Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 801.
LOCAL WORKFORCE DEVELOPMENT BOARDS
The Texas Workforce Commission (Commission) proposes the following
amendments to Chapter 801 relating to Local Workforce Development Boards:
Subchapter A, General Provisions, §§801.1, 801.2, 801.11, 801.16,
and 801.17
Subchapter B, One-Stop Service Delivery Network, §§801.21, 801.22,
801.23, 801.24, 801.25, 801.27, 801.28, 801.29
Subchapter C, The Integrity of the Texas Workforce System, §801.51
The Commission proposes the following new section to Chapter 801 relating
to Local Workforce Development Boards:
Subchapter B, One-Stop Service Delivery Network, §801.31
The Commission proposes the following repeal to Chapter 801 relating to
Local Workforce Development Boards:
Subchapter B, One-Stop Service Delivery Network, §801.26
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. IMPACT STATEMENTS
PART IV. COORDINATION ACTIVITIES
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed Chapter 801 rules change is to implement:
- House Bill (HB) 720, enacted by the 79th Texas Legislature, Regular Session
(2005), which directs that Local Workforce Development Boards (Boards) include
one member who is a veteran and serves the interests of veterans;
- HB 2604, enacted by the 79th Texas Legislature, Regular Session (2005),
which directs that veterans receive preference--i.e., priority of service--for
state-funded training or assistance under a job training or employment assistance
program or service;
- SB 6, enacted by the 79th Texas Legislature, Regular Session (2005),
which directs that workforce services be prioritized and targeted to meet
the needs of current foster youth and former foster youth and that Boards
and the Texas Department of Family and Protective Services (DFPS) jointly
develop and adopt a memorandum of understanding; and
- Texas Open Meetings Act (Texas Government Code, Chapter 551) requirements
as they apply to business conducted by the Boards in their capacity as governmental
entities.
Additionally, 38 U.S.C. §4215 provides federal priority of service
for U.S. Department of Labor (DOL) funded employment, training, and placement
programs for federal qualified veterans and qualified spouses. The proposed
amendment to Chapter 801 distinguishes between state qualified veterans eligible
for a preference in state-funded services and federal qualified veterans and
qualified spouses eligible for preference in DOL-funded programs.
House Bill 720
Texas Government Code §2308.256(h) requires that at least one member
of a Board, who qualifies under one of the existing membership categories,
also be a veteran. Additionally, Texas Government Code §2308.251(2) specifies
that veteran candidates for Board membership must have served in the federal
armed forces, United States public health services, state military forces,
or an auxiliary service of one of the branches of the armed forces, and possess
an honorable discharge. Section 801.1(g)(2)(C)(vii) of this chapter requires
that a veteran serve concurrently as a representative of veterans and in a
membership category for which he or she qualifies.
HB 720 amends Texas Government Code §2308.256 to strengthen this provision
by directing that the Board member who is a veteran also represents the interests
of veterans in the local workforce development area in addition to the interests
of the membership category for which the veteran was appointed. In clarifying
and defining an existing Board member role filled by a veteran and the interests
that member represents, HB 720 does not require a new membership category.
House Bill 2604
HB 2604 amends Chapter 302 of the Texas Labor Code and directs that qualified
veterans, as identified in Texas Government Code §657.002(a), receive
preference--i.e., priority of service--for training or assistance under a
job training or employment assistance program or service. This requirement
applies to services funded in whole or in part by state funds.
Senate Bill 6
SB 6 amends Chapter 264 of the Texas Family Code and directs DFPS to address
the unique challenges facing foster youth who are in the conservatorship of
DFPS and must transition to independent living.
The statute requires Boards and DFPS to jointly develop and adopt a memorandum
of understanding. The memorandum of understanding will ensure that eligible
foster youth are given access to the workforce system to help meet their employment,
education, and training needs, and will promote collaborations and referrals
to the Texas Workforce Centers in order to further the objectives of the Preparation
for Adult Living (PAL) program.
DFPS is the agency responsible for administering and overseeing the federal
Chafee Foster Care Independence Program (Chafee). In Texas, the independent
program that receives Chafee funding is the PAL program. The goals or objectives
of the PAL program include:
- helping foster youth to transition to self-sufficiency;
- helping foster youth receive the education, training, and services necessary
to obtain employment;
- helping foster youth prepare for postsecondary training and educational
institutions;
- providing personal and emotional support to foster youth through mentors
and the promotion of interactions with dedicated adults;
- providing financial, housing, counseling, employment, education, and
other appropriate support services to former foster youth between the ages
of 18 and 21; and
- providing vouchers for education and training, including postsecondary
education, to youth who have aged out of foster care.
SB 6 also charges that the Commission and Boards must ensure that workforce
services are prioritized and targeted for youth transitioning out of the foster
care system and for former foster youth. Further, where feasible, Boards must
refer foster youth who need housing for short-term housing stays.
In addition to 38 U.S.C. §4215, which establishes federal priority
of service for federal qualified veterans and qualified spouses in DOL-funded
programs, there are two federal statutes that define veterans for DOL-funded
programs--38 U.S.C. §4211 and 29 U.S.C. §2801(49). These two federal
statutes define veterans differently. To simplify identification of veterans
and ensure consistent application of federal priority of service, the Commission
has requested a waiver under the Workforce Investment Act (WIA) (29 U.S.C. §2939)
of the definition of veteran (29 U.S.C. §2801(49)) used for WIA services,
to conform with the definition of veteran in 38 U.S.C. §4211.
To reinforce the federal priority of service provisions (38 U.S.C. §4215)
and to implement the state priority of service provisions, federal qualified
veterans and qualified spouses, state qualified veterans, and eligible foster
youth first must be identified at the initial point of contact and then notified
of their entitlement to a priority for workforce services. These individuals
will be given priority over all other equally qualified individuals in the
receipt of employment assistance or job training services.
For state-funded workforce services, if a state qualified veteran and an
eligible foster youth concurrently apply for workforce services, or if a waiting
list exists, the state qualified veteran must be served before the eligible
foster youth.
Furthermore, for DOL-funded workforce services, if a federal qualified
veteran or qualified spouse, state qualified veteran, and eligible foster
youth concurrently apply for workforce services, or if a waiting list exists,
the federal qualified veteran or qualified spouse must be served before the
state qualified veteran or the eligible foster youth.
Texas Open Meetings Act
The Texas Open Meetings Act directs all governmental bodies, including
Boards, to adopt policies in an open public meeting that has been properly
posted and convened.
