Background: The Workforce Investment Act of 1998, Public Law 105-220, is primarily viewed as a program that focuses on individual employment that includes or leads to a self-sufficient wage. Additionally, the Act supports a market-driven system as well as informed customer choice. To support a work first, personal-responsibility philosophy that includes progressive improvement leading to employment with a self-sufficient wage for unemployed and under-employed individuals, the Workforce Investment Act of 1998, Public Law 105-220 requires establishment of Tiered Activity Opportunities in Workforce/One-Stop Center, Individual Training Accounts, and Self-Sufficiency Wage guidelines.

Individuals who are unable to attain employment of self-sufficiency, as defined by the Central Texas Workforce Board, will engage in a standardized progression of tiered-activities including access to specific core and intensive services prior to being considered for enrollment in training services. The Central Texas policy for service access ensures equity and customer motivation while at the same time documenting an earnest attempt to attain employment of self-sufficiency.

Briefing Activity: Review of the Central Texas Workforce Board policy definition of self-sufficient wage as impacted by the newly released Lower Living Standard Income and Poverty Income Levels, effective May 30, 2003.

Using the most recent 2003 Texas’ 100% Lower Living Standard Income Level Table released by the Department of Labor, the Central Texas Workforce Board authorize the Central Texas Workforce Centers to continue providing services until individuals:

* Extenuating circumstances warranting continued services beyond the above wage level definitions will require approval of the Central Texas Workforce Centers Director.

1. Self-Employed Dislocated Workers Definition and Eligibility Determination

In accordance with the Act, self-employed individual eligibility determination for dislocated worker assistance includes customers, including farmers, ranchers, or fishermen, who have become unemployed or are in the process of going out of business due to natural disasters or general economic conditions in the community in which the individual resides. Acceptable documentation of eligibility includes financial records from certified public accountant, business license permit when applicable, Texas Workforce Commission approved disaster documentation, Internal Revenue Service documentation, unemployment rates, and/or depressed prices or market.

2. Special Participant Population, Additional Hard-to-Serve Category

Low-income individuals, including individuals receiving public assistance and targeted populations with poor work histories and/or deficient skills will receive priority for training services. An additional hard-to-serve population category to be included in the definition of the term "special participant population that faces multiple barriers to employment" is an individual in need of additional assistance to complete an educational program or who has registered for Employment Services and is unable to obtain employment.

3. Case Management

Central Texas Workforce Center customers who are provided with case management services must be identified to be eligible for and able to benefit from such intensive services. Customers must either have completed the minimum gateway(s) for core services or be a member of a targeted population (Choices, Food Stamp E&T, Welfare to Work, etc.) whose characteristics are associated with employment barriers that generally require case management assistance to attain and maintain employment of self-sufficiency.

For those customers required to complete minimum gateway requirements, they must have (1) at least one documented core service, and (2) a documented need for intensive services (including but not limited to case management) placed into the customer’s file.

4. Other Eligible Youth Definition

In accordance with the parameters of the Act, the Central Texas Workforce Board and Contractor staff will use the following definition and documentation criteria for up to 5% of youth who face serious barriers to employment but are otherwise not income-eligible:

Youth lacking the resources necessary to complete an educational program based on applicant statement or other appropriate documentation.

5. Sixth Criteria in Determining Youth Eligibility

In accordance with the parameters of the Act, the Central Texas Workforce Board and Contractor staff have identified the following definition and documentation criteria for the 6^th Youth Eligibility barrier:

The 6^th Youth Eligibility barrier applies to a youth who is enrolled or seeking enrollment in high school or college, has not graduated, and is in need of additional assistance to complete an educational program or has registered for Employment Services and is unable to obtain employment. Acceptable eligibility documentation includes applicant statement or other appropriate documentation.

 

6. Priorities for Child Care Services

State rules will be followed. Priorities, other than those required by rule, will include teen parents, children with disabilities, and students enrolling in college and/or specialized training.

The Central Texas Workforce Board offers child care to low income families and uses the placement of low–income children as a "barometer" for targeting low-income communities with a shortage of quality care or services. Low-income communities will be targeted through activities including but not limited to:

C new provider recruitment with emphasis on those providers who offer quality care for children under 4 years of age;

C community awareness campaign(s);

C quality assistance (equipment and materials);

C parent education;

C scholarships for child development/early education courses for caregivers;

C specialized West-Ed training for Infant/Toddler practitioners will be offered on site to providers and to large groups as requested;

C Child Development Associate training and scholarships;

C scholarships for childcare conferences;

C collaboration with Early Childhood Intervention team to provide training and technical assistance to those providers serving children with disabilities;

C pre-service training for individuals who are interested in working in the field of childcare;

C monetary assistance for application and validation fees for National Association of Education for Young Children accreditation;

C designated vendor rate increase graduated up to 7% depending on certification level;

C direct assistance for Designated Vendors (monies to be used for equipment, insurance, salary increases for caregiver staff ); and

C bonuses for providers interested in becoming Designated Vendors.

The number of activities will be determined by the amount of funding available.

7. Attendance Standards for Eligible Children

A 30 day absence policy will be enforced. One 30 day extension may be granted if 20 days of the absence period have been as a result of illness or extenuating circumstances. Self-arranged providers will follow the same tracking system as providers with agreements.

Custody and Visitation Arrangements – A child who is court ordered to visit a parent outside the care area will be placed back at the same facility that had been providing care unless the parent agrees in advance to allow placement at another facility. The parent will be required to provide a copy of the court order and must notify the child care provider with visit details in advance.

 

8. Income Level for Child Care Eligibility

In accordance with federal regulations the gross income of a family with a child who lives at home will not exceed 85% of the states median income. Eligibility is determined using the following Eligibility Code Card. Sources include the US Department of Health and Human Services, Federal Register, Rules and Regulations, Low Income Home Energy Assistance.

Note: Income amounts have been rounded up at .5 and above.

1. Time Limit for Child Care for Individual in Training

Parents may receive childcare assistance until they have completed an approved training program with a limit of 2 years post high school or attained an associate degree. Childcare assistance will not be provided to parents exceeding 65 college hours.

Limits for education/training may be extended for those who are in training for demand professions such as health care. This would be done on a case by case basis with the approval of the LWDB staff.

2. Child Care Eligibility Re-Determination

Following the same procedure for eligibility determination, eligibility re-determination is performed every 6 months. Applications may be made over the phone or in person at sites in the two major workforce areas (Temple and Killeen). Basic information is provided and the parent is told what documents/information they must provide. Parents must provide eligibility documentation at each 6 month re-determination period.

3. Parent Co-Payments for Child Care Services

The board will assess parent fees to all parents or caretakers based on the family’s gross monthly income and family size, with the following exceptions:

C Parents or caretakers who receive Temporary Assistance for Needy Families are assessed no fee.

C Parents or caretakers who receive SSI are assessed no fee.

C Parents who participate in the Food Stamp Employment and Training program are assessed no fee. Children of parents or caretakers who receive protective services are assessed no fee unless the Texas Department of Protective and Regulatory Services a fee to the parent.

Teen parents who live with their parents and who are not covered under exceptions outlined above shall be assessed a parent fee. The parent fee is based solely on the teen parent’s income.

In families where the child is the only Temporary Assistance for Needy Families or SSI recipient, the parent fee is assessed under exceptions outlined below. Parent fees for all parents not covered under exceptions outlined above are assessed using the following:

C Families with six or fewer members:

C 11% of the family’s gross monthly income if one child is receiving services, or

C 13% of the family’s gross monthly income if two or more children are receiving services.

Families of seven or more members will have the fee reduced to 65% of the 11% or 13% of the family’s gross monthly income.

Families who have all children enrolled only in part-time care will be assessed a reduced parent fee of 65% of the 11% or 13% according to the above formulas.

The board=s contractor will not assess a parent fee that exceeds the cost of care.

Parents who receive a child care subsidy from other state or federal programs such as Workforce Investment Act must contribute that amount towards the total cost of childcare provided by the childcare system in addition to the assessed parent fee. The Board=s contractor shall request documentation of childcare subsidies from the parent.

4. Payments to Providers -- Parents Fail to Make Co-Payments, Pay Subsidies, or Pay Fee

Reimbursement for Self-Arranged Care will be made to the provider rather than to the customer. The current billing format (2455) would be used for SACC that is used for providers with agreements. The form will be processed either by hard copy or electronically. Payments will be made monthly. A declaration of service statement will be required. Absence logs must be kept and provided to the childcare contractor on demand. Parent fees must be collected and will be deducted from the payment to the provider. The childcare contractor will verify the relationship of the provider to the client. Deadline for submitting the declaration statement will be the 8^th of the following month to be paid that month. Declaration statements must be received within 30 days or services rendered to be considered for payment.

The parent may request a reduction in parent fees from the Board’s contractor for extenuating circumstances. However, this must be done prior to the date that the parent fee is due. The provider may terminate care if the parent does not pay the parent fee on the agreed upon terms and the parent has not requested a reduction. Arrangements must be made to pay the delinquent account before the parent may be re-enrolled in care.

