Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 847.
PROJECT RIO EMPLOYMENT ACTIVITIES AND SUPPORT SERVICES
The Texas Workforce Commission (Commission) adopts amendments to the
following sections of Chapter 847 related to Project RIO Employment Activities
and Support Services
with
changes, as published
in the April 14, 2006, issue of the
Texas Register
(31 TexReg 3228):
Subchapter A. General Provisions, §847.2 and §847.3
Subchapter B. Project RIO Job Seeker Responsibilities, §847.11 and §847.12
Subchapter C. Project RIO Services, §847.21 and §847.22
Subchapter D. Project RIO Employment Activities, §847.31
The Texas Workforce Commission (Commission) adopts amendments to the following
sections of Chapter 847 related to Project RIO Employment Activities and Support
Services
without
changes, as published in
the April 14, 2006, issue of the
Texas Register
(31
TexReg 3228):
Subchapter A. General Provisions, §847.1
Subchapter E. Project RIO Support Services, §847.41
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the adopted Chapter 847 rules changes is to:
(1) implement the direction of House Bill (HB) 2837, enacted by the 79th
Texas Legislature, Regular Session (2005), concerning Project Reintegration
of Offenders (Project RIO);
(2) modify language referencing specific divisions of the Texas Department
of Criminal Justice (TDCJ);
(3) reflect revised funding strategies to support Project RIO service provision;
and
(4) remove provisions related to Local Workforce Development Board (Board)
responsibilities for the distribution of ex-offender documents.
HB 2837 directs increased data connectivity between the Texas workforce
system and its Project RIO partners--TDCJ and the Texas Youth Commission (TYC).
Additionally, the legislation directs the Windham School District, which is
responsible for providing academic and vocational training services in TDCJ
correctional institutions, to ensure that the training provided is targeted
to current and emerging job opportunities in the Texas labor market.
Because of TDCJ's reorganization, the adopted rules remove references to
TDCJ's specific organizational divisions and replace them with the more generic
terms, TDCJ "correctional institutions" and "supervising offices."
The previous funding strategy to support Project RIO service provision
relied heavily upon co-enrolling job seekers in Food Stamp Employment and
Training (FSE&T) services. Currently, Texas Workforce Center and satellite
office staff is encouraged to enroll Project RIO job seekers in the most appropriate
employment and support services for the individual. The adopted rules reflect
that co-enrollment continues to benefit Project RIO service provision; however,
language regarding specific reliance on FSE&T has been deleted.
TDCJ has assumed responsibility for the distribution of employment documents
(e.g., Social Security cards, birth certificates, DD214s [U.S. Department
of Defense form that evidences military service and separation circumstances],
driver's licenses) upon an individual's release from incarceration. Accordingly,
the adopted rules delete the reference to Boards performing this function.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor, nonsubstantive, editorial changes are made throughout Chapter
847 that do not change the meaning of the rules and, therefore, are not discussed
in the Explanation of Individual Provisions.)
General Comment on Chapter 847
Comment: One commenter stated that the rule language is too narrowly drawn
to allow for complete integration of Project RIO services into the overall
system of workforce service delivery. The commenter recommended that the rules
allow for graduated levels of workforce services, based upon the needs and
success of job seekers in securing employment. The commenter observed that
many eligible ex-offenders and adjudicated youth fail to self-identify and,
consequently, are not recognized as having been served by the workforce system.
The commenter also stated that the rules should ensure the Texas workforce
system is recognized for the services provided to all ex-offenders and not
be limited to ex-offenders who self-identify as Project RIO eligible.
Response: The Commission agrees and, based on the comment, amends the following
sections: §§847.2, 847.3, 847.11, 847.12, 847.21, 847.22, and 847.31.
SUBCHAPTER A. GENERAL PROVISIONS
§847.1. Purpose
The Commission adopts the amendment of §847.1(a) by replacing references
to the TDCJ "State Jail Division facility" and "Institutional Division" facility
with the term TDCJ "correctional institution," both in this subsection and
throughout Chapter 847.
The Commission adopts the amendment of language in §847.1(b) to specify
that the memorandum of understanding is between the Agency, TDCJ, and TYC.