All Board directives that impact the rights, benefits, and privileges of
employers, individuals, other customers, or organizations are official governmental
policies, must be voted on, and adopted as Board policy in an open meeting.
Board policy making involves developing and adopting directives as local guidelines
that implement, interpret, or prescribe laws, regulations, and state policies.
Board policy making also occurs when a Board chooses to make changes to
long-standing administrative procedures in a manner that is significant enough
to impact the rights, property, or privileges of individuals or groups of
individuals.
While the Commission has offered guidance to Boards on implementation
of the Texas Open Meetings Act, currently only the Commission's Child Care
and Development rules specifically reference the open meetings requirement,
stating that Boards must adopt child care policies in compliance with the
Texas Open Meetings Act. Because the Texas Open Meetings Act applies to all
Board policies, the proposed amendment to Chapter 801 sets out the requirements.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor editorial changes have been made that do not change the meaning
of the rules and, therefore, are not discussed in the Explanation of Individual
Provisions.)
SUBCHAPTER A. GENERAL PROVISIONS
The Commission proposes the following amendments to Subchapter A:
§801.1. Requirements for Formation of Local Workforce Development
Boards
Section 801.1(g)(2)(A)(ii)(VI) is modified to improve clarity.
Section 801.1(g)(2)(A)(ii)(VII) updates the name of the Texas Council on
Workforce and Economic Competitiveness to the Texas Workforce Investment Council.
Section 801.1(g)(2)(C) is reorganized. Section 801.1(g)(2)(C)(vii)(II)
and §801.1(g)(2)(C)(vii)(III) are added to require that an existing Board
member, who qualifies as a veteran, be actively engaged in veterans' affairs
or services and maintain a policy or decision-making role as a voting member
or officer in a veterans' organization or association.
Section 801.1(g)(2)(D)(ii) is added to state that an existing Board member,
who qualifies as a veteran, can represent local veterans' interests as well
as the membership category for which he or she was appointed, if the Board
member has a policy or decision-making role as a voting member or officer
in a veterans' organization or association.
§801.11. Board Member Nomination and Appointment
New §801.11(d) has been added to clarify that Board membership categories
must be maintained, as set forth in §801.1(g)(2)(C).
§801.16. Agreement for Local Procedures
Section 801.16(a) is modified to correctly cite §801.1(g)(2)(A)(i)(I)
- (VI).
§801.17. Board Training and Services Plans, Modifications, and Amendments
Section 801.17(b) is reorganized to improve clarity.
SUBCHAPTER B. ONE-STOP SERVICE DELIVERY NETWORK
The Commission proposes the following amendments to Subchapter B:
§801.23. Definitions
Section 801.23(1) states that Certified Full-Service Texas Workforce Centers
aid both employers and job seekers.
Section 801.23(2) states that Certified Texas Workforce Centers aid both
employers and job seekers.
Section 801.23(3), the definition of One-Stop Innovation Plan, is deleted
because it no longer applies to the current Incentive Awards contained in
Chapter 800, Subchapter D.
New §801.23(3) defines "competent" as it applies to state qualified
veterans. A state qualified veteran must be eligible for both the program
and the specific employment or training service for which the veteran is applying.
New §801.23(4) defines "federal qualified veteran or qualified spouse"
for the purpose of implementing federal priority of service as set forth in
38 U.S.C. §4215. A federal qualified veteran is further defined under
the Workforce Investment Act (29 U.S.C. §2801(49)) or any relevant waivers,
or in 38 U.S.C. §4211, and qualified spouse is defined in 38 U.S.C. §4215(a)(1)(B).
Section 801.23(4), the definition of One-Stop Service Delivery Network,
is deleted because it is defined in Chapter 800.2 of this title; therefore,
it is unnecessary to redefine the term in this chapter.
New §801.23(5) defines an "eligible foster youth" as:
- a "current foster youth," defined as a youth, age 14 or older, who is
receiving substitute care services under the managing conservatorship of DFPS,
including youth residing in private foster homes, group homes, residential
treatment centers, juvenile correctional institutions, and relative care;
or
- a "former foster youth," defined as a youth, not more than 23 years of
age, who formerly was under the managing conservatorship of DFPS until:
- a court transferred conservatorship;
- the youth was legally emancipated (i.e., the youth's minority status
was removed by a court); or
- the youth attained 18 years of age.
Section 801.23(5), the definition of "Texas Workforce Center Partner,"
is deleted because it is defined in Chapter 800.2 of this title; therefore,
it is unnecessary to redefine the term in this chapter.
New §801.23(6) defines the term "national emergency," referenced in
Texas Government Code §657.002(a), to establish criteria for a qualified
veteran. A national emergency declared in accordance with federal law is an
emergency declared by the President pursuant to 50 U.S.C. §1621. Because
historical data (Congressional Research Service Report for Congress on the
National Emergency Powers, February 10, 2006) shows that the nation has been
under one or more declared states of national emergency at all times since
1933--a trend that is expected to continue--it is likely that most veterans
will meet this criteria to be considered a qualified veteran for purposes
of establishing priority of service.
New §801.23(7) defines "state qualified veteran," as set forth in
Texas Government Code §657.002(a) and as directed by HB 2604.
§801.25. Texas Workforce Center Standards
Section 801.25(a)(1) states that in addition to employers and students,
Certified Texas Workforce Centers shall be available to job seekers.
Section 801.25(a)(2) includes "referring qualified job seekers to employer
job postings" as an example of employment services.
Section 801.25(a)(4) clarifies that services are tailored to meet the needs
of "employers and job seekers."
Section 801.25(a)(5) replaces Adult Basic Education with Basic Education
Skills as a developmental service that is not provided at a Certified Texas
Workforce Center.
Section 801.25(a)(7) states that a "flexible and market-driven process"
shall be implemented. This modification is made to recognize that the Texas
workforce system has evolved from a customer-driven to a market-driven system.
Section 801.25(a)(8) removes references to "kiosk" and "wide area network
(WAN)" because they are obsolete for purposes of this paragraph.
Section 801.25(a)(9) adds that staff have experience and knowledge of required
services provided for "employers," as well as job seekers.
Section 801.25(a)(10) deletes "customer-driven" because it is not necessary.
Section 801.25(a)(11) is modified for improved clarity.
Section 801.25(a)(13) is modified for better clarity.
Section 801.25(a)(14) adds WorkInTexas.com as a service to be maintained
in a user-friendly resource center.
Section 801.25(a)(15) sets out the program services to be administered
by Certified Texas Workforce Centers.
New §801.25(a)(16) sets out the program services to be provided by
Certified Texas Workforce Centers.
