reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter A - GENERAL PROVISIONS › Section 805.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules contained in this chapter may
				  be cited as the Adult Education and Literacy (AEL) rules.
(b) The purpose of the AEL programs is to
				  provide adults with sufficient academic instruction and education services
				  below the postsecondary level to increase an individual's ability to :
(1) read, write, and speak in English and
				  perform mathematics or other activities necessary for the attainment of a
				  secondary school diploma or its recognized equivalent ;
(2) participate in job training and
				  retraining programs or transition to postsecondary education and training;
				  and
(3) obtain and retain
				  employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter A - GENERAL PROVISIONS › Section 805.3 - Federal and State AEL Funds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Federal AEL funds may be used for AEL programs for individuals who have
				  attained 16 years of age and who are not enrolled or required to be enrolled in
				  secondary school under state law and:
(1) are
				  basic skills deficient ;
(2) do not
				  have a secondary school diploma or its recognized equivalent, and have not
				  achieved an equivalent level of education; or
(3) are English language learners .
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter A - GENERAL PROVISIONS › Section 805.4 - Essential Program Components

Current through Reg. 49, No. 28; July 12, 2024
An AEL grant recipient shall ensure that essential program
					 components are provided, as outlined in the grant application for statewide AEL
					 funds, which include:
(1) Adult
				  education;
(2) Literacy;
(3) Workplace adult education and literacy
				  activities;
(4) Family literacy
				  activities;
(5) English language
				  acquisition services;
(6)
				  Integrated English literacy and civics education;
(7) Workforce preparation activities, which
				  includes digital literacy skills;
(8) Integrated education and
				  training;
(9) Assessment and
				  guidance services related to paragraphs (1) - (8) of this section; or
(10) Collaboration with multiple partners in
				  the community to expand the services available to adult learners and to prevent
				  duplication of services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter B - STAFF QUALIFICATIONS › Section 805.21 - Staff Qualifications and Training

Current through Reg. 49, No. 28; July 12, 2024
The requirements of this section shall apply to all AEL
					 staff, excluding clerical and janitorial staff.
(1) AEL instructional aides, administrative,
				  data entry, proctoring staff, and staff providing support or employment
				  services to students shall have at least a high school diploma or high school
				  equivalency certificate.
(2) AEL
				  directors, supervisors, and staff that oversee program assessment services
				  and/or overall program accountability, and instructors in the content areas of
				  reading, writing, mathematics, and English language acquisition, including
				  substitutes, shall possess at least a bachelor's degree.
(3) Workforce training instructors must meet
				  the requirements of the institution and/or the associated accrediting or
				  credentialing entity, if applicable.
(4) Requests for exemptions for staff
				  qualification requirements in individual cases:
(A) may be submitted to the Agency for
				  approval with a justification outlining extenuating circumstances;
				  and
(B) shall be submitted and
				  approved prior to an individual being placed in the position in
				  question.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter C - SERVICE DELIVERY STRUCTURE AND ALIGNMENT › Section 805.41 - Procurement and Contracting

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible grant
				  recipients shall compete for funding through a statewide procurement process
				  conducted in accordance with federal and state procurement requirements. AEL
				  funding shall be allocated as set forth in §
										800.68 and §
										800.69 of this title.
(b) Eligible grant recipients shall apply
				  directly to the Agency using the grant solicitation process, and shall meet all
				  deadlines, requirements, and guidelines set forth in the grant
				  solicitation.
(c) Contracts awarded
				  to AEL grant recipients shall be multiyear, at the Commission's discretion. In
				  considering a renewal, the Commission shall take into account performance and
				  other factors.
(1) Renewals for years three
				  and beyond are not automatic, and are based on meeting or exceeding performance
				  and expenditure benchmarks, or other factors as determined by the
				  Commission.
(2) The Agency shall
				  conduct a new competitive statewide procurement at its discretion and when
				  appropriate to ensure that providers can effectively develop, implement, and
				  improve AEL services and programs within the state.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter C - SERVICE DELIVERY STRUCTURE AND ALIGNMENT › Section 805.42 - Program Delivery System