The Commission adopts the amendment of §847.1(c) to reflect new funding
strategies to support Project RIO service provision. Specific reference to
FSE&T funds is removed and replaced with a broader reference to integrating
Project RIO service provision with the full range of activities and services
available through the Texas workforce system.
§847.2. Definitions
The Commission adopts the amendment of §847.2(1)(A) by replacing the
reference to the TDCJ "Institutional Division" with the collective reference
TDCJ "correctional institution," and deleting the reference to the TDCJ "Parole
Division," referring instead to "parole" supervision by TDCJ.
The Commission adopts the deletion of §847.2(1)(B), which stipulates
the eligibility of State Jail releasees for Project RIO services. Adopted §847.2(1)(A)
defines Project RIO job seekers as releasees from all classes of TDCJ correctional
institutions. Section 847.2(1)(C) is renumbered as §847.2(1)(B).
Based on the general comment received, §847.2(2), which defines the
Job Seeker Responsibility Agreement, is deleted because the Commission believes
the provisions are more properly incorporated in §847.11 regarding job
seeker responsibilities.
The Commission adopts the amendment of §847.2(2), which defines TDCJ,
by removing references to the "Institutional, Parole, and State Jail Divisions,"
which are specific divisions of TDCJ.
The Commission adopts the amendment of §847.2(3), which defines TYC,
by expanding the definition to include TYC's responsibilities for parole operations.
The Commission adopts the deletion of §847.2(5), which defines Food
Stamp Employment and Training. The Commission has broadened its use of resources
for serving ex-offenders and adjudicated youth; therefore, it is unnecessary
to define specific services.
The Commission adopts new §847.2(4) to define the Windham School District,
which provides prerelease educational and vocational training services to
adult offenders incarcerated in TDCJ correctional institutions. This new definition
is added in response to the provisions of HB 2837 and the functions Windham
School District performs in preparing offenders for reentry into society.
§847.3. General Board Responsibilities
The Commission adopts the amendment of §847.3(a) by requiring that
individuals referred as Project RIO job seekers also include "self-referred
individuals." In addition, adopted changes to this subsection include adding
adjudicated youth as part of the service population.
Based on the general comment received, the Commission adds language in
subsection §847.3(a) to require that Boards determine the level of staff
assistance that Project RIO job seekers need in order to obtain employment.
The Commission also adds that Boards may provide graduated levels of service--beginning
with Project RIO job seekers receiving core services such as self-directed
job search--and increasing the intensity of service for those who need staff
assistance to become employed. The Commission further adds that Boards offering
graduated services must "ensure Project RIO job seekers who are unable to
secure employment through core services are provided with intensive or training
services to assist them in obtaining suitable employment." The Commission
cautions Boards to closely examine the needs of ex-offenders. This population
may have additional barriers to obtaining employment that require staff assistance,
and Boards must ensure that Project RIO job seekers are not placed in core
services indefinitely if there is no progress in obtaining employment.
The Commission adopts the amendment of §847.3(b) by replacing "General
Equivalency Diploma" with "General Educational Development (GED) credential."
The Commission adopts the amendment of §847.3(c)(1), Parole Supervising
Offices, by replacing references to "Parole Division" with "TDCJ or TYC,"
and replacing references to "TDCJ Parole Offices" with "supervising office."
The Commission adopts the amendment of §847.3(c)(2), TDCJ Institutional
Division, by retitling the paragraph "Correctional Institutions," which provides
a collective reference for TDCJ divisions. Further, the Commission adopts
the incorporation of coordination with TYC correctional institutions, as this
process is essentially similar to that required of TDCJ correctional institutions.
The Commission also adopts the amendment of §847.3(c)(2) by removing
the requirement to provide results of Project RIO services to the TDCJ Institutional
Division. The Commission believes that this information is more properly provided
to the supervising office as set forth in §847.3(c)(1).
The Commission adopts the deletion of §847.3(c)(3), TDCJ State Jail
Division. Adopted §847.3(c)(2) includes the TDCJ State Jail Division
in the collective term "correctional institutions."