The Child Care Provider is responsible for collecting the parent fee. The fee must be paid before services are rendered. The provider must collect the fee on a weekly, bi-monthly, or monthly basis. The fee schedule and collections must be documented. The Child Care Contractor will not reimburse the provider for uncollected parent fees. The provider must call the Child Care Contractor to report that the parent has not paid the fee within one working day of the delinquent fee, and the provider must notify the Child Care Contractor prior to the termination of care.

The Child Care Contractor will monitor the collection of parent fees and corrective actions will be taken for those providers who do no collect parent fees. These actions may include a Service Improvement Agreement.

Consequences for failure to follow policy may include closing of intake, termination of Provider Agreement, or other repercussion, as deemed appropriate.

5. Targeting Services to Economically Disadvantaged with Specific Barriers to Employment

The Central Texas Workforce Board declares sufficient funds to provide Workforce Investment Act services. Therefore, core, assisted core and intensive services will be provided to all customers with the exception of customers accessing training assistance. Training assistance will be provided using Workforce Investment Act Low-Income Eligibility Guidelines to ensure equity of access and that funds are not expended to the exclusion of:

(1) low-income individuals, including individuals receiving public assistance and targeted populations with poor work histories and/or deficient skills, or

(2) individuals in need of additional assistance to complete an educational program or who have registered for Employment Services and are unable to obtain employment.

Central Texas’ Workforce Centers will transition customers through core, assisted core, and intensive without imposing income guidelines. However, training services will be accessed based on identification of customers who are most in need and who have been assessed to have the greatest ability to benefit from services at the identified appropriate service level.

Demand, emerging, and targeted occupations will be identified and training funds will be expended based on analysis of employer and job seeker needs as determined through analysis of local labor market data. Customers enrolled in training activities at the date of Workforce Investment Act implementation, July 1, 1999, will be given priority to continue in their designated training activities.

6. Priority of Services to Temporary Assistance for Needy Families (Temporary Assistance for Needy Families) Recipients

While Central Texas will perform outreach activities for both exempt and non-exempt Temporary Assistance for Needy Families recipients through the TWIST system, priority of services will be given to recipients in two-parent families and all non-exempt Temporary Assistance for Needy Families recipients. Additionally, applicants for Temporary Assistance for Needy Families are encouraged to initiate immediate access to Workforce Center labor market resources through Workforce Orientations for Applicants. Applicants for Temporary Assistance for Needy Families are then provided with an Employment Planning Session appointment to return for Choices service assistance. The Central Texas Workforce System will continue to actively participate in the State’s RISC (re-integration of sanctioned clients) program providing priority of services to sanctioned recipients being re-integrated into program activities.

7. Able-Bodied Adults with No Dependents (ABAWDs) and Non-ABAWDs Service Delivery

Through the Central Texas Workforce Centers, Workforce services provided under the Food Stamp Employment and Training Program are closely coordinated with provisions of the Work First components of the Temporary Assistance for Needy Families Choices, Welfare to Work, and Workforce Investment Act programs. The programs share many common elements and the streamlining of systems and sharing of best practices increases their effectiveness in assisting customers to transition from public assistance to self-sufficient employment. The Central Texas Workforce System accomplishes coordination using several specific strategies:

C Continuous improvement of a streamlined referral of eligible customers for services between and within programs and in cooperation with the Texas Department of Human Services;

C Continuous improvement of a responsive system for outreach, recruitment and appropriate sanctioning of customers who do not participate in cooperation with the Texas Department of Human Services;

C Coordination and sharing of facilities, resources, and best practices in job search education and job placement to promote the highest level of efficacy for all workforce system customers.

Direct Referrals – Food Stamp Employment and Training staff promote effective referral of eligible customers through close coordination with Texas Department of Human Services staff responsible for determining eligibility for Food Stamp assistance. However, the Central Texas Workforce System is using the TWIST system for direct referrals of all Food Stamp Employment and Training customers to the degree possible on a weekly basis. However, contact with Texas Department of Human Services is necessary to determine household coupon allotment if the this information is not available in the Twist or Saverr systems.

All eligible customers who receive an appointment letter must either attend an Employment Planning Session, inform the Food Stamp Employment and Training staff of their exemption, or request and receive a temporary exemption. When customers attend the initial job readiness orientation in response to direct referral or contact by mail, they are enrolled into the program, subject to the procedures for exemption. If a customer fails to respond to the initial letter, a second letter is sent. If the customer fails to respond to the second letter, the customer will be sanctioned through the Department of Human Services in conformance with state laws, regulations and policies.

Employment and Training Outreach – Food Stamp Employment and Training staff will target outreach to individuals who receive Food Stamp assistance but are not eligible to receive Temporary Assistance for Needy Families. TWIST outreach of ABAWDs occurs as described above to ensure immediate and timely customer outreach and access to workforce services. To support timely referral and service access for non-ABAWDs the Form RG-45 has been replaced with TWIST outreach as well.

Employment Planning and Assessment -- The Employment Planning Session begins for both ABAWD and non-ABAWD customers on the first day of participation. Customers are reminded of their personal responsibilities, as delineated in Texas legislation including time limitations, participation requirements and required employer contacts. During the Employment Planning Session, customers are provided with an overview of required and allowable activities as well as important dates and location(s) of activities. Workforce Center services are also introduced during the initial orientation.

The employment planning session serves as the customers’ first day of job search and job readiness requirements. Additionally, customer assessment begins day one and includes a situational assessment of needs, resources, barriers, education levels, employment history, and family needs. An individualized Employment Service Plan is developed by each customer with guidance from Workforce Center staff. The completed Plan’s schedule of planned activities focuses the customer and Workforce Center staff on activities determined to address the specific employment needs of each customer. Additionally, Employment Plans serve as the tool for assessing progress towards a customer's goals. Texas Workforce Commission standardized forms are used for developing Employment Plans. Every customer’s Employment Plan is continuously updated and reviewed monthly by the customer’s staff representative and planned activities are adjusted as appropriate.

Workforce Center staff also provide basic assessment services within 30 days of beginning participation; basic assessment includes, but is not limited to, Career Compass, OSCAR, skills/interest inventories, etc. Additional assessment is driven by the customer's Employment Plan and/or the customer's inability to succeed after participating in job search, employer contact, activities.

Job Readiness is provided through the initial Employment Planning Session including, but not limited to, assistance with completion of the Texas Workforce Commission Work Application, Form ES-511. Group job readiness training includes a mutually agreed upon schedule of job readiness workshops which include but are not limited to -- orientation to the world of work, assessment of job skills, interview skills, resume and application preparation, how to get and keep a job, life skills, etc.. The curriculum includes video presentations, presentations by employers from the local area, and group input and interaction. Workforce Center staff also work with customers individually as necessary to assist them in identifying relevant and transferable skills and in exploring accessible occupations that could lead to unsubsidized employment and eventual self-sufficiency.

Finally, if deemed necessary to obtain employment, Food Stamp Employment and Training customers who are identified to require education or training assistance are enrolled into the appropriate, allowable activity either at the initial assessment session or after 4 weeks of unsuccessful job search.

Exemptions -- The Central Texas Workforce Board elects to accept the Texas Department of Human Services initial determination of exemption status upon certification/re-certification. In circumstances involving individuals who are initially identified by the Texas Department of Human Services to have a work requirement but who later indicate qualification for an exemption, the Texas Department of Human Services will be immediately informed of the customer(s) exemption claim based on one of the following:

C Non-ABAWDS - Federal Employment Services Exemptions

C Age 15 years or younger, or age 60 years or older,

C Age 16 or 17 years old and not the head of household,

C Age 16 or 17 years old and attending school or an employment training program on at least a half-time basis,

C A student age 18 years or older who is enrolled at least half time in school or a training program, including an institution of higher education,

C A regular participant or out-patient in a drug addiction or alcoholic treatment and rehabilitation program,

C A parent or other household member responsible for the care of a child under age 6 years, or caring for a disable person of any age living with the household,

C Physically or mentally unfit for employment,

C Three-to-nine months pregnant,

C Employed or self-employed at least 30 hours per week,

C Earning a wage equal to 30 hours per week multiplied the federal minimum wage, or

C Receiving or applied for unemployment insurance benefits.

C ABAWDS - Federal Time-Limits Exemptions for ABAWDS

C Pregnant (verification required)

C Parent or other caretaker of a child under age 18 years living in the home,

C Physically or mentally unfit to work 20 hours per week,

C Exempt from Food Stamp Employment and Training based on federal exemption, or

C Lives in waiver area.

Eligibility Verification – The Central Texas Workforce Board, in partnership with the Texas Department of Human Services, will continue to work in effective partnership and commit to maintenance of electronic systems and access to those systems as necessary to support customers accessing services through the Food Stamp Employment and Training programs. Food Stamp Employment and Training customer eligibility is determined by the Texas Department of Human Services. Initial eligibility and referral of ABAWDs is documented using TWIST and/or Saverr systems which documents coupon allotment for determination of allowable participation hours or by direct telephone contact with Texas Works Advisors. On going certification for ABAWDs is conducted electronically through the TWIST system through weekly and monthly verifications and, if necessary, through telephone contact. Initial eligibility for non-ABAWDs is verified through the TWIST system with continuing eligibility verified through monthly self-declaration.