Current through Reg. 49, No. 28; July 12, 2024
(a) There
				  shall be a statewide AEL program delivery system that provides AEL services on
				  a coordinated basis within each workforce area.
(b) An eligible grant recipient must apply
				  directly to the Agency for AEL funding.
(c) Each eligible grant recipient must
				  demonstrate an ability to:
(1) plan and
				  develop a service delivery strategy that includes a broad analysis of the
				  educational, economic, and workforce development trends across the entire
				  workforce area to provide eligible AEL students with comprehensive and locally
				  responsive services; and
(2)
				  expand, improve, and coordinate delivery of education, workforce training,
				  workforce development, and support services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter C - SERVICE DELIVERY STRUCTURE AND ALIGNMENT › Section 805.43 - AEL Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall establish a statewide AEL advisory
					 committee, composed of no more than nine members appointed by the
					 Commission.
(1) Committee members
				  shall:
(A) have AEL expertise and may include
				  adult educators, providers, advocates, current or former AEL students, and
				  leaders in the nonprofit community engaged in literacy promotion
				  efforts;
(B) include at least one
				  representative of the business community and at least one representative of a
				  Local Workforce Development Board; and
(C) serve for two-year terms. The Commission
				  shall provide direction when appointing a member to an additional
				  term.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter C - SERVICE DELIVERY STRUCTURE AND ALIGNMENT › Section 805.44 - Match Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) AEL grant
				  recipients shall provide and document any cash or in-kind match. The match
				  shall be met using nonfederal (i.e., local or state) sources.
(b) The cash or in-kind match may be obtained
				  from any state or local source that is fairly evaluated, excluding any sources
				  of federal funds.
(c) The match may
				  include allowable costs, including the following:
(1) Goods and services;
(2) Fair market value of third-party goods
				  and services donated by volunteers and employees or other organizations;
				  and
(3) Supplies, equipment, and
				  building space not owned by the AEL fiscal agent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter C - SERVICE DELIVERY STRUCTURE AND ALIGNMENT › Section 805.45 - Tuition and Fees

Current through Reg. 49, No. 28; July 12, 2024
Tuition and fees shall not be charged unless the entity
					 charging them is statutorily authorized to do so. Funds generated by tuition
					 and fees shall be used for the AEL instructional programs, and must be expended
					 before federal and state grant funds, in accordance with
					 2 CFR
					 §
											200.305(b)(5).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter D - OTHER PROVISIONS › Section 805.61 - Staff Development and Special Projects

Current through Reg. 49, No. 28; July 12, 2024
From the federal funds set aside for state administration,
					 special projects, staff development, and leadership, a portion of funds shall
					 be used to provide training and professional development to organizations that
					 are not currently receiving grants but are providing literacy
					 services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter E - HIGH SCHOOL EQUIVALENCY SUBSIDY PROGRAM › Section 805.71 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the high school equivalency subsidy
					 program, as provided in an interagency contract between the Texas Education
					 Agency (TEA) and the Agency, is to provide subsidized high school examination
					 fees to eligible individuals.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter E - HIGH SCHOOL EQUIVALENCY SUBSIDY PROGRAM › Section 805.72 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) "Eligible
				  high school equivalency subsidy recipient" means a Texas resident who is 21
				  years of age or older at the time that a voucher for the subsidy is issued to
				  the individual and who lacks a high school diploma or its equivalent.
(2) "High school equivalency exam"
				  refers to an exam, as approved by the Texas State Board of Education, for
				  obtaining a Texas Certificate of High School Equivalency (TxCHSE).
(3) "Subsidy" is an amount not to exceed the
				  cost of one high school equivalency exam, inclusive of all subject areas, as
				  negotiated by TEA.
(4) "Subsidy
				  program" refers to the high school equivalency subsidy program.
(5) "Voucher" refers to an electronic or
				  paper-based voucher provided to an eligible individual for taking an
				  individualized high school equivalency test.
(6) "Voucher allotment" means the annual
				  allotment of vouchers to grant recipients. The allotment is based on the number
				  of high school equivalency tests taken by the participants of each grant
				  recipient.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 805 - ADULT EDUCATION AND LITERACY › Subchapter E - HIGH SCHOOL EQUIVALENCY SUBSIDY PROGRAM › Section 805.73 - Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a) When implementing the high school
				  equivalency subsidy program, the Agency will prioritize the subsidy to eligible
				  high school equivalency subsidy recipients who are AEL program participants or
				  former AEL participants within 365 days of their program exit. The Agency may
				  provide the subsidy to eligible high school equivalency subsidy recipients who
				  are not current or former AEL participants, based on a plan approved by the
				  Commission.
(b) The Commission
				  will approve an initial voucher allotment to the AEL grant recipient based on
				  high school equivalency test-taking data for the grant recipient.
(c) The Commission will approve an initial
				  voucher allotment, by September 1, for each grant recipient. Additionally, the
				  Commission may approve an adjustment of a grant recipient's voucher allotment
				  midyear, or at another time designated by the Commission, based on a grant
				  recipient's voucher usage or demonstrated demand.
(d) AEL grant recipients will manage the
				  distribution of vouchers to eligible high school equivalency subsidy recipients
				  and shall confirm the eligibility of a recipient to receive the subsidy via a
				  voucher.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter A - GENERAL PROVISIONS REGARDING PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Section 806.1 - General

