PURPOSE: This rule establishes the criteria and procedures for the determination of eligible training providers under the Workforce Investment Act of 1998, any revisions or amendments to this Act, or replacement legislation.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) All references to the State Board of Education (the board) in this rule may be construed to include the program sections within the Department of Elementary and Secondary Education (DESE) assigned responsibility for administration of the programs involved. The provisions of this section apply to the application and certification of eligible training providers. SECONDARY EDUCATION

   1. (A) All interested providers of training must apply and be determined eligible to receive Workforce Investment Act (WIA) funds. State approved procedures, entitled Training Provider Certification, which is incorporated by reference and made a part of this rule, will be followed in the determination of eligible training providers. Programs of training offered by eligible training providers must annually meet performance levels in order to remain on the state list. All approved training providers will be included on a state list. A copy of the Training Provider Certification document is available from the Employment Training Section, Division of Vocational and Adult Education, DESE, PO Box 480, Jefferson City, MO 65102.
   2. (B) Training providers will be required to annually provide performance information and program cost information as specified in the Training Provider Certification document.
   3. (C) DESE will annually review performance levels for programs approved under the state procedures. Programs that do not achieve these performance levels may lose their eligibility and be removed from the state list. Training providers can appeal a denial or termination of eligibility pursuant to the rules promulgated by the board and Training Provider Certification document.
   4. (D) Public not-for-profit and/or for-profit institutions shall operate in compliance with the WIA; applicable federal and state laws and regulations; Division of Workforce Development issuances; and local ordinances.
   5. (E) The institution shall permit on-site inspections by authorized representatives of DESE; Missouri Division of Workforce Development; local workforce investment boards; Missouri Department of Higher Education; the United States Department of Labor; and/or any other state, federal or local agency as legally authorized to monitor activities for which funds have been provided.
   6. (F) Good housekeeping must be maintained throughout the institution at all times.
   7. (G) There shall be sufficient, qualified and capable personnel connected with the institution to ensure good administration, supervision and instruction.

   8. (H) The charges for tuition, fees and/or other charges for the course or program of education shall be reasonable, based on the services to be rendered, the books, supplies, equipment to be furnished and/or the operating costs of the institutions.

      1. 1. The institution shall establish and

maintain a policy for the refund of the unused portion of tuition, fees and other charges in the event an eligible person fails to enter the course, withdraws or is discontinued at any time prior to completion.

1. (I) Appeal procedures for the denial or termination of eligibility.

   1. 1. Training providers shall have the right

to appeal a denial of eligibility or termination of eligibility, pursuant to the rules promulgated by the board and the Training Provider Certification document.

1. A. An appeal must be submitted in

writing to DESE within forty-five (45) days of the complainant being notified of a denial or termination of eligibility.

1. B. An Appeal Review Board will

review the appeal and provide a written decision to the complainant within thirty (30) days after receipt of the appeal.

1. C. If the Appeal Review Board’s deci-

sion does not resolve the appeal, the complainant has fifteen (15) days to submit a written request for a hearing to DESE. A hearing will be conducted within thirty (30) days of receipt of the written request by representatives from the complainant, the Appeal Review Board and the local Workforce Investment region in which the complainant operates. A written decision shall be issued within fifteen (15) days following the hearing.

1. D. If this decision does not resolve

the appeal, the complainant has fifteen (15) days to submit a written request to DESE requesting a review by the Local Workforce Investment Board (LWIB). The LWIB or its designee shall review the appeal and issue a final decision within thirty (30) days from receipt of the request. The LWIB or its designee’s decision is final.

1. (2) The provisions of this section apply to the administration of individual training account

2. (ITA) referrals under the WIA and other funding sources contracting with the board for individual referrals.

   1. (A) For the purpose of administering this rule, an ITA referral is a student referred by a state or local entity under contract with DESE for skill training or training-related service for which the board has contracted to reimburse a public, not-for-profit or for-profit institution.
   2. (B) The board shall enter into written agreements with public, not-for-profit and/or for-profit institutions for the purpose of administering ITAs and developing and providing procedures that assist in administering the program.
   3. (C) Public not-for-profit and/or for-profit institutions shall operate in compliance with the WIA; applicable federal and state laws and regulations; Division of Workforce Development issuances; and local ordinances.

   4. (D) An institution’s tuition rate for a course(s) will be the basis for calculating reimbursement payments for an ITA.

      1. 1. Tuition payments shall be made on

the basis of the school’s instructional periods (that is, quarters, terms or semesters). Institutions shall submit reimbursement requests for tuition payments of ITAs for each instructional period. However, the following exceptions shall apply:

1. A. Any instructional period that is at

least twenty (20) weeks but no more than thirty-nine (39) weeks, will be treated as having a minimum of two (2) equal instructional periods;

1. B. Any instructional period that is at

least forty (40) weeks but no more than fiftynine (59) weeks, will be treated as three (3) equal instructional periods;

1. C. Courses with instructional periods

that are at least sixty (60) weeks or more will be divided into additional segments of twenty (20) weeks; and/or

1. D. Institutions offering approved pro-

grams in licensed practical nursing, surgical technology, respiratory therapy, dental technology, emergency medical technician-paramedic; radiology and/or massage therapy may only request a one (1)-time reimbursement for an ITA.

1. 2. Costs for equipment, fees and sup-

plies are to be reimbursed separately as those costs are incurred. Registration fees are limited to a maximum of one hundred dollars ($100) per student.

1. 3. In case of a student termination, the

refund policy of the institution shall apply to funds received from the board.

AUTHORITY: sections 161.092, RSMo Supp. 2002 and 178.430, 178.440, 178.450, 178.460 and 178.530, RSMo 2000.* This rule previously filed as 5 CSR 60-480.100. Original rule filed July 7, 2000, effective Feb. 28, 2001. Rescinded and readopted: Filed Sept. 24, 2002, effective April 30, 2003. Moved to 5 CSR 20-500.340, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002; 178.430, RSMo 1963; 178.440, RSMo 1963; 178.450, RSMo 1963, amended 1991; 178.460, RSMo 1963; 178.530, RSMo 1963, amended 1977, 1991, 1995.