New §801.25(a)(19) requires that Certified Texas Workforce Centers
ensure that federal qualified veterans and qualified spouses, and state qualified
veterans, receive priority in the receipt of services, as set forth in §801.31.
New §801.25(a)(20) requires that Certified Texas Workforce Centers
ensure that eligible foster youth receive priority in the receipt of services,
as set forth in §801.31.
New §801.25(a)(21) requires that Certified Texas Workforce Centers
comply with the provisions of the memorandum of understanding between the
Board and DFPS to further the objectives of the PAL program, as required by
Texas Family Code §264.121.
Certain paragraphs in §801.25 have been renumbered to accommodate
additions or deletions.
§801.26. One-Stop Innovation Plan
Section 801.26 is repealed because the One-Stop Innovation Plan is no longer
required.
§801.27. Texas Workforce Center Partners
Section 801.27(b)(5) is removed because the Welfare-to-Work program has
ended.
Section 801.27(c)(1) removes obsolete references to the "Texas Rehabilitation
Commission" and the "Texas Commission for the Blind" and replaces both with
the reference to the "Texas Department of Assistive and Rehabilitative Services."
Certain paragraphs in §801.27 have been renumbered to accommodate
additions or deletions.
§801.28. Services Available Through the One-Stop Service Delivery
Network
Section 801.28(a) is clarified by adding that Certified Texas Workforce
Centers must provide "access to" core services.
Section 801.28(a)(2) specifies that intake may include "reemployment services."
Section 801.28(a)(11) removes the reference to "Welfare to Work activities"
because the Welfare-to-Work program has ended.
Section 801.28(b)(1) removes the reference to adults and dislocated workers
and identifies "job seekers" as individuals who may receive comprehensive
and specialized assessments of their skill levels and service needs.
Section 801.28(c)(8) clarifies that training may include "referrals to
Adult Basic Education" and literacy activities.
The text of §801.28(d)(1) is incorporated into §801.28(d).
Sections 801.28(d)(2) and 801.28(d)(3) are deleted because this information
is set out in §801.27.
§801.31. Priority for Workforce Services
New §801.31, Priority for Workforce Services, is added to implement
the provisions of HB 2604 and SB 6 requiring state qualified veterans to receive
priority for state-funded employment assistance and training services, and
eligible foster youth to receive priority for federal and state-funded services.
To ensure that state qualified veterans and eligible foster youth receive
priority over all other equally qualified individuals, they must be identified
at the initial point of contact and then notified of their entitlement to
a priority for services. Individuals may identify themselves at the initial
point of contact or, in the case of eligible foster youth, DFPS staff may
make a referral for workforce services.
In addition to the priority of service directed by HB 2604 for state-funded
employment assistance or job training services, Boards must continue, in accordance
with 38 U.S.C. §4215, providing federal priority of service for federal
qualified veterans and qualified spouses in the receipt of services funded
in whole or in part by DOL. As previously stated, there are currently two
federal definitions for veterans for DOL-funded programs. The Commission has
requested a waiver of the WIA federal definition to align these definitions.
SUBCHAPTER C. THE INTEGRITY OF THE TEXAS WORKFORCE SYSTEM
The Commission proposes the following amendments to Subchapter C:
§801.51. Purpose and General Provisions
The dates in §801.51(d) and §801.51(e)(4) are deleted because
they are no longer relevant.
New §801.51(f) adds the requirements of the Texas Open Meetings Act
with regard to Boards conducting business and making policy decisions in open
meetings, posting appropriate notice of open meetings for the public, and
preparing and retaining minutes for each open meeting.
PART III. IMPACT STATEMENTS
Randy Townsend, Chief Financial Officer, has determined that for each year
of the first five years the rules will be in effect, the following statements
will apply:
There are no estimated additional costs to the state and to local governments
expected as a result of enforcing or administering the rules.
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rules.
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules.
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the rules.
There will be no probable economic costs to persons required to comply
with this rule, and there will be no adverse economic effect on small businesses.
The Agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be within the Agency's legal authority to adopt.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in the
state as a result of the rules.
Luis M. Macias, Director, Workforce Development Division, has determined
that for each year of the first five years the rules are in effect, the public
benefit anticipated as a result of enforcing the proposed rules will be to
ensure compliance with federal and state requirements for priority of service
for federal qualified veterans and qualified spouses, state qualified veterans,
and eligible foster youth and to assist Boards with meeting those requirements;
representation of veterans on the Boards; and that all Board directives impacting
the rights, benefits, and privileges of employers, customers, and organizations
are official governmental policies, and are voted on and adopted as Board
policy in an open meeting.
PART IV. COORDINATION ACTIVITIES
In the development of these rules for publication and public comment, the
Commission sought the involvement of each of Texas' 28 Boards. The Commission
provided the policy concepts regarding this rule amendment to the Boards for
consideration and review. During the rulemaking process, the Commission considered
all information gathered in order to develop a rule that provides clear and
concise direction to all parties involved.
Comments on the proposed rules may be submitted to TWC Policy Comments,
Workforce and UI Policy, 101 East 15th Street, Room 440T, Austin, Texas 78778;
faxed to (512) 475-3577; or e-mailed to TWCPolicyComments@twc.state.tx.us.
The Commission must receive comments postmarked no later than 30 days from
the date this proposal is published in the
Texas
Register
.
Subchapter A. GENERAL PROVISIONS
40 TAC §§801.1, 801.2, 801.11, 801.16, 801.17
The amendments are proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The proposed amendments affect Title 4, Texas Labor Code, particularly
Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government
Code, Chapter 551 and Chapter 2308.
§801.1.Requirements for Formation of Local Workforce Development Boards.
(a)
Purpose of Rule.
(1)
Upon application by the chief elected officials (CEOs)
and approval of the Commission, the Commission
shall
[
(2)
Before an application may be submitted to the Governor,
all requirements of this section
shall
[
(b)
State Law. The formation of Boards is governed by the Workforce
and Economic Competitiveness Act, Texas Government Code, Chapter 2308.
(c)
Chief Elected Official Agreement. Creation of a Board requires
agreement by at least three-fourths of the CEOs in the
local
workforce
development
area
(workforce area)
who represent units of
general local government, including all of the CEOs who represent units of
general local government having populations of at least 200,000. The elected
officials agreeing to the creation of the Board
shall
[
(d)
Chief Elected Officials. The CEOs may, and are encouraged
to, consult with local officials other than the ones delineated below. The
following officials are designated as the CEOs for the purpose of establishing
agreements to form Boards:
(1)
Mayors.
