Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 800.
GENERAL ADMINISTRATION
Subchapter D. INCENTIVE AWARD RULES
40 TAC §§800.101, 800.102, 800.112 - 800.115, 800.118, 800.120
The Texas Workforce Commission (Commission) adopts §§800.101,
800.102, 800.112 - 800.115, 800.118, and 800.120, concerning the Workforce
Investment Act (WIA) Incentive Awards. New §800.120 and amendments to §§800.101,
800.102, 800.113, 800.114 and 800.118 are adopted with changes to the text
as published in the March 3, 2000, issue of the
Texas Register
(25 TexReg 1870). The amended §800.112 and §800.115
are adopted without changes and will not be republished.
The WIA principles are streamlining services, empowering individuals, universal
access, increased accountability, a strong role for Boards and the private
sector, and state and local flexibility. The four principles of Texas' vision
are limited and efficient state government, local control, personal responsibility,
and support for strong families.
The purpose of these rules is to establish local workforce development
board (Board) eligibility criteria for incentive awards reflective of WIA
principles and the principles of Texas' vision as outlined in the Texas Strategic
Five-Year State Workforce Investment Plan for Title I of the Workforce Investment
Act of 1998 and the Wagner-Peyser Act for the Period of July 1, 1999 -- June
30, 2004 -- Transition Plan (State Plan). Specifically, the changes to the
rules are for the following purposes: providing uniform uses of terms; updating
the rules to reflect the WIA law, which replaced JTPA; replacing the definition
for caseload reduction; adding definitions for exemplary performance, local
coordination, regional cooperation, and workforce area; amending the definition
of core outcome measures to include performance measures approved by the Legislative
Budget Board; and using the term "active TANF cases" in the definition of
caseload reduction to clarify that caseload reduction is evaluated based on
the number of families who received Temporary Assistance for Needy Families
(TANF) assistance during specific time periods. The definition for local coordination
emphasizes the importance of Boards coordinating workforce services provided
by the Commission but not funded through the Boards, as well as workforce
services funded by sources other than the Commission. The list of grants contained
in the proposed definition provides examples of such programs and is not intended
to be an exhaustive list of all possible programs. Section 800.113 is amended
to clarify that five is the maximum number of non-monetary awards available
each fiscal year.
As provided by WIA (29 U.S.C. §2801
et seq.
) and the federal regulations (specifically 20 C.F.R. 665.300
The Commission received public comments on the rules from one Board, the
West Central Workforce Development Board. The commenter supported the rules
and requested clarifications on some aspects of the rules. The Commission
has explained the non-substantive changes to the proposed text in its responses
to the comments that follow and incorporated additional non-substantive changes
for purposes of clarity.
Comment: The commenter stated that overall, the proposed rules offer an
exciting and new approach to incentives that should encourage workforce areas
to strive for high performance and continuous improvement. The commenter supported
the approach of recognizing a limited number of Boards with monetary and non-monetary
awards and appreciated the flexibility of the eligibility criteria.
Response: The Commission agrees with the commenter and believes that competition
among Boards and recognition of Boards that excel are effective methods of
improving workforce training and services in Texas.
Comment: Regarding §800.114(b), Monetary Incentive Awards, the commenter
stated that the last sentence indicates that "up to" five top performing Boards
will receive monetary incentives; however, §800.118 states that "The
monetary Incentive Award Pool will be awarded "to" the top five Boards . .
.". The commenter requested clarification on whether monetary awards will
be made to five Boards or up to five Boards.
Response: Both §§800.114 and 800.118 (adopted by the Commission
to be effective April 1, 1998) address monetary incentive awards funded with
incentive award pool monies, which are different from the WIA local incentive
awards available from WIA funds. The Commission proposed the amendments to §§800.114
and 800.118 to provide uniform use of terms and not to make substantive changes
to either rule. However, to clarify that the Commission intends that monetary
incentive awards be awarded to the five top performing Boards, §800.118
is modified to state that the criteria for awarding monetary incentives are
contained in § 800.114. The Commission will propose the repeal of §
800.118 in the future.
Comment: Regarding §800.118, Distribution of Incentive Awards, the
commenter stated that this section describes the process of distribution for
monetary awards, but does not provide a description of distribution for non-monetary
awards. The commenter recommended that a description of the non-monetary award
process be provided here or a statement be provided as to who, how and when
that process will be determined.
Response: The Commission proposed the amendments to §800.118 (adopted
by the Commission to be effective April 1, 1998) to provide uniform use of
terms, and not to make substantive changes to the rule. However, to clarify
the point raised by the commenter, the Commission refers the commenter to §800.113
(adopted effective April 1, 1998), which provides a description of the non-monetary
award eligibility determination and award distribution process. Since the
information requested is currently provided in §800.113, the Commission
does not see a need to repeat the information in §800.118. Changes to §800.113
are added to clarify the non-monetary award process.
Comment: Regarding §800.120(b)(2)(F), the commenter stated that the
language suggests that a Board's performance will be compared to other Boards.