Current through Reg. 49, No. 28; July 12, 2024
The Texas Workforce Commission is responsible for
					 fulfilling the purpose of Chapter 122 of the Texas Human Resources Code, which
					 is to:
(1) further the state's policy
				  of encouraging and assisting individuals with disabilities to achieve maximum
				  personal independence by engaging in useful productive employment activities;
				  and
(2) provide state agencies,
				  departments, and institutions and political subdivisions of the state with a
				  method for achieving conformity with requirements of nondiscrimination and
				  affirmative action in employment matters related to individuals with
				  disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter B - ADVISORY COMMITTEE RESPONSIBILITIES, MEETING GUIDELINES › Section 806.21 - Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				  committee, as described in Texas Human Resources Code §
										122.0057,
				  shall assist the Commission in establishing:
(1) performance goals for the program
				  administered under this chapter; and
(2) criteria for certifying a CRP for
				  participation in the program administered under this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter B - ADVISORY COMMITTEE RESPONSIBILITIES, MEETING GUIDELINES › Section 806.22 - Open Meetings, Public Testimony and Access

Current through Reg. 49, No. 28; July 12, 2024
The advisory committee, established under Texas Human
					 Resources Code §
										122.0057, is
					 subject to the requirements of the Open Meetings Law, Texas Government Code,
					 Chapter 551, the Public Information Act, Texas Government Code, Chapter 552,
					 and Texas Government Code, Chapter 2001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter B - ADVISORY COMMITTEE RESPONSIBILITIES, MEETING GUIDELINES › Section 806.23 - Submitting Reports and Input to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory committee shall meet
				  semiannually, with at least one meeting each fiscal year to review and, if
				  necessary, recommend changes to program objectives, performance measures, and
				  criteria established under §
										806.21(b)
				  of this subchapter.
(b) The
				  advisory committee shall prepare and submit to the Commission a report
				  containing any findings and recommendations under subsection (a) of this
				  section within 60 days of the completion of the meeting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter D - COMMUNITY REHABILITATION PROGRAMS › Section 806.41 - Certification and Recertification of Community Rehabilitation Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) No applicant for certification may
				  participate in the state use program prior to the approval of
				  certification.
(b) The Commission
				  may recognize programs that are accredited by nationally accepted vocational
				  rehabilitation accrediting organizations and approve CRPs that have been
				  approved by a state's habilitation or rehabilitation agency.
(c) The Commission may delegate the
				  administration of the certification process for CRPs to a CNA.
(d) An applicant for CRP certification must
				  be a government or nonprofit private program operated under criteria
				  established by the Commission and under which individuals with severe
				  disabilities produce products or perform services for compensation.
(e) A certified CRP must:
(1) maintain payroll, human resource
				  functions, accounting, and all relevant documentation showing that the
				  employees who produce products or perform services under the state use program
				  are individuals with disabilities;
(2) ensure that documentation includes a
				  disability determination that identifies the individual and documents the
				  presence of a disability, in addition to determining program eligibility, and
