadership, decision -making, collaboration, and communication. For all of these reasons, you can see why North Orange County ROP received a full six -year, clear accreditation from the Western Association of Schools and Colleges in July 2019 and how ROP embodies the hands-on learning approach necessary for students to create a successful future in a challenging and changing workforce! I want to extend a heartfelt thank you to our student -centered Board, valued community partners, supportive families, mission -driven staff, inspiring instructors, and exemplary students —each representing why we are the premier CTE provider. All the best to our stakeholders in the 2023-24 school year and beyond! WELCOME FROM OUR ADMINISTRATOR I would like to take this opportunity to welcome you to the Adult Career Education (ACE) Program at North Orange County Regional Occupational Program (NOCROP). I am delighted to serve as the Administrator of Instructional Programs for Adult Education and look forward to collaborating with students, instructors, staff, and community members to continue offering robust educational programs, while adding more course sections to better meet our community's skills, training, and certification needs. I am an administrator with a student -centered focus who understands that any great accomplishment takes a collective team effort based in a shared vision: to equip and empower adult learners. My team and I look forward to creating new partnerships while strengthening existing partnerships to provide you with community, educational, and work -based learning support to increase positive outcomes for our diverse student population. The ACE Program team is not only dedicated to our students' successful completion of NOCROP's training programs, but committed to providing continual support through our students' transition into the workforce and continuing education. I am thrilled that you have chosen NOCROP's ACE Program to pursue training in your career pathway. Our instructors and staff are dedicated to your success. Please use this handbook to learn about our program offerings, for information about how to register, and for the application process. You are also welcome to reach out to office or counseling staff via phone or personal visit to the Trident Education Center. Let NOCROP's ACE Program be the ace up your career pathway sleeve! Jennifer Pesavento, EdA. Administrator, Instructional Programs, Adult Career Education Program North Orange County ROP About the Student Handbook We want all students to be safe, satisfied, and successful in our ROP classes. This handbook describes the rights and responsibilities of ROP students and staff. It is a valuable reference for students, parents, and staff. Please note that policies and procedures may change between annual publications of this handbook. Total course costs may change without prior notice. For current policies, procedures, costs, and updates, please visit our website at www.nocroa.us. If you have any questions, please feel free to contact any ROP staff member — we are here to serve! Academic Honesty Board Policy 5131.9 The Governing Board believes that academic honesty and personal integrity are fundamental components of a student's education and character development. The Board expects that students will not cheat, lie, plagiarize, or commit other acts of academic dishonesty. Students, parents/guardians, staff, and administrators shall be responsible for creating and maintaining a positive educational climate that encourages honesty. Students found to have committed an act of academic dishonesty shall be subject to ROP discipline rules. Acceptable Use Policy for Electronic Resources and Technology Board Policy 6185 The Governing Board intends that technological resources provided by the ROP be used in a safe, responsible and appropriate manner in support of the instructional program and for the advancement of student learning. The Board desires to protect students from access to inappropriate matter on the Internet. To that end, the ROP shall ensure that all ROP computers with Internet access have a technology protection measure that blocks or filters Internet access to visual depictions that are obscene, pornographic, or otherwise harmful to minors, and that the operation of such measures is enforced. The ROP shall also implement rules and procedures designed to restrict student access to harmful or inappropriate matter on the Internet and to protect the safety and security of students and student information when using electronic communication. The ROP shall further ensure student safety through age -appropriate instruction regarding the ROP's acceptable use policy and the safe use of social networking sites and other Internet services, including the dangers of posting personal information online, misrepresentation by online predators, and how to report inappropriate or offensive content or threats. Student use of ROP computers shall be limited solely to instructional purposes. Access to social networking sites is prohibited and punishable under ROP policy; and, to the extent possible, access to such sites shall be blocked on ROP computers with Internet access. Staff shall supervise students while they are using online services and may ask teacher aides, student aides, and volunteers to assist in this supervision. The ROP shall notify students and parents/guardians about authorized uses of district computers, user obligations, and responsibilities, and consequences for unauthorized use and/or unlawful activities in accordance with ROP regulations and the ROP's Acceptable Use Policy (Exhibit 6185. Before using the ROP's technological resources, each student and his/her parent/guardian shall sign and return an Acceptable Use Policy specifying user obligations and responsibilities. The Superintendent or designee, with input from students and appropriate staff, shall regularly review this policy, the accompanying administrative regulation, and other relevant procedures to help ensure that the ROP adapts to changing technologies and circumstances. I. PURPOSE The Governing Board recognizes that it is important for students to have access to electronics -based research tools and resources and to master technology skills for their application to learning, problem -solving, production of work, and presentation of information. The Board also recognizes that while these extraordinary learning opportunities and enriching educational materials, they also provide persons with illegal or unethical El motives the avenues for reaching students, teachers, parents and members of the community. Additionally, these resources present tempting opportunities for users to explore areas that are either confidential, have restricted access, or are inappropriate to the classroom or workplace. It is the purpose of this policy to outline acceptable behavior with respect to use of ROP technology and, electronic resources. PERSONAL RESPONSIBILITY Access to electronic resources requires students to maintain consistently high levels of personal responsibility, as delineated in ROP's student conduct policy. Acceptable student use of ROP electronic resources includes respect for, and protection of, password/account code security, as well as restricted databases, files and information banks. Personal passwords/account codes will be created for students and employees using electronic resources to conduct research or complete work. These passwords/account codes shall not be shared with others, nor shall students or employees use another party's password except in the authorized maintenance and monitoring of the network. Strict control of passwords/account codes protects employees and students both from misuse and from wrongful accusations of misuse, of electronic resources in violation of ROP policy or state/federal law. Students or employees who misuse electronic resources or who violate laws will be disciplined at a level appropriate to the seriousness of the violation. Access to electronic research is an expensive and time -intensive resource. Students are allowed to conduct electronic network -based activities that are classroom or workplace -related. Personal activities interfere with the educational/professional computer time and use for which the hardware and software are intended. II. ACCEPTABLE USE The use of North Orange County ROP technology and the ROP's electronic network system is a privilege that may be revoked at any time. Behaviors that shall result in revocation of access shall include, but will not be limited to the following: Damage, vandalism, or theft of system hardware or software; hacking, i.e., the unauthorized review, duplication, dissemination, removal, damage, and/or alteration of files, passwords, computer systems, programs, or other property obtained through unauthorized means; electronic vandalism, i.e., any malicious attempt to alter, harm or destroy equipment or data of another user, the ROP information service, or the other networks that are connected to the Internet; alteration of system software; Placement of unlawful information, computer viruses or harmful programs on, or through the computer system; entry into restricted information on systems or network files in violation of password/account code restrictions; obtaining, downloading, viewing or otherwise gaining access to materials that may be deemed unlawful, harmful, abusive, obscene, pornographic, harassing/demeaning of others, threatening, descriptive of destructive devices, or otherwise objectionable under current ROP policy or legal definitions; Violation of other users' right to privacy; using another person's name to send or receive messages on the network; Access to unauthorized and/or inappropriate sites; sending or receiving personal messages; and use of the network for personal gain or to engage in political activity. Use of Email Access to electronic mail (email) is a privilege intended to assist students in efficiently communicating with others and in conducting work or school activities. The ROP email system is designed solely for educational and work - related purposes, and all email files are subject to review by ROP and school personnel. Unauthorized uses of email include, but are not limited to, chain letters, chat rooms, blogs, or social networking websites such as Facebook.com, with the exception of those bulletin boards, chat groups, or blogs created by teachers for specific instructional purposes. Each student who receives a password/account code will participate in an orientation or training course regarding proper behavior and use of the network. The password/account may be suspended or closed upon the finding of user misuse of the technology system or its resources. Copyright Students may not claim personal copyright privileges over files, data or materials developed in the scope of their instructional program, nor may students use copyrighted materials without the permission of the copyright holder. The connections represented by the Internet allow users access to a wide variety of media; students shall not create or maintain archival copies of these materials unless the source indicates that the materials are in the public domain. Consequences of Violations of Acceptable Use Policy The consequences for violating the NOCROP Acceptable Use Policy include but are not limited to one or more of the following: •-Suspension or revocation of ROP network privileges; • Suspension or revocation of Internet access; • Suspension or revocation of computer access; • Suspension or expulsion from the school program; and • Referral to legal authorities for prosecution. III. NETWORK ETIQUETTE AND PRIVACY Students are expected to abide by the generally accepted rules of electronic network etiquette. These include, but are not limited to, the following: t. Users are expected to be polite. They may not send abusive, insulting, harassing, or threatening messages to others. 2. Users are expected to use appropriate language; vulgarities or obscenities, libelous language, and/or other inappropriate references will not be tolerated. 3. Users shall not reveal their personal addresses or telephone numbers or the addresses or telephone numbers of others during email transmissions. 4. Users shall not use the ROP's electronic network in such a manner that would damage, disrupt or prevent the use of the network by other users. This includes the use of streaming audio or video files unless required in specific work -related communication. 5. Users should assume that all communications are public. The ROP and school district system administrators may access and read email on a random basis. IV. SECURITY The Governing Board recognizes that security on ROP's electronic network is an extremely high priority. Any intrusion into secure areas by those not permitted such privileges creates a risk for all users of the information system. The account codes and passwords provided to each user are intended for the exclusive use of that person. Any problems that arise from a user sharing his/her password/account are the responsibility of the account holder. Any misuse of an account, including the use of an account by someone other than the registered holder, may result in the suspension or revocation of account privileges. Users are to report immediately any observed abnormality in the system to the classroom instructor or ROP system administrator. V. ACCESS TO SERVICES While the ROP provides access to electronic resources, it makes no warranties, whether expressed or implied, for these services. The ROP may not be held responsible for any damages suffered by any person while using these services. These damages include loss of data as a result of delays, non -delivery or service interruptions caused by the information system or the user's errors or omissions. The use or distribution of any information that is obtained through the information system is at the user's own risk. The ROP specifically denies any responsibility for the accuracy of information obtained through Internet services. The ROP reserves the right to remove files, limit or deny access, and/or refer students violating the Board policy for other disciplinary action. Student Portal Information NOCROP adult students will utilize their Student Portal, Orbund, throughout the duration of their course. Features of this interactive portal include: • Online, 24/7 course registration • Access to course Learning Management System (LMS) for assessments, assignments, discussion boards, and more • Counseling resources such as the Job Board and Events page • Transcript requests • Refund requests • Payment history and schedule All active adult North Orange County Regional Occupational Program (NOCROP) students will be required to possess a valid student identification card while on site at Trident Education Center and while at clinical or externship sites. Student IDs will be issued within the first two weeks of class and will need to be present when on campus. Photo Requirements: • Photo must be straight forward from the shoulders up no hat • Background must be white or off white, such suna geaglca es, or es as a blank wall • Photos must be recent and not include any filters or editing • Students should not wear glasses or hats • Suggested programs for taking/sending photos include Passport Photo Booth (iOS) cropped from and Passport Photo ID Studio (Android) shoulders up How to Submit Photo: North Orange County ROP la Card Photo file type: ]peg orpng, maximum size: 300kb white background recentphoto no filter or editing • Prior to the start of class, students will be sent an email with information on how to obtain an identification card. Returning students who already hold a NOCROP ID card will not be given a new one, as ID cards follow students through each course and semester. • Photos must be saved in the following format of: FirstName LastName. For example: John Doe. The name on the card should match the official government ID and enrollment information in thecourse. • Photos should be emailed to studentportal@nocrop.us with the subject line "Student ID Card". • If the photo does not meet requirements, the student will be asked to re -take the photo. Replacement ID Cards: • Replacement ID cards can be requested by emailing studentportal@nocrop.us with the subject line: "Replacement ID card". • Replacement cards are subject to a $5 replacement fee. For questions regarding the NOCROP Adult Student Identification Card, please email studentportal@nocrop.us. Alcohol and Other Drugs Board Policy 5131.6 The Governing Board believes that the use of alcohol or other drugs adversely affects a student's ability to achieve educational success, is physically and emotionally harmful, and has serious social and legal consequences. The Board resolves to keep ROP classes free of alcohol and other drugs and desires that every effort be made to reduce student use of these substances. The Board perceives this effort as an important step toward preventing violence, promoting safety, and creating a disciplined environment conducive to learning. The Superintendent or designee shall clearly communicate to all students, staff, and parents/guardians the ROP policies, regulations and class rules related to the use of alcohol and other drugs at ROP facilities, school campuses