In both (A) and (D) of this same section, the wording used is "relative to"
rather than "compared with." The commenter recommended for consistency that
the terminology "relative to" be used or that clarification be provided regarding
the terminology "compared with." The commenter also stated that the phrase
"compared with" seems to imply that a Board with better performance would
be viewed more favorably, despite local economic conditions, populations served,
etc.
Response: The Commission agrees with clarifying the language in the rule.
The proposed rule language will be modified to delete the phrase "compared
with" and insert the phrase "relative to" to clarify the Commission's intent
that it may consider a variety of factors in determining the amount of funds
awarded to an eligible Board, including an eligible Board's performance for
each contract measure relative to other Boards' performances as well as "changes
in economic condition, population characteristics, and service delivery system
in the workforce area" as stated in §800.120(b)(2)(E).
Comment: Regarding §800.120(b)(2)(G), the commenter requested clarification
on the language "those areas considered most critical" by providing information
on who will make this determination and what criteria may be used. The commenter
stated that the provision appears to allow significant flexibility, which
the commenter applauds, but could prove to be difficult to define and defend,
if challenged.
Response: Section 800.120(b)(2) sets forth that the Commission will determine
annually the total amount of funds to be allocated for WIA local incentive
awards, taking into consideration a variety of factors that are identified
by the Commission. The "areas" that the Commission considers most critical
in accomplishing overall system goals include performance related to the items
in §800.120(b)(1)(A)-(C). A Board must meet one or more of the three
exemplary performance indicators to be considered for a WIA local incentive
award. The Commission may further consider such factors as those set out in §800.120(b)(2)(A)-(J)
in determining the amount of funds awarded to a Board meeting one or more
of the exemplary performance indicators. The Commission agrees to clarify
the language in §800.120(b)(2)(G) to change "those areas" to "the elements,"
and to insert at the end of the proposed language the following: ", which
includes performance related to each of the items listed in §800.120(b)(1)(A)-(C)."
For further clarification, the phrase "for exemplary performance" and the
word "areas" are deleted in §800.120(b)(1).
The rules are adopted under Texas Labor Code §301.061 which
provides the Texas Workforce Commission with the authority to adopt, amend,
or repeal such rules as it deems necessary for the effective administration
of Texas Workforce Commission programs.
§800.101.Scope and Purpose.
(a)
The purpose of the incentive is to reward Local Workforce
Development Boards (Boards) that meet the stated goals of the Commission to
increase the local control of workforce development programs and to put Texans
to work. The Board is responsible for providing strategic planning for the
workforce area for all workforce development programs consolidated into the
Texas Workforce Commission (Commission). The development of an integrated
and coherent workforce development system at the local level is the primary
focus of Boards. Thus, this policy seeks to recognize Boards for achieving
high performance as a system, as well as high performance on behalf of the
populations annually targeted by the Commission during the budget process.
Incentives will emphasize accountability, high performance, continuous improvement
and support the State in achieving workforce development goals.
(b)
State variation of performance standards established by
the U. S. Department of Labor and/or state standards shall be published in
the
Texas Register
on an annual basis and
in a numbered Commission Letter.
§800.102.Definitions.
The following words and terms when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Caseload Reduction -- The caseload reduction measure is
calculated by first determining the annual monthly average number of active
Temporary Assistance for Needy Families (TANF) cases for each county in a
workforce area for each of two consecutive years. The annual monthly average
number of active TANF cases for each county within the workforce area are
averaged to determine the annual monthly average TANF caseload for each Board.
This procedure is then repeated for the second year. This results in an annual
monthly average number of active TANF cases for each Board for each year.
Finally, the percentage of change between the two annual monthly averages
is calculated by subtracting year two from year one, dividing the difference
by year one, and then multiplying the result by 100. This caseload reduction
method does not mirror that promulgated by the Administration for Children
and Families (ACF), U.S. Department of Health and Human Services, in calculating
the State's caseload reduction factor used to determine the State's federally
required participation rate.
(2)
Core Outcome Measures -- Workforce Development Program
performance measures adopted by the Governor and developed and recommended
through the Texas Council on Workforce and Economic Competitiveness (TCWEC),
or as otherwise approved by the Legislative Budget Board. TCWEC Core Outcome
Measures have been adjusted to allow for a follow-up period of six months
in lieu of the one-year period established by TCWEC.
(3)
Earnings Gains Measure -- The average earnings of
persons employed during the post-placement follow-up periods (six months)
compared to the average earnings of the same persons six months prior to program
entry.
(4)
Employment Measure -- The annual percentage of individuals
who entered unsubsidized employment subsequent to participation in job preparation
services, who remained employed (by the same or another employer) six months
after entering employment.
(5)
Exemplary Performance -- Achievement by a Board on
WIA performance measures in meeting one or more of the following criteria:
(A)
exceeding contract performance measures;
(B)
exceeding Commission-designated Full Service Texas Workforce
Center certification standards;
(C)
implementing an innovative and successful system integration
as identified in a One-Stop Innovation Plan; or
(D)
demonstrating exemplary performance through other means
as determined by the Commission.
(6)
High Performance Achievement -- The top five
Boards as ranked by performance outcomes, adjusted for regional economic conditions
according to the model cited in §800.115 of this title (relating to Incentive
Policy Adjustment Model).