				  that shall be subject to review at the request of the Agency or the CNA under
				  authority from the Commission, with adherence to privacy and confidentiality
				  standards applicable to such CRP and employee records;
(3) maintain and dispose of records or
				  documents required by the Agency, including contracts with other entities, in
				  accordance with generally accepted accounting principles, and all laws relevant
				  to the records;
(4) maintain
				  compliance with requirements in subsection (q) of this section, related to
				  Unemployment Insurance tax, wage claims, state licensing, regulatory, and tax
				  requirements. Failure to maintain compliance shall result in revocation of the
				  CRP's certification to participate in the PPD program;
(5) ensure that disability determinations
				  conducted under paragraph (2) of this subsection are or were conducted by a
				  medical professional, vocational rehabilitation professional, local education
				  agency, Social Security Administration, or other individual who:
(A) has demonstrated the qualifications
				  necessary to make such determinations; and
(B) is an independent, non-CRP individual;
				  and
(6) provide all
				  communication, training, and planning materials to employees in an accessible
				  format.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter D - COMMUNITY REHABILITATION PROGRAMS › Section 806.42 - Minimum Wage and Exemption Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A CRP participating in the program
				  administered under this chapter shall pay each worker with a disability
				  employed by the program at least the federal minimum wage for any work relating
				  to any products or services purchased from the CRP through the program
				  administered under this chapter.
(b) The Agency may exempt a CRP from the
				  requirements of this section with respect to a worker with a disability if the
				  Agency determines an exemption is warranted. The Agency may consider the
				  following factors in making the determination:
(1) whether requiring the CRP to pay the
				  worker at the minimum wage would result in:
(A) the CRP not being able to retain the
				  worker with a disability;
(B) the
				  worker not having success obtaining work with a different employer;
(C) the worker, based on the worker's
				  circumstances, not being able to obtain employment at a higher wage than the
				  CRP would be able to pay the worker, notwithstanding the requirements of this
				  section;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter E - PRODUCTS AND SERVICES › Section 806.51 - Product Specifications and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A product manufactured for sale through
				  the Comptroller to any office, department, institution or agency of the state
				  shall be manufactured or produced according to specifications developed by the
				  Comptroller. If the Comptroller has not developed specifications for a
				  particular product, the production shall be based on commercial or federal
				  specifications in current use by the industry.
(b) Requisitions for products and/or services
				  required by state agencies are processed by the Comptroller according to
				  Comptroller rules.
(c) An exception
				  from subsection (a) of this section may be made in any case as follows:
(1) Under the rules of the Comptroller, the
				  product and/or service so produced or provided does not meet the reasonable
				  requirements of the office, department, institution, or agency; or
(2) The requisitions made cannot be
				  reasonably complied with through provision of products and/or services produced
				  by individuals with disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter E - PRODUCTS AND SERVICES › Section 806.52 - Determination of Fair Market Value

