NATIONAL APPRENTICESHIP ACT REVISED REGULATIONS TITLE 29, C.F.R. PART 29 Notice: This training...
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Transcript of NATIONAL APPRENTICESHIP ACT REVISED REGULATIONS TITLE 29, C.F.R. PART 29 Notice: This training...
NATIONAL APPRENTICESHIP ACTREVISED REGULATIONS
TITLE 29, C.F.R. PART 29
Notice: This training document does not supersede and shall not be construed to contradict any laws, regulations, published instructions, or other guidance in any form from the U.S. Department of Labor.
PRESENTERS Dana Daugherty, Deputy Administrator,
Office of Apprenticeship, DOL Karin Brown, Executive Assistant,
Office of Apprenticeship, DOL
MODERATOR Franchella Kendall, Chief, Division of National
Standards and Industry Promotion, Office of Apprenticeship, DOL
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1. Explain stakeholder involvement in the process to revise the regulations
2. Describe major changes to regulations
3. Refer to the preamble of Title 29 Part 29 for guidance and in discussions with stakeholders
4. Use and refer to the Regulations At A Glance and other materials prepared by ETA
5. Explain and discuss next steps
PRESENTATION OBJECTIVES
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Overview Regulations Module I: Preamble & § 29.1
– § 29.3 Regulations Module II: § 29.4 & § 29.5 Regulations Module III: § 29.6 – § 29.8 Regulations Module IV: § 29.9 – § 29.14 Conclusion & Next Steps
AGENDA
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Advance the National Apprenticeship System by providing new options and increased flexibility
Promote Apprenticeship as a critical talent development strategy for today’s regional economies
Strengthen the National Apprenticeship System by providing consistency and continuity across the system
Establish a consistent framework to promote improved performance outcomes and quality
OVERVIEWGoals of Revised Regulations
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OVERVIEWOpportunity for Registered Apprenticeship
Promotes and advances Registered Apprenticeship− Critical talent development strategy
Align National Apprenticeship System with needs of today’s workers
Meet needs of a broad range of employers through flexibility− Competency and hybrid apprenticeship models
Provides consistency and accountability across the system to enhance program quality and performance
Expand linkages and partnerships with workforce investment and education systems
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OVERVIEWSupporting Materials
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Federal Register Notice – Preamble to 29 CFR Part 29
Side-by-Side-by-Side− Shows the 1977 regulations, the proposed
regulations (the NPRM), and the final revised regulations
Regulations At A Glance for 10 topics
Preamble § 29.1 Purpose and scope § 29.2 Definitions § 29.3 Eligibility and procedure
for registration of an apprenticeship program
§ 29.4 Criteria for apprenticeable occupations
§ 29.5 Standards of apprenticeship
§ 29.6 Program performance standards
§ 29.7 Apprenticeship agreement
§ 29.8 Deregistration of a registered program
§ 29.9 Reinstatement of program registration
§ 29.10 Hearings for deregistration
§ 29.11 Limitations § 29.12 Complaints § 29.13 Recognition of State
Apprenticeship Agencies § 29.14 Derecognition of State
Apprenticeship Agencies
OVERVIEWRegulation Sections
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Provisional registration (§ 29.3) Three approaches to completion of apprenticeship
(§ 29.5) Related instruction (§ 29.5) Interim credentials (§ 29.5) Program performance standards, including addition
of completion rates (§ 29.6) Reciprocal approval (§ 29.13) Recognition of SAAs (§ 29.13)
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OVERVIEWKey Changes
REGULATIONS MODULE I: Preamble, Purposes and Scope (§ 29.1), Definitions (§ 29.2) & Eligibility Procedures (§ 29.3)
Contained in the first 24 pages (64402 - 64425) of the final rule published in the Federal Register Notice (73 FR 64402, Oct. 29, 2008)
If there is a dispute about what the regulation means, the preamble is the first source for the intent of the regulation when drafted
Regulations Module IPreamble
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Defines purpose and scope of the regulation Key change: promoting apprenticeship opportunity
“The purpose of this part is to set forth labor standards to safeguard the welfare of apprentices, promote apprenticeship opportunity and to extend the application of such standards by prescribing policies and procedures concerning the registration, for certain Federal purposes, of acceptable apprenticeship programs with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship.”