or at ROP sponsored activities. The Board expects staff to conduct themselves in accordance with the ROP philosophy related to alcohol and drugs. Staff should help students see themselves as responsible partners in efforts to maintain a safe, constructive, educational climate. Students possessing, using, or selling alcohol or other drugs or related paraphernalia at ROP facilities, school campuses, or at a ROP-sponsored event shall be subject to disciplinary procedures including suspension or expulsion in accordance with law, Board policy and administrative regulations. Campus Disturbances Board Policy 5131.4 The Governing Board recognizes that all ROP staff must be prepared to cope with campus disturbances and to minimize the risks they entail. Staff should be especially sensitive to conditions that foster racial conflict, student protests, or gang intimidation and confrontations. The Superintendent or designee shall establish at each ROP campus a disturbance response plan for curbing disruptions which create disorder. Students who participate in disturbances shall be subject to disciplinary action. Career Education Counseling Services North Orange County ROP's Counseling Department is here to help you create, successfully navigate, and achieve your career and educational goals. SERVICES AVAILABLE: • Academic and career counseling • Evaluating transcripts from previous colleges/universities • Goal setting • Monitoring student progress • Upcoming career events • Online job board • Ongoing support and community services as needed • Career Education Pathway Planning Contact Information Susana Sosa Career Education Counselc Monday -Friday (times vary as needed) Trident Education Center 1800 W. Ball Rd., Anaheim CA 92801 Phone: (714) 502-5869 Email: counseling@nocrop.us Career Education Foundation Et Celebration of Success The Career Education Foundation (CEF) is a 501(c)(3) non-profit organization (Federal Tax ID 23-7316436) which was founded over forty years ago to reward students who excelled in their ROP classes. To find out how you can get involved or support the CEF, please visit the North Orange County ROP website by clicking on Career Education Foundation drop down bar found under About Us. Celebration of Success is an annual event in which students are recognized for their learning success by North Orange County ROP and awarded scholarships through th CEF. Funds for these scholarships are raised through fundraising and by generous donors, including North Orange County ROP staff, business partners, civic organizations, and families connected with ROP. Specialty Awards The Altrusa International — Anaheim Chapter • Dolores Suter-CrupnickAward. For ROP high school and adult students who plan to pursue a career in nursing. Students must demonstrate leadership skills and speak out for the rights of others. The Mary E. Moore Family Foundation Inspirational Award: For ROP high school and adult students who have overcome obstacles to complete their education. Child/Dependent Adult Abuse Reporting Procedures Board Policy 5141.4 The Governing Board recognizes that the ROP has a responsibility to protect students by facilitating the prompt reporting of known or suspected incidents of child abuse and/or dependent adult abuse neglect. The Superintendent or designee shall establish regulations for use by ROP employees in identifying and reporting such incidents. ROP employees are obligated to report all known or suspected incidents of child abuse and/or dependent adult abuse and neglect in accordance with the law, Board policy, and administrative regulation. Employees shall not investigate any suspected incidents but rather shall fully cooperate with agencies responsible for reporting, investigating, and prosecuting cases of child abuse and neglect. Parents/guardians may file a complaint against the ROP or any person who they suspect has engaged in abuse of a child or dependent adult at a ROP campus site. The Superintendent or designee shall provide parents/guardians information about reporting procedures in accordance with the law. The Superintendent or designee shall provide training to ROP employees regarding the reporting duties of those mandated by law to report suspected child and/or dependent adult abuse and neglect. Civil Conduct Board Policy 1251 Members of the North Orange County ROP staff will treat students, parents, and other members of the public with respect and expect the same in return. The ROP is committed to maintaining orderly educational and administrative processes in keeping schools and administrative offices free from disruptions and preventing unauthorized persons from entering ROP facilities and classrooms. This policy promotes mutual respect, civility, and orderly conduct among employees, students, parents, and the public. This policy is not intended to deprive any person of the right of freedom of expression, but to maintain to the extent possible and reasonable, a safe harassment -free workplace for our students and staff. The Governing Board encourages positive communication and discourages volatile, hostile, or aggressive actions. Public cooperation is requested in this endeavor. The Superintendent or designee will maintain administrative regulations to resolve disruptions and safety and security concerns. Controversial Issues Board Policy 6144 The Governing Board believes that students should have opportunities to discuss controversial issues which have political, social, or economic significance and which the students are mature enough to investigate and address. The study of a controversial issue should help students learn how to gather and organize pertinent facts, discriminate between fact or fiction, draw intelligent conclusions, and respect the opinion of others. The Board expects teachers to exercise caution and discretion when deciding whether or not a particular issue is suitable for study or discussion in any particular class. Teachers should not spend class time on any topic which they feel is not suitable for the class or related to the established course of study. The Board also expects teachers to ensure that all sides of a controversial issue are impartially presented, with adequate and appropriate factual information. Without promoting any partisan point of view, the teacher should help students separatefactfrom opinion and warn them against drawing conclusions from insufficient data. The teacher shall not suppress any student's view on the issue as long as its expression is not malicious or abusive towards others. Teachers sponsoring guest speakers shall either ask them not to use their position or influence on students to forward their own religious, political, economic, or social views or shall take active steps to neutralize whatever bias has been presented. Copyrighted Materials Board Policy 6161 It is the intention of the Governing Board to adhere to all provisions of Federal copyright laws as well as current guidelines and interpretations with respect to these laws. All employees of the North Orange County Regional Occupational Program will observe the legal restrictions of the copyright laws for all printed materials and for all non -print materials including software programs, videocassettes, and broadcasted programs. The legal or insurance protection of the District shall not be extended to employees who violate copyright laws. Procedures for the implementation of this policy will be developed and provided to all staff members. In-service will be given to the staff on an as needed basis to insure the compliance with applicable laws. COVID-19 Safety Plan The North Orange County Regional Occupational Program (NOCROP) is committed to y,n U the safety of our employees and students and mitigating the spread of COVID-19. We have developed this COVID-19 Safety Plan to help us identify risks and determine any appropriate control measures to implement. Our COVID-19 Safety Plan incorporates n information from the following resources: (1) U.S. Centers for Disease Control and Prevention (CDC); (2) Occupational Safety and Health Administration (OSHA); (3) California State COVID-19 Website; (4) California Department of Public Health; (5) The Orange County Department of Education, and (6) Orange County S T 1%1W_e THE Health Care Agency. The NOCROP COVID-19 Task Force will monitor relevant federal, state, and local guidance and update our COVID- 19 Safety Plan as conditions surrounding the COVID-19 pandemic continue to evolve. In response to the COVID-19 pandemic, this plan has been developed and is comprised of the following components SPREADto mitigate and protect against potential infection of COVID-19. The NOCROP COVID-19 Safety Plan does not supersede or replace plans implemented by NOCROP partner districts. Staff who are based on partner district campus sites will follow the respective districts' guidelines of the Anaheim Union High, Brea Olinda Unified, Fullerton Joint Union, Los Alamitos Unified, and Placentia-Yorba Linda Unified School Districts. 10 Curriculum, Instruction, and Assessment All courses offered through North Orange County ROP are adopted by the Board of Trustees which consists of seven members from the five participating school districts' Boards of Trustees, Each career pathway's business and industry advisory board members review course outlines, textbooks, materials and equipment to verify that they meet industry standards. This process ensures that when ROP students gain the skills needed for the job market. ROP's curriculum and instruction are focused on matching community needs with the finest student career technical education possible. Instruction is provided by teachers who are credentialed by the State of California, and who must have a minimum of three years of current industry experience. Additionally, ROP instruction includes learning experiences inside and outside the traditional classroom, with an emphasis on hands-on learning. Most students will start performing activities involved in the profession within about three weeks of beginning class. All instruction integrates California's academic and career technical education content standards, including English and mathematics. As a WASC-accredited institution, North Orange County ROP emphasizes student achievement as outlined in the Standards for Career Ready Practice (CRPs). Assessment of student learning takes many forms, such as performance -based, project -based, skills -based, and traditional written exams and quizzes. Evaluation of the Instructional Program Board Policy 6180 The Board of Trustees recognizes that assessment of student achievement and program effectiveness is essential to maintain quality instruction. Courses shall be reviewed annually. Decisions to continue, modify, or suspend instructional programs are clarified by the use of systematically gathered data. Freedom of Student Speech and Expression Board Policy 5145.2 and Administrative Regulation 5145.2 The Governing Board believes that free inquiry and exchange of ideas are essential parts of a democratic education. The Board respects students' rights to express ideas and opinions, take stands on issues, and support causes, even when such speech is controversial or unpopular. Students shall have the right to exercise freedom of speech and of the press including but not limited to the use of bulletin boards; the distribution of printed materials or petitions; the wearing of buttons, badges, and other insignia; and the right of expression in official publications. Student expression on ROP Internet web sites and online media shall generally be afforded the same protections as print media. Students' freedom of expression shall be limited only as allowed by law in order to maintain an orderly school environment and to protect the rights, health, and safety of all members of the ROP community. Students are prohibited from making any expressions or disturbing or posting any materials that are obscene, libelous, or slanderous. Students also are prohibited from making any expressions that so incite students as to create a clear and present danger of the commission of unlawful acts on school premises, the violation of school rules, or substantial disruption of the school's orderly operation. The use of "fighting words" or epithets is prohibited if the speech is abusive and insulting rather than a communication of ideas, and the speech is used in an abusive manner in a situation that presents an actual danger that it will cause a breach of the peace. The Superintendent or designee shall not discipline any student solely on the basis of speech or other communication that would be constitutionally protected when engaged in outside of the ROP but may impose discipline for harassment, threats, or intimidation unless constitutionally protected. Off -campus student expression, including but not limited to student expression on off -campus Internet web sites, is generally constitutionally protected but shall be subject to discipline when such expression poses a direct threat to the safety of students or ROP personnel. 11 Conduct by a student outside of class which for any reason materially disrupts classwork or involves substantial disorder or invasion of the rights of others is not protected by the constitutional guarantee of free speech. Gifts to School Personnel Board Policy 5133 The Governing Board believes that feelings of appreciation can be expressed in many ways. The Board discourages students and parents/guardians from giving gifts to staff members and instead encourages them to write personal notes of appreciation. When accepting gifts, staff should be sensitive to the feelings of other students and use discretion if gifts are opened in front of others. Infectious Diseases Board Policy 5141.22 The Governing Board recognizes its dual responsibility to protect -the health of students from risks posed by infectious diseases and to uphold the right of students to appropriate education. For purposes of this policy, infectious diseases shall include all those listed by the State Department of Health Services and county health departments. All applicable education and health codes will govern and guide administrative decisions regarding students with identified infectious diseases. The Superintendent shall ensure that all student rights to confidentiality are strictly observed in accordance with the law and policy governing the confidentiality of student records. Instructional Planning Board Policy 6156 The Board of Trustees affirms the importance of providing all students with quality instruction designed to teach life skills that demonstrate the value of work and lead to employment or prepares students for advanced training for employment. Collaborative planning with staff, district, community, and industry representatives is necessary to identify school and community needs. This collaboration supports well -coordinated instructional programs that reflect industry standards and practices. Non-Discrimination/Harassment Board Policy 5145.3 and Administrative Regulation 5145.3 The Governing Board desires to provide a safe learning environment that allows all students equal access and opportunities in the ROP's academic, extracurricular, and other activities. The Board prohibits bullying based on the student's actual or perceived age, ancestry, color, ethnic group, ethnicity, gender, gender expression, gender identity, genetic information, immigration status, marital status, military status, national origin, nationality, parental status, physical or mental disability, political beliefs, pregnancy, race, religion, sex, sexual orientation, veteran status, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics or identification, or discriminatory harassment or intimidation. Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, may result from physical, verbal, nonverbal, or written conduct based on any of the categories listed above. Unlawful discrimination also includes the creation of a hostile environment through prohibited conduct that is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; has the effect of substantially or unreasonably interfering with a student's academic performance; or otherwise adversely affects a student's educational opportunities. 