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to Texas Human Resources Code, Chapter 122 and Texas Government Code
				  §
										2155.138,
				  a suitable product and/or service that meets applicable specifications
				  established by the state or its political subdivisions and that is available
				  within the time specified must be procured from a CRP at the price determined
				  by the Commission to be the fair market price under Texas Human Resources Code
				  §
										122.007.
(b) The Agency shall review products,
				  services, and price revisions submitted by the CNA on behalf of participating
				  or prospective CRPs. Due consideration shall be given to the factors set forth
				  in Texas Human Resources Code §
										122.015,
				  as well as to the extent applicable, the amounts being paid for similar
				  articles in similar quantities by state agencies purchasing the products or
				  services not in the state use program.
(c) The Agency may also consider other
				  criteria as necessary to determine the fair market price of the products and/or
				  services, including, but not limited to:
(1)
				  changing market conditions;
(2)
				  frequency and volume of past state purchases of the particular products and/or
				  services offered;
(3) request from
				  a state agency that a CRP develop and provide a particular product and/or
				  service;
(4) value added necessary
				  to maximize the employment of people with disabilities; and/or
(5) quality comparison between similar
				  products and/or services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter E - PRODUCTS AND SERVICES › Section 806.53 - Recognition and Approval of Community Rehabilitation Program Products and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A CRP desiring
				  to provide services under the state use program must comply with the following
				  requirements to obtain approval from the Agency's executive director or deputy
				  executive director :
(1) A minimum of 35
				  percent of the contract price of the service must be paid to the individuals
				  with disabilities who perform the service in the form of wages and
				  benefits;
(2) Supply costs for the
				  service must not exceed 20 percent of the contract price of the
				  service;
(3) Administrative costs
				  allocated to the service must not exceed 10 percent of the contract price for
				  the service. The minimum percentage required by the Agency of the hours of
				  direct labor for each contract necessary to perform a service must be performed
				  by individuals with disabilities;
(4) The Commission may establish a different
				  percentage other than 75 percent for each CRP at the time of initial
				  certification or subsequent re-certifications if the Commission determines that
				  a percentage other than 75 percent for the offered service is reasonable based
				  on consideration of factors, including, but not limited to:
(A) past practices in a particular
				  area;
(B) whether other CRPs
				  providing the same or similar services have required or achieved a different
				  percentage requirement;
(C) whether
				  the Commission has established a policy goal to encourage employment of
				  individuals with disabilities in a particular field; and
(D) the CRP proposes to offer employment
				  opportunities for individuals with disabilities that meet the WIOA definition
				  of CIE;
(5) Any necessary
				  subcontracted services shall be performed to the maximum extent possible by
				  other CRPs and in a manner that maximizes the employment of individuals with
				  disabilities; and
(6) A detailed
				  report will be submitted to the Agency providing breakdown of 100 percent of
				  contract dollars for services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter F - COMPLAINTS, VENDOR PROTESTS, RESOLUTIONS › Section 806.61 - Consumer Information; Complaints and Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints regarding matters pertaining
				  to this chapter shall be made in writing and addressed to the Agency Deputy
				  Executive Director for review and determination. The written complaint must
				  include the name and address of the person who filed the complaint and the
				  subject matter of the complaint.
(b) The Agency shall maintain an information
				  file regarding each complaint.
(c)
				  If a written complaint is filed with the Agency, the Agency, at least as
				  frequently as quarterly and until final disposition of the complaint, shall
				  notify the parties to the complaint of the status of the complaint unless the
				  notice would jeopardize an undercover investigation.
(d) The Agency shall provide to the
				  individual filing the complaint, and to each individual who is a subject of the
				  complaint, a copy of the Agency's policies and procedures relating to complaint
				  investigation and resolution.
(e)
				  Any product or service may be removed or temporarily suspended from the state
				  use program after review and/or investigation of a filed complaint, if the
				  Agency determines that a CRP is:
(1)
				  providing products that fail to meet specifications;
(2) failing to make a delivery as
				  promised;
(3) making unauthorized
				  substitutions;
(4) misrepresenting
				  merchandise;
(5) failing to make
				  satisfactory adjustments when required; or
(6) taking unethical actions; or
(7) non-complying with other Agency rules or
				  contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter F - COMPLAINTS, VENDOR PROTESTS, RESOLUTIONS › Section 806.62 - Vendor Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) A protest
				  shall be made in writing and received by the Agency within 10 working days
				  after the protesting party knows, or should have known, of the occurrence of
				  the action that is protested.
(b) A
				  protest must include:
(1) a precise statement
				  of the relevant facts;
(2) a
				  statement of any issues (of law or fact) that the protesting party contends
				  must be resolved; and
(3) a
				  statement of the argument and authorities that the protesting party offers in
				  support of the protest.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter G - DISCLOSURE OF RECORDS › Section 806.71 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall access financial or
				  other information and records from a CNA or a CRP if the Agency determines the
				  information and records are necessary for the effective administration of this
				  chapter and rules adopted under this chapter.
(b) Information and records must be obtained
				  under subsection (a) of this section in recognition of the privacy interest of
				  individuals employed by CNAs or CRPs. The information and records may not be
				  released or made public on subpoena or otherwise, except that release may be
				  made:
(1) for statistical purposes, but only
				  if a person is not identified;
(2)
				  with the consent of each person identified in the information released;
				  or
(3) regarding a compensation
				  package of any CNA employee or subcontractor if determined by the Commission to
				  be relevant to the administration of this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter H - REPORTS; PLANS › Section 806.81 - Annual Financial Report