(7)
Incentive Award Pool -- Funding that the Commission
shall reserve during the annual budget process in sufficient amount to use
to reward Boards for high performance achievement.
(8)
Local Coordination -- Boards providing leadership
to ensure cooperation to achieve the most effective customer service results
for its population through one or more of the following:
(A)
Memorandums of Understanding with required partners that
achieve active implementation and integration of related services;
(B)
Memorandums of Understanding with partners required by
WIA §121(b)(1) but not required by 40 TAC §801.27(b) that include
active implementation and integration of related services;
(C)
ongoing and regular communication and training on the best
practices and benchmarks in building systems or delivering services; or
(D)
demonstrating local coordination through other means as
determined by the Commission, including, but not limited to, demonstrating
coordination with demonstration grants, Welfare-to-Work competitive grants,
youth opportunity grants, self-sufficiency grants, and skills development
grants.
(9)
Local Workforce Development Boards -- A Board
that is certified by the Governor of the State of Texas, has a plan approved
by the Governor of the State of Texas, and is operating multiple workforce
development programs through an executed contract with the Commission.
(10)
Regional Cooperation -- Boards working together as
a cooperative unit to provide excellence in customer service as a region through
one or more of the following:
(A)
submitting joint plans or agreements;
(B)
engaging in ongoing and regular communication regarding
the best practices and working together to implement those practices by sharing
ideas, data, staff, and other resources;
(C)
providing opportunities for joint training, conferences,
and staff interaction; or
(D)
demonstrating regional cooperation through other means
as determined by the Commission.
(11)
Skill Attainment Measure -- The annual measure
specified by the Commission based upon the percentage of individuals who completed
skill attainment activities and acquired a skill as recognized by the State
or an industry in the form of an achievement as specified below:
(A)
Board certification of youth and adult competency levels
set in consultation with area employers and, where appropriate, educational
agencies, labor organizations and community-based organizations based on such
factors as entry level skills and other hiring requirements;
(B)
a high school diploma;
(C)
GED certificate;
(D)
postsecondary education degree;
(E)
occupational license;
(F)
occupational certification; or
(G)
other certifications recognized by the State.
(12)
Workforce area -- Local Workforce Development
Area designated by the Governor as provided in Texas Government Code §2308.252.
(13)
Workforce Development Programs -- Job-training, employment
and employment-related educational programs and functions as listed in Texas
Labor Code §302.021.
§800.113.Non-Monetary Incentive Awards.
(a)
Non-monetary awards for high performance achievement and
continuous improvement in meeting performance measures may include, but are
not limited to, plaques, certificates of achievement, or other formalized
recognition accolades.
(b)
To be eligible for a non-monetary incentive award, a certified
Board must be one of the five outstanding Boards in the state and must have
demonstrated exceptional performance in one of the four specified core outcome
measures, unless otherwise approved by the Commission.
(c)
Non-monetary incentive awards will be awarded annually
based on performance beginning in Fiscal Year 1998, which commenced September
1, 1997.
(d)
A Board may be recognized as an outstanding performer under
more than one measure.
§800.114.Monetary Incentive Awards.
(a)
Amounts from the Incentive Award Pool may be distributed
to Boards based on high performance achievement to a targeted population,
and may be used to carry out innovative workforce investment activities consistent
with state and federal requirements as determined by the Commission.
(b)
A targeted population will be annually identified by the
Commission in the budget process. The first three measures set out in §800.112
of this title (relating to Criteria for Award) will be applied to this targeted
population, while the fourth measure will be applied as written. The Commission
shall award monetary incentives to a maximum of five outstanding Boards based
on high performance in meeting or exceeding these four measures.
(c)
Amounts from the Incentive Award Pool may be awarded annually
based on performance beginning in Fiscal Year 1999, commencing September 1,
1998.
§800.118.Distribution of Incentive Awards.
The criteria for distributing monetary incentive awards are set forth
in §800.114 of this title.
§800.120.WIA Local Incentive Awards.
(a)
Allocation of Funding. The Commission shall determine annually
the total amount of funds to be allocated from funds available through WIA §128(a)
and §133(a)(1) for local incentive awards, taking into consideration
availability of funds, number of workforce areas eligible for local incentive
awards funds, and other factors as identified by the Commission.
(b)
Eligibility Criteria for WIA Local Incentive Awards.
(1)
A Board may be considered for a local incentive award in
one or more of the following:
(A)
regional cooperation among workforce areas;
(B)
local coordination of activities carried out under WIA;
and
(C)
exemplary performance on local performance measures established
by the Commission.