(A)
The mayor of each city with a population of at least 100,000;
(B)
or, if there is no city with a population of greater than
100,000, the mayor of each city with a population greater than 50,000;
(C)
or, if there are no cities with a population of greater
than 50,000, the mayor of the largest city in the workforce area.
(D)
For purposes of this section, municipal population will
be determined by the figure last reported by the Texas State Data Center at
the time of submission of the application to the Commission.
(2)
All county judges included in a workforce area as designated
by the Governor.
(e)
Time of Application. CEOs in
a workforce
[
(f)
Applications
shall
[
(g)
Procedures for Formation of a Board. The CEOs
shall
[
(1)
Public process procedure. If three-fourths of the CEOs,
as defined in subsection (d) of this section, agree to initiate procedures
to establish a Board, they
shall
[
(2)
Application procedure.
(A)
The CEOs
shall
[
(i)
An
[
(I)
The
[
(II)
The
[
(III)
The
[
(IV)
The
[
(V)
How
[
(VI)
The
[
(VII)
The
[
(ii)
An
[
(I)
The Board will assume the responsibilities for the following
committees and councils that will be replaced by the Board unless otherwise
provided in Texas Government Code, Chapter 2308: private industry council,
quality workforce planning committee, job service employer committee, and
local general vocational program advisory committee
;
[
(II)
At least one
Texas Workforce Center shall
[
(III)
The Board
shall
[
(IV)
The
CEOs shall
[
(V)
The partnership agreement
shall
[
(VI)
The partnership agreement
shall
[
(VII)
The strategic plan
shall
[
(B)
The application
shall
[
(C)
The application shall include the names and affiliations
of individuals recommended for Board membership, with documentation that CEOs
followed the nomination process specified in applicable state and federal
law, including Texas Government Code §2308.255 and §2308.256.
(i)
Private sector members shall be owners of business concerns,
chief executives, chief operating officers of nongovernmental employers, or
other private sector executives who have substantial management or policy
responsibility. To be eligible to represent the private sector, at least 51%
of an individual's annual income
shall
[
(ii)
Private sector membership should represent the composition
of the local pool of employers. The private sector membership should include
representatives of the region's larger employers and emerging growth industries.
Primary consideration should be given to private sector employers who do not
directly provide employment and workforce training services to the general
public. CEOs
shall
[
(iii)
Board membership
shall
[
(iv)
Representatives of local organized labor organizations
shall be nominated by local labor federations unless no employees in the workforce
area are represented by such organizations, in which case nominations may
be made by other representatives of employees. A labor federation is defined
as an alliance of two or more organized labor unions for the purpose of mutual
support and action.
(v)
Board nominees shall be actively engaged in the organization,
enterprise
,
or field
that
[
(vi)
At least one of the members of a Board appointed under
Texas Government Code §2308.256(a)
shall
[
(vii)
At least one of the members of a Board appointed under
Texas Government Code §2308.256(a)
shall
[
(I)
be a veteran as defined in Texas Government
Code §2308.251(2);
(II)
be actively engaged in the field of veterans'
affairs or services; and
(III)
maintain a policy or decision-making
role as a voting member or officer in a veterans' organization or veterans'
association as evidence that the Board member understands the needs of the
local veterans' population and will represent the interest and concerns of
veterans.
(D)
No individual member shall be a representative of more
than one sector or category described in this section, except as statutorily
permitted for one or more members having
:
[
(i)
expertise in child care or early childhood
education; or
(ii)
the qualifications set forth in subsection
(g)(2)(C)(vii) of this section.
(E)
The application
shall
[
§801.2.Waivers.
(a)
Purpose of Rule.
Texas Government Code §2308.264
[
(b)
Independent Service Delivery. A
Board
[
(c)
Separate Staffing.
Board
[
(d)
Developmental Services. A person who provides
one-stop
[
(e)
Requesting a Waiver.
(1)
Waiver requests
shall
[
(2)
In recommending action on such requests, the Commission
shall
[
(3)
The Commission may require a
Board
[
(f)
Duration of Waiver.
(1)
A waiver may be granted for a period less than, but not
to exceed, the effective term of an approved plan and budget.
(2)
A waiver may be conditioned upon the
Board's
[
§801.11.Board Member Nomination and Appointment.
(a)
For each Board member nomination, the nominating organization
shall submit to the CEOs of the workforce area a completed Board Nomination
Slate in a form established by the Commission.
(b)
Documentation in the form of a curriculum vitae, resume
,
or work history supporting the qualifications of the nomination
shall
[
(c)
Once nominations are submitted to and appointments are
made by the CEOs, the
Board
Appointments form
, in a format
established by the Commission,
and documentation shall be
submitted
[
(1)
[
(2)
[
(d)
Individuals shall be recommended for Board
membership in accordance with §801.1(g)(2)(C) of this subchapter.
(e)
[
§801.16.Agreement for Local Procedures.
(a)
The CEOs in a workforce area shall enter into an Agreement
for Local Procedures with the Board [
(b)
The Agreement for Local Procedures
shall
[
(c)
Any amendment to an Agreement for Local Procedures, change
to a Board's organizational plan or bylaws, or notice of an election of a
new CEO or Board Chair
shall
[
(d)
If a CEO or Board Chair is newly elected during the
then-current,
[
(1)
has read, understands, and will comply with the current
Agreement for Local Procedures; and
(2)
reserves the option to request negotiations to amend the
Agreement for Local Procedures
[
(e)
All Agreements for Local Procedures and Board organizational
plans or bylaws shall state that Board members will not be permitted to delegate
any Board duties to proxies or alternates.
§801.17.Board Training and Services Plans, Modifications , and Amendments.
(a)
Purpose of Rule.
(1)
All workforce training and services plans and budgets developed
by a Board
pursuant to state and federal law [
(2)
Before a plan and budget
is
[
(b)
Standards for Submission.
The Agency shall provide
guidelines for strategic planning and budgeting to Boards.
A local workforce
training and services plan and budget
shall
[
(c)
Plan Modification or Amendment. An approved plan and budget
may be changed by either modification or amendment. Either method of change
shall
[
(1)
A modification is a substantial revision of a plan and
budget. The
Agency shall
[
(2)
An amendment is a minor adjustment to a plan and budget.
The
Agency shall
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 24, 2006.
TRD-200602908
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: July 9, 2006
For further information, please call: (512) 475-0829
40 TAC §§801.21 - 801.25, 801.27 - 801.29, 801.31
The new and amended rules are proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The new and amended rules affect Title 4, Texas Labor Code, particularly
Chapters 301 and 302; Texas Family Code, Chapter 264; and Texas Government
Code, Chapter 551 and Chapter 2308.