Current through Reg. 49, No. 28; July 12, 2024
(a) On or before
				  November 1 of each year, the Agency shall prepare an annual financial report in
				  the form prescribed by Texas Government Code §
										2101.011,
				  relating to the Commission's activities, and Texas Human Resources Code §
										122.022 relating to
				  reports, and file the report with the governor and the presiding officer of
				  each house of the legislature.
(b)
				  As part of the report filed under subsection (a) of this section, the Agency
				  shall provide:
(1) the number of individuals
				  with disabilities, by type of disability, who are employed in CRPs
				  participating in the programs established by this chapter or who are employed
				  by businesses or workshops that receive supportive employment from
				  CRPs;
(2) the amount of annual
				  wages paid to a person participating in the program;
(3) a summary of the sale of products offered
				  by a CRP;
(4) a list of products
				  and services offered by a CRP;
(5)
				  the geographic distribution of the CRPs;
(6) the number of individuals without
				  disabilities who are employed in CRPs under this chapter; and
(7) the average and the range of weekly wages
				  for individuals with disabilities and individuals without disabilities who are
				  employed in CRPs under this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter H - REPORTS; PLANS › Section 806.82 - Strategic Plan; Final Operating Plan

Current through Reg. 49, No. 28; July 12, 2024
The Agency shall prepare a strategic plan and a final
					 operating plan relating to the Commission's activities under this chapter, as
					 required by Texas Government Code, Chapter 2054, Subchapter
					 E.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter I - POLITICAL SUBDIVISIONS › Section 806.91 - Procurement for Political Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
Political subdivisions shall follow procurement rules as
					 required by Texas Human Resources Code §
										122.017,
					 relating to procurement for political subdivisions.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter I - POLITICAL SUBDIVISIONS › Section 806.92 - Political Subdivisions Excluded

Current through Reg. 49, No. 28; July 12, 2024
Excluded political subdivisions shall follow procurement
					 rules as required by Texas Human Resources Code §
										122.018,
					 relating to political subdivisions excluded.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter J - TRANSITION AND RETENTION PLANS › Section 806.100 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to set forth the rules relating to a CRP's Transition and
				  Retention Plan (TRP), as required by Texas Human Resources Code, §
										122.0075, to
				  meet the minimum wage requirements of Texas Human Resources Code, §
										122.0076.
(b) This subchapter applies to a CRP that is
				  participating in the state use program and pays workers with disabilities
				  employed by the CRP wages that are less than the federal minimum wage under
				  Section 6, Fair Labor Standards Act of 1938.
(c) This subchapter expires September 1,
				  2023.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter J - TRANSITION AND RETENTION PLANS › Section 806.101 - Requirements for Transition and Retention Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A CRP subject to this subchapter shall
				  submit a TRP no later than sixty days from the effective date of these
				  rules.
(b) The TRP shall include
				  the full transition goal, including full retention of workers, placement of
				  workers in job training, and fully assisting workers in need of placement goal,
				  to meet the wage requirements no later than January 1, 2022.
(c) The TRP shall contain the following
				  elements:
(1) Worker Assessment (Employee
				  Receiving Subminimum Wages) including the following:
(A) Wage difference/Minimum Wage pay
				  gap;
(B) Line of business
				  employed;
(C) Current
				  skills;
(D) Person-Centered
				  Planning and Career Counseling;
(E)
				  Disability Benefits Impact Analysis based on wage increase;
(F) Opportunities to transfer skills to other
				  state use contracts with CRP; and
(G) Participation in the assessment by the
				  employee's Vocational Rehabilitation counselor, if the employee is a
				  participant in the Vocational Rehabilitation program at the time of the
				  assessment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter J - TRANSITION AND RETENTION PLANS › Section 806.102 - Extensions for Transition and Retention Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than March 1, 2022, a CRP may
				  request an extension of the TRP.
(b) The Agency shall approve or deny all
				  extension requests no later than April 1, 2022.
(c) To be granted an extension, the CRP
				  shall:
(1) demonstrate that an extension would
				  be in the best interest of the CRP's employees with disabilities;
(2) have requested assistance and worked with
				  the Agency prior to requesting an extension;
(3) have made meaningful progress toward
				  meeting the minimum wage requirements; and
(4) have submitted a revised TRP to the
				  Agency detailing how the extension will allow the CRP to meet the minimum wage
				  requirements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter J - TRANSITION AND RETENTION PLANS › Section 806.103 - Withdrawal from the Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A CRP
				  shall notify the Agency no later than March 1, 2022, if the CRP intends to
				  voluntarily withdraw from the program.
(b) Any requirements on September 1, 2022, or
				  by the granted extension date, will be involuntarily removed by revocation of
				  the CRP's certification to participate in the program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 806 - PURCHASES OF PRODUCTS AND SERVICES FROM PEOPLE WITH DISABILITIES › Subchapter J - TRANSITION AND RETENTION PLANS › Section 806.104 - New CRPs during the TRP Period