Information on both permanent and short-term statutory exemptions from Food Stamp Employment and Training will be provided to each customer at the point of eligibility determination or at the initial orientation session. Assistance will be given in filling out exemption worksheets, and request for reconsideration will be forwarded to the Texas Department of Human Services. For those individuals with short-term exemptions, 60 days of less, a date will be established for that customer to begin participating in the Food Stamp Employment and Training program. Customers claiming exemptions because of permanent physical or mental barriers to employment will be aided by Workforce Center staff who will request that the customer provide documentation of that disability within 10 days; for customers claiming exemptions because of a medical condition expected to last beyond 60 days, but for which the customer cannot obtain a required physician’s statement, Workforce Center staff will document the reason for exemption by stating the facts without referencing an unsubstantiated medical diagnosis.

For individuals who are not determined to be eligible for services funded by Food Stamp Employment and Training, referrals are made to other appropriate programs and resources that are available in the Central Texas Workforce Centers and throughout the community.

Component Activities – ABAWDs who are enrolled in component activities will participate a minimum of 20 hours per week during the initial workfare job search activity. Actual monthly participation hours are determined by dividing the customer’s coupon allotment by the federal minimum wage once the ABAWD enters Workfare. Non-ABAWDs will participate in vocational training, work experience, TAA or Workforce Investment Act services a minimum of 20 hours per week. Non-ABAWDs who participate in non-vocational education/training will participate a minimum of 16-20 hours per week.

Customers may participate in long-term education and training services only if identified in their Employment Plan as necessary to address their specific job goals. Long-term training includes that which leads to a license, certificate or associate degree. However, because the education/training may last as long as 24 months, Workforce Center staff will promote the work first philosophy to move customers into the workforce as quickly as possible. Additionally, monthly customer tracking will occur monthly throughout the duration of the training.

Job Search activities are documented on Form 2776. -- Job Search activities for ABAWDs begins with assignment of a Workfare slot at the first day of Employment Planning. ABAWDs then participate in a 30-day job search with a minimum of ten employer contacts within that period. Job Search for non-ABAWDs reflects assisted job search activities including skill instruction and directed job search.

Workforce Center staff provide training in techniques for successful job search in a classroom setting, through ongoing small group activities, and through individual instruction as appropriate. The job search class curriculum includes labor market information, methods for identifying and developing jobs, techniques for contacting employers, securing interviews, and following up after the interview. Customers also receive ongoing support and direction during their job search through weekly Group Employment Seminars. Group Employment Seminars are a scheduled, required activity for customers in addition to their minimum number of employer contacts.

During their participation in directed job search activities, Food Stamp Employment and Training non-ABAWD customers conduct four weeks of job search activities, making a minimum of ten employer contacts per week for a minimum of forty employer contacts during the 4-week period. Workforce Center staff will assist customers in developing job opportunities as well as placement of customers in jobs. Additionally, individual counseling is also available to assist customers in their job search. If customers do not secure employment during their first four-week period of classroom activity and directed job search, Workforce Center staff will meet with customers to discuss strategies for improving their success. Options may include additional training in job search/job readiness, continuing directed job search, or training and services available to address any barriers to employment.

 

Vocational Training may be used, as appropriate, to improve the employability of customers by providing training in a skill or trade identified as necessary to move the customer directly into employment and documented in the customer’s Employment Plan. Vocational training opportunities may include occupational assessment, remedial and entry-level job skills training, customized training, institutional skills training, upgrade training, and vocational education. Vocational training may be provided in a classroom or work-based setting.

Non-Vocational Training services are provided to individuals who are assessed to require basic skills or employability improvement. Non-vocational training may include adult basic education, basic literacy, GED, English as a second language, and/or post-secondary education.

Work Experience services are available for Workforce Investment Act eligible customers who are 16-21 years of age. Based on availability of funds and ability to benefit, co-enrolled customers may be approved to participate in short-term or part-time paid training assignments with a public or private non-profit organization.

 

Workforce Investment Act services are available, as appropriate, for customers who meet the Central Texas Workforce System’s Tiered Gateway and Training Policies for the Workforce Investment Act. Central Texas Policy also requires that customers be assessed to demonstrate ability to benefit from education or training through the local Workforce Investment Act program.

 

Trade Adjustment Act services will be pursued for eligible individuals who are not exempt from participation due to application/receipt of unemployment insurance benefits. Trade Adjustment Act services may be provided to Food Stamp Employment and Training customers who lose their jobs or whose hours of work and wages are reduces as a result of increased imports. Services sponsored by the Trade Adjustment Act may include employment services, training, job search and relocation allowances.

 

As stated previously, Workfare participation for ABAWDs begins with assignment of a Workfare slot at the first day of Employment Planning. ABAWDs then participate in a 30-day job search with a minimum of ten employer contacts per week. Following their 30-day job search, as a condition of eligibility to receive their coupon allotment, ABAWDs will be required to participate in a Workfare slot in a public or private non-profit service capacity. Number of hours participation in a Workfare activity will be equal to the number of hour obtained by dividing their food stamp allotment amount by the federal minimum wage. Hours will be scheduled based on employer needs, administrative efficiency, and the needs of ABAWD customers. Participation will be monitored, as appropriate, through weekly service management meetings, employer contact, and employment attendance forms. A customer may participate in Workfare as long as they are receiving Food Stamp assistance and the employer continues to need their services.

Support Services – See Supportive Services Policy

Monitoring/Participation Requirements – The Central Texas Food Stamp Employment and Training program will cooperate closely with the Texas Department of Human Services to ensure that mandatory work registrants who do not fulfill their participation requirement are sanctioned in accordance with federal and state guidelines. In order to provide the best possible access to program services for all eligible customers, the Central Texas Workforce System will continue to work with the Department of Human Services to continuously improve outreach methods and direct referral arrangements. Through aggressive outreach through the TWIST system, Central Texas Workforce Center staff will identify eligible customers and track and report non-participation in a timely manner.

 

Food Stamp Employment and Training counties will receive services focused on helping customers to secure quality employment through which they can support themselves and their families without public assistance. Process measures such as participation requirements, while important as minimum standards, are incidental to the primary goal of quality employment for customers, quality labor for employers, and reduced expenditures on public assistance.

In Central Texas ABAWDs will be engaged in allowable activities for at least 20 hours per week or participate in Workfare for the allowable number of hours per month based on the household allotment divided by the federal minimum wage. Non-ABAWDs will participate in component activities for at least 20 hours per week. The maximum number of hours an ABAWD can participate in an allowable activity is 120 a month (30 hours per week). If an ABAWD who is referred for Central Texas Food Stamp Employment and Training services is engaged in work that is less that 20 hours per week the customer may:

C request additional hours from his/her employer to meet the 20 hour requirement;

C enter an education and training component in which the hours of employment and the hours of education/training total 20 hours per week; or

C enter into a Workfare assignment with hours based on the amount of the household’s coupon allotment divided by the federal minimum wage.

When an ABAWD, who has been referred for Food Stamp Employment and Training services, completes the first two weeks of participation in an allowable activity, Central Texas Workforce Center staff will forward the Form 1817 indicating that the customer is successfully participating. Verification of participation will be forwarded to the Department of Human Services during the first month following a direct referral of an ABAWD at initial certification or upon re-certification.

Customer participation in Food Stamp Employment and Training program components will be monitored on an ongoing basis by Workforce Center staff to which they are assigned. Participation monitoring will be conducted during weekly service management meetings, attendance forms, job search verification forms, and/or direct employer contacts.

The Central Texas Workforce Board monitors the Food Stamp Employment and Training program with a focus on outcomes achieved by the program in moving customers from public assistance to unsubsidized employment of self-sufficiency. The Board employee staff for the purpose of monitoring and contract management and also contracts for third-party monitoring services with highly qualified vendors of auditing and quality assurance services.

Workfare Participant Benefits -- The Central Texas Workforce Board will ensure that customers who do not qualify as "employees" are covered by on-site medical and accident insurance. Additionally, the Board will ensure through formal contract that employers and service providers accept liability for injuries of customers while on their premises. Finally, the Board will require that all Workfare customers receive the same job-related benefits at the same levels and to the same extent as similar non-Workfare employees; benefits will be related to the actual work performed (such as worker’s compensation).

Non-Financial Agreement – The Central Texas Workforce Board uses the boilerplate provided in the May 20, 1998 WD/WR Letter No. 62-98.

Coordination -- Coordination with all local social service agencies, including Housing assistance, is available through non-financial agreement. Local agencies have a formal, documented system of information and referral that ensures customers receive information/assistance regarding available resources for identified needs (based on a locally developed and cross-agency adopted, Customer Needs Check List). Central Texas Workforce Center service managers have received customer service training and strive to serve their customers holistically, either through services offered at the Centers or through formal referral to appropriate service provider partners.

C Employment Service -- Texas Workforce Commission’s Employment Service is a primary partner in the Central Texas Workforce Centers. Additionally, the Central Texas Workforce Board is responsible for planning and oversight of Employment Service programs in Central Texas. The methods for coordinating Workforce Center services including Food Stamp Employment and Training and Employment Services supports a seamless system of service delivery for mandatory customers as well as those requesting access to services. The Central Texas Workforce Board and the Texas Workforce Commission are partnering very successfully to occupy joint space and develop the capabilities of our local workforce customers. Employment services provide assistance to Food Stamp Employment and Training customers involved in work related activities.