§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
;
[
(b)
The rules contained in this
subchapter
[
§801.22.Requirement to Maintain a One-Stop Service Delivery Network.
Each Board shall maintain a One-Stop Service Delivery Network, consistent
with WIA, state law
,
and this subchapter. The One-Stop Service
Delivery Network shall include at least one Certified
Full-Service
[
§801.23.Definitions.
In addition to the definitions contained in §800.2 of this title,
[
(1)
Certified
Full-Service
[
(2)
Certified Texas Workforce Center--A local workforce center
that provides integrated services to aid
employers and job
[
(3)
Competent--A federal or state qualified
veteran who meets the eligibility requirements of the program from which he
or she is seeking services, and is determined eligible for a specific employment
and training service funded by that program.
(4)
Federal Qualified Veteran or Qualified
Spouse--For purposes of implementing priority of service for DOL-funded employment
and training programs, the term "federal qualified veteran or qualified spouse"
is defined as:
(A)
A veteran as defined:
(i)
under the Workforce Investment Act (29
U.S.C. §2801), or by any relevant waivers, as an individual who served
in the active military, naval, or air service, and who was discharged or released
from such service under conditions other than dishonorable; or
(ii)
in 38 U.S.C. §4211 as a person who:
(I)
served on active duty for a period of more
than 180 days and was discharged or released therefrom with other than a dishonorable
discharge;
(II)
was discharged or released from active
duty because of a service-connected disability; or
(III)
as a member of a reserve component under
an order to active duty pursuant to 10 U.S.C. §12301(a), (d), or (g), §12302,
or §12304, served on active duty during a period of war or in a campaign
or expedition for which a campaign badge is authorized and was discharged
or released from such duty with other than a dishonorable discharge.
(B)
The spouse of any of the following individuals:
(i)
Any veteran who died of a service-connected
disability.
(ii)
Any member of the Armed Forces serving
on active duty who, at the time of application for assistance under this section,
is listed, pursuant to 37 U.S.C. §556 and regulations issued thereunder,
by the Secretary concerned in one or more of the following categories and
has been so listed for a total of more than 90 days:
(I)
Missing in action;
(II)
Captured in line of duty by a hostile
force; or
(III)
Forcibly detained or interned in line
of duty by a foreign government or power.
(iii)
Any veteran who has a total disability
resulting from a service-connected disability.
(iv)
Any veteran who died while a disability
so evaluated was in existence.
(5)
Eligible Foster Youth--An eligible foster
youth is a:
(A)
Current Foster Youth--A youth, age 14 or
older, who is receiving substitute care services under the managing conservatorship
of the Texas Department of Family and Protective Services (DFPS). This includes
youth residing in private foster homes, group homes, residential treatment
centers, juvenile correctional institutions, and relative care; or
(B)
Former Foster Youth--A youth up to 23 years
of age, who formerly was under the managing conservatorship of DFPS, until:
(i)
the conservatorship was transferred by
a court;
(ii)
the youth was legally emancipated (i.e.,
the youth's minority status was removed by a court); or
(iii)
the youth attained 18 years of age.
(6)
National Emergency--A condition declared
by the President by virtue of powers previously vested in that office to authorize
certain emergency actions to be undertaken in the national interest pursuant
to 50 U.S.C. §1621.
(7)
State Qualified Veteran--An individual
who meets the criteria of Texas Government Code §657.002(c) is entitled
to a preference (i.e., priority) for training or assistance under a job training
or employment assistance program or service funded in whole or in part by
state funds if the individual:
(A)
served in the military for not less than
90 consecutive days during a national emergency declared in accordance with
federal law or was discharged from military service for an established service-connected
disability;
(B)
was honorably discharged from military
service; and
(C)
is competent as defined in paragraph (1)
of this section.
[
[
[
§801.24.Texas Workforce Center Certification Levels.
(a)
All Texas Workforce Centers
shall
[
(b)
In order to obtain certification as a Certified
Full-Service
[
(c)
The Commission may establish additional levels of certification
to ensure continuous development of the One-Stop Service Delivery Network.
§801.25.Texas Workforce Center Standards.
(a)
Basic Workforce Center Standards. The Commission has established
basic standards that
shall
[
(1)
be available to employers
, job seekers
,
and
students [
(2)
provide access to information and services, including employment
services
, such as referring qualified job seekers to employer job postings
;
(3)
address individual needs of customers by providing processes
for
basic or enhanced
[
(4)
provide services [
(5)
not provide developmental services, such as General Educational
Development [
(6)
provide each
customer
[
(7)
implement a
flexible and market-driven
process
for
services
[
(8)
ensure access throughout the workforce [
(9)
ensure
that
staff
is
[
(10)
implement a tiered [
(11)
prepare and make available
to customers
understandable
information packages [
(12)
implement a timely and efficient referral and
follow-up
[
(13)
provide independent
assessments
[
(14)
maintain a user-friendly resource center that makes available
computerized information systems with access to labor market information,
demographics, occupations, [
(15)
administer
[
(16)
provide access to services, as set forth
in §801.28(a), of the following programs: veterans' employment and training;
Adult Basic Education; National Literacy Act; noncertificate, postsecondary
career and technology training; Senior Community Service Employment Program;
Apprenticeship Training Program; National and Community Service Act; and Unemployment
Insurance;
(17)
[
(18)
[
(19)
ensure that federal qualified veterans
and qualified spouses, and state qualified veterans receive priority as set
forth in §801.31 of this subchapter;
(20)
ensure that eligible foster youth receive
priority as set forth in §801.31 of this subchapter;
(21)
comply with the provisions of the memorandum
of understanding between the Board and DFPS to further the objectives of the
Preparation for Adult Living program, as required by Texas Family Code §264.121;
and
(22)
[
(b)
Full-Service
[
(1)
design a customer-friendly waiting area and implement written
procedures that define the
steps
[
(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
WorkInTexas.com;
[
(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
[
(6)
demonstrate[
(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
memorandum
[
(b)
Subject to the limitations [
(1)
[
(2)
FSE&T
[
(3)
TANF
[
(4)
subsidized child care [
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(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
CEOs
[
(1)
vocational rehabilitation [
(2)
Migrant and Seasonal Farmworker
[
(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
access to
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
reemployment services
[
(3)
determinations of
individuals' eligibility
[
(4)
initial assessment of skill levels, aptitudes, abilities,
and
support
[
(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
[
(7)
provision of information regarding how the
workforce
[
(8)
provision of information regarding filing claims for
Unemployment Insurance
[
(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
high-growth, high-demand jobs
[
(10)
provision of accurate information relating to the availability
of
support
[
(11)
assistance in establishing eligibility for [
(12)
follow-up
[
(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 [
(1)
comprehensive and specialized assessments of the skill
levels and service needs of
job seekers
[
(2)
development of an
Individual Employment Plan
[
(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 [
(1)
high-growth, high-demand industry
[
(2)
on-the-job training;
(3)
programs that combine
workplace
[
(4)
training programs operated by the private sector;
(5)
skills upgrading and retraining;
(6)
entrepreneurial training;
(7)
job readiness training;
(8)
referrals to Adult Basic Education
[
(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
all other permissible local employment
and training activities included in the local workforce development plan,
which may include discretionary one-stop activities, support services, and
needs-related payments as set forth in WIA §134(e) .