Based on the general comment received, the Commission clarifies in §847.3(c)(2)
that "Texas Workforce Center staff who are assisting Project RIO job seekers"
must coordinate the provision of Project RIO services with TDCJ and TYC correctional
institutions. If a Project RIO job seeker self-refers and Texas Workforce
Center staff is unaware that the job seeker is Project RIO eligible, Texas
Workforce Center staff will be unable to establish this coordination.
HB 2837 requires the coordination of educational and vocational training
efforts conducted by Windham School District and prioritizes efforts to assist
ex-offenders in securing employment related to their prerelease training.
The Commission adopts new §847.3(c)(3), Windham School District, which
states that Boards must coordinate on an ongoing and continuing basis with
the Windham School District by providing labor market information for their
local workforce development area, including current and emerging jobs.
Based on the general comment received, the Commission further specifies
in §847.3(c)(3) that Boards must "ensure that Texas Workforce Center
staff who are assisting Project RIO job seekers" include in the Project RIO
job seeker's Individual Employment Plan (IEP), if required, the education
and training received during incarceration.
The Commission adopts the deletion of §847.3(c)(4) relating to coordination
with TYC Offices. Adopted §847.3(c)(1) and §847.3(c)(2) set forth
the coordination requirements with TYC correctional institutions and parole
offices; therefore, §847.3(c)(4) is no longer necessary.
The Commission adopts new §847.3(c)(4), which requires the development
of memoranda of understanding between Boards, TDCJ, TYC, and the Windham School
District pursuant to Project RIO service provision. Currently, this requirement
is contained in the Agency's funding instruments used to support TDCJ, TYC,
and Board Project RIO services. The adopted new paragraph requires, at a minimum,
that the memoranda of understanding must include referral coordination, progress
reporting, and the provision of labor market information to the Windham School
District.
Based on the general comment received, the Commission adds in §847.3(d)
that a Board's service delivery strategies may include the provision of graduated
core, intensive, and training services. The level of service, and the length
of time a Project RIO job seeker receives the service, depends on the Project
RIO job seeker's needs and the level of staff assistance required.
The Commission adopts the amendment of §847.3(d)(1) by removing the
specific references to "WIA Adult and Youth services and Food Stamp Employment
and Training (FSE&T)" services. The Commission's intent is to integrate
Project RIO services with all services available through the Texas Workforce
Centers.
The Commission adopts the deletion of §847.3(d)(2), which requires
that Boards route employment documents, such as birth certificates and Social
Security cards, secured by TDCJ and TYC during incarceration to ex-offenders.
TDCJ and TYC have assumed this responsibility; therefore, it is no longer
a requirement of the Boards.
Section 847.3(d)(3), stipulating establishment of a parole point of contact,
is renumbered as §847.3(d)(2). The Commission adopts the replacement
of the reference to "the TDCJ Parole Division and the TYC" with the collective
reference "TDCJ and TYC supervising offices."
Section 847.3(d)(4), stipulating outreach of Project RIO job seekers at
TDCJ and TYC facilities, is renumbered as §847.3(d)(3). The Commission
adopts the replacement of the references to TDCJ "Parole Division" and TYC
"facilities" with the collective reference "TDCJ and TYC supervising offices."
Section 847.3(d)(5), stipulating Board participation in TDCJ job fairs/career
days, is renumbered as §847.3(d)(4). The Commission adopts the amendment
of this paragraph by adding participation in TYC job fairs/career days and
using the collective reference to "correctional institutions."
Section 847.3(d)(6), stipulating the use of reporting and document management
systems, is renumbered as §847.3(d)(5). The Commission adopts the amendment
of this paragraph to require the timely reporting of data reflecting Project
RIO service provision in order to ensure that the charge of HB 2837 is addressed.
Section 847.3(d)(7) and §847.3(d)(8) are renumbered as §847.3(d)(6)
and §847.3(d)(7), respectively.