Regulations Module IPurpose & Scope § 29.1
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Regulations Module IDefinitions § 29.2
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Definition Revisions
Apprenticeship Agreement
Apprenticeship Committee
Certification Registration Agency
Related Instruction State
Apprenticeship Agency
State Apprenticeship Council
Regulations Module IDefinitions § 29.2
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New Definitions
Competency Completion Rate Electronic Media Interim Credential Journeyworker Provisional
Registration
Quality Assurance Assessment
Transfer Technical Assistance Office of
Apprenticeship State Office
§ 29.3 addresses process for determining program eligibility− Includes oversight process for registered programs
Final Rule carries forward major provisions of original regulation
Important changes:− Provisional registration
− Program reviews
− Time frames
Regulations Module IEligibility and Procedure for Registration of an Apprenticeship Program § 29.3 - Overview
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Intent is to enhance program quality/assist sponsors Provisional approval for 1 year Review for quality and conformity at end of 1st year 1st year review outcomes:
− Full recognition
− Continue provisional registration through the first training cycle
− Recommendation for derecognition (if not in operation or not conforming to the regulations)
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Regulations Module I§ 29.3 – Provisional Registration
Satisfactory review ends provisional approval Subsequent reviews no less than every 5 years SAA may review more frequently Satisfactory review in a timeframe shorter than the
typical five years may result in provisional registration being transformed to permanent registration
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Regulations Module I§ 29.3 – Program Reviews
90-day time frame for Registration Agencies to respond to sponsors’ proposals and modifications to standards− Change incorporates stakeholder feedback
− Alignment with quarterly SAC/SAA meetings 45-day time frame for sponsor to notify registration
agency regarding other changes
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Regulations Module I§ 29.3 – Time Frames for Responses for Proposals & Modifications
Contains provisions for determining if an occupation qualifies as apprenticable
Carries forward major provisions of the original regulation, with some key changes− Replaces “on-the-job training” and “work experience” with
“on-the-job-learning”
− Deletes term “skilled trade” when describing an apprenticeable occupation
− Specifies that the occupation must involve the progressive attainment of manual, mechanical or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain
Regulations Module IICriteria for Apprenticable Occupations § 29.4
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Section regulates standards for apprenticeship programs
Five major components:− Terms of apprenticeship § 29.5(b)(2)
− Provision for related instruction § 29.5(b)(4)
− Probationary period § 29.5(b)(8)
− Transfer § 29.5(b)(13)
− Interim credentials § 29.5(b)(16)
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Regulations Module IIStandards of Apprenticeship § 29.5 - Overview
Three Approaches for Completion of Apprenticeship
Time-based
Competency-based − On-the-Job-Learning (OJL)− Competencies− Testing and Evaluation
Hybrid Choice made by program sponsor, subject to Registration
Agency approval
Regulations Module II§ 29.5 – Terms of Apprenticeship
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Journeyworkers – subject matter experts, exempt from state Department of Education requirements
Instructors – training in teaching techniques and adult learning styles
Electronic media – use in related instruction permitted
− Broad definition permits flexibility
− Appropriateness/use in related instruction determined by program sponsor
Regulations Module II§ 29.5 – Related Instruction
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Probationary Period cannot exceed:− 25% of program length
or
− One year
NPRM commenter concerns about undefined length
− Potential to impact completion rate
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Regulations Module II§ 29.5 – Probationary Period
Transfer must:− Be based on an agreement between the apprentice and the
affected apprenticeship committees or program sponsors− Provide a transcript of related instruction and OJL− Be to same occupation
ETA will work with SAAs and program sponsors to develop policy guidance
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Regulations Module II§ 29.5 – Transfer
Definition Criteria for developing interim credentials:
− Must clearly identify the interim credential− Demonstrate how credentials link to components of the
apprenticeable occupation− Establish process for assessing an apprentice’s
demonstration of competency− Only issued for recognized components of an apprenticeable
occupation− Must link specifically to the knowledge, skills and abilities
associated with the apprenticeable occupation
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Regulations Module II§ 29.5 – Interim Credentials
REGULATIONS MODULE III: Program Performance Standards (§ 29.6)Apprenticeship Agreement (§ 29.7) Deregistration of a Registered Program (§ 29.8)
New section – provisions for program performance standards
Focus on program quality and performance Components:
− One registered apprentice− Evaluation of program performance− Definition and use of completion rates
Regulations Module IIIProgram Performance Standards § 29.6
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Every program must have at least one registered apprentice
Identifies exception periods based on stakeholder input: − Between program registration and date of first apprentice− Between apprentice graduation and date of registering next
apprentice− Exceptions may not exceed 1 year
Regulations Module III§ 29.6 – At Least One Registered Apprentice
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Tools and factors for evaluation− Quality Assurance Assessment Review− Completion Rates− Equal Employment Opportunity Compliance Review
Additional tools and factors must adhere to DOL goals and policies
Regulations Module III§ 29.6 – Evaluate Program Performance
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Defined in § 29.2 Based on national average of completion rates Help Registration Agencies identify programs to provide
technical assistance
Regulations Module III§ 29.6 – Completion Rates