12 Unlawful discrimination also includes disparate treatment of students based on one of the categories above with respect to the provision of opportunities to participate in school programs or activities or the provision or receipt of educational benefits or services. The Board also prohibits any form of retaliation against any individual who reports or participates in the reporting of unlawful discrimination, files or participates in the filing of a complaint, or investigates or participates in the investigation of a complaint or report alleging unlawful discrimination. Retaliation complaints shall be investigated and resolved in the same manner as a discrimination complaint. The Superintendent or designee shall facilitate students' access to the educational program by publicizing ROP's nondiscrimination policy and related complaint procedures to students, parents/guardians, and employees. He/she shall provide training and information on the scope and use of the policy and complaint procedures and take other measures designed to increase the school community's understanding of the requirements of law related to discrimination. The Superintendent or designee shall regularly review the implementation of ROP's nondiscrimination policies and practices and, as necessary, shall take action to remove any identified barrier to student access to or participation in ROP. He/she shall report his/her findings and recommendations to the Board after each review. Regardless of whether a complainant complies with the writing, timeline, and/or other formal filing requirements, all complaints alleging unlawful discrimination, including discriminatory harassment, intimidation, or bullying, shall be investigated and prompt action taken to stop the discrimination, prevent a recurrence, and address any continuing effect on students. Students who engage in unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, in violation of law, Board policy, or administrative regulation shall be subject to appropriate consequence or discipline, which may include suspension or expulsion when the behavior is severe or pervasive as defined in Education Code 48900.4. Any employee who permits or engages in prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall be subject to disciplinary action, up to and including dismissal. The ROP designates the individual(s) identified below as the employee(s) responsible for coordinating the ROP's efforts to comply with applicable state and federal civil rights laws, including Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Age Discrimination Act of 1975, and to answer inquiries regarding the ROP's non-discrimination policies. The individual(s) shall also sere as the compliance officer(s) specified in AR 1312.3 - Uniform Complaint Procedures as the responsible employee to handle complaints alleging unlawful discrimination targeting a student, including discriminatory harassment, intimidation, or bullying, based on the student's actual or perceived race, color, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital status, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, genetic information, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics. The coordinator/compliance officer(s) may be contacted at: Assistant Superintendent, Educational Services 385 North Muller Street Anaheim, CA 92801 714-502-5877 ucp@nocrop.us Measures to Prevent Discrimination To prevent unlawful discrimination, including discriminatory harassment, intimidation, retaliation, and bullying, of students at ROP sites or in ROP activities and to ensure equal access of all students to the educational program, the Superintendent or designee shall implement the following measures: 1. Publicize the ROP's nondiscrimination policy and related complaint procedures, including the coordinator/compliance officer's contact information, to students, parents/guardians, employees, volunteers, and the general public by posting them on the ROP's web site and other prominent locations and providing easy access to them through ROP-supported social media, when available. 091 2. Post information in a prominent and conspicuous location on the ROP web site regarding Title IX prohibitions against discrimination based on a student's sex, gender, gender identity, pregnancy, and parental status, including the following: a. The name and contact information of the ROP's Title IX coordinator, including the phone number and email address b. The rights of students and the public and the responsibilities of the ROP under Title IX, including a list of rights as specified in Education Code 221.8 and web links to information about those rights and responsibilities located on the web sites of the Office for Equal Opportunity and the U.S. Department of Education's Office for Civil Rights (OCR) c. A description of how to file a complaint of noncompliance with Title IX in accordance with AR 1312.3 - Uniform Complaint Procedures, which shall include: 1) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred and how a complaint may be filed beyond -the statute of limitations 2) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including web links to this information on the OCR's web site 3) A web link to the OCR complaints form and the contact information for the office, including the phone number and email address for the office. 3. Provide a handbook to students that contains information that clearly describes the ROP's nondiscrimination policy, procedures for filing a complaint, and resources available to students who feel that they have been the victim of any such behavior. 4. Annually notify all students and parents/guardians of the ROP's nondiscrimination policy, including its responsibility to provide a safe, nondiscriminatory learning environment for all students, including transgender and gender -nonconforming students. The notice shall inform students and parents/guardians that they may request to meet with the compliance officer to determine how best to accommodate or resolve concerns that may arise from the ROP's implementation of its nondiscrimination policies. The notice shall also inform all students and parents/guardians that, to the extent possible, the ROP will address any individual student's interests and concerns in private. 5. The Superintendent or designee shall ensure that students and parents/guardians, including those with limited English proficiency, are notified of how to access the relevant information provided in the ROP's nondiscrimination policy and related complaint procedures, notices, and forms in a language they can understand. If 15 percent or more of students enrolled in a particular ROP school speak a single primary language other than English, the ROP's policy, regulation, forms, and notices concerning nondiscrimination shall be translated into that language in accordance with Education Code 234.1 and 48985. In all other instances, the ROP shall ensure meaningful access to all relevant information for parents/guardians with limited English proficiency. 6. Provide students, employees, volunteers, and parents/guardians age -appropriate training and information regarding the ROP's nondiscrimination policy; what constitutes prohibited discrimination, including discriminatory harassment, intimidation, retaliation, or bullying; how and to whom a report of an incident should be made; and how to guard against segregating or stereotyping students when providing instruction, guidance, supervision, or other services to them. Such training and information shall include details of guidelines the ROP may use to provide a discrimination -free environment for all ROP students, including transgender and gender -nonconforming students. 7. At the beginning of each school year, inform ROP employees that any employee who witnesses any act of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, against a student is required to intervene if it is safe to do so. 8. At the beginning of each school year, inform each administrator or designee of the ROP's responsibility to provide appropriate assistance or resources to protect students from threatened or potentially discriminatory behavior and ensure their privacy rights. Enforcement of ROP Policy The Superintendent or designee shall take appropriate actions to reinforce BP 5145.3 - Nondiscrimination/Harassment. As needed, these actions may include any of the following: 14 1. Providing training to students, staff, and parents/guardians about how to recognize unlawful discrimination, how to report it or file a complaint, and how to respond 2. Disseminating and/or summarizing the ROP's policy and regulation regarding unlawful discrimination 3. Consistent with laws regarding the confidentiality of student and personnel records, communicating to students, parents/guardians, and the community the ROP's response plan to unlawful discrimination or harassment 4. Taking appropriate disciplinary action against students, employees, and anyone determined to have engaged in wrongdoing in violation of ROP policy, including any student who is found to have filed a complaint of discrimination that he/she knew was not true Any student who feels that he/she has been subjected to unlawful discrimination described above or in ROP policy is strongly encouraged to immediately contact the compliance officer, principal, or any other staff member. In addition, any student who observes any such incident is strongly encouraged to report the incident to the compliance officer or administrator, whether or not the alleged victim files a complaint. Any ROP employee who observes an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, or to whom such an incident is reported shall report the incident to the compliance officer or administrator within one school day, whether or not the alleged victim files a complaint. Any ROP employee who witnesses an incident of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, shall immediately intervene to stop the incident when it is safe to do so. When a verbal report of unlawful discrimination, including discriminatory harassment, intimidation, retaliation, or bullying, is made to or received by an administrator or compliance officer, he/she shall make a note of the report and encourage the student or parent/guardian to file the complaint in writing, pursuant to the provisions in AR 1312.3 - Uniform Complaint Procedures. Once notified verbally or in writing, the principal or compliance officer shall begin the investigation and shall implement immediate measures necessary to stop the discrimination and ensure that all students have access to the educational program and a safe learning environment. Any interim measures adopted to address unlawful discrimination shall, to the extent possible, not disadvantage the complainant or a student who is the victim of the alleged unlawful discrimination. Any report or complaint alleging unlawful discrimination by an administrator, compliance officer, or any other person to whom a report would ordinarily be made or complaint filed shall instead be made to or r filed with the Superintendent or designee who shall determine how the complaint will be investigated. Transgender and Gender -Nonconforming Students Gender identity of a student means the student's gender -related identity, appearance, or behavior as determined from the student's internal sense of his/her gender, whether or not that gender -related identity, appearance, or behavior is different from that traditionally associated with the student's physiology or assigned sex at birth. Gender expression means a student's gender -related appearance and behavior, whether stereotypically associated with the student's assigned sex at birth. Gender transition refers to the process in which a student changes from living and identifying as the sex assigned to the student at birth to living and identifying as the sex that corresponds to the student's gender identity. Gender -nonconforming student means a student whose gender expression differs from stereotypical expectations. Transgender student means a student whose gender identity is different from the gender he/she was assigned at birth. Regardless of whether they are sexual in nature, acts of verbal, nonverbal, or physical aggression, intimidation, or hostility that are based on sex, gender identity, or gender expression, or that have the purpose or effect of producing a negative impact on the student's academic performance or of creating an intimidating, hostile, or offensive educational environment are prohibited. Examples of the types of conduct which are prohibited in the ROP and which may constitute gender -based harassment include, but are not limited to: 1. Refusing to address a student by a name and the pronouns consistent with his/her gender identity 15 2. Disciplining or disparaging a student or excluding him/her from participating in activities for behavior or appearance that is consistent with his/her gender identity or that does not conform to stereotypical notions of masculinity or femininity, as applicable 3. Blocking a student's entry to the restroom that corresponds to his/her gender identity 4. Revealing a student's transgender status to individuals who do not have a legitimate need for the information, without the student's consent 5. Use of gender -specific slurs 6. Physical assault of a student motivated by hostility toward him/her because of his/her gender, gender identity, or gender expression The ROP's uniform complaint procedures (AR 1312.3) shall be used to report and resolve complaints alleging discrimination against transgender and gender -nonconforming students. Examples of bases for complaints include, but are not limited to, the above list, as well as improper rejection by the ROP of a student's asserted gender identity, _denial of access to facilities that correspond with a student's gender identity, improper disclosure of a student's transgender status, discriminatory enforcement of a dress code, and other instances of gender -based harassment. To ensure that transgender and gender - nonconforming students are afforded the same rights, benefits, and protections provided to all students by law and Board policy, the ROP shall address each situation on a case -by -case basis, in accordance with the following guidelines: 1. Right to privacy: A student's transgender or gender -nonconforming status is his/her private information and the ROP shall only disclose the information to others with the student's prior written consent, except when the disclosure is otherwise required by law or when the ROP has compelling evidence that disclosure is necessary to preserve the student's physical or mental well-being. In any case, the ROP shall only allow disclosure of a student's personally identifiable information to employees with a legitimate educational interest as determined by the ROP pursuant to 34 CFR 99.31. Any ROP employee to whom a student's transgender or gender -nonconforming status is disclosed shall keep the student's information confidential. When disclosure of a student's gender identity is made to a ROP employee by a student, the employee shall seek the student's permission to notify the compliance officer. If the student refuses to give permission, the employee shall keep the student's information confidential, unless he/she is required to disclose or report the student's information pursuant to this administrative regulation, and shall inform the student that honoring the student's request may limit the ROP's ability to meet the student's needs related to his/her status as a transgender or gender -nonconforming student. If the student permits the employee to notify the compliance officer, the employee shall do so within three schooldays. As appropriate given the student's need for support, the compliance officer may discuss with the student any need to disclose the student's transgender or gender -nonconformity status or gender identity or gender expression to his/her parents/guardians and/or others, including other students, teacher(s), or other adults. The ROP shall refer support services, such as counseling, to students who wish to inform their parents/guardians of their status and desire assistance in doing so. 2 Determining a Student's Gender Identity: The compliance officer shall accept the student's assertion of his/her gender identity and begin to treat the student consistent with his/her gender identity unless ROP personnel present a credible and supportable basis for believing that the student's assertion is for an improper purpose. 3. Student Records: A student's legal name or gender as entered on the mandatory student record required pursuant to 5 CCR 432 shall only be changed with proper documentation. However, at the written request of a student or, if appropriate, his/her parents/guardians, the ROP shall use the student's preferred name and pronouns consistent with his/her gender identity on all other ROP-related documents. Such preferred name may be added to the student's record and official documents as permitted by law. 4. Names and Pronouns: If a student so chooses, ROP personnel shall be required to address the student by a name and the pronouns consistent with his/her gender identity, without the necessity of a court order or a change to his/her official ROP record. However, inadvertent slips or honest mistakes by ROP 16 personnel in the use of the student's name and/or consistent pronouns will, in general, not constitute a violation of this administrative regulation or the accompanying ROP policy. 