(2)
In determining the amount of funds awarded to
a Board, the Commission may consider such factors as:
(A)
the amount of formula WIA funds allocated to the eligible
Board relative to the formula allocations to the other Boards;
(B)
for awards made during PY 2000, whether the Board can demonstrate
that on July 1 it had expended 60 percent of the prior year WIA allocated
funds;
(C)
for awards made during PY 2001 and succeeding program years,
whether the Board can demonstrate that it has met all expenditure requirements
for eligibility for awards from State activity funds found in Subchapter B
of Chapter 800 of this title (relating to Allocations and Funding);
(D)
performance improvement relative to the previous year;
(E)
changes in economic conditions, population characteristics,
and service delivery system in the workforce area;
(F)
the eligible Board's performance for each contract performance
measure relative to other Boards;
(G)
performance in the elements considered most critical in
accomplishing overall system goals, which includes performance related to
each of the items listed in §800.120(b)(1)(A)-(C);
(H)
monitoring reports and resolution activities;
(I)
achievement of goals outlined in a One-Stop Innovation
Plan; and
(J)
additional criteria consistent with implementation of WIA.
(c)
Application for WIA Local Incentive Awards.
(1)
Only those Boards submitting a written application shall
be considered for local incentive awards.
(2)
The Commission shall issue instructions annually which
shall include the amount of funds available for awards, the maximum number
of awards, and instructions for submitting applications for local incentive
awards.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 4, 2000.
TRD-200003144
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: May 24, 2000
Proposal publication date: March 3, 2000
For further information, please call: (512) 463-8812
Subchapter B. ONE-STOP SERVICE DELIVERY NETWORK
40 TAC §§801.21 - 801.29
The Texas Workforce Commission (Commission) adopts new §§801.21-801.29
relating to the One-Stop Service Delivery Network. Sections 801.21, 801.25
and 801.27-809.29 are adopted with changes to the proposed text as published
in the January 21, 2000, issue of the
Texas Register
(25 TexReg 368). Sections 801.22-801.24 and 801.26 are adopted without
changes and will not be republished.
The Texas Workforce Commission (Commission) adopts the repeal of §§841.11-841.13
and new §841.11, relating to the One-Stop Service Delivery Network, without
changes to the proposed text as published in the January 21, 2000, issue of
the
Texas Register
(25 TexReg 372).
The adopted rules set forth the One-Stop Service Delivery Network, developed
by the Commission in partnership with the local workforce development boards
(Boards), and emphasize the partnership between the Commission and the Boards
in assuring compliance with Texas Government Code, Chapter 2308.
Background and Purpose: The purpose of the rules is to facilitate the maintenance
and continuous improvement of the One-Stop Service Delivery Network as established
in Texas Government Code, Chapter 2308, and Texas Labor Code, Chapters 301
and 302. The adopted rules provide a framework that is reflective of the Workforce
Investment Act, 29 U.S.C.A. §2801
et seq.
,
(WIA) one-stop principles and the principles of Texas' vision as presented
in the WIA State Plan. The WIA principles are: streamlining services, empowering
individuals, universal access, increased accountability, a strong role for
Boards and the private sector, and state and local flexibility. The four principles
of Texas' vision are: limited and efficient state government, local control,
personal responsibility, and support for strong families.
The system outlined herein emphasizes the partnership between the Boards
and the Commission in providing a seamless network of information and services
that is responsive to the individual needs of customers. The adopted rules
identify Texas Workforce Center standards, required partners, and other entities
that may be additional or voluntary partners in the One-Stop Delivery Network.
The rules also provide support for innovation and excellence in performance
and service delivery in coordination with the Commission's incentive rules.
The purpose of §801.21 is to set forth the scope and purpose of the
rules contained in the subchapter.
The purpose of §801.22 is to set forth the requirement to maintain
a One-Stop Service Delivery Network.
The purpose of §801.23 is to set forth the definitions applicable
to the One-Stop Service Delivery Network.
The purpose of §801.24 is to set forth the different levels of certification
for Texas Workforce Centers.
The purpose of §801.25 is to set forth the standards applicable to
the certification of Texas Workforce Centers.
The purpose of §801.26 is to set forth the provisions relating to
One-Stop Innovation Plans.
The purpose of §801.27 is to set forth the provisions relating to
the Texas Workforce Center Partners.
The purpose of §801.28 is to set forth the services available through
the One-Stop Service Delivery Network.
The purpose of §801.29 is to set forth the limitations on delivery
of services.
New Chapter 801, Subchapter B, is added as the location for rules regarding
the One-Stop Service Delivery Network.
The Commission received public comments from the West Central Workforce
Development Board, the Texas Commission for the Blind and the Texas Rehabilitation
Commission. One commenter requested clarification and suggested several changes
to the rule. Two of the commenters generally agreed with the rules and stated
they were well written but suggested one change. Changes to the rules are
for the purposes described in the responses or for the purpose of clarification.
Comment: Regarding §801.25(a)(6) one commenter recommended deletion
of the word "written" as it relates to the required provision of information
by a Certified Texas Workforce Center because persons receiving the information
may wish to view the information on a computer screen rather than from a printed
hard copy.
Response: The Commission asserts that the proposed subsection complies
with Texas Government Code §2308.313 that requires the provision of a
"document" with the required information. An individual could elect to view
the information electronically rather than a printed hard copy version of
the information. Therefore, the Commission does not believe that deleting
the word "written" is appropriate.
