Approval of Training Programs

Training must prepare the claimant for marketable skills in a demand occupation in the claimant's work search area, or any other work search area to which the claimant wishes to relocate or commute. Training providers, and in particular, the training they offer must meet the following measurable standards: (a) Have achieved or, if a new program, show reasonable expectation of achieving an average placement rate in full time or part time (20 hours per week or more) training related employment of 70% during the most recent 12-month period for which such data is available, except that if the state-wide total unemployment rate is greater than 7.0% at the time of application, the placement rate shall be no less than 60% during the most recent 12-month period for which such data is available. If the unemployment rate is greater than 8.0%, the Director shall determine a lower, appropriate placement rate. Other evidence that successful completion of the program is likely to lead to reemployment may also be provided and may be considered. Further, the Director may, in his or her sole discretion, approve a new program with no placement data if the program is needed to address an acute workforce need. These Director-approved programs shall be subject to same placement rate criteria no later than the earlier of when data of at least 12 consecutive calendar months are available for calculating the placement rate or 18 calendar months following the date of the program's initial graduation. (b) Be a full-time course, providing a minimum of at least 20 hours of supervised classroom training per week; provided, however, that: 1. if the program is offered by a community college, college, or university, this requirement shall be met if the program provides a minimum of 12 credits each semester or the equivalent; and provided further that: 2. if the program is offered as part practicum or internship and part classroom hours, the program will be approved only for the time needed to complete state or federal certification or licensing requirements, or the time deemed necessary by the Director to allow the claimant to become employable in the occupation for which the training has been provided; and provided further that: 3. if the program is an E.S.O.L. program that is less than 20 hours, and no program of 20 or more hours is available within a reasonable distance from the claimant's residence, the Director may waive the 20 hour limitation. (c) Be completed within two years of the date the claimant's application is approved or the date the claimant commences the approved training, whichever is later, or within three years if the program combines Basic Skills with vocational or industrial training unless a reasonable accommodation to an individual with disabilities requires an extended completion date. No E.S.O.L. program shall be denied approval solely because it is not combined with another program. (d) Apprenticeship programs approved by the Division of Apprenticeship Standards and the Director under 430 CMR 9.04, and certain on-the-job training programs approved by the Director, which may contain substantial periods of work rather than classroom training, may extend beyond two years, if enrollment and attendance in the program are interrupted by such work. (e) Be offered by a training institution which has paid all contributions, payments in lieu of contributions, and interest or penalty charges due under M.G.L. c. 151A. (f) Any training program approved under WIOA shall be deemed an approved training program under 430 CMR 9.00. (3) The Director may, within his or her discretion, waive the applicability of 430 CMR 9.04(2) for a training course or program sponsored by a pilot or demonstration project if he or she determines that: (a) The proposed course or program supports the goals of the M.G.L. c. 151A § 30(c) program as stated in 430 CMR 9.04(1); and (b) An application for waiver is submitted in writing which demonstrates to the Director's satisfaction that the proposed course or program supports the goals of the M.G.L. c. 151A § 30(c) program and meets the criteria of the pilot or demonstration project.