5. Uniforms/Dress Code: A student has the right to dress in a manner consistent with his/her gender identity, subject to any dress code adopted on a ROP site. Payment and Refund Policy • Once a student has made a course payment, that payment is not eligible for a refund. If you decide to drop a course, then you are not required to make any future payments. • Full payment does not guarantee that the course will be held. If the minimum number of students necessary to hold the course is not met, the course will be canceled, and you will be issued a full refund. • If you would like to withdraw from the course before it begins, you must do so by emailing studentportal@nocrop.us or calling (714) 502-5840 at least 48 business hours before the start date and time of your course. Any withdrawal requests made after this time will not be accepted. • To complete the Refund Request Form, sign into the Student Portal and the form will be located under the Reference tab on the left, under Forms. See example: Students o cavn O N.nWente MIWa PeyrvNblt Refund Processing: Credit Card Refunds: Qualifying refunds can be processed by completing drop request form. Processing time will vary depending on your bank. Cashier's Check, Money Order, or Cash Refunds: Qualifying refunds are processed and mailed within 14 days of approval. Deferments are on case -by -case basis, depending on the administrator's approval. A $25.00 fee will be administered upon any chargeback for disputed claims. All students must acknowledge and agree to the terms and conditions above prior to registering for any NOCROP adult course. A signature acknowledging agreement will be required at the time of initial payment, as well as any subsequent payments. Positive School Climate Board Policy 5137 The Governing Board desires to provide an orderly, caring, and non-discriminatory learning environment in which all students can feel comfortable and take pride in their educational attainments. The Board encourages staff to teach students the meaning of equality, human dignity, and mutual respect, and to employ cooperative learning strategies that foster positive interaction in the classroom among students from diverse backgrounds. The ROP shall provide instruction designed to promote positive racial and ethnic identity, 17 help students understand and appreciate diversity, teach them to think critically about racial bias and show them how to deal with discriminatory behavior in appropriate ways. ROP course instruction shall promote nonviolent conflict resolution techniques in order to encourage attitudes and behaviors that foster harmonious relations. As part of this effort, students shall be taught the skills necessary to reduce violence, including communication skills, anger management, bias reduction, and mediation skills. Staff shall receive training which implements and supports conflict resolution techniques. Questioning and Apprehension by Law Enforcement Personnel Board Policy 5145.11 Law enforcement officers have the right to interview and question students on school premises. When such an interview is requested, the instructional administrator or designee shall ascertain the officer's identity, official capacity, and the authority under which he/she acts. If the officer needs to interview or question the student immediately, the instructional administrator or designee shall accommodate the process in a way that causes the least possible disruption to the ROP class, gives the student appropriate privacy, and models exemplary cooperation with community law enforcement authorities. Except in cases of child abuse or neglect, the instructional administrator or designee shall notify the parent/guardian of a minor student when a law enforcement officer requests an interview on school premises. At the law officer's discretion and with the student's approval, the instructional administrator or designee may be present during the interview. If the law officer finds it necessary to remove the student from school, the instructional administrator or designee shall first ascertain the reason for such action. Upon releasing a student who is a minor, the instructional administrator or designee shall immediately attempt to inform the student's parent/guardian. Personnel responsible for releasing a student from school custody shall exercise extreme diligence to prevent such release to any unauthorized or unidentifiable person. Release of Directory Information Board Policy 5125.1 The Superintendent or designee may authorize the release of student directory information to representatives of the news media, prospective employers, military, or nonprofit organizations as provided by law. Unless prohibited by the parent/guardian in accordance with law, directory information which ROP officials may disclose consists of the following: student's name, address, telephone number, data and place of birth, major field of study, dates of attendance, certificates and awards received. Safety Board Policy 5142 The Governing Board believes priority should be given to safety and to the prevention of student injury. ROP facilities shall be designed and equipment shall be selected to minimize the risk of harm to students. Staff shall be responsible for the conduct and safety of students during class hours and ROP-sponsored activities. Instructors shall establish class rules consistent with law, Board policy, and administrative regulation for the safe and appropriate use of ROP equipment and materials for student conduct. Instructors shall train students in safety procedures, shall provide ongoing safety instruction as appropriate and shall administer a safety test to each student. Copies of class rules shall be sent to parents/guardians and be readily available at the ROP class at all times. is Search and Seizure Board Policy 5145.12 As necessary to protect the health, safety, and welfare of students and staff, ROP officials may search students, their property and/or ROP property under their control and may seize illegal, unsafe and prohibited items. The Governing Board requires that discretion, good judgment, and common sense be exercised in all cases of search and seizure. Individual Searches ROP officials may search individual students, their property, and ROP property under their control when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law, Board policy, administrative regulation, or other rules of the ROP or the school. Employees shall not conduct strip searches or body cavity searches of any student. Searches of individual students shall be conducted in the presence of at least two ROP employees. The program administrator or designee shall notify the parent/guardian of a minor student subjected to an individualized search as soon as possible after the search. Selection, Evaluation, and Adoption of Textbooks Board Policy 6162 Textbooks shall support and enhance course objectives. Textbooks being considered for adoption by the Board will be reviewed and evaluated by appropriate certificated staff. Content validity, inclusion of Career Technical Education and academic standards, current technology, and appropriateness for a diverse student population shall be considered in the selection. Sexual Harassment Board Policy 5145.7 The Governing Board is committed to maintaining an educational environment that is free from harassment. The Board prohibits sexual harassment of students by other students, employees, or other person in ROP classes, or at ROP-sponsored or ROP-related activities. The Board also prohibits retaliatory behavior or action against persons who complain, testify, assists or otherwise participates in the complaint process established in accordance with this policy and the administrative regulation. Any student who engages in sexual harassment of anyone at the ROP or at a ROP-sponsored or ROP-related activity is in violation of this policy and shall be subject to disciplinary action. Disciplinary action may include suspension and/or expulsion, provided that in imposing such discipline, the entire circumstances of the incident(s shall be taken into account. The Superintendent or designee shall ensure that all ROP students receive instruction and information on sexual harassment. Such instruction and information shall include the following: 1. The acts and behavior that constitute sexual harassment, including the fact that sexual harassment can occur between people of the same gender; 2. A clear message that students do not have to endure sexual harassment; 3. Encouragement to report observed instances of sexual harassment, even where the victim of the harassment has not complained; and 4. Information about the person(s) to whom a report of sexual harassment should be made. Any student who feels that he/she is being or has been subjected to sexual harassment, shall immediately contact his/her teacher or any other ROP employee. An ROP employee to whom a complaint is made shall, within 24 hours of receiving the complaint, report it to their supervisor or administrator. Any ROP employee who observes any incident of sexual harassment toward any student shall similarly report this observation to his/her supervisor or administrator, whether or not the victim files a complaint. If the alleged harasser is a supervisor or 19 administrator, the employee may report the complaint or his/her observation of the incident to the non- discrimination coordinator or the Superintendent or designee, who shall investigate the complaint. The supervisor or administrator to whom a complaint of sexual harassment is reported shall immediately investigate the complaint. Where the supervisor or administrator finds that sexual harassment occurred, he/she shall take prompt, appropriate action to end the harassment and address its effects on the victim. The supervisor or administrator shall also advise the victim of any other remedies that may be available. The supervisor or administrator shall file a report with the Superintendent or designee and refer the matter to law enforcement authorities, where requested. The Superintendent or designee shall maintain a record of all reported cases of sexual harassment to enable the ROP to monitor, address, and prevent repetitive harassing behavior in its classes. All complaints and allegations of sexual harassment shall be kept confidential except as necessary to carry out the investigation or take other subsequent necessary action. Student Attendance Board Policy 5112 Consistent school attendance is essential to a student's success in ROP and employment. To facilitate students' successful transition from school to work or continued education, it is necessary that student attendance in ROP classes meet workplace attendance expectations. Attendance standards shall be incorporated into all instructional programs. Student Awards for Achievement Board Policy 5126 The Governing Board recognizes excellence as a goal for all students and wishes to publicly recognize students for unique or exemplary achievements. The purpose of such awards shall be consistent with ROP goals. Student awards may include verbal recognition, a letter, a certificate, a Board resolution, a public ceremony, trophy, gift, plaque, or cash gift. Student Conduct Board Policy 5131 and Administrative Regulation 5131 The Governing Board believes that all students have the right to be educated in a positive learning environment free from disruptions. Students shall be expected to exhibit appropriate conduct at all times that does not infringe upon the rights of others or interfere with the educational mission of the ROP. Behavior is considered appropriate when students are diligent in study, professional in appearance, careful with ROP property, and courteous and respectful towards their instructors, other staff, other students, and volunteers. Prohibited student conduct includes but is not limited to: 1. Behavior that endangers other students and/or staff; 2. Behavior that disrupts the orderly classroom or school environment; 3. Harassment of any kind toward other students or staff, including verbal, physical, psychological, and/or sexual, such as derogatory remarks or gestures, unwanted sexual remarks or actions, bullying, and/or other intimidating behaviors; 4. Damage to or theft of property belonging to the ROP, staff, or other students; 5. Possession, use, or sale of alcohol, tobacco, or other drugs; 6. Possession or use of laser pointers, unless used for a valid instructional or other school -related purpose, including employment (Penal Code 417.27); Prior to bringing a laser pointer on school premises, students shall first obtain written permission from their instructor. The instructor shall determine whether the requested use of the laser pointer is for a valid instructional or other school -related purpose. 7. Profane, vulgar, or abusive language; 8. Plagiarism or dishonesty in class work or on tests; FIE 9. Inappropriate dress; and 10. Tardiness and unexcused absence from class. North Orange County ROP students are expected to adhere to professional standards of conduct, including the following: • Students will arrive punctually and be prepared to go to work in the classroom. This includes being dressed and groomed appropriately, bringing proper supplies, completing all assigned work on time, and turning off all electronic media and cell phones during attendance in NOCROP classes. • Students will observe all safety standards and practices. • Students will respect other students and staff and work cooperatively with them. • Students will observe the highest ethical standards in and outside of the classroom, including confidentiality and integrity. • Students will use electronic resources and technology in classrooms solely for instructional purposes. • Students will communicate ideas and concerns in a positive and constructive manner. • Students will display personal qualities needed on the job, including responsibility, initiative, a positive attitude and other traits necessary for success. In order to maintain a safe, supportive, and professional classroom workplace, the NOCROP has a zero - tolerance policy for the following behaviors: • Abuse of electronic media privileges, including inappropriate Internet use • Destruction or theft of school or students' personal property • Harassment of any kind, including physical, psychological, sexual and verbal, such as derogatory remarks, bullying, unwanted sexual remarks, actions, etc. • Possession of weapons • Use, abuse, or possession of controlled substances, drug paraphernalia, and alcohol • Vandalism • Violating the rights of others. Student Discipline Board Policy 5144 Fostering self-discipline and personal responsibility is essential in preparing students for responsible citizenship. Board policies and administrative regulations shall delineate acceptable student conduct and provide the basis for sound disciplinary practices. The Governing Board believes that good instructional planning, an understanding of each student's needs, and parent involvement when appropriate can minimize the need for disciplinary action. Staff shall use positive conflict resolution techniques to enforce disciplinary rules fairly and consistently, without regard to race, color, religion, national origin, gender, or disability. Employees shall be given all reasonable support with student discipline in order to maintain a safe and orderly environment. Student Dress Board Policy 5132 Appropriate dress and grooming are important for success in employment. Furthermore, safety regulations require specific types of clothing and/or personal protective equipment in many occupational areas. Employer dress and hygiene expectations, safety regulations, personal protective equipment, and other related requirements shall be incorporated into instruction in ROP courses. When necessary, instructors shall establish dress requirements that satisfy safety regulations and are consistent with industry standards for the occupational area taught. Student Health: Substance Use, Abuse, and Dependency Board Policy 5141 The Governing Board recognizes that substance use, abuse, or dependency can interfere with student behavior, learning, and development. The ROP will act in an appropriate manner to ensure the safety of all students and staff and to preserve the integrity of the educational environment. 