Based on the general comment received, the Commission deletes the reference
to the job seeker Responsibility Agreement in §847.3(e)(3) because of
its deletion from this chapter. In addition, the Commission clarifies that
Boards shall ensure progress toward achieving "employment," as well as any
goals or objectives set forth in the IEP. The Commission believes this clarification
is necessary because not all Project RIO job seekers have IEPs. However, regardless
of whether a Project RIO job seeker has an IEP, Boards must ensure that Texas
Workforce Center staff overseeing Project RIO job seekers monitors the job
seekers' success in moving toward employment.
The Commission adopts the amendment of §847.3(f) by changing the paragraph
title from "TDCJ Notice" to "TDCJ and TYC Notice," thereby including notice
to TYC. Additionally, the collective term "supervising office" replaces the
specific reference to "TDCJ Parole Division."
Based on the general comment received, the Commission deletes the reference
to the job seeker Responsibility Agreement in §847.3(f). Boards must
ensure that Texas Workforce Center staff continue to notify TDCJ or TYC when
staff become aware of a Project RIO job seeker's failure to comply with any
of the job seeker responsibilities set forth in §847.11 of this chapter.
Section 847.3(h) required that employment referrals regarding adjudicated
youth be confidential. The Commission adopts expanding the requirement to
state that all information related to the adjudicated status of a youth must
be confidential and must not be disclosed to other entities or individuals.
Based on the general comment received, the Commission deletes the reference
to the job seeker Responsibility Agreement. All of the provisions of the Responsibility
Agreement contained are now included in §847.11 regarding job seeker
responsibilities. The Commission believes it is more effective to provide
Boards the flexibility to determine the most appropriate method for informing
Project RIO job seekers of their responsibilities.
SUBCHAPTER B. PROJECT RIO JOB SEEKER RESPONSIBILITIES
§847.11. Job Seeker Responsibilities
Based on the general comment received, the Commission removes the requirements
previously set forth in the job seeker Responsibility Agreement, such as compliance
with the IEP, which are now included in §847.11. While Project RIO job
seekers are no longer required to sign a job seeker Responsibility Agreement,
Boards must ensure that Project RIO job seekers are aware of their participation
responsibilities, and that failure to comply will be reported to TDCJ or TYC
when Texas Workforce Center staff becomes aware of a failure to comply.
The Commission adopts the deletion of §847.11(1), which requires that
Project RIO job seekers complete and sign an application for food stamp benefits.
The adopted deletion of this requirement reflects the change in funding strategies
used to support Project RIO service provision. While the referral of most
Project RIO job seekers to the Texas Health and Human Services Commission
(HHSC) for food stamp assistance is appropriate, the language in rule is no
longer necessary because the funding strategies do not explicitly rely upon
FSE&T resources.
Sections 847.11(3) - 847.11(8) are renumbered as §§847.11(1)
- 847.11(7), respectively.
Comment: One commenter stated that the use of the term "drug-free" was
too encompassing and might be construed to include non-controlled substances
such as tobacco and caffeine. The commenter suggested that language such as
"drug free as evidenced by drug testing" be included in the rule.
Response: The Commission disagrees and believes the term drug-free commonly
refers to the absence of alcohol and illicit drug abuse, and its use in this
context is appropriate. The term drug-free is not intended to imply required
drug testing, but rather to require that Project RIO job seekers do not use,
sell, or possess controlled substances or abuse alcohol.
§847.12. Job Seeker Failure to Comply
The Commission adopts the amendment of §847.12 by deleting the phrase
"referred by TDCJ Parole Division" because not all job seekers are referred
by supervising offices. Further, the Commission adopts the amendment of §847.12
by replacing the specific reference to the "TDCJ Parole Division" and including
the requirement that the "TDCJ or TYC supervising office" be notified.
Based on the general comment received, the Commission further specifies
that a Project RIO job seeker who fails to comply with §847.11, Job Seeker
Responsibilities, including the IEP, may be determined ineligible to receive
Project RIO services, and TDCJ and TYC shall be informed when Texas Workforce
Center staff becomes aware of a failure to comply.