Current through Reg. 49, No. 28; July 12, 2024
A CRP not meeting the minimum wage requirement that
					 requests certification after the date to request an extension pursuant to
					 § 806.102(a) of this subchapter shall be required to meet the minimum wage
					 requirements no later than September 1, 2022.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.1 - Title and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter may be
				  cited as the Career Schools and Colleges rules.
(b) The purpose of this chapter is to
				  implement and interpret the provisions of the Texas Education Code, Chapter
				  132, Career Schools and Colleges (the Act). The Agency shall evaluate each
				  school according to the standards of practice set forth in the Act and this
				  chapter. The Agency will provide assistance, whenever possible, in complying
				  with this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.3 - Memorandum of Understanding for Regulation of Schools

Current through Reg. 49, No. 28; July 12, 2024
The Act requires the Agency to execute a memorandum of
					 understanding with Trellis Company, formerly known as the Texas Guaranteed
					 Student Loan Corporation, and each state agency regulating schools to reduce
					 default rates at the regulated schools and to improve the overall quality of
					 the programs. Copies of the required memoranda of understanding shall be
					 maintained and made available upon request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.4 - Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon a showing of extreme extenuating
				  circumstances, a school governed by this chapter may request a waiver from one
				  or more requirements of this chapter. The Commission shall grant a waiver only
				  upon a specific finding of good cause establishing that:
(1) the imposition of the rule requirement
				  from which the waiver is sought would cause undue economic hardship to the
				  school and have a negative impact on the ability of the school to provide the
				  students with the skills and knowledge required for employment;
(2) the quality of education shall in no way
				  be diminished or sacrificed by the granting of the waiver; and
(3) the granting of the waiver will in no way
				  limit the statutorily required application approval criteria contained in
				  §132.055 of the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.5 - Suspensions

Current through Reg. 49, No. 28; July 12, 2024
The executive director may suspend the operation of one or
					 more of the provisions in this chapter, not statutorily imposed, if he or she
					 finds that a public emergency or imperative public necessity exists, and that
					 the suspension will best serve the public health, safety, or
					 welfare.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.6 - Application Processing Periods