21 Although the responsibility for treatment of health problems lies with the student and the student's family, the ROP recognizes that early intervention in the disease process will be of maximum benefit. The ROP shall endeavor to provide information regarding qualified substance abuse counseling agencies to students who demonstrate signs of substance use, abuse, or dependency. Student Production of Products and Services Board Policy 5134 and 6165 The production of products and services by students learning specific job skills is an essential aspect of ROP instructional activities. The Governing Board endorses the concept that such activities should closely simulate actual business and industry practices. Student -produced products and services may be sold in accordance with the legal codes of the State of California and local codes regulating the sale of products and services. These products and services may not be used to support or defeat any ballot measure or candidate, including, but not limited to, any candidate for election to a district governing board. Student products and services will be charged at coat, -with a reasona— ble service charge added to offset administrative expenses: The cost of materials for student -made products used by other courses or departments will be credited to the course that produced the product. The Superintendent or designee shall develop appropriate operating procedures to control and account for such sales and services, provide for the abatement of expenditures, and assure the collection and payment of required sales and use taxes. Student Records Board Policy 5125 The Governing Board recognizes the importance of keeping accurate, comprehensive student records as required by law. Procedures for maintaining the confidentiality of student records shall be consistent with state and federal law. The Superintendent or designee shall establish administrative regulations governing the identification, description, and security of student records, as well as timely access for authorized persons. All persons other than those designated by law must have written permission from students, parent/legal guardian of minors or dependent adults to review such records. These regulations shall ensure parental rights of minors and dependent adults to review, inspect, and copy student records and shall protect the student and the student's family from the invasion of privacy. The Superintendent or designee shall designate an employee to serve as custodian of records, with responsibility for student records. The custodian of records shall be responsible for implementing Board policy and administrative regulations regarding student records. Student Use of Instructional Materials Administrative Regulation 6161.2 • Students have access to non -consumable instructional materials at no cost. • Instructors may, with permission of their instructional administrator, lend non -consumable materials to adult students who are unable to purchase them due to financial hardship. • Students borrowing materials must sign the appropriate form (E6161.21 or E6161.22) indicating an understanding of their responsibility for reimbursement of lost or damaged materials. • The instructional administrator may, at his/her discretion, waive the requirement for reimbursement in circumstances deemed clearly beyond the control of the student. • Should the student or parent/guardian not reimburse the ROP for cost of lost or damaged materials, the student's transcript, certificate, and grade may be withheld from the student, provided timely notification is given to the student, and parent/guardian (for high school students) and notice of due process is given. Adult students also may be barred from future enrollment in ROP classes until costs are reimbursed or recompensed through alternative means. 22 Title IX and Students Based on federal and state law, no student shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the basis of actual or perceived sex, sexual orientation, and gender (including gender identity, gender expression, marital status, parenting, pregnancy, childbirth, false pregnancy, termination of pregnancy or related medical condition. Male and female students have the right to equal learning opportunities in their schools and must be treated the same in all District educational activities and programs, including: • Athletics • Physical education • The classes they can take • The way they are treated in the in educational programs and activities • The kind of counseling they are given • The extracurricular activities, programs, and clubs in which they can participate • The honors, special awards, scholarships and graduation activities in which they can participate Students who feel that their rights are being violated have the right to take action and should not be afraid of trying to correct a situation by speaking to a school administrator, Title IX/Bullying Complaint Manager, psychologist, counselor, or trusted adult at school, or filing a complaint (see Uniform Complaint Procedures). Students are encouraged whenever possible to try to resolve their complaints directly at the school site. Any student who'believes he or she is being discriminated against in violation of Title IX has the right to file a complaint. For further information or assistance, contact your school's administrator or NOCROP Assistant Superintendent, Educational Services, 385 N. Muller Street, Anaheim, CA 92801, (714) 502-5877. Tobacco -Free Workplace Board Policy 4025 The Governing Board believes that the maintenance of a tobacco -free workplace is essential to ROP operations. The ROP will maintain a tobacco -free workplace. The use of tobacco products shall be prohibited in all buildings, property, facilities, service areas, and satellite centers of the ROP. A tobacco -free workplace is essential to maintain the safety and efficiency of ROP operations, and the health and safety of employees, students, and the public. Tuition Payment Full payment does not guarantee that the course will be held. If the minimum number of students necessary to hold the course is not met, the course will be canceled, and you will be issued a full refund. Tuition for the program selected is due 2 weeks prior to the start of the class, but no later than the start of the class session unless prior arrangements have been made with the Student Information Assistant. Payment may be made with a credit card, debit card, money order made payable to North Orange County ROP, or cash. Payments may be submitted electronically on our secure student portal or presented in person to the Student Information Assistant during regular office hours. Past -due payments may result in transcriptt.certificate holds and may also lead to financial suspension (dismissal) from the program. Students who have been dismissed for financial reasons, or dismissed due to academics with an overdue payment, will be required to pay past -due balances in full as well as the first payment due for the upcoming course in order to re -enroll. Veterans Entitled to Educational Assistance under Chapter 31 and Chapter 33 North Orange County ROP permits any covered individual* to attend and participate in courses beginning on 23 the start date as long as the individual provides the campus Student Information Assistant or Director of Nursing Programs a certificate of eligibility for entitlement to educational assistance under Chapter 31 or 33 and ending on the earlier of the following dates: The date on which payment from VA is made to the institution. g0 days after the date the institution certified tuition and fees following the receipt of the certificate of eligibility. NOCROP will not impose any penalty, including the assessment of late fees, the denial of access to classes, libraries, or other institutional facilities, or the requirement that a covered individual borrows additional funds, on any covered individual because of the individual's inability to meet his or her financial obligations to the institution due to the delayed disbursement funding from VA under Chapter 31 or 33. Note that this policy applies to the portion of tuition and fees -expected to be paid for the program or course under Chapter 31 or 33. Covered individuals whose educational assistance eligibility under Chapter 31 or 33 is less than the full amount billed for tuition and required fees may be required to remit payment or make other satisfactory arrangements to pay the difference between the amount of the student's financial obligation and the amount of the expected VA education benefit disbursement. *For purposes of this disclosure, a covered individual is any enrolled student who is entitled to educational assistance under Chapter 31, Veteran Vocational Rehabilitation and Employment, or Chapter 33, Post-9/11 **GI Bill® benefits. **GI Bill® is a registered trademark of the U.S. Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Web site at https://www.benefits.va.gov/gibill." Uniform Complaint Procedures Board Policy 1312.3 Community Relations The Governing Board recognizes that ROP has the primary responsibility to ensure compliance with applicable state and federal laws and regulations governing educational programs. ROP shall investigate and seek to resolve any complaints alleging failure to comply with such laws and/or alleging unlawful discrimination, harassment, intimidation, or bullying in accordance with the uniform complaint procedures. The Superintendent or designee shall develop regulations which permit the public to submit complaints against ROP employees in an appropriate way. These regulations shall protect the rights of involved parties. The Board may serve as an appeals body if the complaint is not resolved. The Board encourages the early, informal resolution of complaints at the site level whenever possible. To resolve complaints which may require a more formal process, the Board adopts the uniform system of complaint processes specified in 5 CCR 4600-4670 and the accompanying administrative regulation. ROP shall use the uniform complaint procedures to resolve any complaint alleging unlawful discrimination, harassment, intimidation, or bullying in ROP programs and activities based on actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Penal Code 422.55, or Government Code 11135, or based on association with a person or group with one or more of these actual or perceived characteristics. Complaints related to sufficiency of textbooks or instructional materials, emergency or urgent facilities conditions that pose a threat to the health or safety of students or staff, and teacher vacancies and misassignments shall be investigated pursuant to the ROP's Williams uniform complaint procedure (AR 1312.4). 24 Uniform complaint procedures shall also be used to address any complaint alleging: 1. Prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities, the requirements for the development and adoption of a school safety plan, and state and/or federal laws in adult education programs, and special education programs. North Orange County Regional Occupational Program UNIFORM COMPLAINT PROCEDURES ROP BP 1312.3 Revised: October 10, 2018 Adopted: March 21, 2007 BP 1312.3 (b) 2. Unlawful discrimination, including discriminatory harassment, intimidation, or bullying, in ROP programs and activities against any person based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender identity, gender expression, or genetic information, or any other characteristics identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics (5 CCR 4610). 3. Bullying in ROP programs and activities, regardless of whether the bullying is based on a person's actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, immigration status, ethnic group identification, age, religion, marital, pregnancy, parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics. 4. ROP noncompliance with the requirement to provide reasonable accommodation to a lactating student on the school campus to express breast milk, breastfeed an infant child, or address other breastfeeding- related needs of the student (Education Code 222). 5. ROP noncompliance with the prohibition against requiring students to pay fees, deposits, or other charges for participation in educational activities (5 CCR 4610). 6. Retaliation against any complainant or other participant in the complaint process or anyone who has acted to uncover or report a violation subject to this policy. The Superintendent or designee at his/her discretion may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint. The ROP will not investigate anonymous complaints unless it so desires. The ROP shall protect all complainants from retaliation. In investigating complaints, the confidentiality of the parties involved shall be protected as required by law. As appropriate for any complaint alleging retaliation or unlawful discrimination (such as discriminatory harassment, intimidation, or bullying), the Superintendent or designee shall keep confidential the identity of the complainant and/or the subject of the complaint if he/she is different from the complainant, as long as the integrity of the complaint process is maintained. When an allegation that is not subject to the Uniform Complaint Procedures is included in a Uniform Complaint Procedures complaint, the ROP shall refer the non -Uniform Complaint Procedures allegation to the appropriate staff or agency and shall investigate and, if appropriate, resolve the Uniform Complaint Procedures -related allegation(s) through the ROP's Uniform Complaint Procedures. The Superintendent or designee shall provide training to ROP staff to ensure awareness and knowledge of current law and related requirements, including the steps and timeliness specified in this policy and the accompanying administrative regulation. Student Grievance Procedure If a student believes his/her rights have been violated, he/she should use the following procedures: Step 1 — Informal Process Contact the ROP instructional administrator (see below). If unresolved, then file a complaint (see Step 2). Step 2 — Formal Process Send a written complaint to the Assistant Superintendent, Educational Services at 385 N. Muller 25 Street, Anaheim, CA 92801. For information call (714) 502-5877. If unresolved, the formal process continues (see Step 3.) Step 3 — Investigation/Decision ROP investigates the complaint. A decision is given to the student within thirty (30 calendar days of receiving the written complaint from Step 2. If unresolved, file an appeal (see Step 4). Step 4 — Appeal to the Board of Trustees Send a written appeal to the North Orange County ROP Board of Trustees through the ROP Superintendent within five (5) business days of receiving the decision from Step 3. A decision is given to the student within sixty (60) days of receiving the written complaint from Step 2. If unresolved, file an appeal within fifteen (15) calendar days of receiving the Board of Trustees' decision (see Step 5). Step 6 — Appeal to the State Superintendent Send a written appeal to the California Department of Education within fifteen (15) calendar days of receiving the Board of Trustees' decision from Step 4. Vandalism, Theft, and Graffiti Board Policy 6131.5 The Governing Board considers vandalism a very serious matter. Vandalism includes the writing of graffiti and the negligent, willful, or unlawful damage to or theft of any ROP real or personal property. Any ROP student who commits an act of vandalism shall be subject to disciplinary action by the ROP and also may be prosecuted through other legal means. If reparation of damages is not made, the ROP may withhold the student's grades, certificates, and/or transcripts in accordance with law. Withdrawal and Refund Policies Tuition Refund Policy Students have the right to withdraw from a program of instruction at any time. For the purposes of determining the amount the student owes for the time attended, students in all programs shall be deemed to have withdrawn from the program when any of the following occurs: • Notify NOCROP of withdrawal in writing of the actual date of withdrawal; or ® NOCROP terminates the enrollment due to academic or attendance issues Students are charged each payment period for the tuition, fees, books, and/or supplies attributable to the courses scheduled for the payment period. Note that the payment period for all programs may vary. Individual course payment dates are pre -determined based on the course start date. If the student withdraws or is dismissed from the program, NOCROP will calculate whether a refund of tuition, fees, books, or supplies is due for the payment period from which the student withdrew. If so, NOCROP will remit any required refund within 45 days following the withdrawal. Supplies issued to students and books purchased through NOCROP are not refundable. Students completing less than 50% of the course or program of study will receive a pro rata refund based on number of days or number of modules attended. Students who completed more than 50% of the course during the payment period are liable for 100% of the tuition for the course, module or Term, and fee charges for all courses scheduled for the payment period at the time of withdrawal, as well as books and supplies purchased through NOCROP for the payment period. 26 Determination of the Withdrawal Date The student's withdrawal date is the last date of academic attendance as determined by the institution from its attendance records. The withdrawal date for a student who takes an institutional leave of absence is the last date of attendance prior to the leave. Process for Withdraw/Refund Request If a student wants to withdraw from the course before it begins, they must do so by emailing studentportaKi)nocrop.us or calling (714) 502-5834 at least 48 business hours before the start date and time of their course. Any withdrawal requests made after this time will not be accepted. To complete the Refund Request Form, sign into the Student Portal and the form will be located under the Reference tab on the left, under Forms. o cam�nhatiwi a clam a A#wdm Students Student Forms 1 u4 Rearm rw a Apwb 4 imipi,p a FA�yAa Pmr a 85Qi¢AikFORM INSTANCE FORM TITLE $�.YiTTED EY UF� s. q Pcltte�u 5S 1 Se!4gefen4 Fm[Na.I ft aM SV_y am p IQi +urdai cc' pWiMI Sw.Ni Im9EW) Pu RtPowty `"Note: All students must acknowledge and agree to the terms and conditions above prior to registering for any NOCROP adult course. A signature acknowledging the agreement will be required at the time of initial payment, as well as any subsequent payments. Withholding Student Grades, Credit Information, and Certificates Board Policy 5125.2 The ROP has the authority to withhold grades, credit information or certificates, or any combination thereof, from any student who is in possession of ROP property. Work -Based Learning (WBL) Board Policy 5145.7 An umbrella term that covers work experience, work experience education, and other career exploration activities that help students become work -ready. In ROP it may take many forms such as clinical and externships (required for certain training programs, Community Classroom (CC) which is unpaid WBL, or Cooperative Vocational Education (CVE) which is paid WBL. ROP teachers oversee the various aspects of WBL, according to Title V, Sections 10085 and 10106 of the State Department of Education Regulations. 