§ 690.93 Components determined by Governors.
(a) Prior to the Secretary's evaluation of whether a program is an eligible workforce program, the Governor, after consultation with the State board, approves the program to be offered to students in that State by determining that the program—
(1) Provides an education aligned with the requirements of high-skill, high-wage (as identified by the State pursuant to section 122 of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342)), or in-demand industry sectors or occupations;
(2) Meets the hiring requirements of potential employers in the sectors or occupations described in paragraph (a)(1) of this section;
(3) Either—
(i) Leads to a recognized postsecondary credential that is stackable and portable across more than one employer; or
(ii) With respect to students enrolled in the program—
(A) Prepares such students for employment in an occupation for which there is only one recognized postsecondary credential; and
(B) Provides such students with such a credential upon completion of the program; and
(4) Prepares students to pursue one or more certificate or degree programs at one or more eligible institutions (which may include the eligible institution providing the program), including by ensuring—
(i) That a student, upon completion of the program and enrollment in such a related certificate or degree program, will receive academic credit for the program that will be accepted toward meeting such certificate or degree program requirements; and
(ii) The academic credit described in paragraph (i) will be acceptable toward meeting such certificate or degree program requirements.
(b) The Governor shall establish, after consultation with the State board, a process for an institution to request a determination that a program meets the requirements in paragraph (a) of this section that is made publicly available and includes—
(1) The criteria the Governor will use to determine if a program meets each of the requirements described under paragraph (a), which shall include—
(i) The State's methodology to determine and periodically review which occupations and industry sectors are high-skill, high-wage (as identified by the State pursuant to section 122 of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342)), or in-demand, including the competencies needed in such industries and occupations, as identified by the State pursuant to section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112), and where the list of such occupations and sectors will be made publicly available. Such review shall be done not less than every two years concurrent with development and modification of the State Plan under Section 102(c) of the Workforce Innovation and Opportunity Act;
(ii) A written policy for determining whether a program meets the hiring requirements of employers in the high-skill, high-wage, or in-demand sectors and occupations that the program prepares students for employment in, that—
(A) Considers whether the expected competencies for which the recognized postsecondary credential intends, align with the competencies needed in such high-skill, high-wage, or in-demand sectors and occupations; and
(B) Incorporates direct input from employers, which may be secured from the State board and local workforce development boards, industry or sector partnerships, sponsors of Registered Apprenticeship programs, joint labor-management partnerships, or through other methodologies established by the State;
(iii) A written policy for determining if a credential is stackable and portable that establishes documented connections to additional credentials, considers, if available, data showing whether students have obtained additional credentials through career pathways, real-time labor market information, and includes a process for employer validation; and
(iv) A written policy for institutions to establish that an eligible workforce program will ensure the award of academic credit towards a certificate or degree program upon a student's successful completion of the eligible workforce program and enrollment in such certificate or degree program, and that such credit will be accepted at one or more eligible institutions through written agreements, including established articulation agreements, transfer-of-credit agreements, consortium or partnership agreements, or similar arrangements;
(2) The information an institution must submit to the Governor to assess an eligible workforce program on the criteria established under paragraph (1), including the job placement standards under § 690.94(a)(2)(ii), and, if applicable, alternative completion and placement standards under § 690.94(a)(2)(i), which shall include the information necessary for the Governor to make the appropriate job placement calculations using administrative data, such as wage records;
(3) The process and timeline for the Governor's consultation with the State board and a determination that a program meets the requirements in paragraph (a), and the process for an institution to appeal that determination and that such process shall include clear, transparent and timely procedures that are applied consistently and equitably at all eligible institutions; and
(4) An attestation that the State board has been consulted.
(c) The Governor shall not approve a program until it meets all the requirements of paragraph (a) of this section, as determined through the process established under paragraph (b) of this section.
(d) The Secretary documents the Governor's approval and determination that a program meets the requirements in paragraph (a) of this section by accepting a certification by the Governor that includes the following—
(1) The name of the program;
(2) The 6-digit Classification of Instructional Programs (CIP) Code of the program;
(3) The Standard Occupational Classification (SOC) codes(s) for which the program prepares individuals for employment;
(4) A signed statement that the program was approved by the Governor and that the program currently meets, and has met for the 12 months immediately preceding the certification, the requirements described in paragraph (a);
(5) The date the eligible workforce program was approved;
(6) If applicable, a certification that the State determined that the program meets alternative completion and placement standards under § 690.94(a)(2)(i);
(7) An agreement that, upon request of the Secretary of Education or Secretary of Labor, the Governor will make available to the Secretary of Education and Secretary of Labor documentation of its process established under paragraph (b) for making the determination in paragraph (a) of this section;
(8) An agreement that the Governor will inform the Department of Education and Department of Labor and the institution within 15 calendar days of its final decision to withdraw approval of the eligible workforce program;
(9) A certification that the Governor takes into consideration the cost of the program and the anticipated wages of the industry or occupation prior to the initial determination of the program's value-adding earnings is made under § 690.95; and
(10) Such other information as the Secretary of Education or Secretary of Labor may require.
(e) The Governor's approval, under paragraph (a) of this section, expires at the expiration of the institution's program participation agreement under 34 CFR 668.13.
(f) Prior to the expiration of an institution's program participation agreement, the Governor must provide, through a process determined by the Secretary, a certification of continued approval of each eligible workforce program offered by the institution.
(g) A program that serves as a related instruction component of a Registered Apprenticeship Program meets the requirements of paragraph (a)(1) and (a)(2) of this section.
(h) The Governors of two States may enter into a bilateral agreement, that is published publicly, regarding the enrollment of students located in one of those States into some or all of the programs located in the other State, so long as—
(1) The Governor in the State in which the student is located, in consultation with the State board, includes the occupation(s) or sector(s) on the list developed under the process set forth in § 690.93(b)(1)(i);
(2) The Governor of the State in which the institution(s) offering such program(s) is located has determined, in consultation with the State board, that the program meets the conditions under § 690.93(a); and
(3) The bilateral agreement includes provisions for data-sharing among the States for purposes of completion and placement rate calculations.