Comment: Regarding §801.25(a)(11) one commenter requested clarification
regarding the requirement that "information packages" be available to customers
because the commenter felt that the requirement seemed to conflict with a
customer-friendly and flexible approach that would emphasize providing only
that information that is needed or wanted by the customer. The commenter recommended
rewording the requirement to read: "prepare and provide access to information
for customers that describe services..."
Response: The Commission agrees that the purpose of the requirement is
to ensure a customer-friendly and flexible approach by providing customers
with information sufficient to make informed consumer choices on those services
and programs they may wish to access or for which they may request more detailed
information. However, customers may not know what information they want or
need until they see what information is available. The Commission does not
intend that the information packets provide detailed explanations of the required
information or that all customers be given information packages whether they
want them or not. Therefore, the Commission will amend the subsection to require
that the information packages be prepared and available, and that they briefly
describe the required information.
Comment: Regarding §801.25(b)(3) one commenter recommended replacing
"resume preparation stations" with "resume preparation software" to eliminate
the implication that personal computers would be designated exclusively as
resume preparation stations, thus requiring customers to use other computers
to access the Internet and job matching systems.
Response: The Commission agrees with the commenter and will amend the subsection
to require customer access to resume preparation tools, including software.
Comment: Regarding §801.25(b)(5) one commenter recommended that the
menu of services with corresponding fee schedule be "available upon request"
rather than displayed to eliminate customer assumptions that fees are associated
with certain services, regardless of the customer's eligibility status.
Response: The Commission asserts that in order to make informed consumer
decisions, customers need to know what, if any, fees are associated with specific
services. The Commission asserts that the fee schedules should be visible
to the public rather than "available upon request" in order to relieve the
customer of the burden of having to request the information. For that reason,
the Commission declines to amend the rule language as proposed. The Commission
states that Texas Workforce Center operators could eliminate confusion by
adding a caveat to the menu that the fees are dependent upon eligibility status.
Comment: Regarding §801.25(b)(6) one commenter recommended either
deleting the phrase "direct supervision of all personnel" or replacing it
with "on-site management of all personnel" to ensure that center operators
at sites not managed by the Commission's staff are not in conflict with the
Master Contract Part G Section 3.3 that requires the Commission's supervision
of the Commission's employees, whether on-site or not.
Response: The Commission agrees with the commenter. The Commission's intent
is to ensure effective and efficient management of workforce centers and will
amend the rule to provide for on-site management, rather than supervision,
of the Commission's staff by Texas Workforce Center operators.
Comment: Regarding §801.27(a) one commenter recommended deleting the
provision because it is not appropriate or reasonable to require Chief Elected
Officials (CEOs) to enter into Memorandums of Understanding (MOUs) with required
partners in their areas. The commenter further asserted that the role of the
CEO is a local decision typically addressed in the Partnership Agreement.
The commenter also recommended deletion of the requirement that CEOs agree
on a voluntary partner's participation because the involvement of CEOs in
the process of selecting or agreeing on the inclusion of other entities and
voluntary partners in the one-stop network is a local decision.
Response: The Commission agrees and clarifies that the rule as proposed
requires only that CEOs agree that the Board should enter into MOUs with workforce
center partners, not that CEOs sign the agreements themselves. To clarify
the provision , the rule is amended to state that each Board shall obtain
a general authorization from the CEOs for actions taken under the subsection.
Therefore, the Commission does not believe that deleting this section is appropriate.
Comment: Regarding §801.28(a)(3) one commenter interpreted the provision
to indicate that eligibility determinations for all partner programs must
be provided as a core service, and suggested that this creates significant
liability to workforce center operators when partner staff are not available
on site to conduct eligibility determinations on their own programs.
Response: The WIA at § 121 (b)(1)(A)(i) (29 U.S.C.A. §2841) states
that each required one-stop partner shall make core services applicable to
its program available through the workforce center. Section 134(d)(2) (29
U.S.C.A. §2864) requires that partners assist individuals with applying
for and establishing eligibility. The Commission agrees to clarify the language
of the rule to state expressly that all certified Texas Workforce Centers
shall provide core services that include determinations of whether individuals
are eligible "for programs funded through the Commission that are available"
through the One-Stop Service Delivery Network.
Comment: Regarding §801.28(a)(6) two commenters recommended deleting
the requirement that voluntary workforce center partners submit performance
and program cost information to the Commission on eligible providers of various
services, including the vocational rehabilitation program activities. The
two commenters asserted that providers of these services will report performance
and cost information to the Rehabilitation Services Administration and the
Texas Council on Workforce and Economic Competitiveness, and not the Texas
Workforce Centers.
Response: The WIA at § 134 (d)(2)(F) (29 U.S.C.A. §2864) requires
the submission of performance and program cost information on all eligible
providers of training services as described in Section 122. If either the
Texas Rehabilitation Commission (TRC) or the Texas Commission on the Blind
(TBC) or contractors of TRC or TBC submitted a training program for certification
under WIA §122 (29 U.S.C.A. §2842), the submitting entity would
be required to provide performance and cost information. If training programs
funded through TRC or TBC are not submitted for certification, performance
and cost information is not required. Participation in the center and the
provision of core services from the center does not in and of itself require
the submission of performance and cost information on training programs. The
Commission does not believe that deleting this requirement is appropriate.