27 In CC and CVE classes, learning takes place in the classroom and the identified training sites throughout the course. Students must attend a weekly related instruction class. All CC and CVE students have an Individualized Training Plan (ITP) identifying competencies to be developed at individual job training sites and in related classroom instruction. The ITP is tailored to each student's job training requirements and is used to share competencies among instructor, student, and training supervisor. Classroom attendance and training hours are reported to the student's high school and is used to determine credits earned. These policies are subject to change at the discretion of the North Orange County ROP Board of Trustees. Please visit our website at www.nocrop.orq to view updates on Board Policies. 28 NOCROP Programs Dental Assistant Level I New Dental Assistant Level 1 students start every Fall, Winter, Spring, and Summer Terms. COURSE DESCRIPTION: The Dental Assistant Level I program will consist of 23 weeks with a total of 336 hours in theory and clinical practicum. Dental Assistant Level I prepare students for entry-level employment as an Administrative or Clinical Dental Assistant. Students will learn the basic skills needed to satisfy requirements in starting a career in Dental Assisting. Students will learn hands-on techniques, as it relates to chairside dental assisting and current dental practice aligned with the Dental Board of California. After completion of all the Dental Board of California RDA state requirements (Dental Assistant RDA Prep) and 15 month verifiable work experience you may qualify to take the RDA state board examination. All course materials will be provided in order to support and prepare students for success. COURSE OUTCOMES & CERTIFICATIONS: • California Dental Board California Dental X-RayCertification • California Dental Board 8-hour Infection Control Certification • California Dental Board 2-hour Dental Practice Act Certification TOTAL COURSE COST: $4,100; $500 to register. Payment plans available. TOTAL PROGRAM HOURS: 336 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: Basic computer knowledge including Google & Microsoft programs MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or CALL (714) 502-5834 29 Dental Assistant (RDA) Preparation Level II New RDA Preparation students start every Fall, Winter, Spring, and Summer Terms. COURSE DESCRIPTION: Dental Assisting (RDA) Preparation Level II program prepares students for a job as a Registered Dental Assistant. Upon completion of this 66-hour program and 15 months verifiable work experience graduates may be eligible to take the Registered Dental Assisting state exam. This course includes classroom, lab, clinical, and pre -clinical hours. Students will learn Coronal Polish, Pit and Fissure Sealant and RDA functions as it relates to the RDA State Board exam. COURSE OUTCOMES & CERTIFICATIONS: • Dental Board of California Coronal Polish Certificate • Dental Board of California Pit & Fissure Sealants Certificate • Eligible to sit for Registered Dental Assistant Exam after completion of 200+ hours of verifiable work experience TOTAL COURSE COST: $1,750; $500 to register. Payment plan available TOTAL PROGRAM HOURS: 66 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: Students enrolled in Dental Assistant Level II (RDA Prep) need the following Completion of Dental Assisting Level I OR 8-hour Dental Board Approved Infection Control Certificate 2-hour Dental Board Approved Dental Practice Act Valid CPR Card Dental Board Approved Radiation Safety Program MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or CALL (714) 502-5834 30 Medical Assistant: Clinical & Administrative New Medical Assistant: Clinical & Administrative students start every Fall, Winter, Spring, and Summer Terms, COURSE DESCRIPTION: . North Orange County ROP Medical Assistant Training Program provides students with the skills and the experience necessary to gain confidence in a rewarding career as a Medical Assistant. Students will learn the basic functions and duties within an administrative and clinical setting in preparation for the Medical Assistant certification examination through National Center for Competency Testing, The program consists of 21 — 28 weeks, including a total of 276 hours in theory and a 5-week clinical internship (120 — 160 hours). Externships are provided within the Orange County Region. After completing the Medical Assistant Training Program along with 120-160 hours of work -related experience, the student will be eligible to take the Medical Assistant certification exam through the National Center for Competency Testing (NCCT). All course materials will be provided in order to support and prepare students for a successful career in Medical Assisting. COURSE OUTCOMES & CERTIFICATIONS: Students who successfully complete this course, including 120-160 hours of clinical externship are eligible to take the Medical Assistant certification exam through the National Center for Competency Testing (NCCT). TOTAL COURSE COST: $3,350; $500 to register. Payment plan available. TOTAL PROGRAM HOURS: 276 hours of theory + 120-160 hours of clinical externship CLASS DAYS/TIMES: See current class schedule PREREQUISITES: Successful completion of Medical Terminology, or equivalent course Recommended basic computer knowledge NCCT Medical Assistant Certification requires a high school diploma or GED o *For those who do not have a high school diploma or GED, a Medical Assistant certification examination is available through the California Certified Board for Medical Assistant (CCBMA), for approximately $145 MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or CALL (714) 502-5834 31 Medical Terminology New Medical Terminology students start every Fall, Winter, Spring, and Summer Terms. COURSE DESCRIPTION: This course is designed to introduce students to medical vocabulary and the terminology of body systems. The fundamentals of word stems, prefixes, and suffixes used in medicine, as well as anatomical and physiological terms, are taught. Using hybrid instruction, learning takes place through a combination of traditional and online classroom instruction. Students receive direct instruction and complete applied requirements of the course inside the classroom while learning course content outside the classroom via an online learning system. Students should have access to a computer with an operating online browser. - COURSE OUTCOMES & CERTIFICATIONS: Medical Terminology is a prerequisite for Medical Assistant Training Program and Vocational Nurse Training Program TOTAL COURSE COST: $600 TOTAL PROGRAM HOURS: 64 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: Recommended basic computer knowledge including Google & Microsoft programs MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or call (714) 502-5834 32 Nurse Assistant: Long -Term Care New Nurse Assistant: Long -Term Care students start every Fall, Winter, Spring, and Summer Terms. COURSE DESCRIPTION: This course is designed to prepare students for a career in nursing. Students learn about basic nursing care, emergency procedures, communication, and how to work effectively as a member of a health care team. In order to participate in clinical experience and to qualify for the National Nurse Aid Assessment Program (NNAAP) examination, students must do the following: receive a passing grade; possess and present a valid, government -issued photo ID and Social Security card or Individual Tax Identification Number (ITIN); have a negative TB test and physical exam; complete CPR training; and have a clear fingerprint/background check. Students must successfully complete a minimum of 60 hours of classroom instruction and a minimum of 100 hours of clinical experience and pass the NNAAP CNA examination which is approximately $120.00 for the written and manual skills portions (retakes are an additional charge). A passing score on this exam is required for state certification. COURSE OUTCOMES & CERTIFICATIONS: Students who successfully complete this course may sit for the NNAAP CNA Examination. Additional fee will apply. TOTAL COURSE COST: $2,150; $500 to register. Payment plan available. TOTAL PROGRAM HOURS: 178 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: • Recommended basic computer knowledge including Google and Microsoft • Student must have valid American Heart Association Basic Life Support (AHA BLS) CPR card prior to start date MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or call (714) 502-5834 33 Acute Care CNA (*Not Currently Offered) COURSE DESCRIPTION: Certified Nursing Assistants (CNA) need experience to be able to obtain employment in the acute care/ hospital setting. The North Orange County ROP Acute Care CNA course is designed as an extension to equip a Certified Nurse Assistant with the necessary basic skills of the CNA in the acute care setting. The course includes focus on medical -surgical nursing, communication, patient assessment, observation, reporting, and reinforcement of Certified Nurse Assistant basic -care procedures. COURSE OUTCOMES & CERTIFICATIONS: Students who successfully complete the Acute Care CNA program will be able to include the knowledge and . experience they obtained along with their CNA to be able to apply to acute care facilities and hospitals. TOTAL COURSE COST: TBD TOTAL PROGRAM HOURS: 88 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: • Proof of current CNA certification • Valid Social Security card • American Heart Association Basic Life Support (BLS) for Healthcare Providers card • Students will be required to pay for, complete, and clear a background check, drug test, and physical examination/lab tests/titers/immunizations MANDATORY ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation and to become familiar with the Student Portal. FOR MORE INFORMATION, EMAIL studentportal@nocrop.us or CALL (714) 502-5834 34 Vocational Nurse COURSE DESCRIPTION: The North Orange County ROP is proud to offer training to become a licensed vocational nurse. A Vocational Nursing certificate provides you with the knowledge and skills necessary to become a licensed vocational nurse. VNs must pass their state license exam to become licensed vocational nurses (LVNs) to work in the field and work under the direct supervision of a registered nurse, doctor or dentist. Licensed vocational nurses provide emotional support for patients, and may work in acute care hospitals, long-term care facilities, home health agencies, or residential care facilities. Some tasks performed by an LVN can include checking blood pressure, performing wound care, administer artificial feedings, help bathe and/or dress patients, helping to deliver, care for, and feed patients of all ages, administer medication, collect samples for diagnostic testing, and much more. To be successful, LVNs must be compassionate and caring individuals. With a certificate in Vocational Nursing from North Orange County ROP, you will be well prepared to take your state licensure exam and enter the workforce as an LVN. COURSE OUTCOMES & CERTIFICATIONS: Students who successfully complete the program will be assisted in the process of taking the National Councill Licensure Examination for Practical Nurses (NCLEX-PN) TOTAL COURSE COST: $19,550; $3,910 to register. Payment plan available. TOTAL PROGRAM HOURS: 1,560 hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: • Current/valid government photo ID indicating prospective student is 18 years of age orolder • Valid Social Security card • Official, sealed transcript(s) indicating possession of a high school diploma or equivalent. All foreign transcripts must be translated and evaluated for US equivalency by an official US service prior to submission • Medical Terminology • American Heart Association Basic Life Support (BLS) for Healthcare Providers card. Certification must stay current throughout the program • Cumulative score of 70% or higher on the HESI Admission Assessment Exam. Opportunities for testing will be available during the admission process • Once selected for admission into the VN Training Program, students will be required to pay for, complete, and clear a background check, drug test, and physical examination/labtests/titers/immunizations MANDATORY ONLINE ORIENTATION: Students will be sent a welcome email approximately two weeks before the class start date to complete the orientation to become familiar with the Student Portal. 35 INFORMATION TECHNOLOGY (IT) FUNDAMENTALS COURSE DESCRIPTION: This course is designed as an introduction to a career in Information Technology (IT) support. This course will prepare you to take the IT Fundamentals Certification Exam. Upon completion of this course, you will be able to: • Identify and explain the basics of computing and IT infrastructure. • Set up computer workstations, establish basic network connectivity, and install and use basic software applications. • Explain the functions and types of devices used within a computer system. • Perform computer maintenance and support. • Describe the basic principles of software and database development. • Configure computers and mobile devices to connect to home networks and the Internet. • Identify security issues affecting the use of computers and networks. • Identify and prevent basic security risks. COURSE OUTCOMES AND CERTIFICATION: IT Fundamentals Certification TOTAL COURSE COST: $995 TOTAL PROGRAM HOURS: 90 Hours CLASS DAYS/TIMES: See current class schedule PREREQUISITES: Basic computer knowledge including Google & Microsoft programs MANDATORY ORIENTATION: Students must attend a mandatory orientation on a pre -announced date at Room # 9, Trident Education Center, 1800 W. Ball Road, Anaheim, CA 92801, from 4:00pm to 6:00pm. 36 North Orange County ROP CAREER READY PRACTICES Apply appropriate 2 Develop an academic knowledge aligned with personal goals NNW A P PLY Utilize to make sense of problems *O�ALTH TEtHN0LOGY and persevere in solving Inu"FINANCIAL LITERACY TO ENHANCE JUMB0111V\�V ��,*% JJ PONS1811 j�IFy M001t10TT0011Y fill"" c lffICTIO ro.R01MMry Ci '✓. } 0 * » IN THE WORKPLACE 8 while integrating AND THE COMMUNITY competence • Understand the � Impacts of Decisions 10 40 V 7 j o 12 a:ce.eE Kau,/ cam.n �I �.JZ `m i 5 a n U� a m lL L_ Q N E! 00 iol ar ti cu I� q N N � Q C J C C U p N N x a)o In Q N Q O w a�0 m Q E m° 0 0 N ..l LVE I I C s: �J O U)EF u W Z Ojo Z 'and 400m-LnN v V L 1 W N OI .v.o d� +''y i2 lL=© Dw C(nq ON Wd© FTd� W 0¢] lLLL-7 I (nQ •, K T , `- '>� z _ - Employment EDD Develpartmopmet Deennt State of California DIRECTIVE Date: November 10, 2021 Number: WSD21-03 ETPL POLICY AND PROCEDURES EXECUTIVE SUMMARY CALIFORNIA 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 WIOA 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 equal opportunity 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 WIDA and the Wagner-Peyser Act Employment Services, as amended by title 111 of WIOA, and for Implementation of the WIDA Final Rules (March 1, 2017) • TEGL 13-16, Guidance on Registered Apprenticeship Provisions and Opportunities in the W1OA (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 • CUIC Section 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, CaLIOBS Activity Codes (December 27, 2019) • WSD17-01, Nondiscrimination and Equal Opportunity Procedures (August 1, 2017) • California's Unified Strategic Workforce Development Plan WIDA Section 122 requires states to establish and maintain a list of training providers who are eligible to receive WIDA Title I, subtitle B funds for training services. An America's Job Center of CaliforniasM (AJCC) 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 WIDA. 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 AJCCs, 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. 5. 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. 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. The information contained in this Directive should be shared with Local ETPL Coordinators, and all other staff involved in the administration of the ETPL. 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 Local ETPL 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 Fist 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 W1OA 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 ETP L. o 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. o 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. WSD21-03 Page 4 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 • 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 WIOA Section 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. WSD21-03 Page 5 of 21 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 1st and July 301h. 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 CaIJOBS 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 ETPAssurances Form (Attachment 4) to the documents section of the Provider Profile in CalJOBS. 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 Reciprocal 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 WSD21-03 Page 9 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Training providers must be accredited by the WASC Accrediting Commission for Community and Junior Colleges (ACCIC). The following website can be utilized to search for the WASCACCJC accredited colleges: WASC ACJCC. 