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During probationary period:− Apprentice and sponsor are exploring agreement
− Apprentice or sponsor can cancel without cause
− Cancellations have no adverse impact on completion rate Framework guards against cancellations during
probationary period impacting program completion rates
Regulations Module III§ 29.6 – Apprentice Agreement Cancellations
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Section addresses requirements for apprenticeship agreements
Final Rule:− Carries forward existing provisions
− Allows inclusion of apprentice Social Security Number
• Strictly voluntary basis
− Adds provision to include statements about on-the-job learning component for programs using competency-based or hybrid approach
Regulations Module IIIApprenticeship Agreement § 29.7
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Section addresses factors and process leading to deregistration
Final Rule carries over most language from original rule Additional language gives examples of factors that can
contribute to deregistration:o Failure to provide on-the-job-learningo Failure to provide related instructiono Failure to pay apprentice appropriate wageso Persistent and significant failure to perform successfully under new
standards in § 29.6 (at least one apprentice, quality assurance assessments, completion rates)
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Regulations Module IIIDeregistration of a Registered Program § 29.8
Administrative Changes− Reinstatement of program registration § 29.9
− Hearings for deregistration § 29.10
− Limitations § 29.11
− Complaints § 29.12
− Derecognition § 29.14
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Regulations Module IVAdministrative Components
Recognition of SAAs Carries forward requirement to establish State
Apprenticeship Councils (SACs) Reciprocal approval Proposed state modifications in legislation,
regulations, policies and/or operational procedures
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Regulations Module IVRecognition of SAAs § 29.13 – Overview I
5-year recognition period Review/monitoring of SAAs Linkage with state economic development
strategies and publicly funded workforce system SAAs have up to a two-year transition to apply for
continued recognition
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Regulations Module IVRecognition of SAAs § 29.13 – Overview II
Removes the exemption for building and construction industry for Federal purposes− Federal purposes includes any/all Federal
agreements, arrangements or assistance (financial or otherwise) relating to apprenticeship
Programs seeking reciprocity with a host state must meet:− Wage and hour provisions
− Apprentice ratio standards
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Regulations Module IV§ 29.13 – Reciprocal Approval
SAAs to submit all proposed modifications relating to apprenticeship − Legislation
− Regulations
− Policies
− Operational procedures
Office of Apprenticeship reviews for concurrence
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Regulations Module IV§ 29.13 – Proposed Modifications
Provides SAAs for a two-year transition to make necessary changes
Establishes 5-year period for SAA recognition− Provides process for renewal and maintenance of
recognition New provision for DOL review and monitoring of
Registration Agencies− Codifies existing procedures for determining
compliance
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Regulations Module IV§ 29.13 – Recognition Period & Monitoring
SAA to demonstrate linkages with:− State economic development strategies
− Publicly-funded workforce investment system Aligns with efforts to expand apprenticeship into
high-growth, high-demand occupations SAA location provision not carried forward
− Flexibility for states
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Regulations Module IV§ 29.13 – Linkages & SAA Location
Provisional registration (§ 29.3) Three approaches to completion of an
apprenticeship program (§ 29.5) Electronic media (§ 29.5) Interim credentials (§ 29.5) Program performance standards, including addition
of completion rates (§ 29.6) Recognition of SAAs (§ 29.13) Reciprocal approval (§ 29.13)
CONCLUSION / NEXT STEPSKey Changes
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Performance standards Electronic media and related instruction Competency-based apprenticeship Interim credentials Provisional registration Transfer of apprentices Submission of materials for recognition/continued
recognition− SAAs
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CONCLUSION / NEXT STEPSPolicy Guidance
Step 1: Prioritizing and framing the issues − Occurs November 2008 – March 2009
− Includes webinars, consultations, and informational briefings
Step 2: Information collection, clarification & early engagement− Occurs December 2008 – March 2009
− Includes Action Clinics, ACA meeting, Q&A response, staff training, and issue webinars
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CONCLUSION / NEXT STEPSPolicy Guidance Development Timeline I
Step 3: Develop and draft policy guidance− Occurs in 2009
− Working groups address policy development
Step 4: Implementation and issuance of policy guidance − Phased in
− Time frame is TBD
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CONCLUSION / NEXT STEPSPolicy Guidance Development Timeline II
Develop guidance for operations and procedural aspects− Provisional registration
Enhance RAPIDS to accommodate new provisions, especially:− Provisional registration
− Programs with competency-based and hybrid approaches
− Interim credentials
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CONCLUSION / NEXT STEPSGuidance for Operations & Procedures
Engage all stakeholders moving forward Series of webinars on specific areas
− Competency-based programs− Interim credentials
Opt-in electronic newsletter “Earn. Learn. Succeed.”− To register visit: http://devdti.haverstick.biz
/apprenticeship/
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CONCLUSION / NEXT STEPSComprehensive Engagement Strategy
Updated information on OA Web site: http://www.doleta.gov/oa/regulations.cfm− Questions and Answers− Regulations At A Glance for 10 topics− Brochures
Central e-mail for questions and inquiries: [email protected] − Questions and inquires will help develop resources
and training− Sponsors, SAAs, and other stakeholders are
encouraged to submit questions
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CONCLUSION / NEXT STEPSComprehensive Engagement Strategy