40 TAC §§809.302, 809.303, 809.331, 809.332
The Texas Workforce Commission (Commission) adopts amendments
to §§809.302, 809.303, 809.331, and 809.332 relating to the Train
Our Teacher Awards without changes to the proposed rules as published in the
December 14, 2001 issue of the
Texas Register
(26 TexReg 10268). The text will not be republished.
The purposes of the adopted amendments to the Train Our Teachers (TOT)
scholarship awards are to incorporate into those rules the provisions of House
Bill (HB) 1309 enacted by the 77th Legislature, Regular Session and to address
additional changes to enhance the delivery of the award.
Definitions of "economically disadvantaged community," "low-performing
school" and "Child Care and Development Fund (CCDF) Subsidies" are added to
clarify terms required by HB 1309. The criteria selected for defining economically
disadvantaged community are based in part on a county's per capita income
that falls below the state average and in part on the counties of residence
of 1,000 or more children under 13 years of age at or below 150% of poverty.
Both criteria serve as indicators of communities that are economically disadvantaged
and are tied to low income levels of families. Using the criteria of 1,000
or more children under 13 years of age that are at or below 150% of poverty
reflects communities in which there is a greater demand and need for child
care services for more economically disadvantaged families than other communities.
The definition of low-performing school is derived from the statutory and
regulatory requirements set by the Texas Education Code and Texas Education
Agency as established in HB 1309. The definition of Child Care and Development
Fund Subsidies is a new term added by HB 1309 and is limited to those funds
derived from CCDF.
Section 809.303(4) is changed to accomplish two objectives. The first change
adds the requirement of HB 1309 that the facility in which the 18-month work
requirement is performed: (1) accept CCDF subsidies; and (2) be located in
an economically disadvantaged community or within the attendance zone of a
low-performing public school campus. The second change allows the 18-month
work requirement to begin at the time of the award. The reason for the second
change simplifies administration in tracking compliance with the requirements
of the award.
Section 809.303(3) is changed to require that an award recipient must be
employed in a child care facility that meets the HB 1309 requirements in order
to be eligible to receive a TOT award. The reason for this change is to alleviate
turnover among award recipients that, at the time the award is granted, may
be employed in facilities that do not meet the HB 1309 stipulations for the
18-month work requirement. The Commission's intent is to strengthen quality
child care by reducing staff turnover and promoting continuity in the employment
of TOT recipients, while at the same time enabling both child care teachers
and their current employers to receive the benefits of the TOT awards.
Section 809.331(c) was deleted to conform with the changes reflected in §809.303(4)
because the work requirement beginning at the time of the award would be verified
at the time of the award rather than after the completion of the educational
activities.
Section 809.332(a) adds language to conform to changes reflected in §809.303.
No comments were received on the proposed amendments.
For more information about the Commission and services available see www.texasworkforce.org.
The amendments are adopted under Texas Labor Code §301.061
and §302.002, 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 amendments affect Texas Labor Code, Chapter 302, and Texas Human Resources
Code, Chapters 31 and 44.
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 January 29, 2002.
TRD-200200536
John Moore
Assistant General Counsel
Texas Workforce Commission
Effective date: February 18, 2002
Proposal publication date: December 14, 2001
For further information, please call: (512) 463-2573