SUBCHAPTER C. PROJECT RIO SERVICES
§847.21. Job Seeker Assessment
Based on the general comment received, the Commission adds language in §847.21(a)
to specify that initial and ongoing assessments must be performed if Texas
Workforce Center staff is providing intensive or training services to Project
RIO job seekers. In addition, the Commission modifies §847.21(b) to clarify
that if a Project RIO job seeker is unable to secure employment through core
services, Texas Workforce Center staff must provide a knowledge, skills, and
abilities assessment to assist the Project RIO job seeker in obtaining employment.
In addition, the Commission adopts the amendment of §847.21(b)(4)
by replacing the reference to parole "officer" with "office." The Commission
believes that this information is more properly coordinated with the supervising
office as set forth in §847.3(c)(1).
Comment: One commenter stated that the rules do not require formal assessments
to be administered and that informal assessments should not be solely relied
upon. The commenter further stated that assessments should be used to gauge
whether appropriate referrals and services are being offered to Project RIO
job seekers.
Response: The Commission disagrees and believes the rules strengthen the
requirement that Project RIO service provision incorporates a comprehensive
assessment of job seekers' training, work experience, and barriers to employment,
leading to the development of an IEP. The assessment must carefully consider
and incorporate the impact of occupational licensing standards, statutory
limitations on employment, and conditions of parole to ensure that appropriate
employment referrals are made. The rules do not require the use of a specific
assessment product or process because the Commission believes it will negatively
impact each Board's flexibility in designing and administering workforce services.
The Commission believes that assessments should be used to gauge whether
appropriate referrals and services are being provided to Project RIO job seekers.
The assessment process results in the identification of the necessary services
and activities needed to move the job seeker into employment and should be
used by Boards to evaluate whether Project RIO services are provided in the
most efficient manner.
§847.22. Job Seeker Individual Employment Plan
Based on the general comment received, the Commission further specifies
that IEPs shall be developed for Project RIO job seekers who are unable to
secure employment through core services.
The Commission adopts the amendment of §847.22(1) by changing the
reference to TDCJ or TYC "facility" to the collective reference "correctional
institution."
The Commission adopts the amendment of §847.22(4) by changing the
reference to TYC "facility" to the collective reference "correctional institution."
SUBCHAPTER D. PROJECT RIO EMPLOYMENT ACTIVITIES
§847.31. Employment Activities for Project RIO Job Seekers
Based on the general comment received, the Commission clarifies in §847.31(a)
that Project RIO job seekers may receive graduated services. In addition,
the Commission specifies in §847.31(b) that "Boards may provide self-directed
or staff-assisted" job search and job readiness services.
The Commission adopts the deletion of §847.31(a)(1) because the funding
strategy used to support Project RIO services has changed from an explicit
reliance on FSE&T resources to one in which Project RIO job seekers have
access to the full range of employment and training activities provided by
the Texas workforce system; therefore, this paragraph is no longer necessary.
Additionally, the Commission adopts the removal of §847.31(a)(2) and
incorporates the text in §847.31(b). Sections 847.31(a)(2)(A) - 847.31(a)(2)(G)
are renumbered as §§847.31(a)(1) - 847.31(a)(7).
Based on the general comment received, the Commission clarifies in §847.31(c)
that if staff-assisted job search services are being provided, staff-assisted
referrals shall be based on the Project RIO job seekers' skills, abilities,
and conditions of release.
The Commission adopts the replacement of the term "officer" with "office"
in §847.31(c)(1). The Commission also adopts the reordering of the language
in §847.31(d) for better clarity.
SUBCHAPTER E. PROJECT RIO SUPPORT SERVICES
§847.41. Provision of Project RIO Support Services
The Commission adopts the amendment of §847.41(a) by specifying that
post-employment needs are included as an allowable support service.
Comments were received from:
Hector Marquez, Texas Department of Criminal Justice, Parole Division
Laurie Bouillion Larrea, Dallas County Workforce Development Board, d/b/a
Work Source for Dallas County
Subchapter A. GENERAL PROVISIONS
40 TAC §§847.1 - 847.3
The rules are adopted 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 adopted rules will affect Texas Labor Code, particularly Chapters 301
and 302, as well as Texas Education Code, Chapter 19; Texas Labor Code, Chapter
306; and Texas Government Code, Chapter 552.