C Board of Education -- In accordance with a customer’s Employment Plan, Central Texas Workforce Center staff refer the customer to services by local education agencies in the local Workforce Area, including Adult Basic Education programs, English as a Second Language instruction, high school equivalency programs, alternative education programs, pregnant and parenting teen programs, and any other appropriate services. Workforce Center staff refer customers to specific contact persons at each of the referred programs.

Through knowledge of services available through independent school districts and through other agencies in the community is essential to aiding Food Stamp recipients in overcoming barriers to employment that prevent their leaving public assistance. High quality referrals are an important tool in achieving the goals of the Food Stamp Employment and Training program.

C Vocational Education Agency -- The Central Texas Workforce Area is served by two excellent community colleges which provide a wide range of training and education services to the community and by two private universities. Program staff assist customers in accessing services through Workforce Center program resources and/or the schools themselves. Extensive information on educational opportunities is available to customers through the resource and technology services, such as the State’s Consumer Report Card System, in the Central Texas Workforce Centers.

 

C Texas Department of Human Services -- The Central Texas Workforce System coordinates very closely with the Texas Department of Human Services in several important activities including: referral, re-certification of eligibility of Food Stamp Employment and Training customers, and processing of exemptions and sanctions. Workforce Center staff promote direct referral of eligible Food Stamp Employment and Training customers through close coordination with Department of Human Service eligibility staff. Center staff ensure that Department of Human Service staff know when and where Employment Planning (initial orientations) are begin held. Pre-printed orientation appointment letters are available at the Department of Human Services for distribution to customers as they are determined eligible for Food Stamp assistance.

Workforce Center staff also accept responsibility for using appropriate forms and procedures to notify Department of Human Services staff within ten working days of customers exempted from participation. Workforce Center staff also work closely with the Department of Human Services staff to pursue appropriate and timely sanctions against Food Stamp Employment and Training customers who do not participate.

The efficiency of these processes is fundamental to the quality of customer outcomes achieved by the Food Stamp Employment and Training program. The Central Texas Workforce Board, in cooperation with Department of Human Services, emphasizes quality and continuous improvement of coordination efforts.

C Choices, Workforce Investment Act, Welfare to Work, Child Care Contractor and Workforce Center Services -- All Workforce Development staff and functions are coordinated through the single management system described in the Operational component of the Central Texas Workforce System Strategic and Operational Plan. Staff from Workforce Investment Act, Employment Service, Choices, Child Care Contractor, and Food Stamp Employment and Training are integrated to promote the highest levels of coordination for workforce development initiatives. Coordination with adult basic education and literacy is available through co-located, community college managed, computerized learning labs. TDHS eligibility is connected electronically to the Central Texas Workforce Centers. Coordinated services are already operational and will continue functioning accordingly.

Coordination of Choices and Food Stamps E&T: Work First services including orientation and the initial one-week job preparation workshop or otherwise agreed upon job readiness schedule, are jointly provided to Choices and Food Stamp E&T customers simultaneously. Coordinated delivery to maximize resources are further enhanced at locations where Workforce Development staff are co-located in Central Texas Workforce Centers. Customers who are require additional services will be referred through coordination of categorical program services for which they are eligible.

C Other Agencies -- ABAWD services are coordinated to establish workfare assignments and non-financial agreements. Prior to assigning customers, work sites are developed and a list of available sites is maintained. Before providing workfare assignment services, businesses must agree in writing to provide appropriate assistance as described in the Texas Workforce Commission Workfare Non-Financial Agreement as described in WD-WR 62-98.

Communities in Central Texas are fortunate to have many local agencies to address a wide range of needs, including clothing, food, rent, utilities, housing, mental health services, individual and family counseling, family and child protective services, medical services, and many others. A computerized, searchable database (PALADIN) is available over the Internet to locate local social services to address customers’ needs. The database is searchable by location and by type of service, with specific contact information so that referrals can be made quickly, appropriately, and effectively.

 

17. Choices Service Delivery

Level of Service -- The Central Texas Workforce Development Board designates Bell and Coryell counties as full-service counties. Because 90% of the Workforce Area’s Temporary Assistance for Needy Families recipients do not reside in Hamilton, Lampasas, Milam, Mills, and San Saba the counties are designated for low-level services. Review of the Region’s demographics indicates that no additional counties in the Central Texas Workforce Area have the necessary elements to support the legislation’s participation components. Therefore, the Board does not anticipate expanding levels of services for Temporary Assistance for Needy Families recipients at this time. However, for customers in counties designated for low-level services who voluntarily participate, their participation will be documented through any of four Central Texas Workforce Centers (based on the location at which the customer initially chooses to voluntarily participate.

Eligibility -- Central Texas customers are identified and certified as eligible Temporary Assistance for Needy Families, Choices program customers through the Department of Human Service SAVERR and TWIST Systems. Customers are deemed eligible if they are Temporary Assistance for Needy Families recipients residing in Bell and Coryell counties. Eligibility is also verified upon enrollment into the Temporary Assistance for Needy Families program with eligibility verification occurring monthly between the Texas Department of Human Services cutoff date and the 5^th of each month thereafter.

Time Limits -- All customers, those exempt as well as non-exempt customers, are subject to the time limits established under Texas House Bill 1863. Choices customers are informed during orientation and regularly reminded of their time-limited benefits and encouraged to attain employment. Additionally, all customers sign a Personal Responsibility Agreement at Texas Department of Human Services prior to beginning participation in workforce programs. All workforce activities are designed to focus on employment as the primary goal. Further, exempt customers, especially customers of two-parent families, are also counseled emphasizing time-limitations and encouraged to participate. To encourage participation, child care assistance requires customers to participate full-time.

The Central Texas Workforce Board targets customers within 6 months of exhausting benefits through the TL1 report, TABE results, and follow-up. The State’s automated outreach system will also be used as soon as the printing capabilities are available.

Program Services -- Choices customers are recruited by direct referrals from the Texas Department of Human Services and by outreach using TWIST to identify those customers with no open cases. Choices customers are also accepted as self-referrals if they meet Temporary Assistance for Needy Families, Choices eligibility as described in the Choices handbook.

Workforce Orientation for Applicants – To ensure maximum recruitment/enrollment into the Choices program, Texas Department of Human Services eligibility staff coordinate very closely with Workforce Center staff. The TDHS staff verify eligibility for Temporary Assistance for Needy Families benefits and screen for Choices candidates by county, level of education, and age. All adult Temporary Assistance for Needy Families Choices eligible residents of Bell and Coryell counties are then scheduled for one of two weekly Workforce Orientations for Applicants. Prior to receiving Temporary Assistance for Needy Families benefits, eligible customers are required to attend the Central Texas Workforce Centers’ Workforce Orientation for Applicants during which applicants are exposed to Workforce Center resources and services for immediate re-entry into the labor force. The process is standardized through the use of a Power Point computerized presentation for all orientations (available upon request).

Temporary Assistance for Needy Families applicants leave the Workforce Orientation for Applicants with a scheduled employment planning session date, time and location. Because of the greater participation rates required of two-parent households, direct and immediate customer referrals are made to Workforce Center staff so that customers can begin participation in Work First activities immediately.

Employment Planning Session -- The Employment Planning Session begins for customers on the first day of participation. Customers are reminded of their personal responsibilities, as delineated in Texas legislation including time limitations, participation requirements and required employer contacts. Customer assessment also begins day one and includes a situational assessment of needs, resources, barriers, education levels, employment history, and family needs. As stated earlier, literacy levels are assessed using the TABE. An individualized Employment Plan is developed by each customer with guidance from Choices service managers. Customers are also made aware of support services designed to remove barriers to employment.

Assessment/Literacy Assessment -- Initial orientation includes a situational and literacy assessment using the TABE. Workforce Center staff also provide basic assessment services within 30 days of beginning participation; basic assessment includes, but is not limited to, Career Compass, OSCAR, skills/interest inventories, Texas Workforce Commission Work Application (ES-511), Employment Plan Assessment (F2777), etc. Additional assessment is driven by the customer's Employment Plan and/or the customer's inability to succeed after participating in job search, employer contact, activities. Employment Plans, which serve as the tool for assessing progress towards a customer's goals, are reviewed/continuously updated by service managers.

Employment Planning -- Employment Plans are developed within 30 days of beginning participation or at first appointment with Choices staff. Texas Workforce Commission standardized forms are used for developing Employment Plans. The plan will be developed jointly by a service manager and customer, and the document will be continuously updated and reviewed by the customer's service manager.

Case Management -- The Employment Plan, as well as the service manager, will emphasize the time-limited nature of the customer's assistance and the customer's responsibilities to attain self-sufficiency. Service managers will also monitor participation rates and goal(s) attainment, etc., and, on occasions where customers are failing to accomplish their agreed upon tasks, customers will meet with case managers to reaffirm customer obligations and responsibilities, discuss/re-evaluate customer situations, and adjust Employment Plans. When warranted, penalties for non-participation will be initiated. One-on-one service management is always available for customers seeking additional assistance.