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 (UQ 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. e 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). o 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. WSD21-03 Page 12 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 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. WSD21-03 Page 13 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 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)1: ■ Employment Rate 2"d Quarter after Exit meets the state's negotiated goal for the Title I Adult program. ■ Employment Rate 41h 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. WSD21-03 Page 14 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 Please see CaIJOBS 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 CaIJOBS 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 WSD21-03 Page 15 of 21 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 ETP Assurances 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. Delisting 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: 1. 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 WSD21-03 Page 16 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 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. 3. 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 CaIJOBS 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. WSD21-03 Page 17 of 21 ETPL POLICY AND PROCEDURES ATTACHMENT 1 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 WSD19-10for 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: WSD21-03 Page 18 of 21 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. WSD21-03 Page 19 of 21 ETPL POLICY AND PROCEDURES 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 AJCC 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 1st 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 ETP Assurances 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. WSD21-03 Page 20 of 21 ETPL POLICY AND PROCEDURES 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 CaIJOBS 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 CaIJOBS Activity Codes used to track a participant's training activities, please see CaIJOBS Activity Codes (WSD19-06). WSD21-03 Page 21 of 21 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. WSD21-03 Page 1 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 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 WSD21-03 Page 2 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 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. WSD21-03 Page 3 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 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 TASC'". 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. WSD21-03 Page 4 of 5 ETPL POLICY AND PROCEDURES ATTACHMENT 2 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 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: ® DELEGATION — 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. ® CANCELATION — 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 Board- Delegating Local Board Executive Director Name: Signature: Date: Appointed Local Board: Appointed Local Board Executive Director 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 rinsert 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 1: (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 ETPL POLICY AND PROCEDURES ATTACH ME NT 4 ETP REPORT REQUIRED DATA Required Data Fields ETPL Provider Name ETPL Program Name Total Number of Individuals Served Total Number of Individuals Exited Total Number who Completed the Program Total Number Employed 2nd Quarter after Exit Median Earnings in the 2 nd Quarter after Exit Total Number Employed 0 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 S STEP 1: CALIFORNIA ELIGIBLE TRAINING LIST (ETPL) TRAINING PROVIDER CATEGORY DETERMINATION 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 NO m ATTACHMENT 5 ft P��as� pro � riva�� r For definitions of the provider types, please reference Attachment 1 and 2 of the Directive. ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES YES ATTACHMENT 5 Training provider, it . • `not elk le to be C S ed on#e CA ETPt: ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES YES YES ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart ATTACHMENT 5 STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION NO Mko ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 3: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES YES YES YES ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 4: CA ETPL TRAINING PROVIDER TYPE DETERMINATION YES YES YES ATTACHMENT 5 ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 5: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES ETPL POLICIES AND PROCEDURES CA ETPL Training Provider and Program Determination Flowchart STEP 5: CA ETPL TRAINING PROVIDER ELIGIBLITY DETERMINATION YES ATTACHMENT 5 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: C■� �IJ//_1. 11, Signature of Approving Local Board Executive Director Date WSD21-03 Page 1 of 1 ATTACHMENT 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 ETP Assurances Form...............................................................................................................17 General ETPL 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 #IS —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 Californias" 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 CaIJOBSsl 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 islocated. 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 for that 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 CalJOBS, 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 1ST to June 301h. 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 CaIJOBS 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 staff's 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 Page 10 of 25 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. Page 11 of 25 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. Page 12 of 25 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 Page 13 of 25 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 LIC 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. Page 14 of 25 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 CalJOBS. 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 CalJOBS. 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 Page 15 of 25 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 CalJOBS 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 CalJOBS 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? Page 16 of 25 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. Page 17 of 25 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. Page 18 of 25 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. Page 19 of 25 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. Page 20 of 25 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 Page 21 of 25 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 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 ReciprocalAgreements (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 CaIJOBS 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 regardingthe 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 otherthan 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 Federalcontract, grant, loan, or cooperativeegrepment, 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 nottess than $11,000 and not more than $110,OOQ for each such failure. Michelle Owed Ed.D. , Name of Certifying Official Signature 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.B. 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, 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 maybe 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 - (1) 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. EXHIBIT E (a) 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; (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 employes, 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 otherappropriate 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 itts 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 revised "Place of Performance" form. Date Program pperatOr S, ra EXHIBIT E DIVISION OF EMPLOYMENT SERVICES PLACE: OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Michelle Owen, Ed.D. Name of Contractor: North Orange CourltyRegional Occupational Program Contract Number: Date: 8/30/23 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, cou.nty, state, zip code for each site): Trident Education Centery 1800 W. Ball Road Anaheim, CA 92804 EXHIBIT E Certification Regarding _Debarment. Suspension;, IneligINility 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 VII 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, (Le, 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 fromcovered 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, Mate 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 civilly charged by a government entity (federal, state or local) with commission of 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 statements in this certification, such prospective participant shall attach an explanation to this proposal. r Granteee/CContrap_orp-b\\fg—anization f M\ �ICL\ V-tX�1l ?J CY2 Cti\4 Name andTitle of Official Authorized to Certif„ On Behalf,of the Grantee Date EXHIBIT F INSTRUCTION FOR CERTIFICATION 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 avallableto the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. S'; 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 setout 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. 5, 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. '/i Nothing contained in theforegoing 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. 8, 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, includinV suspension and/or debarment, EXHIBIT 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 indicating you have 'narl,h0d are W,oviding assurance you are or will be in compliance with the following. SAWD13 uses the CaIJOBs 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 and/or subsequent eligibility of providers. Contractors must enterprogram(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, or course lengths, the program must be entered separately for each variation. WDB has authorized tho South Hay WDB to make initial and subsequent eUgibility determinations for applications submitted from providers. Contractors should contact the South Bay WDI3 11539 Hawthorne Blvd., 501 Floor, Hawthorne, CA 90250, 310-970-7700. C(7Ml;ACTOR is required to be in compliance with South Bay WDB Master agreement and 'U.-Mrt Wscs 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. 0200, Santa Ana, CA 92701 ATTN: SAWDB Staff.: The submission must include completed ETPL training program applications and a copy of the letter from the South Bay WDB denying application. cal boards may establish local policies requiring performance above the state minimum standards for providers to be included on the ETPL. ace and processing of an application does not constitute all agreementor relationship between the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB. Applicationswill be process on an ongoing basis. CTO13 must be in compliance with the State and Federal regulations, per Workforce Innovation and. Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and ,Procedure $D 15-07 or.it's replacement. r CO TRACTORS must also meet one of .the following criteria in order to bave their programs listed on the ETPL: 1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of Exemption by BPPE. EXHIBIT C, 2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC, or the Accrediting Commission for Community and Junior Colleges, CSU, VC, and other WASC accredited institutions. This accreditation can be verified at: www.aceie.orw or, ti<<t+tt_YwFi�Sase..nfor,�otrrl•.;. 3) Postsecondary institutions eligible under Title 1V 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, 5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO). RACTORmust rea l to be considered for subscquent approval on the ETPL and agrees to prov'd the'required performance and cost information data. ACTOR must annually meat the state's minimum performance standards, however the SAWDB may, set higher levels. Public Postsecondary Community Colleges, CSUs, and TJCs are required to provide performance information for consideration of placement onthe CA ETPL but due to heavy state oversight, investment, and the inability to capture true program outcome data, these �iasti Wti6 ittypes are notrequired to meet a specific perfbxmancetlnesliold to be listed "on the CA'ETPf . "OR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the Fact Sheet) to document their achievement of the performance criteria if applicable. It IZI Arles Training on the ETPL must be for occupations in in -demand industry sectors identified by the state, regional or local workforce development boards, i ningon the ETPL must provide training services that lead to auiridnstry-recognized credential, ii nal :Dr state certificate, or degree, including all industry appropriate competencies, licensing and(o ,eertification requirements. understands that all performance data and data submitted on the ETPL must be matte verification by the SAWDB or the State EDD office. t)�1sT%F1tACTOik must maintain all t he relevant records utilized to support the data submitted on ETPL for audit or monitoringpurposes by the SAWDB or the State EDD office. 2ACTOR that claim au exemption to BPPE (Section 94874 of the BPPE Actj must apply eive 0 "Verification of Exemption" before being listed on the ETPL. Since it has been fined that any expenditure of public funds, state or federal, that directly benefits a student to be "financial assistance,, we expect that instances of exemption will be very rare; A must have all considered training programs listed with the BPPE the SAWI)B may that was submitted to EPEE: CONTRAQTOR will be required to be, registered in CalJOBS" and must have g programs listed withthe BPPE match on CalJOBS. Ali (fS NTRACTO.Rare 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 notinelude performance data will not be approved for listing on the ETPL. MRIBtTO UQN Lust have their ourrontcourse catalogs on file with the SAWDB. grees to immediately notify (within 10 working dU4) the SAWDB, in writing, of information submitted with initial, agreement. woes to aecopt WIQA eligible referrals from, the Santa Ana WORK Center on an basis. shall not accept nor caroll WIOA participants who do not meet the 's entrance requirements, which are to be the same general entrance requirements is students, and agrees to submit a written notification to the Santa Ana WORK onager stating the roasou(s) fortiori-noceptauce, TOR agrees to assist the WIOA client in applying for PPLL Grants and any other funds le available to offset the cost to WIOA and to work together with the WIQA client's Case i ensure all other fitnding sources are investigated and those funds obtained before he`Vendor Voucher to the SAWDB for payment, to cross out sections of the studen enrollment -agreement that would bold the sially responsible for any training related expenses, to enroll the WTOA participant in the course stipulated on the to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for )soft, Novell, Al-, etc.) and will provide a copy of the pass/Bail, results at that ;ship CONTRACTORS trust include a letter of oommitmont from an approved program and meet the application policies and procedures required for the typo of community college, private post -secondary, adult education provider, etc.), 4 L1 )4'17RACTQR Apprenticeship Programs registered under the National Apprenticeship Act (NAM or recognized by DTWDAS are exornpt from initial eligibility procedures. Registered apprenticeship programs must be included and maintained on the list of eligible providers of training services as long as I t4"Orresp6nding program remains registered, as described at WIOA sec. 122(a)(3). 