§847.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Project RIO job seeker--an individual involved with the
Texas criminal or juvenile justice systems that may include the following:
(A)
Adults who were sentenced to a TDCJ correctional institution,
and are within one year after their release from incarceration, or are currently
under or within one year of completion of their term of parole supervision
by TDCJ; and
(B)
Adjudicated youth ages 16 through 21, seeking employment
activities and support services, who were formerly confined in a TYC correctional
institution.
(2)
TDCJ--the Texas Department of Criminal Justice is the state
agency that manages the overall operations of the state's prison, parole,
and state jail systems.
(3)
TYC--the Texas Youth Commission is the state's juvenile
corrections agency that manages the overall operations of the state's youth
correctional institutions and parole operations.
(4)
Windham School District--the school district that is responsible
for providing academic as well as career and technology education to eligible
offenders incarcerated in TDCJ correctional institutions.
§847.3.General Board Responsibilities.
(a)
Role of Boards. A Board shall ensure that Project RIO job
seekers (i.e., individuals referred by TDCJ and TYC, as well as self-referred
individuals) participate in employment activities and support services, as
appropriate. Boards shall determine the level of staff assistance that Project
RIO job seekers require to assist them in obtaining employment. Boards may
provide graduated levels of workforce services, as defined in §801.28
of this title, based upon the job seekers' needs. Boards providing graduated
services shall ensure Project RIO job seekers who are unable to secure employment
through the provision of core services are provided with intensive or training
services to assist them in obtaining suitable employment. The employment activities
and support services, as defined in this chapter, should meet the needs of
local employers, prepare Project RIO job seekers to compete in the labor market,
and assist ex-offenders and adjudicated youth in obtaining employment.
(b)
Board Planning. A Board shall develop, amend, and modify
its Integrated Plan to incorporate and coordinate the design and management
of the delivery of Project RIO employment activities and support services
with the delivery of other workforce employment, training, and educational
services identified in Texas Government Code §2308.251 et seq., Texas
Government Code §2308.312 et seq., as well as other employment and training
services included in the One-Stop Service Delivery Network as set forth in
Chapter 801 of this title. The Commission's intent is to assist Project RIO
job seekers with securing employment as quickly as possible; however, Project
RIO - Youth may need basic skills training and education to secure employment.
Specifically, Boards shall consider integration with WIA Youth services or
other funding sources, as appropriate, for assisting Project RIO - Youth with
obtaining the basic General Educational Development (GED) credential or basic
skills training.
(c)
Board Coordination. The Boards shall coordinate with the
following entities to ensure the transition to employment of Project RIO job
seekers:
(1)
Parole Supervising Offices. A Board shall coordinate the
provision of Project RIO employment activities and support services with the
referring TDCJ or TYC supervising office. This coordination shall ensure that
the supervising office is made aware of the results of the initial referral
for Project RIO services, as well as periodic updates on program participation
status as determined appropriate for the individual.
(2)
Correctional Institutions. A Board shall ensure that Texas
Workforce Center staff who are assisting Project RIO job seekers coordinate
the provision of Project RIO employment activities and support services with
TDCJ and TYC correctional institutions by utilizing the data and resources
developed prior to the offender's or adjudicated youth's release. This coordination
shall ensure that post-release Project RIO activities and services build upon
and complement the services provided in the correctional institutions.
(3)
Windham School District. Boards shall coordinate on an
ongoing and continuing basis with Windham School District by providing labor
market information related to their local workforce development area (workforce
area), including current and emerging jobs, in order that Windham School District
may better meet the needs of Texas employers through education and training
services. Additionally, Boards shall ensure that Texas Workforce Center staff
who are assisting Project RIO job seekers fully incorporate in Project RIO
job seekers' Individual Employment Plans (IEPs), as set forth in §847.22
of this chapter, the education and training received during incarceration
in order to maximize employment referrals that are directly related to that
education and training.
(4)
Memoranda of Understanding. Pursuant to coordination efforts,
Boards shall develop memoranda of understanding with TDCJ, TYC, and the Windham
School District establishing the systems, structures, and processes for the
provision of Project RIO services. The memoranda of understanding must include,
but are not limited to, procedures for the following activities:
(A)
Referral coordination for parolees or adjudicated youth;
(B)
Progress reporting related to job seeker status and services
received; and
(C)
The provision of labor market information to the Windham
School District.
