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

2

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

3

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

4

OVERVIEW

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

6

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

7

OVERVIEWSupporting Materials

9

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

10

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)

11

OVERVIEWKey Changes

QUESTION & ANSWER

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

14

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

15

Regulations Module IDefinitions § 29.2

16

Definition Revisions

Apprenticeship Agreement

Apprenticeship Committee

Certification Registration Agency

Related Instruction State

Apprenticeship Agency

State Apprenticeship Council

Regulations Module IDefinitions § 29.2

17

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

18

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)

19

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

20

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

21

Regulations Module I§ 29.3 – Time Frames for Responses for Proposals & Modifications

QUESTION & ANSWER

REGULATIONS MODULE II: Apprenticable Occupations (§ 29.4) Standards of Apprenticeship (§ 29.5)

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

24

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)

25

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

26

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

27

Probationary Period cannot exceed:− 25% of program length

or

− One year

NPRM commenter concerns about undefined length

− Potential to impact completion rate

28

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

29

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

30

Regulations Module II§ 29.5 – Interim Credentials

QUESTION & ANSWER

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

33

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

34

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

35

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

36

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

37

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

38

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)

39

Regulations Module IIIDeregistration of a Registered Program § 29.8

QUESTION & ANSWER

REGULATIONS MODULE IV: Administrative Components(§ 29.9 - § 29.14)

Administrative Changes− Reinstatement of program registration § 29.9

− Hearings for deregistration § 29.10

− Limitations § 29.11

− Complaints § 29.12

− Derecognition § 29.14

42

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

43

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

44

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

45

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

46

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

47

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

48

Regulations Module IV§ 29.13 – Linkages & SAA Location

QUESTION & ANSWER

CONCLUSION / NEXT STEPS

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

51

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

52

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

53

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

54

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

55

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/

56

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: Regs.Apprenticeship@dol.gov − Questions and inquires will help develop resources

and training− Sponsors, SAAs, and other stakeholders are

encouraged to submit questions

57

CONCLUSION / NEXT STEPSComprehensive Engagement Strategy

THANK YOU!

Regs.Apprenticeship@dol.gov

58