[
[
[
[
§801.29.Limitations on Delivery of Services.
Delivery of services under §801.28 of this
title
[
§801.31.Priority for Workforce Services.
(a)
Boards shall ensure that federal qualified veterans and
qualified spouses, state qualified veterans, and eligible foster youth who
are entitled to receive priority over all other equally qualified individuals
in the receipt of workforce services are:
(1)
determined eligible for priority at the initial point of
contact; and
(2)
notified of their entitlement to a priority.
(b)
Boards shall ensure that state qualified veterans receive
priority over all other equally qualified individuals in the receipt of training
or assistance under employment assistance or job training services funded
in whole or in part by state funds in accordance with Texas Government Code §657.002(a).
(c)
Boards shall ensure that federal qualified veterans and
qualified spouses, as defined in §801.23(4), continue to receive priority
over all other equally qualified individuals in the receipt of services funded
in whole or in part by the U.S. Department of Labor, in accordance with 38
U.S.C. §4215.
(d)
Boards shall ensure that eligible foster youth receive
priority over all other equally qualified individuals-except federal qualified
veterans, qualified spouses, and state qualified veterans as defined in this
chapter-in the receipt of federal and state funded services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 24, 2006.
TRD-200602909
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: July 9, 2006
For further information, please call: (512) 475-0829
will
] forward an application to form a
Local Workforce Development
Board
[
local workforce development board
] (Board) to the
Governor.
must
] be met.
must
] represent at least 75% of the population of the workforce area.
an
] area may not establish a Board until the Governor has designated
that area as a workforce area as provided in the Workforce and Economic Competitiveness
Act, Texas Government Code, Chapter 2308.
must
] meet all
Governor-approved criteria for the establishment of Boards.
must
] comply with the following procedures to form a Board.
must
] conduct a public
process, including at least one public meeting, to consider the views of all
affected organizations before making a final decision to form a Board. This
public process may include, but is not limited to, notices published in various
media and surveys for public comment.
must
] submit an application
to the Commission. This application
shall
[
must
] include
evidence of the actions required by paragraph (1) of this subsection. As a
part of the application, each of the CEOs, who is in agreement regarding the
formation of a Board,
shall
[
must
] execute the following
documents:
an
] interlocal agreement delineating:
the
] purpose of the agreement;
the
] process that will be used
to select the CEO who will act on behalf of the other CEOs and the name of
such CEO if the person has been selected;
the
] procedure that will be
followed to keep those CEOs informed regarding
Board
[
local
workforce development
] activities;
the
] initial size of the Board;
how
] resources allocated to
the workforce area will be shared among the parties to the agreement;
the
] process to be used to
appoint the Board members, which
shall
[
must
] be consistent
with applicable federal and state laws; and
the
] terms of office of the
members of the Board.
an
] acknowledgment in the following
form: We, the chief elected officials of the _______________ Workforce Development
Area, acknowledge that the following are responsibilities and requirements
pursuant to the formation of
the Board
[
local workforce development
boards (Boards)
]:
.
]
career development center must
] be established within 180 days of Board
certification;
must
] have its
own independent staff and not be a provider of workforce services, unless
the Board secures a waiver of these provisions;
chief elected officials
must
] enter into a partnership agreement with the Board to designate
a grant recipient to receive
,
[
and
] be accountable for
[
block grant funds
], and be liable for any misuse of
block
grant
funds;
must
]
also specify the entity that will administer the programs, which may be separate
from the entity that receives the funds from the state;
must
] define the process through which the Boards and
CEOs
[
chief elected officials
] will develop the strategic and operational
plans, including the training plan required under the Workforce Investment
Act
(WIA)
[
, required by the legislation in order to receive
block grant funds
]; and
must
]
be reviewed by both the Commission and the Texas
Workforce Investment
Council (TWIC)
[
Council on Workforce and Economic Competitiveness
], and approved by the Governor before block grants will be available
to the workforce area.
must
] include
evidence that any affected existing Board has been notified and agrees that
its functions and responsibilities will be assumed by the proposed Board upon
the proposed Board's final certification by the Governor.
must
] be from
private sector sources.
must
] develop a profile of the
workforce
area's major industries using locally obtained information
and
state-published
[
state published
] data. The
Agency shall
[
Commission will
] provide relevant labor market
information, including data
that identifies
[
which identify
] employment trends, emerging
high-growth, high-demand
[
and growth
] industries, the size of local employers, and other data
needed to assist CEOs in developing the employer profile. Documentation submitted
with the application
shall
[
must
] show how the regional
employer profile is reflected in the Board membership.
must
] include
representatives of local organized labor organizations, community-based organizations,
educational agencies, vocational rehabilitation agencies, public assistance
agencies, economic development agencies, the public employment service, local
literacy councils, and adult basic and continuing education organizations
as required by law.
which
] they are
nominated to represent. [
A
] Board
nominees
[
nominee
] shall have an existing relationship with the workforce area through
residence or employment within the workforce area.
must
],
in addition to the qualifications required for the members under that subsection,
have expertise in child care or early childhood education.
must
],
in addition to the qualifications required for the members under that subsection
:
[
, be a veteran as defined in Texas Government Code §2308.251(2).
]
expertise in child
care or early childhood education in addition to meeting one of the other
sector or categories of representation.
]
must
] include
documentary evidence substantiating compliance with the application procedure,
including but not limited to, written agreements, minutes of public meetings,
copies of correspondence, and such other documentation as may be appropriate.