Comment: Regarding §801.28(a)(11) one commenter suggested that language
in subsection 801.28(a)(11) indicated that the workforce center operator should
assist in determining eligibility for Choices and Food Stamp Employment and
Training benefits, which is solely a Texas Department of Human Services (TDHS)
responsibility. The commenter stated that if the Commission intended to ensure
that potentially eligible individuals are referred to TDHS for service, then
rewording the subsection for clarity was recommended.
Response: The Commission agrees that TDHS is the agency responsible for
determining whether or not an individual is eligible for Temporary Assistance
for Needy Families (TANF) and Food Stamp benefits. The TDHS also determines
whether the clients are required to participate in the Choices or Food Stamp
Employment and Training activities. As a result of TDHS's determination, the
mandatory participants are referred to the appropriate Board's Texas Workforce
Center for participation in allowable activities. A Texas Workforce Center's
caseworker does an assessment regarding the individual's ability to work consistent
with the work first principles. If the individual is not work ready, the caseworker
performs an assessment and assists the individual with identifying applicable
training and choosing among options to assist the individual with participating
in a work or work enhancing activity. The proposed rule does not indicate
to the contrary, nor does the Commission require that the one-stop center
partners assist individuals with applying for TANF and Food Stamp benefits
or determine eligibility for Choices or Food Stamp Employment and Training
activities. The one-stop center partners' role includes providing access to
information on program requirements, referral to the appropriate partner staff
who will determine whether or not participation is required, and assistance
in collecting and providing required information. The Commission does not
agree that changes to paragraph (11) are necessary but directs the commenter
to the clarification in §801.28(a)(3).
The new rules are adopted under Texas Labor Code, §§301.061
and 302.002, which provide the Commission with the authority to adopt, amend,
or repeal such rules as it deems necessary for the effective administration
of Commission programs.
§801.21.Scope and Purpose.
(a)
The purpose of this subchapter is to set forth the rules
relating to the One-Stop Service Delivery Network as set forth in Texas Government
Code, Chapter 2308, Texas Labor Code, Chapters 301 and 302, and Workforce
Investment Act (WIA) § 121 (29 U.S.C.A. §2841). It is the intent
of the Commission, in partnership with Boards, to facilitate the development
and maintenance of the One-Stop Service Delivery Network such that information
and services responsive to their individual needs are available to all customers.
The One-Stop Service Delivery Network shall be evaluated against the established
levels of certification as well as any additional standards developed by the
Commission to ensure the continuous improvement of the system.
(b)
The rules contained in this Subchapter B, relating to the
One-Stop Delivery System, shall apply, except that to the extent of any conflict,
the provisions of Texas Government Code, Chapter 2803 and Section 801.2 of
this Chapter 801, relating to Local Workforce Development Boards, shall govern.
§801.25.Texas Workforce Center Standards.
(a)
Basic Workforce Center Standards. The Commission has established
basic standards that must be met by all Texas Workforce Centers. Certified
Texas Workforce Centers shall:
(1)
be available to employers, students and workers throughout
the local workforce development area;
(2)
provide access to information and services, including
employment services;
(3)
address individual needs of customers by providing
processes for the following three methods of accessing services: self-service,
basic access, and full access;
(4)
provide services that are tailored to meet individual
needs and include: labor market information, a common intake and eligibility
determination process, an independent assessment and service strategy, centralized
and continuous case management and counseling, access to Individual Training
Account (ITA) services for education and training needs, supportive services
(including access to subsidized child care), student loans, and other forms
of financial assistance required to participate in and complete training;
(5)
not provide developmental services, such as General
Educational Development (GED), English as a Second Language (ESL), or Adult
Basic Education (ABE);
(6)
provide each person with written information on local
demand occupations, projected wage level upon completion of training programs,
and performance of training providers when requested;
(7)
implement a process for initial contact that is customer-driven
and flexible;
(8)
ensure access throughout the workforce development
area by developing electronic methods for service delivery, such as kiosk,
Internet, and wide area network (WAN);
(9)
ensure staff are experienced and knowledgeable in
all required programs and services for job seekers and for employers;
(10)
implement a tiered customer-driven service delivery
strategy that includes: information through individual self-service, job search
assistance in group settings, access to information on filing a claim for
unemployment insurance benefits, and specialized, intensive staff-assisted
services;
(11)
prepare and make available understandable information
packages for customers that briefly describe services, locations, self-service
options, job openings, career exploration methods, labor market information,
training opportunities, educational opportunities, and consumer information,
and that also provide a mechanism for customer feedback on services provided;
(12)
implement a timely and efficient referral and follow
up process for employment-related services;
(13)
provide independent assessment of individual needs
that includes assessment of literacy levels for Choices clients who have not
recently received a literacy level assessment;
(14)
maintain a user-friendly resource center that makes
available computerized information systems with access to labor market information,
demographics, occupations, and educational opportunities;
(15)
make available core services, as defined in §801.28,
of the following programs: Title I of WIA serving adults, dislocated workers
and youth; Food Stamp Employment and Training; TANF Choices activities; access
to subsidized Child Care Services; Wagner-Peyser Employment Services; Trade
Adjustment Assistance; veterans' employment and training programs; adult education;
National Literacy Act services; non-certificate postsecondary career and technology
training; Senior Texans Employment Program; Apprenticeship Program; National
Community Services Act Program; Project RIO for ex-offenders; and access to
unemployment insurance benefits. Boards shall ensure that staff be available
to provide the core services of these programs during all Texas Workforce
Center operating hours;
(16)
ensure availability through the Texas Workforce Centers
of other services for the programs listed in subparagraph (15) of this section;
(17)
provide reasonable accommodation and accessibility
in accordance with the Americans with Disabilities Act (ADA); and
(18)
meet each of the requirements for Certified Full
Service Texas Workforce Centers within twelve months of certification as a
Texas Workforce Center.