00 �Y)N [ RAC'1'gR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the Department of.Laf or, the WIOA client and any of their duly authorized representatives' access to pli 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 W1QA participant.. The right to records includes the right to make excerpts, transcripts and photocopies, The right also includes the right to have.r©asonableand timely access to personnel for the purpose of interviews and di u sf its related to the records of the WIOA participant. rNTRACTOR agrees to provide progress rye orls which indicate grades and test scores, as well as attendance reports, to the WIOA olient°s Case Manager on a monthly basis. EXHIBIT G TRACTQR agrees to notify the W10A 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 schooPlInless otber arrangement aremade in writing. IiACTOR agrees to provide a copy of the "reimbursement form" and issue a refund check to the "City of Santa Ana" for the number of unused training hours and any non4ssued training/testing vouchers, books, tools, oto, due.withn 30 calendar days after the last day the W10A client attended school or the day the school was notified that the WIOA client dropped. Said check to be mailed to the atteati li of the WlQA Case Manager, 801 W Civic Center Dr., 4200, Santa Ana, CA 92701, to provide the W10A Case Manager a copy of the W10A client's cortilicate a or official transcripts within 10 working days of the date of completion or QR agrees to provide the W10A client with the same level of job search/placoment provided to the public students and to provide the WIOA Case Manager with all the rmation regarding the placement of the W10A client within 5 working days of the W10A lay, of employment. A WIQA client has 1$0 days after comploting training to gat a job RACTOR to pet credit for placement in employment. my Board of Directors, Trustees, other legally qualified officer, or as the owner of ness to submit this proposal, is not currently on any Federal, State of California, or local Debarment list. provide records to show that weiare fiscally solvent, if needed. vas, or will have, all of fiscal control andaccounting procedures needed to ensure will be used as required by law and contract. additional funding sources and will not be dependent on W10A funds alone. meet the applicable rederal, State„ and local compliance requirements. Those ited to: reflect actual performance if applicable. record confidentiality, as required. participant; and performance data, as required. and Federal fiscal and program activity audits, and State non-discrimination provisions. of Section 504 of Rehabilitation Act of 1973, of the Amorican's with Disabilities Act of 1990. (submit completed survey) 4 EXHIBIT Q oth all applicable labor law, including Child Labor Law standards. a drug free workllace. Santa Ana through,(3encral Liability Insurance and Automobile Liability 4,000,000.00 policy. Ltdt n.ptovide all participants with Grievance Procedures, de to insure proposer's employees through Workers Compensation Insurance (including part-time employees) 1 ttrementpolicies and procedures are in, place and meet federal guidelines, to assist, promote, or deter union organizing. or train of persons in sectarian activities. a fuids for youth in the construction, operation, or maintenance of any part ofafacility to be used for sectarian instruction or religious worship. A money under this contract to purchase any equipment. I hereby assure that all of the Owe are true„ $ EXH113I'r 0 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 Complaints A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under Ell 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 IV. Procedures for Handling Complaints at the State 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 1 GLOSSARY OF WIOA TERMS 20 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 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: 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. 7 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. 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 recipient/hearing 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. 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 and 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. 1. 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. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 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. 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) 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. 9. 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 following 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. d. 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 LWDAs Informal Resolution Process w 0 O 0 Unsatisfactory Decision or LWDA Decision not issued within 60 days o Request for State Review w 0 O S R Governor's Decision issued by State Review Panel o If no decision issued by State Review Panel Appeal to DOL 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 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. v EXHIBIT H 2. 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. 18 EXHIBIT H PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY No later than 180 days of alleged discrimination Filed within 30 days of LW DA/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 o Request for Hearing Notice of Hearing Hearing Conducted LWDA Decision Unsatisfactory Decision or No Decision State Review Governor's Decision Appeal to Assistant Secretary Department of Labor 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@ctrax.jdidata.com> Sent: Monday, December 18, 2023 9:26 AM To: Goodson, Audrey; dsuarez@keenan.com; JPesavento@nocrop.us Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor North Orange County R.O.P. Name: Project TBD (060) Number: Project Agreement For Workforce Training - NOCROP Name: 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 covera es) are: « g, =TYPE OFkINSURANCE`* � OLIY NUMBER E, PIRA TION r syGOIDATE FIE AME AUTOMOBILE LIABILITY SCR0010437 07/01/2024 12/01/2023 NOCROP Santa Ana COI.pdf GENERAL LIABILITY SCR0010437 07/01/2024 12/01/2023 NOCROP Santa Ana COI.pdf STUDENT PROF. LIABILITY SCROO10437 07/01/2024 12/01/2023 NOCROP Santa Ana COI.pdf WORKERS COMPENSATION AND EMPLOYERS' PIPS12820 07/01/2024 12/01/2023 NOCROP Santa LIABILITY Ana COI.pdf Thank you, City of Santa Ana Risk Management Division In partnership with CTrax Plus Services Team NORTH P ORANGE RJR COUNTY- Preparing students for caliege and careers since 1271 August 30, 2023 City of Santo Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: North Orange County Regional Occupational Program (NOCROP) has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, NOCROP attests to the following: L NOCROP will notuse/drive any vehicle during the course and scope of the services provided in the agreement/contract. NOCROP will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3 NOCROP consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile Insurance. By signing below, I, Michelle Owen, attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authori.ry to attest to the statements above. If at any time it is found that NOCROP is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Wfifelle Owen, Ed.D. Assistant Superintendent, Administrative Services North Orange County ROP (714)502-5808 mowengnocrop. is Fully AweOW by 385 N. Muller Street, Anaheim, California 92801-5445 • 714-502-5800 `sxr. �l,i North Orange County Regional Occupational Program equips and empowers tomormw's innovative, civic -minded professionals .rx.th»'w""� �^"' `. through career technical education. NOCROP serves students m the Anaheim Union Fligh School District, Fullerton Union High School District, Brea Olinds Unified School District, Los Alamitos Unified School District, and the Placentia-Yorba Linda Unified School. District.. Southern California ReLiEF CERTIFICATE OF COVERAGE Issue Date 7/1/2024 Protected Insurance Program for Schools ADMINISTRATOR: LICENSE # 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan & Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 901 Calle Amanecer, #2OO CERTIFY ,ATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE San Clemente, CA 9267 AFFOR IED BY THE COVERAGE D UMENTS BELOW. ENTIT ES A O �I s I n e 1 - 6 1 y Sophia Canez Llamas Licen . 4R9tySIA sllcmas@keenan.com ENTIT ,: South Callfornla'ReLIEF COVERED PARTY: ENTIT` "byte�nnig¢ e[og f�Vc!Pd O North Orange County uYY „` 1 I C C V C .O.P. Northern Orange County Liability & PENTI (C. 385 N. Muller Street EN FYD: A OA 4.�7.Anaheim CA 92801L] 15 L]F �TITY E: THIS IS TO CERTIFY THAT THE C ES STED HE C _,ate: NAMED ABOVE FOR i PE PERIOD INDICATED. TWITHST9NDING ANY REQUIREMENT, TERM ORCOND ONO ONT TOR OT DO MENT H R 'C HI E� IC �fl" SUED AY HE COVERAGE AFFORDED HEREIN IS SUBJECT O ALL E A DITI S OF O DO. MEMBER ENT COVERAGE I EFFECTIVE/ RETAINED LIMIT TYPE OF COVERAGE LIMITS LTR DOCUMENTS EXPIRATION DATE / DEDUCTIBLE A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [ �J GENERAL LIABILITY [ ], CLAIMS MADE [OCCURRENCE SCR 00104-38 7/1/2024 $ 25,000 $ 1,000,000 GOVERNMENT CODES 7/1/2025 [ ERRORS & OMISSIONS [ SEXUAL ABUSE AND MOLESTATION A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [ ANY AUTO SCR 00104-38 7/1/2024 $ 25,000 $ 1,000,000 [ HIRED AUTO 7/1/2025 [ NON -OWNED AUTO [ GARAGE LIABILITY [ AUTO PHYSICAL DAMAGE A PROPERTY SCR 00104-38 7/1/2024 $ 25,000 $ 500,250,000 [ ALL RISK 7/1/2025 EACH OCCURRENCE [ EXCLUDES EARTHQUAKE & FLOOD [ ] BUILDER'S RISK A STUDENT PROFESSIONAL LIABILITY SCR 00104-38 7/1/2024 $ 25,000 $ Included 7/1/2025 EACH OCCURRENCE B WORKERS COMPENSATION [ ] WC STATUTORY LIMITS [ OTHER [ �J EMPLOYERS' LIABILITY PIPS12821 7/1/2024 $ 7/1/2025 $ 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 EXCESS WORKERS COMPENSATION [ ] EMPLOYERS' LIABILITY $ E.L. DISEASE - EACH EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMITS OTHER $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL PROVISIONS: As respects to the Subaward Agreement for Workforce Training by and between the City of Santa Ana and North Orange County Regional Occupational Program identified by the assigned Unique Entity Identifier Number Y42HCM26UKN1. $2,000,000 annual aggregate, as required by contract. CERTIFICATE HOLDER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE' P.O. Box 1988 (M-76) ACCORDANCE WITH THE POLICY PROVISI( °^, F RAMamgementDims[c 20 Civic Center Plaza (M-30) aF REVIEWED&APPROVED B Santa Ana CA 92702-1988 ( A-pLe A auc� &iskManagement Speciali John Stephens AUTHORIZED REPRESENTATIVE �I Ce sOniNe Qom 20727662 1 NORTHORAI 124/25 Super Pool P&L I Sophia Canez Llamas 17/1/2024 1:42:57 PM (PDT) I Page 1 of 3 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR North Orange County R.O.P. SCR 00104-38 Keenan & Associates Northern Orange County Liability & Proper SIA Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Covered Partvm City of Santa Ana P.O. Box 1988 (M-76) 20 Civic Center Plaza m30) Santa Ana CA 927024988 As respects to the Subaward Agreement for Workforce Training by and between the City of Santa Ana and North Orange County Regional Occupational Program identified by the assigned Unique Entity Identifier Number Y42HCM26UKNL $2,000,000 annual aggregate, as required by contract. The City of Santa Ana, its officers, officials, employees, and volunteers are are named as Additional Covered Parties, but only as respects to operations under the Agreement are concerned. This coverage shall be primary to the certificate holder's coverage, but only as respects to liability arising directly from the actions and activities of the Covered party. The insurance of the Additional Covered Party shall not be called upon to contribute to a loss covered by the Covered Parry's coverage. p orz,N�F Risk ManagementDMsIcrn r' REVIEWED & APPROVED BY. x ® Risk Management Specialist Issue Date: 7/l/2024 80787662 1 NORTHORAI 124/25 Super Pool P&L I Sophia Canez Llamas 17/l/2024 1:48:57 PM (PDT) I Page 3 of 3 Southern California ReLiEF CERTIFICATE OF COVERAGE Issue Date Protected Insurance Program for Schools 6/27/2025 ADMINISTRATOR: LICENSE# 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 901 Calle Amanecer, #200 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE San Clemente, CA 92673 AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: Sophia Canez Llamas License No.4373942 310-212-0363 sllcmas@keenan.com ENTITY A: Southern California ReLiEF COVERED PARTY: ENTITY B: Protected Insurance Program for Schools North Orange County R.O.P. Northern Orange County Liability& Property SIA ENTITYC: 385 N. Muller Street ENTITY D: Anaheim CA 92801 ENTITY E: THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. MEMBER ENT TYPE OF COVERAGE COVERAGE EFFECTIVE/ RETAINED LIMIT LIMITS LTR DOCUMENTS EXPIRATION DATE /DEDUCTIBLE A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [Vf GENERAL LIABILITY],CLAIMS MADE [ OCCURRENCE SCR 00104-39 7/1/2025 $ 25,000 $ 1,000,000 [ GOVERNMENT CODES 7/1/2026 [ ERRORS&OMISSIONS [ SEXUAL ABUSE AND MOLESTATION A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE [ ANY AUTO SCR00104-39 7/1/2025 $ 25,000 $ 1,000,000 [ HIRED AUTO 7/1/2026 [ NON-OWNED AUTO [ GARAGE LIABILITY [ AUTO PHYSICAL DAMAGE A PROPERTY SCR 00104-39 7/1/2025 $ 25,000 $ 500,250,000 [ ALL RISK 7/1/2026 EACH OCCURRENCE LL [ EXCLUDES EARTHQUAKE&FLOOD [ ]BUILDER'S RISK A STUDENT PROFESSIONAL LIABILITY SCR 00104-39 7/1/2025 $ 25,000 $ Included 7/1/2026 EACH OCCURRENCE B WORKERS COMPENSATION [ ]WC STATUTORY LIMITS OTHER [�J EMPLOYERS'LIABILITY PIPS0012822 7/1/2025 $ 7/1/2026 $ 1,000,000 E.L.EACH ACCIDENT EXCESS WORKERS COMPENSATION $ 1,000,000 [ ]EMPLOYERS'LIABILITY $ E.L.DISEASE-EACH EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMITS Digitally signed 101 y u ran OTHER guyen Nguyen APPROVED Date:2025.11.06 $ 08:38:57-08'00' $ By Tu Tran Nguyen at 8:38 am,Nov 06,2025 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL PROVISIONS: As respects to the Subaward Agreement for Workforce Training by and between the City of Santa Ana and North Orange County Regional Occupational Program identified by the assigned Unique Entity Identifier Number Y42HCM26UKN1. $2,000,000 annual aggregate,as required by contract. CERTIFICATE HOLDER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN P.O. Box 1988 (M-76) ACCORDANCE WITH THE POLICY PROVISIONS 20 Civic Center Plaza (M-30) Santa Ana CA 92702-1988 John Stephens AUTHORIZED REPRESENTATIVE www Ce sOniinex m 25990885 1 NORTHORAI 125/26 Super Pool P&L I Sophia Canez Llamas 6/27/2025 9:42:10 AM (PDT) I Page 1 of 3 ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR North Orange County R.O.P. SCR 00 104-3 9 Keenan&Associates Northern Orange County Liability&Proper SIA Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Covered Party- City of Santa Ana P.O.Box 1988(M-76) 20 Civic Center Plaza(M-30) Santa Ana CA 92702-1988 As Res en cts. As respects to the Subaward Agreement for Workforce Training by and between the City of Santa Ana and North Orange County Regional Occupational Program identified by the assigned Unique Entity Identifier Number Y42HCM26UKN I. $2,000,000 annual aggregate,as required by contract. The City of Santa Ana,its officers,officials,employees,and volunteers are are named as Additional Covered Parties,but only as respects to operations under the Agreement are concerned. This coverage shall be primary to the certificate holder's coverage,but only as respects to liability arising directly from the actions and activities of the Covered party.The insurance of the Additional Covered Party shall not be called upon to contribute to a loss covered by the Covered Party's coverage. Authorized Representative Issue Date: 6/27/2025 85990885 1 NORTHORAI 1 25/26 Super Pool P&L I Sophia Canez Llamas 1 6/27/2025 9:42:10 AM (PDT) I Page 3 of 3 CITY OF sANTA AAIA Risk Management a division of Human Resources Managing Risk through Awareness and Action ' AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I Michelle D. Owen, E d.D. ("Representative"),attest that I am an authorized (Name and Title of Vendor Representative) representative of North Orange County ROP ("Company"),and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company,I represent and confirm the following,as relates to the agreement between Company and City of Santa Ana,agreement number A-2023-0F9-31 ("Agreement")to provide career technical training ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors & omissions liability insurance coverage in the performance of Services to,for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all ofthe statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. J,_4 11 -5-2025 S' are Date Michelle D. Owen, Ed.D. Print Name Assistant Superintendent, Administrative Services Title mowen @�nocrop.us Contact information,i.e.,Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024 NORTH Roo ORANGE COUNTY Preparing students for college and careers since 1971 June 17, 2025 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: North Orange County ROP has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, North Orange County ROP attests to the following: 1. North Orange County ROP will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2. North Orange County ROP will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. 3. North Orange County ROP consultants/independent contractors/employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By Signing below, I, Mr. Dana Lynch attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that North Orange County ROP is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurance coverage of$1 million per occurrence, the contract will be considered null and void and the company will be held fully liable for any and all damages. Mr. Dana Lynch Superintendent North Orange County ROP 385 N Muller St. Anaheim, CA 92801 (714) 502-5800 dlynch@nocrop.us Fully gcrredlted by 385 N.Mutter Street,Anaheim, California 92801-5445 -714-502.5800 North©range County Regional Occupational Program equips and empowers tomorrow's innovative, civic-minded professionals through career technical education. NOCROP serves students in the Anaheim Union High School District, Fullerton Union High School District, Brea Olinda Unified School District, Los Alamitos Unified School District, and the Placentia-Yorba Linda Unified School District.