Current through Reg. 49, No. 28; July 12, 2024
(a) The time periods
				  for processing applications from schools, including small businesses, for
				  certificates of approval shall be in accordance with the following time
				  periods:
(1) Initial notification of
				  acceptance or return of original application, to include the reason for the
				  return is 10 days;
(2) original
				  certificate of approval--90 days;
(3) renewed certificate of approval--45 days
				  from the expiration of the current certificate;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.7 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) A school seeking an
				  exemption must apply for approval to the Agency under §132.002 or
				  §132.003 of the Act.
(b) A
				  school may appeal the denial or revocation of an exemption in accordance with
				  the provisions of Subchapter D of the Act.
(c) Schools shall be required to provide
				  documentation and additional information, as requested by the Agency, to
				  facilitate the determination of whether a school meets the requirements of an
				  exemption set out in the Act. All requests for exemption must provide:
(1) the school's legal name, physical
				  address, telephone number, and website, if applicable, along with the name and
				  phone number of the ownership and owner partners; and
(2) the name, objective, length, and cost of
				  the course(s) offered.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter A - GENERAL PROVISIONS › Section 807.8 - Confidentiality of Information

Current through Reg. 49, No. 28; July 12, 2024
All student-specific information obtained from or about any
					 school by the Agency, including, but not limited to, data submitted under
					 §
										807.284(a)
					 of this chapter, is confidential information and not releasable, and is not
					 public information under Texas Government Code, Chapter 552, but may be
					 compiled and reported to the public at a summary level of information that does
					 not include the personally identifiable information of any student or allow for
					 the identification of any student through combination with other publicly
					 available information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter B - CERTIFICATES OF APPROVAL › Section 807.11 - Original Approvals

Current through Reg. 49, No. 28; July 12, 2024
(a) A complete
				  application for an original certificate of approval shall consist of the
				  following:
(1) a completed application form
				  provided by the Agency;
(2)
				  complete and correct financial statements, as specified in this chapter,
				  demonstrating the school is financially stable and capable of fulfilling its
				  commitments for training;
(3) the
				  application fee as specified in this chapter; and
(4) any other revisions or evidence necessary
				  to bring the school's application for approval to a current and accurate status
				  as requested by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter B - CERTIFICATES OF APPROVAL › Section 807.12 - Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) For small schools
				  holding a multiyear certificate, the certificate of approval shall be renewed
				  at least every three years, or more frequently as determined by the Agency. A
				  complete application for renewal of a certificate of approval shall consist of
				  the following:
(1) complete and correct
				  annual financial statements, as specified in this chapter, demonstrating the
				  school is financially stable and capable of fulfilling its commitments for
				  training;
(2) the renewal fee
				  specified in this chapter; and
(3)
				  any other revisions or evidence necessary to bring the school's application for
				  approval to a current and accurate status as requested by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter B - CERTIFICATES OF APPROVAL › Section 807.13 - Change in Ownership

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may
				  consider the addition or deletion of any person defined as an owner under the
				  Act as a change in school ownership. The school may notify the Agency of the
				  change in ownership a minimum of 45 days before the change in ownership to
				  request that the Agency in lieu of a full application accept a partial
				  application.
(b) The Agency may
				  require submission of a full application for approval for a change in ownership
				  if:
(1) the Agency has a reasonable basis to
				  believe the change in ownership of the school may significantly affect the
				  school's continued ability to meet the criteria for approval; or
(2) the school fails to file notice of the
				  change of ownership at least 45 days prior to the ownership transfer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 807 - CAREER SCHOOLS AND COLLEGES › Subchapter B - CERTIFICATES OF APPROVAL › Section 807.14 - Locations

Current through Reg. 49, No. 28; July 12, 2024
(a) A school shall
				  obtain a certificate of approval for each location where courses of instruction
				  will be offered, unless the school has a certificate of approval and meets one
				  of the exceptions in this section.
(b) The Agency may approve the following as
				  exempt from applying for approval for a new or additional location, if
				  requested at least 30 days in advance:
(1)
				  seminars, including preparation for licensing examinations, educational
				  institution entrance examinations, and reading improvement;
(2) classes at facilities used for additional
				  classrooms for instructional services only, which are within a one-mile radius
				  of the main campus and are dependent on the main campus for administration,
				  supervision, fiscal control, and student services; or
(3) short-term programs. Short term programs:
(A) include course time of 200 hours or less
				  of instruction; and
(B) are
				  conducted with at least a 90-day interval between cessation of one program and
				  the beginning of the next.