40 TAC §§809.301-809.304, 809.311-809.314, 809.331, 809.332
The Texas Workforce Commission (Commission) adopts new §§809.301,
809.303, 809.304, 809.311-809.314, 809.331 and 809.332, concerning Train Our
Teachers (TOT) awards, without changes and §809.302 with changes to the
proposed text as published in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9982).
The purpose of the new rules is to implement the provisions of House Bill
2609, (76th Legislature, Regular Session, 1999), relating to the TOT awards
by providing guidelines and procedures for the application, distribution and
administration of the awards and repayment of funds upon failure to meet the
law's post-education requirements.
Comments were received from the Coastal Bend Local Workforce Development
Board (LWDB), the Upper Rio Grande LWDB, and the North Central LWDB. Two of
the commenters supported the rules and requested clarification of some aspects
of the rules. One commenter opposed the rules.
Comment: One commenter supported the purpose and goal of the TOT program
and the Commission's effort to raise the professional level of child care
providers and teachers. The commenter also supported the criteria for eligibility
and the allowable expenditures stipulated in the proposed rules, the proposed
methodology for administering the program, and the Commission's approach to
holding recipients accountable to their work obligation through a signed contract.
Response: The Commission agrees that raising the knowledge base and professional
skills of child care teachers and providers is critical to the State's commitment
to improve the quality of child care services. The Commission appreciates
the commenter's support of the proposed eligibility criteria, allowable expenditures,
method of administration, and provisions for promoting personal responsibility
on the part of award recipients.
Comment: One commenter stated that tracking applicants would be a difficult
task. Experience with current grant monies for other programs has shown problems
in keeping applicants committed to their agreements.
Response: The Commission agrees with the commenter that tracking recipients
will be a formidable task and has established reporting and tracking procedures
specifically for the TOT program. The Commission supports personal responsibility
and intends for the award recipients to fulfill the work obligation stipulated
in their individual TOT contracts. Procedures are established to recoup funds
from recipients who fail to do so.
Comment: One commenter objected to the Commission's decision to administer
the program centrally from the State Office. The commenter stated the LWDBs
could better administer the program because they already have in place the
mechanisms to administer the funds expeditiously. The commenter cited the
Workforce and Economic Competitiveness Act which gives the LWDBs responsibility
for planning and oversight of workforce training programs. In order to fulfill
that mission, the commenter stated that it is essential for the LWDBs to have
control over local workforce services and for the TOT funds to be allocated
to and administered by the LWDBs.
Response: The Commission disagrees with the commenter regarding the most
expeditious way to administer the TOT program. Given the unknown cost of administering
a new program and the uncertain commitment of the Legislature with regard
to funding this initiative beyond the current biennium, the Commission believes
it is best to administer this program centrally.
Background: The intent of the Legislature in promulgating House Bill 2609,
and the Commission in implementing the new law, is to address both the quality
and availability of child care by providing an incentive for retaining trained
workers in the child care profession, thus allowing child care providers to
retain qualified staff and reduce turnover. The awards will help defray tuition
and other related costs for child care teachers and workers pursuing credentials
or degrees in child development. The opportunity to obtain professional credentials
or degrees is also expected to attract new workers to the child care profession.
The intent of the Legislature and the Commission is also to help raise
the professional level of child care workers in a maximum number of facilities
across the state. The new law and the rules help to increase the availability
of qualified professional child care workers and ensure that certain child
care facilities, as defined under Section 42.002 of the Texas Human Resources
Code, will have continued access to the services of these qualified professional
child care workers.
The Commission researched methods of implementing the new law and on September
9, 1999, received input from a number of stakeholders while developing these
rules. Stakeholders included representatives of the following: the Legislature,
the LWDBs, child care contractors, early childhood development programs, the
national child care information clearinghouse, community colleges that award
child care professional credentials, interested state agencies, child care
providers and others.
Issues discussed by the stakeholders included: administration, scope, eligibility
criteria, payment methods, eligible expenses, credential costs, methods of
repayment and recoupment of awards. The Commission requested additional input
from the LWDBs at a meeting held on September 16, 1999, and through a conference
call on October 8, 1999.
With funds available for the Train Our Teachers Award for the FY 2000 -
2001 biennium limited to $2 million, the Commission has determined that the
funds shall be used primarily for expenditures associated with obtaining professional
child care training and credentials. The Commission further believes that
because of the funding limitation, central administration will promote economies
of scale in implementation of the TOT program. As a result, more funds will
be available to train child care professionals, enhancing the quality of child
care services as well as increasing the number of child care teachers and
workers available to meet a critical demand in the labor market.
The rules are designed to implement legislation that brings to the forefront
the importance of the quality of care for Texas' youngest residents and future
workforce. The Commission anticipates that the TOT awards will directly benefit
not only child care workers and their employers, but also the children of
parents who are working or attending education or training, as well as the
parents themselves.
The new rules are adopted under Texas Labor Code, §301.061,
which provides the Commission with the authority to adopt, amend or repeal
such rules as it deems necessary for the effective administration of the Commission's
programs, and adopted under House Bill 2609 (76th Legislature, Regular Session,
1999), which amends Chapter 302 of the Texas Labor Code by adding § 302.006.
§809.302.Definitions.
In addition to the definitions contained in §809.2 of this title
(relating to Definitions), the following words and terms, when used in this
subchapter, shall have the following meanings unless the context clearly indicates
otherwise.
(1)
Applicant -- A person applying for a Child Care Train Our
Teachers award.
(2)
Award -- Child Care Train Our Teachers award funds,
up to a maximum of $1,000 per award recipient, provided pursuant to Texas
Labor Code § 302.006 and this chapter.
(3)
Certified Child Care Professional (CCP) -- A nationally
recognized child care credential that is awarded by the National Child Care
Association, Inc.
(4)
Child care facility -- licensed, registered, or accredited
child care facility as defined by Section 42.002, Human Resource Code excluding
those facilities listed in Section 42.041(b), Texas Human Resources Code.
(5)
Child Development Associate (CDA) -- A nationally
recognized child care credential that is awarded by The Council for Early
Childhood Professional Recognition.
(6)
Director -- The executive director of the Texas Workforce
Commission or the executive director's designee.
(7)
Level one certificate -- A level one certificate in
the area of child development or early childhood education from a public or
private institution of higher education.
(8)
Public or private institution of higher education
-- An entity as defined in Texas Education Code §61.003(15).
(9)
Recipient -- A person determined to be eligible who
has been granted a Child Care Train Our Teachers award and has executed a
contract with the Commission for purposes of receiving an award.
(10)
Satisfactory completion -- Completion of the educational
activity with at least a "C" average for which a recipient received an award.
(11)
Satisfactory progress -- Maintenance of an average
grade of at least a "C" in an educational activity by a recipient as referenced
in §809.331(a) of this chapter (relating to Recipient Responsibilities.
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 December
21, 1999.
TRD-9908929
J. Ferris Duhon
Assistant General Counsel
Texas Workforce Commission
Effective date: January 10, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8812