(b)
Full Service Standards. The Commission has established
specific standards for a Texas Workforce Center to receive full service certification.
A Certified Full Service Texas Workforce Center shall meet each of the following
requirements within twelve months of certification as a Texas Workforce Center.
Certified Full Service Texas Workforce Centers shall:
(1)
design a customer-friendly waiting area and implement written
procedures that define the measures taken to minimize customer wait time in
the reception area and in other areas of the Texas Workforce Center;
(2)
develop written procedures for following up on referrals
to determine customer receipt of services, appropriateness of the referral
to address the customer's needs and the extent of customer satisfaction with
the referral process and service received;
(3)
provide customer access to the statewide job matching
system, resume preparation tools, including software, and the Internet;
(4)
provide consumer information on the quality of education
and training providers and include a mechanism for customer feedback on personal
experience with such providers;
(5)
develop and display a menu of services with a corresponding
fee schedule for services available at the Certified Full Service Texas Workforce
Center;
(6)
demonstrate: on-site management of all personnel,
a plan for cross-training staff in all services, minimal programmatic specialization
of staff, non-duplication of efforts, removal of redundancies within program
activities, and maximum flexibility to optimize utilization of resources;
(7)
provide basic labor exchange services, including access
to job orders for applicants, access to applicants for employers, and screening
and referral methods for matching appropriate applicants and job orders; and
(8)
provide centralized case management activities for
specialized populations, such as the welfare, veterans, dislocated workers
and disabled populations.
§801.27.Texas Workforce Center Partners.
(a)
Each Board shall maintain one or more memoranda of understanding
that set out the obligations of the Board and each partner in the operation
of the One-Stop Service Delivery Network in the local workforce development
area. Each Board shall obtain a general authorization from the CEOs for actions
taken under this subsection.
(b)
Subject to the limitations as referenced in §801.29
of this Chapter, relating to Limitations on Delivery of Services, the required
Texas Workforce Center Partners are the entities that administer the following
in the local workforce development area:
(1)
services authorized under Title I of WIA for adults, dislocated
workers and youths;
(2)
Food Stamp Employment and Training services;
(3)
Temporary Assistance for Needy Families - Choices
services;
(4)
subsidized child care services;
(5)
Welfare-to-Work block grant services;
(6)
Wagner-Peyser employment services;
(7)
Trade Adjustment Assistance and NAFTA/TAA services;
(8)
veterans' employment services;
(9)
adult education activities;
(10)
National Literacy Act services;
(11)
non-certificate postsecondary career and technology
training;
(12)
Senior Texans Employment Program (STEP) services;
(13)
apprenticeship training;
(14)
National and Community Services Act;
(15)
Project RIO services for ex-offenders; and
(16)
Unemployment Insurance.
(c)
Other entities that provide services of benefit to workforce
development, including federal, state, and local programs as well as programs
in the private sector, may be voluntary partners in the One-Stop Service Delivery
Network if the Board and chief elected official(s) agree on the entity's participation.
These entities include, but are not limited to, those that provide:
(1)
vocational rehabilitation program services (for example,
Texas Rehabilitation Commission, Texas Commission for the Blind);
(2)
migrant and seasonal farmworker employment services;
(3)
secondary and postsecondary vocational education and
training activities;
(4)
community services block grant programs;
(5)
employment and training services provided through
grantees of the U. S. Department of Housing and Urban Development;
(6)
Job Corps services for youth; and
(7)
Native American programs.
§801.28.Services Available Through the One-Stop Service Delivery Network.