Work First Services -- Work First begins with a one-to-two week-long program focused on assisting Choices customers in attaining employment. Activities of the program include a one-to-two week-long job preparation workshop including survival skills training and employment seminars. Information on health/family planning and community service assistance and referral are also provided. Additionally, job matching and referral services are available for customers from day one of entering employment planning activities. One-on-one service management is always available in addition to the above group service activities.

Following the initial one-week job preparation activities, customers begin job search; both single and two-parent household customers are required to make twenty employer contacts per week and attend one weekly group employment seminar. Customers who have not attained employment within four weeks, or who are not employed full-time, participate in a review of their Employment Plan with their service manager. The customer and service manager discuss options, identify strengths, and determine/address barriers which may be hindering employment. Customers in need of training, GED, etc., are enrolled in and/or referred to the appropriate program component activity. Customers who are employed part-time will be encouraged to continue job search activities to attain full-time employment and/or discuss strategies to increase employment hours from part- to full-time positions.

The following component activities are available in Central Texas:

C Unsubsidized employment,

C Subsidized employment,

C Education and training,

C Employment skills training,

C Life skills or job readiness training,

C Parenting skills training,

C Work skills,

C On-the-job training,

C Business internship,

C Self-employment assistance,

C Community service, and

C Individual or group job search.

All Work First customers in Choices Component activities are enrolled based on assessment including strengths and weaknesses, and related goals as identified in each customers Employment Plan. Component selection is also strongly influenced by each customer's time limited benefits.

All Choices Activity Components being offered are currently available in both Central Texas Choices counties. Work Skills Training will be utilized for customers who have been unable to attain paid employment because of a lack of experience in a world of work environment or for those in need of obtaining new skills to locate employment.

Job Readiness -- Job Readiness is provided through the initial Work First job preparation workshop.

Employment Retention and Re-Employment -- Transitional services are available for former Temporary Assistance for Needy Families recipients who participated in Choices and subsequently attained employment. Services are coordinated with other workforce programs (for example, welfare to work) to ensure the most appropriate use of funds and activities. Employment retention/re-employment services are available for customers who need additional assistance to remain employed or to locate another job. Transitional assistance in Central Texas includes, as appropriate:

C Supportive services,

C Work-related expenses,

C Job readiness and assisted intensive job search,

C Job placement and job development,

C Referrals to education and training, and/or

C Transitional child care through Child Care Management Services.

Participation Requirements for Participants -- Expert System reports are used to determine and track customer participation rates. The reports are generated to identify participation levels, case manager load analysis, and customers by component activities -- i.e. support services, attained employment and pay range, type of employment, etc. Participation rate reports by case/service manager are provided to the respective service manager to track customer participation individually. The Levels of Participation Reports are also used by service managers and supervisors to evaluate the service manager's performance. All Temporary Assistance for Needy Families Choices customers who fall below their weekly participation requirements will be scheduled for a "good cause meeting" with their service manager. For customers with valid reason for non-participation, good cause is granted for up to three months. For non-exempt customers without valid reason for non-participation, a penalty is initiated resulting in a reduction of Temporary Assistance for Needy Families benefits for minimum periods of 1, 3, or 6 months. Penalized customers remain eligible for Choices services and are encouraged to actively participate. Exempt customers who voluntarily participate and who fall below their weekly participation requirements without valid reason for non-participation will have their case initiated for closure in a timely manner.

Targeted Services -- As stated previously, Choices customers are informed during orientation and regularly reminded of their time-limited benefits and encouraged to attain employment. Exempt customers, especially customers of two-parent families, are also counseled emphasizing time-limitations and encouraged to participate. Additionally, to encourage participation, child care assistance requires customers to participate full-time. The Central Texas Workforce Board also targets customers within 6 months of exhausting benefits through the TL1 report, TABE results, and follow-up.

Choices customers are recruited by direct referrals from the Texas Department of Human Services and outreach through TWIST to identify customers who don’t have open cases. Choices customers are also accepted as self-referrals if they meet Temporary Assistance for Needy Families, Choices eligibility as described in the Choices handbook.

Non-exempt teen customers are identified through automated outreach including letters and notices for group or individual meetings with designated staff for teenage Temporary Assistance for Needy Families/JOBS customers. Central Texas employs two teen/special populations service managers who work with school counselors to identify possible Temporary Assistance for Needy Families/AFDC eligible, at-risk students. Service managers schedule visits to schools and other sites to conduct group or individual intake orientation sessions/appointments. The Central Texas Workforce System also supports coordinated services to assist youth in remaining in or returning to school; Workforce System Youth Services partners include, but are not limited to: Communities in Schools, Job Training Partnership Act, Temporary Assistance for Needy Families, and Work-A-Student programs.

Supportive Services -- Choices eligible customers receive situational assessment which includes personal and family needs identification. Local support services are available to eligible customers on a case-by-case basis. Support service options include child care, weekly transportation expense, work-related expense, and payments for GED testing and certificates. Because of the limited resources and long waiting lists for child care, service managers explore alternatives for child care, for example, requesting assistance from a family member, prior to authorization for child care through CCMS. In the spirit of the "One-Stop" philosophy to do more with less, support services to customers eligible for multiple workforce programs funded through the Board will be coordinated in an effort to serve more customers efficiently and effectively. Additionally, community resources to address supportive services needs will be accessed through a formal referral process. For example, customers in need of attire for interviews are referred to Tailored Transitions in Temple where they are outfitted with complete interview apparel.

Plans for "Stacking Components" – In the course of a customer’s assessment of skills, needs, interests and barriers, it may be appropriate for an individual to engage in more than one allowable activity in order for the customer to obtain employment within prescribed time limits. The Board supports"stacking" as a method of service access that allows maximum access and options for Choices customers. Stacking requirements include (1) selection from the current allowable activities list and (2) mutual agreement by the customer and responsible workforce staff. When "stacking" occurs, each activity must be listed as an individual Service Plan goal that must be assessed and monitored by Workforce Center staff on a weekly basis.

Service Delivery Model Application to Workforce Center Activities -- The Central Texas service delivery model for Choices customers is designed to function within an integrated system of service delivery. The application of services must adhere to all State and Federal guidelines while using any and all allowable Workforce Center resources to assist Choices customers find and maintain employment that leads to self-sufficiency at the earliest opportunity.

Impact of Service Delivery Model on Participation Rates -- To ensure exemplary participation rates, the Central Texas service delivery model allows immediate access to Central Texas Workforce Center services for Temporary Assistance for Needy Families applicants and recipients. The automated outreach systems and cooperation with Texas Department of Human Services are used to ensure maximum referral of all non-exempt individuals and two-parent caseload individuals. To further improve participation rates, the Central Texas Workforce Centers will provide prompt assessment and monitoring of customer participation on a weekly basis. In addition, current data entry requirements, as set by the State, are also adhered to and monitored to document all Choices customers who are meeting federal participation requirements.

18. 30% Eligibility Provision for Welfare to Work Characteristics of Long-Term Dependence

The Central Texas Workforce Development Board defines the characteristics associated with long-term dependency in determining eligibility under the 30 percent provision to include:

C high school dropout

C teenage pregnancy

C poor work history

C physical disability or chronic illness

C perceived physical or learning disability

C physical, mental or verbal abuse

C low self-esteem

C poor motivation

C older worker

C veteran

C substance abuser

C offenders-record of felony conviction

C domestic violence

C poor health and/or poor nutrition

C lack of affordable child care

C homeless

C residents of public housing

C lack of reliable transportation

C limited English proficiency

C lack of documentation for I.N.S.

C 2 parent families qualifying for welfare assistance

C non-custodial parents

C lack of life and coping skills

C basic skills deficient

C poor if any math skills

C inadequate job search skills

C inadequate interviewing skills

C no knowledge of the local job market

C inadequate technical skills

C lack of technical and/or professional occupational/vocational skills

C long-term poverty

C single head of household

C female head of household

C no income from gainful employment

C no effort being made to secure gainful employment

C conditions in the household are such to discourage any attempt being made toward seeking a job

C no work history in the household

C little or no cash in the household which causes difficulties with diet, health in general, appearance, and attitude

 

19. Welfare to Work Time-Frame for Allowable Activities

The Central Texas Workforce System will provide Welfare to Work customers the following service options for 12 months beyond employment resulting in or which would result in denial of Temporary Assistance for Needy Families benefits or until self-sufficiency is attained, unless otherwise noted:

C Job Readiness/Job Search Activities

C Employment Activities

C Community Service Programs for no longer than 3 months to gain employability skills (used when other options exhausted),

C Work Experience Programs including paid and unpaid work experience,

C Job creation through public or private sector to include new employment opportunities that lead to permanent employment/economic development initiatives,

C Other employment activities that lead to long-term employment and self-sufficiency.

C Job Placement Services

C Placement appropriate to assessed employment plans and individual skills needs,

C Placement reflecting ability to access "career ladder" training activities through post-employment services.

C Post-Employment Services (including subsidized employment)

C Basic educational skills training,

C Occupational skills training,

C English as a Second Language training,

C Mentoring and job coaching,

C Other activities including assistance and training for employers (for example, mentor training).