The Workforce and Economic Competitiveness Act, §§2308.264
],
§
2308.267, and
§
2308.312
set
[
, Government Code, Vernon's Texas Codes Annotated, sets
]
forth prohibitions regarding service delivery,
Board
[
board
] staffing, and developmental services. Only under circumstances that
fit the criteria specified in those statutes will requests for waivers be
granted.
board
] is prohibited from directly providing workforce training and
services, including operational functions normally associated with such services
such as intake, eligibility determination, assessment, and referral, unless
a waiver is obtained.
The board's
]
staff
shall
[
must
] be employed separately and independently
of any person that provides workforce training and services, as described
in subsection (b) of this section, unless the
Board
[
board
] arranges for independent evaluation of any other workforce services
provided by the staffing organization and obtains a waiver.
"one-stop"
] services at a
Texas Workforce
[
Career Development
] Center
shall
[
may
] not also
provide developmental services unless a waiver is obtained.
should
] be
submitted to the Commission and contain detailed justification as specified
in the respective statutes. The Commission
shall review and
[
will
] forward a recommendation to
TWIC
[
the Texas Council
on Workforce and Economic Competitiveness
] for
consideration. TWIC
will forward its recommendation to the Governor for approval
[
a determination
].
will
] apply only the criteria specified in the respective
statutes.
board's
] to submit documentation as
set forth
[
outlined
]
in [
the Texas Workforce Planning Guidelines and/or
] Workforce Development
Letters to support its waiver request.
board
] completion of
steps
[
measures
] taken to
eliminate the need for a waiver.
must
] accompany the Board Nomination Slate.
forwarded
] to the
Agency's
[
Director of
the
] Workforce Development Division[
, Texas Workforce Commission
]. Only nominations
submitted
[
forwarded
] by the
CEOs may be accepted by the Commission. The documentation submitted by the
CEOs
shall
[
must
] include the following:
a
] Board Nomination Slate for each appointment;
and
a
] Board Appointments form, [
in a format
determined by the Commission,
] indicating the official beginning and
expiration dates of all appointments.
(d)
] Board reappointments shall
be processed under the provisions of this chapter.
for the workforce area
] as
required by Texas Government Code §2308.253(g) and by
§801.1(g)(2)(A)(i)(I)
- (VI) of this subchapter
[
§801.1(g)(2)(A)(iii)(IV) - (VI)
].
must
] be signed by the current CEOs and the Board Chair.
must
] be submitted to
the
Agency
[
Commission
] within 15 calendar days of the
adoption of such amendment, change, or election.
then current
] two-year program planning cycle,
such newly elected individual
shall
[
must
] submit
to the Agency
a written statement acknowledging that
he or she
[
the newly elected official
]:
agreement
] at any time during
the official's tenure as CEO or Board Chair.
by a Board
]
shall be submitted to the
Agency's
Workforce
Development
Division
[
of the Texas Workforce Commission
] for review.
will be
]
forwarded by the Commission to
TWIC
[
the Texas Council on Workforce
and Economic Competitiveness (TCWEC)
] for recommendation to the Governor
for approval, all requirements of this section
shall
[
must
] be met.
will
] be
reviewed according to criteria established by the
Agency
[
Commission
]. [
The Texas Workforce Commission will provide guidelines
for strategic planning and budgeting to Boards.
]
must
] be submitted to the
Agency
[
Commission
] for review before implementation.
Commission will
] provide criteria
to Boards that [
will
] define what constitutes a substantial revision.
Each modification
shall
[
must
] provide evidence that
a majority of the CEOs of a workforce area or their designee or designees
with signatory authority have approved the modification.
Commission will
] provide criteria
to Boards that [
will
] define what constitutes a minor adjustment.
An amendment does not require approval by a majority of the CEOs of a workforce
area.
Subchapter B. ONE-STOP SERVICE DELIVERY NETWORK
,
] 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.
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
and §801.54
of this
chapter
[
Chapter 801, relating to Local Workforce
Development Boards,
] shall govern.
Full Service
] Texas Workforce Center providing the core services
set forth
[
listed
] in §801.28
(a)
of this
subchapter.
Title, relating to Definitions,
] the following words or terms[
, when used in Part XX of this Title, relating to the Texas Workforce Commission,
] shall have the following meanings, unless the context clearly indicates
otherwise.
Full Service
]
Texas Workforce Center--A local
full-service
[
full service
] workforce center that has integrated service functions to aid
employers and job
[
service
] seekers in all aspects of employment
and training in a seamless, nonprogram-specific manner, and has been found
to meet the requirements of a
Full-Service
[
Full Service
]
Texas Workforce Center set out in §801.25(b)
of this subchapter
.
service
] seekers in all aspects of employment and training in a seamless
nonprogram-specific manner, and has been found to meet the requirements of
a Certified Texas Workforce Center set out in §801.25(a)
of this
subchapter
.
(3)
One-Stop Innovation Plan--A voluntary
action plan describing improvements to the One-Stop Service Delivery Network
in a Board area that may include: improvements in customer satisfaction, increased
regional cooperation among Boards, enhanced performance on established local
performance measures, and enhanced coordination of delivery of services with
workforce center partners prepared in a format determined by the Commission,
in cooperation with Boards, and in coordination with incentive rules contained
in Chapter 800, Subchapter D (relating to Incentive Awards).
]
(4)
One-Stop Service Delivery Network--A one-stop-based
network under which entities responsible for administering separate workforce
investment, educational and other human resources programs and funding streams
collaborate to create a seamless network of service delivery that will enhance
availability of services through the use of all available access and coordination
methods, including telephonic and electronic methods.
]
(5)
Texas Workforce Center Partner--an entity
which carries out a workforce investment, educational or other human resources
program or activity, and which participates in the operation of the One-Stop
Service Delivery Network in a local workforce development area consistent
with the terms of a memorandum of understanding entered into between the entity
and the Board.
]
must
] meet the basic workforce center standards set out in §801.25(a)
of this subchapter
.