(a)
Core Services. All Certified Texas Workforce Centers shall
provide core services, as defined in WIA § 134(d)(2) (29 U.S.C.A. §2864
(d)(2)) and Texas Government Code, Chapter 2308, including:
(1)
outreach;
(2)
intake, which may include worker profiling, and orientation
to the information and services available through the One-Stop Service Delivery
Network;
(3)
determinations of whether the individuals are eligible
for programs funded through the Commission that are available through the
One-Stop Service Delivery Network;
(4)
initial assessment of skill levels, aptitudes, abilities,
and supportive service needs;
(5)
job search and placement assistance and, where appropriate,
career counseling;
(6)
provision of performance information and program cost
information on eligible providers of training services as described in §§
841.31 - 841.47 of this chapter (relating to Training Provider Certification),
provided by program, and eligible providers of youth activities described
in WIA §123 (29 U.S.C.A. §2843), providers of adult education described
in Title II of WIA, providers of postsecondary vocational education activities
and vocational education activities available to school dropouts under the
Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C.A. §2301
(7)
provision of information regarding how the local area
is performing on the local performance measures and any additional performance
information with respect to the One-Stop Service Delivery Network in the local
area;
(8)
provision of information regarding filing claims for
unemployment compensation;
(9)
provision of employment statistics information, including
the provision of accurate information relating to local, regional, and national
labor market areas, including job vacancy listings in such labor market areas,
information on job skills necessary to obtain the jobs listed, and information
related to local occupations in demand and the earnings and skill requirements
for such occupations;
(10)
provision of accurate information relating to the
availability of supportive services, including child care and transportation,
available in the local workforce development area, and referral to such services,
as appropriate;
(11)
assistance in establishing eligibility for Welfare-to-Work
activities, Choices, Food Stamp Employment and Training, and programs of financial
aid assistance for training and education that are available in the local
area; and
(12)
follow up services, including counseling regarding
the work place, for participants in workforce investment activities authorized
under Chapter 841 of this Title, relating to Workforce Investment Act, who
are placed in unsubsidized employment, for not less than 12 months after the
first day of the employment, as appropriate.
(b)
Intensive Services. A One-Stop Service Delivery Network
shall provide access to services as described in the Texas Government Code,
Chapter 2308, and intensive services as described in the WIA §134(d)(3)
(29 U.S.C.A. §2864(d)(3)), which may include the following:
(1)
comprehensive and specialized assessments of the skill
levels and service needs of adults and dislocated workers, such as diagnostic
testing and use of other assessment tools, in-depth interviewing, and evaluation
to identify employment barriers and employment goals;
(2)
development of an individual employment plan and service
strategy to identify the employment goals, appropriate achievement objectives,
and appropriate combination of services for the participant to achieve employment
goals and objectives;
(3)
group counseling;
(4)
individual counseling and career planning;
(5)
centralized and continuous case management; and
(6)
short-term prevocational services, including learning
skills, communication skills, interviewing skills, punctuality, personal maintenance
skills, and professional conduct to prepare individuals for unsubsidized employment
or training.
(c)
Training Services. A One-Stop Service Delivery Network
shall provide access to training services as described in WIA §134(d)(4)
(29 U.S.C.A. 2864(d)(4)) and the Texas Government Code, Chapter 2308. Training
services may include the following:
(1)
occupational skills training, including training for nontraditional
employment;
(2)
on-the-job training;
(3)
programs that combine work place training with related
instruction;
(4)
training programs operated by the private sector;
(5)
skills upgrading and retraining;
(6)
entrepreneurial training;
(7)
job readiness training;
(8)
adult education and literacy activities in combination
with services with activities described in (1)-(7) of this section; and
(9)
customized training conducted with a commitment by
an employer or group of employers to employ an individual upon successful
completion of training.
(d)
Other Services and Activities. A One-Stop Service Delivery
Network shall offer access to:
(1)
all other permissible local employment and training activities
included in the local workforce development plan, which may include discretionary
one-stop activities, supportive services, and needs-related payments as outlined
in WIA §134(e) (29 U.S.C.A. §2864(e));
(2)
all programs and activities administered by the Texas
Workforce Center Partners; and
(3)
the information described in Wagner-Peyser Act, §15,
and all job search, placement, recruitment and other labor exchange services
authorized under the Wagner-Peyser Act (29 U.S.C.A. 49
et seq.
).
§801.29.Limitations on Delivery of Services.
Delivery of services under §801.28 of this Title, relating to
Services Available Through the One-Stop Service Delivery Network, is subject
to state law requirements on Board organization and service delivery structure
as found in Texas Government Code, Chapter 2308, and Chapter 801 of this Title,
relating to Local Workforce Development Boards, as well as eligibility requirements
and limitations of individual programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 5, 2000.
TRD-200003175
J. Ferris Duhon
Assistant General Counsel
Texas Workforce Commission
Effective date: May 25, 2000
Proposal publication date: January 21, 2000
For further information, please call: (512) 463-8812
The Texas Workforce Commission (Commission) adopts the repeal of §§
841.11-841.13 and new §841.11, relating to the One-Stop Service Delivery
Network, without changes to the proposed text as published in the January
21, 2000, issue of the
Texas Register
(25
TexReg 372).
The adopted rules set forth the One-Stop Service Delivery Network developed
by the Commission in partnership with the local workforce development boards
(Boards) and emphasize the partnership between the Commission and the Boards
in assuring compliance with Texas Government Code, Chapter 2308. Additional
information on the repeal and new rule contained in this Chapter 841 may be
found in the adoption notice of new and amended rules (§§801.21-801.29)
published in this issue of the
Texas Register
.
No comments were received on the repeal of §§841.11-841.13 and new §841.11.
Subchapter B. ONE-STOP DELIVERY SYSTEM
Chapter 801.
LOCAL WORKFORCE DEVELOPMENT BOARDS
Chapter 841.
WORKFORCE INVESTMENT ACT