C Job Retention or Support Services (last resort, Board will set specific criteria)

C Transportation assistance,

C Substance abuse treatment (non-medical services not otherwise available (i.e. covered by Medicaid),

C Child care assistance,

C Emergency or short term housing assistance,

C Other supportive services to promote employment retention:

C Employer training (for example, training on the culture of poverty, using Pathfinder training products),

C Work related expenses (for example, safety glasses, uniform, one time medical, etc.).

C Individual Development Accounts

C For individuals who become employed in a subsidized job, employees can match funds from the employer or other agencies (including the operating agency) with use of the funds limited to post-secondary education, business capitalization, or the purchase of a first home.

C Intake, assessment, eligibility determination, development of Individualized Employment Plans, and case management.

20. Job Retention and Post-Employment Strategies and Services

Eligibility: For those customers enrolled in programs that support job retention and post-employment strategies/services, the following activities are available, as permitted by individual program requirements and as necessary to ensure customers’ successes in attaining and maintaining employment of self-sufficiency.

Available Services:

C Subsidized employment,

C Basic educational skills training,

C Occupational skills training,

C English as a Second Language training,

C Mentoring and job coaching,

C Other activities including assistance and training for employers (for example, mentor training).

C Transportation assistance,

C Substance abuse treatment (non-medical services not otherwise available (i.e. covered by Medicaid),

C Child care assistance,

C Emergency or short term housing assistance,

C Other supportive services to promote employment retention:

C Employer training (for example, training on the culture of poverty, using Pathfinder training products),

C Work related expenses (for example, safety glasses, uniform, one time medical, etc.).

C Individual Development Accounts -- For individuals who become employed in a subsidized job, employees can match funds from the employer or other agencies (including the operating agency) with use of the funds limited to post-secondary education, business capitalization, or the purchase of a first home.

C Intake, assessment, eligibility determination, development of Individualized Employment Plans, and case management.

Time Frames – Subsidized employment is limited to 3 months’ placement at a minimum of $6.15 per hour. Transportation assistance, child care assistance, job retention assistance, and post employment assistance are provided for up to twelve months beyond denial of public assistance.

Methods of Delivery/Payment

C Workforce Center Staff Assistance direct program cost;

C Subsidized Employment paid directly to the customer in the form of wages; and

C Other services paid through supportive services vouchering system, cost reimbursement, provider reimbursement, or pre-paid assistance (for example, transportation, child care, etc.).

Limitations – Subsidized employment is limited to 3 months’ placement at a minimum of $6.15 per hour. Supportive services limitations are described in the Central Texas Workforce Supportive Services Policy provided herein.

Record Keeping -- Services are tracked using each customer’s Employment Plan. Subsidized employment hours are documented using employer-confirmed time sheets. Support Service are documented through Appropriate Central Texas Workforce Center form(s) and/or provider billings with documentation of services.

21. Individual Training Account System

Adults, dislocated workers, and youth customers* between the ages of 18-21, who are unable to attain employment of self-sufficiency after participating in the identified Core and Intensive services will be considered for enrollment in training services.

Prior to preparing Individual Training Account’s and to ensure equity of access as well as ability to benefit, a Training Application Review Committee located at each Workforce Center location will review the files of all persons eligible for and wanting training services. This review will include assessment and service management staff and may involve employers, educators, and/or former graduates as desired. The review should consider the following:

 

C customer priority status;

C customer objective assessment results;

C the customer’s job search portfolio including:

C verification of completion of identified Core and Intensive services;

C self-assessment results (i.e. interests, etc);

C job search results;

C Pell grant and scholarship application status;

C case notes developed during case-management appointment(s),

C the customer’s Individual Employability Plan, and

C the customer’s suitability evaluation as described under Intensive Services.

* Youth customers selected for participation in training using the Individual Training Account System must be co-enrolled in both the Workforce Investment Act Youth and Adult programs.

For individuals determined eligible, Individual Training Accounts will be established by the Workforce Centers. Individual Training Accounts will be used by customers to acquire training services for skills in identified demand occupations from training providers on the approved statewide list of eligible training providers. Individual Training Accounts place training resources in the hands of customers. Rather than being directed by staff to a provider of training, customers have the option to select training based on information provided and activities completed while participating in Core and Intensive services. Workforce Center staff will not encourage training at one school over another but may provide known facts about schools.

Identification of Demand, Targeted and Emerging Occupations – Identification of demand and targeted occupations will be accomplished through Central Texas Quality Workforce Planning. Because of the limited number and public nature (Community Colleges) of potential training providers in the Central Texas Workforce Area, costs will be limited through selection of training and courses in demand and targeted occupations.

Training made as Exceptions to Individual Training Accounts -- As stated in the Central Texas Training Provider Certification Policy, in order to provide training services funded through the Workforce Investment Act to Central Texas customers who have completed core and intensive services without attaining employment of self-sufficiency, all vendors must be certified eligible for programs submitted. Eligible vendors and programs will be only those listed on the statewide training vendors list. With the two exceptions listed below, no training program will be sponsored by the Central Texas Workforce System in any training facility or program not included on the state-certified list as eligible to receive Workforce Investment Act funds.

• Providers of on-the-job or customized training for employers are not subject to this policy or the state training provider certification system. However, the Board or the Texas Workforce Commission may collect information about these providers as deemed necessary and appropriate. Providers considered acceptable based on local and state criteria will be considered eligible providers for these services.

 

• Providers of youth training activities are not subject to this policy or the training provider certification system (except for post secondary training of co-enrolled youth between the ages of 18-21). The Board will identify youth providers on a competitive procurement basis predicated on recommendations of the Central Texas Youth Council and criteria published in the State plan. Youth training is not provided through Individual Training Accounts. Youth vendors are subject to State standards for core indicators of performance for youth programs contained in the Workforce Investment Act.

Individual Training Account Funding Limitations -- The Central Texas Workforce System sets cost caps for amounts for Individual Training Accounts based on reported in-state resident costs of approved training. Individual Training Accounts are funded at state residence rates only. Based on availability of funding, Individual Training Account allowable purchases include: books, fees, tuition and other education materials necessary to complete training activities.

On occasions when customers select training providers that are out of the Central Texas Workforce Area but listed on the statewide list, cost limitations on Individual Training Accounts will reflect the lesser of the cost of either the cost cap for the Central Texas Workforce Area or the cost to the workforce area in which the training is provided. For Individual Training Account purposes, Texas State Technical College in Waco, Texas is considered to be in the Central Texas Workforce Area and therefore, Central Texas cost limitations apply.

Individual Training Account Definition, Description, and Time Limits -- The Individual Training Account is a cost disclosure and agreement between the program operator and the customer. It sets up a local account for the customer and indicates the amount budgeted for the training. The Individual Training Account is valid for the duration of the training and need only be issued once unless there is a break in training of 6 months or longer. If a break of more than 6 months is anticipated or occurs, the Individual Training Account must be voided and reissued upon return. Individual Training Account’s will be issued only for training programs of 2 years or less published duration and may be for a maximum period of 3 years to allow a customer to finish.

Allowable Individual Training Account training costs -- Allowable costs include books, fees and tuition, tools, supplies, uniforms, specialized clothing such as safety boots, and other educational materials required to complete training as determined by course requirements.

C Supplies are paper, pencils, erasures, computer disks, film, and other items that are usually expendable. Based on the levels of funding it may be necessary to limit supply purchases. The Workforce Centers will, therefore, specify which supplies are approved for purchase and which are not.

C Tools include hand and power tools, measuring devices, safety items, tool boxes, and calculators. Based on levels of funding, it may be necessary to limit purchases. The Workforce Centers will, therefore, specify limitations on the purchase of tools.

C Books include text books, dictionaries, workbooks, and other books required by the program and which are on the book list for the program. Study guides, study notes, and other books not required by the course will not be purchased.

C Courses funded under an Individual Training Account will be only those published in the school’s program of instruction for the certificate or degree desired. Electives are allowable expenses but are subject to the following rules:

C Electives directly related to the training program may be included (computer elective for a programming degree, etc.).

C Electives not identifiable as program-related and which do not compliment or enhance the person’s employability or academic enrichment will not be funded. This includes electives such as ceramics, swimming (when not part of a required physical education elective), photography, music (other than music appreciation or music history), dancing, jewelry-making, etc. which may only be funded only if they are specifically required, by name, for the funded program.

Payment of Individual Training Account’s. Payment procedures will be published by the Centers in coordination with the Board and Fiscal agency. Documents and forms will be designed by the Centers in conjunction with the Board and Fiscal agency to indicate costs payable against the Individual Training Account and to provide an audit trail for payment for individuals for a specific period of training. Preferred method of payment is by check based on an invoice provided by the training provider, however, payment may be made by other allowable methods whenever required.

 

22. Contents and Submission Process for Training Provider Certification

In order to provide training services funded through the Workforce Investment Act to Central Texas customers who have completed core and intensive services without attaining employment of self-sufficiency, all training providers wishing to have persons funded by Workforce Investment Act attending training programs at their school must be state-certified as eligible for individual training programs. Except as listed below, no training program will be sponsored by the Central Texas Workforce System in any training facility or program not included on the state-certified list as eligible to receive Workforce Investment Act funds.

C To ensure continuation of training services to Central Texas Workforce System customers, all training institutions providing services to Central Texas Workforce System customers at the date of Workforce Investment Act implementation, July 1, 1999, will continue to provide such services until enrolled customers are no longer participating in the training for which they are enrolled.

