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 WIA Eligible Training Provider System  
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Texas' Eligible Training Provider System
Provider Assurance Statement
 
All providers seeking certification under the Workforce Investment Act (WIA or the Act) must submit a signed Provider Assurance Statement (PAS) form to the Texas Workforce Commission (Agency) in a format and on a schedule established by the Agency. The Agency reserves the right to modify the PAS form at any time.

By having a signed PAS form on file with the Agency, the provider's assurances shall apply to any and all applications for initial or subsequent eligibility determination that are submitted to any and all Local Workforce Development Boards (Boards). This does not preclude a given Board from requiring additional assurances as part of their local application requirements.

Submission of applications to any and all Boards will be through use of the automated Eligible Training Provider System.

When completing the Administrative section, providers must enter selected User ID and Password which will be activated after Agency approval of the PAS. The Administrative Contact will be prompted to change the Password at the first logon. Providers will be required to renew their PAS every three (3) years.

After completing and submitting the online form, a printed copy must be signed and forwarded to:

WIA ETPS Unit
Texas Workforce Commission
101 E. 15th Street, Room 226T  
Austin, TX 78778-0001

Under Texas state rule, usage may be subject to security testing and monitoring, applicable privacy provisions, and criminal prosecution for misuse or unauthorized use. 

Individuals may receive and review information that TWC collects about the individual by e-mailing to open.records@twc.state.tx.us or writing to TWC Open Records, 101 E. 15th Street, Room 266, Austin, TX 78778-0001.

 
Red Asterisk indicates required information
Revision Date: October 22, 2007
Provider Information
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Assurances
The applicant acknowledges that certification as an eligible training provider is subject to, and requires compliance with, the provisions of Workforce Investment Act §122 relating to eligibility requirements.

WIA Requirements Related to Debarment and Suspension, Drug-Free Workplace and Lobbying: WIA regulations at 20 CFR §667.200 provide that all WIA title I grant recipients and subrecipients comply with government-wide debarment and suspension requirements, government-wide drug-free workplace requirements, restrictions on lobbying, and the nondiscrimination provisions of WIA section 188 and 29 CFR Part 37.

  1. Debarment and Suspension: A certification regarding debarment and suspension requirements is required by the Federal Regulations implementing Executive Order 12549, Government-wide Debarments and Suspension, for the Department of Agriculture (7 CFR Part 3017), the Department of Labor (29 CFR Part 98), the Department of Education (34 CFR Part 85), and the Department of Health and Human Services (45 CFR Part 76). By submitting this assurance statement, the applicant is certifying that it is in compliance with the assurance set out in the regulations cited above.

  2. Drug-Free Workplace: A certification regarding drug-free workplace is required by Federal Regulations implementing the Drug-Free Workplace Act of 1988 for the Department of Agriculture (7 CFR Part 3017), the Department of Labor (29 CFR Part 98), the Department of Education (34 CFR Part 85), and the Department of Health and Human Services (45 CFR Part 76). By submitting this assurance statement, the applicant is certifying that it is in compliance with the regulations cited above.


  3. Lobbying: A certification regarding lobbying is required by Federal Regulations adopted by the Department of Agriculture (7 CFR Part 3018), the Department of Labor (29 CFR Part 93), the Department of Education (34 CFR Part 82), and the Department of Health and Human Services (45 CFR Part 93). By submitting this assurance statement, the applicant is certifying that it is in compliance with the assurance set out in the regulations cited above.
Nondiscrimination: As provided in 29 CFR 37.20, as a condition of payment of funds under title I of WIA, the applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:

  1. Section 188 of WIA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA title I-financially assisted program or activity;


  2. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;


  3. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities;


  4. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and


  5. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.
The applicant also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the applicant's operation of the WIA title I-financially assisted program or activity, and to all agreements the applicant makes to carry out the WIA title I-financially assisted program or activity. The applicant understands that the United States, the State of Texas, and a Local Workforce Development Board has the right to seek judicial enforcement of this assurance.

The assurance is considered incorporated by operation of law in any grant, cooperative agreement, contract, or other arrangement whereby funds under title I of the WIA are made available, whether or not it is physically incorporated in such document and whether or not there is a written agreement between the Texas Workforce Commission and the recipient of those funds. The assurance also may be incorporated by reference in such grants, cooperative agreements, contracts, or other arrangements.

20 CFR §667.266 (a): WIA title I funds may not be spent on the employment or training of participants in sectarian activities.

Further, the undersigned applicant certifies that it shall comply with the requirements of the U.S. Department of Health and Human Services set forth in 45 CFR Chapters 80 and 84.

Education Standards and Procedures: The undersigned applicant certifies that it shall comply with the provision outlined in WIA Sec. 195 (9)(B): Except as otherwise provided in this title [WIA title I], the following conditions are applicable to all programs under this title: ....Standards and procedures with respect to awarding academic credit and certifying educational attainment in programs conducted under such chapter shall be consistent with the requirements of applicable State and local law, including regulation.

Compliance with State Law: The undersigned applicant certifies that it shall comply with applicable State law, including legislation related to the licensure or regulation of providers of education and training services, including but not limited to Texas Education Code Chapter 132, related to Career Schools and Colleges.

Reporting Requirements: The undersigned applicant certifies that it shall comply with the provisions of WIA Sec. 122, the Texas Workforce Commission rules including 40 TAC Chapter 841, and the reporting and procedural requirements issued by the Texas Workforce Commission.

Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective recipient shall attach an explanation to this certification.

The undersigned authorized representative of the applicant herein certifies that the statements above pertaining to WIA Requirements Related to Debarment and Suspension, Drug-Free Workplace and Lobbying; Nondiscrimination; Education Standards and Procedures; Compliance with State Law; and Reporting Requirements are true and correct as of the date of submission.

By signing, the authorized representative acknowledges that this PAS form applies to any and all applications for initial eligibility determinations submitted to any and all Local Workforce Development Boards (Boards). This does not preclude a given Board from requiring additional assurances as part of their local application requirements.

In addition, the authorized representative acknowledges that the Boards are statutorily charged with the function of oversight responsibilities including ensuring continuous improvement of eligible programs of services through the system, and ensuring that such programs meet the needs of local employers and training participants. In this capacity, the Boards have oversight authority over the quality and integrity of training services by providers, and the provider's compliance with all assurances herein. Violations of any terms of this agreement may lead to further action.

Submission of this signed document authorizes the Agency to accept and use all information submitted to the Agency by the applicant through an electronic submission via the Agency's automated Eligible Training Provider System. Further, the authorized representative acknowledges that any information submitted via the automated system will be attributed to the applicant and the applicant will be responsible and liable for any action taken by the Agency, Board(s) or training participants in reliance on that information. Submission of Initial Information Updates to any and all Boards will be through use of the automated Eligible Training Provider System. Modification to a limited number of application items that require Board review and approval may be submitted through a separate, non-automated process

The authorized signatory for the provider shall designate the Administrative Contact. The designated Administrative Contact has authority to administer all users for this training provider account, including approving new users, removing users, setting access levels, and granting any and all account administration privileges. It is the provider’s responsibility to ensure an authorized administrator removes account access when a user separates from employment or is on extended leave.

The applicant must notify the Agency in writing if the authorized signatory changes.

 
 
Certified by: __________________________________________________
  Signature of Authorized Official

  __________________________________________________
  Typed/Printed Name of Signatory

Date: _________/____/_______________________ (mm/dd/yyyy)

I have read and accept this agreement.
 
 
 
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