(5)
Other Partners. For the purposes of ensuring that Project
RIO job seekers have the necessary support services available to them to enable
successful entry into the labor force, a Board shall develop cooperative agreements
and service arrangements meeting the requirements of Texas Labor Code §306.007(a).
(d)
Service Delivery Strategies. A Board shall develop a Project
RIO Service Delivery Strategy, which may include the provision of graduated
levels of workforce services, as set forth in §801.28 of this title,
based upon the needs of Project RIO job seekers. Boards shall provide intensive
or training services, as appropriate, to Project RIO job seekers who receive
core services but were unable to secure employment. Boards shall fully incorporate
and ensure the following additional elements:
(1)
The efficient delivery and linkage of Project RIO employment
activities and support services within the workforce area's One-Stop Service
Delivery Network with other employment and training services funded through
the Texas Workforce Centers;
(2)
A point of contact for TDCJ and TYC supervising offices
to facilitate the exchange of information regarding the Project RIO job seeker's
progress toward securing employment and related participation information;
(3)
The outreach of Project RIO job seekers at TDCJ and TYC
supervising offices;
(4)
The participation of the One-Stop Service Delivery Network
in job fairs/career days held in TDCJ and TYC correctional institutions;
(5)
The timely and accurate reporting of data reflecting Project
RIO service provision as well as the status of referrals for service;
(6)
All performance standards are met, as developed by the
Commission; and
(7)
The performance of any other duties, as required by the
Commission, necessary to implement the intent of Texas Labor Code, Chapter
306.
(e)
Access to Project RIO Employment Activities and Support
Services. A Board shall ensure that the oversight and monitoring of program
requirements and participant activities occur on an ongoing basis, as determined
appropriate by the Board, and consist of the following:
(1)
tracking and reporting, as required by the Commission,
of employment activities and support services, including appropriate data
relating to referrals, placements, specialized on-the-job training, and completion
of training, such as GED completion, college credit and noncredit course accomplishments,
or other data, as applicable;
(2)
determining and arranging for any referrals to support
services needed to assist the Project RIO job seeker in complying with Project
RIO employment activities to address barriers to employment; and
(3)
ensuring progress toward achieving employment and the goals
and objectives in the Project RIO job seeker's IEP, as set forth in §847.22
of this chapter.
(f)
TDCJ and TYC Notice. A Board shall ensure that notification
to the supervising office is made in a timely manner if Texas Workforce Center
staff becomes aware of a job seeker's failure to comply with the job seeker
responsibilities, as set forth in §847.11 of this chapter.
(g)
Employer Notice. A Board shall ensure that employers are
informed at the time of the employment referral of the Project RIO job seeker's
status as an ex-offender and the availability of Work Opportunity Tax Credits
and fidelity bonding services.
(h)
Youth Confidentiality. All information regarding the adjudicated
status of a youth shall be held in strict confidence and shall not be disclosed
to any other entity or person. A Board shall ensure that employment referrals
for adjudicated youth are made in accordance with the confidentiality requirements
set forth in state statutes, state rules, and Commission policies.
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 June 5, 2006.
TRD-200603042
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Effective date: June 25, 2006
Proposal publication date: April 14, 2006
For further information, please call: (512) 475-0829
40 TAC §847.11, §847.12
The rules are adopted 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 adopted rules will affect Texas Labor Code, particularly Chapters 301
and 302, as well as Texas Education Code, Chapter 19; Texas Labor Code, Chapter
306; and Texas Government Code, Chapter 552.
§847.11.Job Seeker Responsibilities.