C Providers of on-the-job or customized training for employers are not subject to this policy or the training provider certification system. However, the Board or the Texas Workforce Commission may collect information about these providers as deemed necessary and appropriate. Providers considered acceptable based on local and state criteria will be considered eligible providers for these services.

C Providers of youth training activities are not subject to this policy or the training provider certification system (except for post secondary training of youth between the ages of 18-21). The Board will identify youth providers on a competitive procurement basis predicated on recommendations of the Central Texas Youth Council and criteria published in the State plan. Youth training is not provided through individual training accounts. Youth vendors are subject to State standards for core indicators of performance for youth programs contained in the Workforce Investment Act.

Potential vendors in the Central Texas Workforce Area, not subject to automatic initial eligibility certification may be invited by the Board to apply for initial vendor eligibility as appropriate.

 

Application for Training Provider Certification, Initial and Subsequent:

Training providers desiring to submit application to the Central Texas Workforce Board for specific training programs for the purpose of becoming a certified training provider under the State Training Provider Certification System, or for subsequent re-certifying of programs currently approved, must do so via the automated state training provider application system on the internet. The application must be for the specific campus where the programs being certified are located.

Separate applications must be submitted for each training program. Workforce staff will provide technical assistance to providers concerning methods for access and in completing the on-line forms. Information may also be provided on required performance measures mandated by the Act and state rules. The Board will also provide to the applicant information pertinent to the Workforce Area including the list of demand and targeted occupations, specific documents to be provided to the Board separate of the on-line application, current state levels of performance, Board levels of performance if higher than the state’s, and an explanation of local requirements as applicable. The responsibility to submit a correct and complete application rests with the applicant.

Once received over the internet, applications and separate submissions will be reviewed by the Board’s review committee. The committee will review all applications submitted, either initial or subsequent, for completeness, correct data, submission of locally required items, and to ensure that the program(s) submitted are those which meet the demand and targeted occupations of the Central Texas Workforce Area. The decision may be made to approve or disapprove, or to request that the applicant correct or provide more information as applicable. Once final approval action is taken at the Board level, the application is forwarded to the state via the internet and is appraised at the Texas Workforce Commission. If approved by Texas Workforce Commission, the provider is placed on the statewide training provider list. If not approved, the application is returned and the applicant is precluded from resubmitting for six months. Applications not approved at the Board level will not be sent to Texas Workforce Commission.

If the Texas Workforce Commission in conjunction with the Central Texas Workforce Board determines that a provider or an individual providing information on behalf of the provider intentionally supplies inaccurate information, the Texas Workforce Commission will terminate the eligibility of the provider to receive funds for training services for a period of not less than two years.

Appeal: Written notification of approval or denial is made over the internet and, at Board discretion, may be followed up by certified mail. If by mail, the letter will include reason(s) for denial and information about the appeal process. Applicants may reapply after addressing reason(s) for denial or appeal the denial. If the appeal is denied, applicants may resubmit a new application no earlier than six months following the date of the denial of appeal. Detailed information about the appeals will be provided to all applicants.

 

Automatic initial eligibility is extended to vendors meeting the following requirements. These vendors are not required to submit performance data with their initial eligibility applications.

• Post-secondary educational institutions which are:
• eligible to receive funds under Title IV of the Higher Education Act and
• have programs leading to an associate or bachelor degree or a certificate.
• A vendor which carries out programs under the National Apprenticeship Act.

All other vendors submitting initial applications must qualify under the non-exempt eligibility standards outlined herein including all public and private providers of training services which do not meet requirements for exempt (automatic) initial eligibility or which desire to apply for eligibility for programs not described in Section 122 of the Workforce Investment Act. Apprenticeship programs not registered through the Bureau of Apprenticeship Training are required to apply for eligibility.

Training providers NOT automatically qualified for initial eligibility who wish to apply for vendor certification must do so to the Central Texas Workforce Board. Applications must be made via the internet.

Board and/or Centers staff may conduct an on-site visit at the location of each training program for all initial eligibility applicants unless the applicant has been previously utilized as a training provider and the facility is familiar to board or contractor staff.

The Board may, at its discretion, ask all applicants, regardless of application status, for information in addition to that requested on the State application. This may include but is not limited to:

 

• physical location of the training facility’s campus.
• A brief description (100 words or less) of the training facility or the provider.
• A brief description of each training program being submitted for consideration.
• The total number of contact hours of instruction for each program being submitted.
• Documentation of the vendor’s financial stability to include at a minimum a copy of most recent audit and financial statement.
• A description of the skill set acquired by each student completing each program.
• A list of occupations by Occupational Employment Statistics Code in which the skills set(s) have primary application.
• If any of the listed occupations are not on the demand occupations list provided to the applicant by the Board, evidence obtained from employers demonstrating that the occupation is, in fact, in demand will be included in the application as follows:
• Number of employers in the Central Texas Workforce Area which have hired more than one graduate from the program in the last 12 months. To be counted, the persons hired must have been placed into jobs directly related to the training received in the program.
• Number of those hired who remain employed on the date of the vendor’s application.
• Based on employer contacts, the approximate number of persons with the same qualifications as those provided by the training expected to be hired by employers within the next 12 months.
• Description of average class size and instructor/student ratio for each program.
• Provide each program’s full curriculum.
• The minimum hiring qualifications for training instructors involved in each program.
• The minimum entry requirements for a student entering each program such as reading or math, previous education, physical or health restrictions, or other program requirements.
• Description of training equipment used in each program and the equipment/student ratio.
• Description of specific employer support or involvement in each training program.
• Description of any formal assessment given prior to entry into the training program and the required outcomes.
• Number of persons enrolled who completed each program.

• Percentage of all individuals completing the program who obtained employment.

• Percentage of all individuals completing the program who obtained employment in an occupation directly related to training received in the program.
• Wages received at time of hire for all those employed after leaving each program.
• A written description of vendor methodology used to collect and verify performance information described above.

To secure the employment information required above, the applicant may submit an electronic record of training participant names, social security numbers, and date completed (or left) training in a format required by the Texas Workforce Commission. Applicants should submit electronic records directly to the Commission requesting a match be performed against Unemployment Insurance Wage Records. The list of persons submitted must have completed training at least 5 months prior to the submission in order to be matched against wage records. A fee may be charged by the Commission for this service.

Initial Application Submission and Processing: Applications for initial eligibility determination will be submitted in the Board via the internet in the format contained in the Texas Workforce Commission’s On-Line Application for Training Provider Certification. Applications may be submitted for consideration anytime during the year.

• Notification (invitation) to potential vendors will be published in local media at the discretion of the Board. It will include the necessity to apply via the internet site and to request, by telephone or in writing, additional information from the Board.
• All previously stated application submission requirements and automated procedures apply.
• The Board will provide applicants notice of approval or denial of certification via the automated system on the internet and, if considered appropriate, via registered mail. Unsuccessful applicants will be advised of local appeal procedures and time limits.

 

Subsequent Eligibility and Re-certification of Programs and Providers: All certified vendors, whether exempt or non-exempt from initial eligibility, are subject to subsequent eligibility and submission of program performance data to be verified at specified periods following initial certification. Application procedures concerning use of the automated system remain essentially the same for subsequent submissions.

23. Supportive Services Policy

Support Services Payments for Customers Enrolled in CHOICES and Food Stamp Employment and Training.

Fiscal cost limitations and procedures involving the payment and documentation of support services for persons enrolled in Welfare to Work, CHOICES, and Food Stamp Employment and Training will be developed in coordination with the Workforce Centers, The Board, and fiscal agency. Limits involving time and amounts of payments will be in accordance with either federal, state, or locally developed policy as applicable.

Transportation assistance is available to CHOICES, Welfare to Work, and Food Stamps Employment and Training customers. Customers in CHOICES, Food Stamp Employment and Training, and Welfare to Work may receive cash transportation assistance not to exceed a maximum number of days of participation in any calendar month, the maximum to be set by the Workforce Centers. Transportation assistance for weekend activities is allowed with appropriate verification of participation and/or employment. A minimum number of weekend job search contacts will be determined by the Workforce Centers.

Transportation assistance may continue beyond employment as work support services. Customers not on Temporary Assistance to Needy Families because they have exhausted the time limited Temporary Assistance for Needy Families benefits may receive transportation assistance under Welfare to Work funding without counting against state or federal time limits. Employed Welfare to Work customers may receive transportation assistance for days worked on weekends.

Specific customer needs should be considered in determining allowances as well as availability of transportation resources and the most appropriate method of providing transportation expenses. Public transportation is considered most appropriate if available, more economical, and it meets customer needs.

Transportation allowances for scheduled activities may be provided to persons enrolled in CHOICES, Food Stamp Employment and Training, and Welfare to Work. Authorization may be granted weekly or monthly based on attendance/ activity records. To ensure maximum customer participation, advance transportation allowances based on customer need may be allowed upon approval and in accordance with Centers and fiscal agency procedures. Disbursements to customers should be by check only, drawn according to fiscal agency and Centers procedures.