Full Service
] Texas Workforce Center, a Texas Workforce
Center
shall
[
must
] meet
full-service
[
full service
] standards set out in §801.25(a) and
§801.25(b)
of this subchapter
[
(b)
].
must
] be met by all Texas
Workforce Centers. Certified Texas Workforce Centers shall:
and workers
] throughout the [
local
]
workforce [
development
] area;
the following three
] methods
of accessing services[
: self-service, basic access, and full access
];
that are
] tailored to meet
the
[
individual
] needs
of employers and job seekers
and include:
job screening and referral,
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,
support
[
supportive
] services (including access
to subsidized child care), student loans, and other forms of financial assistance
required to participate in and complete training;
(GED)
], English as a Second Language [
(ESL)
],
or [
Adult
] Basic Education
Skills
[
(ABE)
];
person
] with
[
written
] information on local
high-growth, high-demand
[
demand
] occupations
and industries
, projected wage level
upon completion of training programs, and performance of training providers
when requested;
initial contact that is customer-driven and
flexible
];
development
] area by developing electronic methods for service delivery, such as
the
[
kiosk,
] Internet[
, and wide area network (WAN)
];
are
]
experienced and knowledgeable in all required [
programs and
] services
for
employers and
job seekers [
and for employers
];
customer-driven
] service
delivery strategy that includes
self-directed
[
: information
through individual self-
] service, job search assistance in group settings,
access to information on filing a claim for
Unemployment Insurance
[
unemployment insurance
] benefits, and specialized,
enhanced
[
intensive
] staff-assisted services;
for customers
] that briefly describe services
;
[
,
] locations
; self-directed
[
, self-service
] options
;
[
,
] job openings
;
[
,
] career exploration methods
;
[
,
] labor market
information
; high-growth, high-demand job information;
[
,
]
training
and educational
opportunities,
and associated institutional
performance
[
educational opportunities, and consumer
] information
;
[
,
] and that also provide a mechanism for [
customer
] feedback on services provided;
follow up
] process for employment-related services;
assessment
] of individual needs that include assessment of literacy levels for
Choices
customers
[
clients who have not recently received
a literacy level assessment
];
and
] educational opportunities
, and WorkInTexas.com, the statewide job matching system
;
make available core
]
services, as
set forth
[
defined
] in §801.28
(a)
, of the following programs:
WIA Adults, Dislocated Workers,
and Youth
[
Title I of WIA serving adults, dislocated workers and
youth
]; Food Stamp Employment and Training
(FSE&T)
;
Temporary Assistance for Needy Families (TANF)
[
TANF
] Choices
[
activities
]; access to subsidized
child care services
[
Child Care Services
]; Wagner-Peyser Employment
Service (ES)
[
Services
]; Trade Adjustment Assistance
(TAA)
;
and
[
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
Reintegration of Offenders (Project
RIO
)
[
for ex-offenders; and access to unemployment insurance
benefits
]. Boards shall ensure that staff
is
[
be
]
available to provide
these
[
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
paragraph
[
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
[
Full Service
] Texas Workforce
Centers within twelve months of certification as a Texas Workforce Center.
Full Service
] Standards.
The Commission has established specific standards for a Texas Workforce Center
to receive
full-service
[
full service
] certification.
A Certified
Full-Service
[
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
[
Full Service
] Texas Workforce Centers shall:
measures
] taken to
minimize customer wait time in the reception area and in other areas of the
Texas Workforce Center;
the statewide job matching system,
] resume preparation tools, including
software
;
[
,
] and the Internet;
Full Service
] Texas Workforce Center;
:
] on-site management of all personnel,
a plan for cross-training staff in all services, minimal programmatic specialization
of staff,
nonduplication
[
non-duplication
] of efforts,
removal of redundancies within program activities, and maximum flexibility
to optimize utilization of resources;
memoranda
] of understanding that
sets
[
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.
as
] referenced in §801.29
of this
subchapter
[
Chapter
], relating to Limitations
on Delivery of Services, the required Texas Workforce Center Partners are
the entities that administer the following
services
in the [
local
] workforce
areas
[
development area
]:
services authorized under Title I of
] WIA
Adults, Dislocated Workers, and Youth
[
for adults, dislocated workers
and youths
];
Food Stamp Employment and Training
services
];
Temporary Assistance for Needy Families
-
] Choices [
services
];
services
];
(5)
Welfare-to-Work block grant services;
]
(6)
] Wagner-Peyser
ES
[
employment services
];
(7)
]
TAA
[
Trade Adjustment
Assistance and NAFTA/TAA services
];
(8)
] veterans' employment
and training
[
services
];
(9)
]
Adult Basic Education
[
adult education activities
];
(10)
] National Literacy Act [
services
];
(11)
]
noncertificate,
[
non-certificate
] postsecondary career and technology training;
(12)
]
Senior Community Service
Employment Program
[
Senior Texans Employment Program (STEP) services
];
(13)
]
Apprenticeship Training
Program
[
apprenticeship training
];
(14)
] National and Community
Service
[
Services
] Act;
(15)
] Project RIO [
services
for ex-offenders
]; and
(16)
] Unemployment Insurance.
chief elected official(s)
]
agree on
each
[
the
] entity's participation.
The
[
These
] entities include, but are not limited to, those
that provide:
program
] services
(for example,
the Texas Department of Assistive and Rehabilitative Services
[
Texas Rehabilitation Commission, Texas Commission for the Blind
]);
migrant
and seasonal farmworker
] employment services;
worker profiling
], and orientation to the information and services available
through the One-Stop Service Delivery Network;
whether the individuals are eligible
] for programs funded through the
Commission that are available through the One-Stop Service Delivery Network;
supportive
] service needs;
§§841.31- 841.47
] of this
title
[
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
et seq.), and providers of vocational rehabilitation program activities described
in Title I of the Rehabilitation Act of 1973 (29 U.S.C.A. §720 et seq.);
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
workforce
[
local
] area;
unemployment compensation
];
occupations
in demand
] and the earnings and skill requirements for such
jobs
[
occupations
];
supportive
] services, including child care
and transportation, available in the [
local
] workforce [
development
] area, and referral to such services, as appropriate;
Welfare-to-Work
activities,
] Choices,
FSE&T
[
Food Stamp Employment
and Training
], and programs of financial aid assistance for training
and education that are available in the
workforce
[
local
]
area; and
follow up
] services,
including counseling regarding the
workplace
[
work place
],
for
youth
participants in
WIA
[
workforce investment
] activities authorized under Chapter 841 of this
title
[
Title
], relating to
WIA
[
Workforce Investment Act
],
who are placed in unsubsidized employment, for not less than 12 months after
the first day of the employment, as appropriate.
the
] WIA §134(d)(3)
(29 U.S.C.A. §2864(d)(3)), which may include the following:
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;
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;
the
] Texas Government Code,
Chapter 2308. Training services may include the following:
occupational
] skills training, including training for nontraditional employment;
work place
] training with related instruction;
adult
education
] and literacy activities in combination with services with
activities described in
paragraphs (1) - (7)
[
(1) - (7)
]
of this
subsection
[
section
]; and
:
]
(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.).
]
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
this chapter
[
Chapter 801 of this Title, relating
to Local Workforce Development Boards
], as well as eligibility requirements
and limitations of individual programs.