A Board shall ensure that Texas Workforce Center staff who are assisting
Project RIO job seekers make Project RIO job seekers aware of the requirement
to comply with the following provisions:
(1)
participate in employment activities as described in §847.31
of this chapter;
(2)
comply with the IEP, as set forth in §847.22 of this
chapter;
(3)
attend scheduled Project RIO appointments;
(4)
notify the Texas Workforce Center, or the Board's designated
service provider, upon securing employment;
(5)
participate in or receive support services as described
in §847.22 and §847.41 of this chapter, necessary to enable the
Project RIO job seekers to work or participate in employment activities, including
counseling, treatment, and vocational or physical rehabilitation;
(6)
be free of outstanding warrants and not in pre-revocation
status; and
(7)
be drug-free and comply with other terms or conditions
of parole.
§847.12.Job Seeker Failure to Comply.
Project RIO job seekers who fail to meet the job seeker responsibilities,
as set forth in §847.11 of this subchapter, may be deemed ineligible
for Project RIO employment activities and support services, and such participation
status shall be reported to the TDCJ or TYC supervising office when Texas
Workforce Center staff becomes aware of a failure to comply. Failure to comply,
as determined by the Texas Workforce Center, or the Board's designated service
provider, includes but is not limited to:
(1)
failing to report for two scheduled interviews;
(2)
turning down a position of employment that is consistent
with the skills possessed by the Project RIO job seeker;
(3)
quitting an employment activity without cause; or
(4)
being terminated from a job for misconduct.
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 June 5, 2006.
TRD-200603043
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Effective date: June 25, 2006
Proposal publication date: April 14, 2006
For further information, please call: (512) 475-0829
40 TAC §847.21, §847.22
The rules are adopted 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 adopted rules will affect Texas Labor Code, particularly Chapters 301
and 302, as well as Texas Education Code, Chapter 19; Texas Labor Code, Chapter
306; and Texas Government Code, Chapter 552.
§847.21.Job Seeker Assessment.
(a)
Boards shall ensure that Texas Workforce Center staff who
are providing intensive or training services to Project RIO job seekers perform
initial and ongoing assessments to determine the employability and retention
needs of Project RIO job seekers.
(b)
Project RIO job seekers who are unable to secure employment
through core services shall receive an assessment of their knowledge, skills,
and abilities as well as potential barriers to securing and retaining employment,
such as:
(1)
information identified in the assessments provided by agency
partners, which includes background information relating to education and
vocational skills training obtained while incarcerated, employment history,
academic achievements, and past skills attainments;
(2)
other skills and abilities, employment, and educational
history in relation to employers' workforce needs in the local labor market;
(3)
support services needs; and
(4)
family circumstances that may affect participation, including
the existence of domestic violence, substance abuse, and mental illness, or
the need for parenting skills training, which, if identified, may require
coordination through the parole or contracted parole office, as one of the
factors considered in evaluating employability.
(c)
Assessments, as set forth in subsection 847.21(b) of this
section, shall result in the development of an IEP, as described in §847.22
of this subchapter.
§847.22.Job Seeker Individual Employment Plan.
Boards shall ensure that Texas Workforce Center staff develops IEPs
for Project RIO job seekers who are unable to secure employment through core
services, documents that Project RIO job seekers have been informed of their
job seeker responsibilities, and that IEPs:
(1)
incorporate information provided by the referring agency
partner, including any IEPs provided while in a TDCJ or TYC correctional institution;
(2)
identify and coordinate the provision of services available
through the Texas Workforce Centers;
(3)
are based on assessments, as described in §847.21
of this subchapter;
(4)
contain any prevocational goals established for Project
RIO - Youth participants while in a TYC correctional institution;
(5)
contain employment goals to meet the needs of the local
labor market;
(6)
allow Project RIO job seekers to find and secure employment
that utilizes their skills;
(7)
meet the needs of employers by linking and matching the
skills of Project RIO job seekers to the job-skills requirements of the employers;
(8)
include strategies for addressing barriers identified in
the assessment; and
(9)
are signed by the Project RIO job seekers.
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 June 5, 2006.
TRD-200603044
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Effective date: June 25, 2006
Proposal publication date: April 14, 2006
For further information, please call: (512) 475-0829
Subchapter B. PROJECT RIO JOB SEEKER RESPONSIBILITIES
Subchapter C. PROJECT RIO SERVICES
Subchapter D. PROJECT RIO EMPLOYMENT ACTIVITIES