 

The daily rate schedule for customers using personal automobiles who need assistance with gasoline expense for activities may not exceed $10.00 per day as follows:

0-25 miles up to $2.50

26-50 miles up to $5.00

51-75 miles up to $7.50

76-100 miles up to $10.00

Payments will be based on the customer's service plan and may continue as long as the customer maintains satisfactory participation in CHOICES, Welfare to Work, or Food Stamp Employment and Training. Customers will not be paid for days not attended or when required activities are not completed. Payment advanced for days or hours not attended will be recovered by reducing the next week’s payment by the amount previously paid for the time missed.

Payment for transportation allowances for scheduled activities should be authorized only if the participant is to receive the minimum reimbursement. Anything less will be held until the reimbursement reaches the set minimum. Exceptions may be considered for exceptional circumstances such as a customer’s last week of participation or if workforce center office closings result in less than 4 days of customer participation. Under special circumstances customers demonstrating special need may receive transportation expenses up to a maximum set by local Workforce Centers policy for needs such as travel to GED testing, licensing exams, or job interviews.

Work Related Expenses is allowed once during a 6 months period for Food Stamp Employment and Training customers who obtain employment paying at least current federal minimum wage. The employment must be verified by the employer and documented. This expense is limited to transportation related items such as gasoline, car repair, or a car battery and must be documented by receipts. If it is determined that the customer is unable to purchase items in advance, workforce staff may purchase the required items by charge account or other means allowable, on-site and in the company of the customer.

CHOICES customers may receive a work-related expense once during a 6-month period to accept or retain a specific and verified job offer paying at least minimum wage. Items purchased for work related expenses should be those necessary to allow the customer to accept or retain the verified job offer. They include, but are not limited to, tools, uniforms, equipment, transportation, car repairs, housing, moving expenses, and the cost of required examinations or certificates for vocational purposes.

C Payment should be made on a reimbursement basis, paid by check, and based on valid receipts for items purchased.

C The expense may be issued up to the maximum amount set by the Workforce Centers as allowable within the six month time frame.

C For customers who are unable to pay this expense first and then seek reimbursement, staff may purchase items through other means such as authorized charge accounts or other allowable means.

Support Services Payments to Customers in Work First, Educational, and Work Skills Training Activities.

Payments may be made weekly. Payment packages will contain all appropriate forms and documentation to support the request. Forms/documents and file content supporting the request package will be developed and published by the Workforce Centers and must conform to Board and fiscal agency requirements. Requests will be submitted by center staff in a timely manner using time lines set by Centers policy.

The center administrator will designate, in writing to both the Workforce Board and fiscal agency, the persons responsible for preparing and signing checks drawn on the petty cash account. A primary and alternate should be designated for each program and changed whenever necessary.

Check Copies and Petty Cash Rosters.

Check copies and petty cash rosters will be completed and reviewed in accordance with procedures set by the Centers, the Board and fiscal agency.

Care should be taken to ensure that petty cash rosters are reviewed prior to dispatch to fiscal agency to ensure that the persons paid are valid center customers.

Support Service Payments for Temporary Assistance for Needy Families Applicants.

Support service payments may be made to workforce customers who have applied for Temporary Assistance for Needy Families benefits with Texas Department of Human Services (DHS) and have attended or were scheduled to attend the Workforce Orientation for Applicants prior to Temporary Assistance for Needy Families certification. Payment may be made for customers engaged in job readiness/job search activities or for those who have become employed prior to Temporary Assistance for Needy Families certification. The payment procedure for Temporary Assistance for Needy Families applicants will follow that published by the Centers, The Board, and fiscal agency as they apply to Choices customers in a Work First activity. Support payments are limited to transportation allowances and work related expenses classified as non-recurrent benefits and dealing with an episode of need not to exceed a time period set by the Centers.

Support services may be provided to applicants of Temporary Assistance for Needy Families on a post-employment basis based on verification of a job offer. To receive services, the job offer must be for at least minimum wage. Once the job is verified by the employer or other reliable source, the center staff must report the applicant’s employment to the Texas Department of Human Services in a timely manner.

Temporary Assistance for Needy Families applicants with a verified job offer may be provided a Work Related Expense of up to a maximum amount set by the Centers for a 6 month period. The Work Related Expense will be based on customer need in order for the customer to accept or retain the verified job offer. Expenses include, but are not limited to, tools, uniforms, equipment, transportation, car repairs, housing or moving expenses, and the cost of any required examinations or certificates.

Work Related Expenses may be purchased as a reimbursement to the customer and will be based on receipts for items purchased. If the purchase must be made in advance rather than as a reimbursement, center staff may choose to purchase the items using either a check or other means as allowable. Temporary Assistance for Needy Families applicants may receive childcare assistance if funds are available as a post-employment service necessary for the customer to accept or retain a verified job offer.

Support Payment and Authorization for GED.

GED exam costs may be paid for CHOICES, Food Stamp Employment and Training, and Welfare to Work customers. The customer must demonstrate readiness to take the GED exam through monitored progress in an adult education program or by attaining sufficient scores on the official GED practice test.

Staff initiating authorization for payment must complete the Center’s Individual Referral Contract (GED). Centers will not request GED tests for persons who have no completed GED contract.

Job Retention and Support Service Payments for Welfare To Work Activity

Support and job retention payments to a childcare contractor, identified through assessment of need, are allowed for Welfare to Work customers to ensure activity participation and employment retention. Individual needs will be documented and services provided only after all other resources have been exhausted. Payments may begin once a customer has been engaged in a job readiness or employment activity. Time restrictions will be in place regarding access to funds. Support and job retention payments will follow state and federal guidelines.

Once determined eligible for Welfare to Work services and/or engaged in allowable activities, customers may access the following services:

C Child Care: Customers have access to childcare centers designated by the Board’s childcare contractor. Customers may also self-arrange care but, in this case, the provider must be the great grandparent, grand parent, aunt, or uncle of the child. Rates will be in accordance with the Board’s rate system. Payments will be maintained as long as the customer is eligible for Welfare to Work services and abides by agreed-upon activities in the customer’s service plan. Welfare to Work customers co-enrolled in Choices may have childcare funded by Temporary Assistance for Needy Families funds if Welfare to Work funds are limited.

C Transportation Expenses: Customers may receive transportation expenses. Transportation benefits will have no adverse effect on the Temporary Assistance for Needy Families case for customers receiving Temporary Assistance for Needy Families and in Welfare to Work. Customers who have exhausted time limited Temporary Assistance for Needy Families benefits may also receive this benefit. Welfare to Work customers who maintain employment may also continue to receive transportation expenses as work support on a weekly or monthly basis based on positive verification of attendance.

C Payment to customers in employment activities such as work experience, community service, or subsidized or unsubsidized employment, may be made either a weekly or monthly basis.

Individual Expenditure Account for Welfare to Work

Each Welfare to Work customer will have an individual account from which specific support and job retention payments may be paid. The account will be limited to an amount set by the Centers. It allows customers access to funds and services that facilitate long term employment and family stability. Some services may be accessed once the customer has secured employment. Other services may be accessed once the customer has been determined eligible for Welfare to Work and/or is engaged in an activity.

The individual account allows the customer to negotiate for goods and services. The customer will be counseled about allowable expenditures and account management. Some services and goods are accessible only after specific criteria are met as defined under each service. Each account will be closely monitored to ensure that the customer does not spend more than is allowed. Funds drawn against each account will be paid using current Centers, Board, and fiscal agency procedures.

The following support or job retention payments may be deducted from the individual account subject to certain limitations:

C Emergency or Short Term Housing Assistance: Assistance with housing costs such as deposits, rent, or mortgage payments may be accessed by customers to stabilize their housing situation. As a start up cost, the first month’s rent may be paid. Further assistance may be approved with factors such as current rate of pay factored in. Services may be accessed as pre- or post-employment time frames. Housing assistance may include home supplies necessary to maintain home stability and/or utility or phone deposits or overdue payments to maintain housing and employment stability. Payments of this nature may be authorized once it is determined that funds from other sources are not available. An attempt will be made to recoup any paid deposits if the customer moves,

Rental deposits or short-term rent/mortgage assistance must include appropriate supporting documents. Staff should personally authenticate documents presented.

C Substance Abuse Treatment, Non Medical: Non-medical substance abuse treatment may be accessed as pre employment services. Non medical treatment is defined as services performed by counselors, technicians, social workers, and psychologists not in the medical profession. Services not provided in a hospital or clinic, including 24-hour care, are considered non-medical.

C Car Repairs: One-time assistance with car repairs may be provided to facilitate or retain employment. Costs include, but are not limited to, vehicle licensing, registration, and testing fees. Car insurance payments may be authorized as a start up expense not to exceed the time limit set by the Workforce Centers.

C Initial expenses under this category is limited to minor repairs such as tire and battery replacement, or other lower cost items.

C After 6 months of employment retention, the customer may access funds for a major repair.

C Car repairs will require documentation of at least 3 original estimates from established businesses prior to approval. The least expensive estimate will should be authorized for payment. Insurance payments will require a copy of the current policy showing the start up and monthly cost for insurance.

C GED Exam Payment: Customers engaged in basic education activities and who have demonstrated readiness to take the exam may use the account for test fees. A GED payment contract between the centers and the testing agency is required prior to payment.

C Licensing and Certification of Profession: Licensing or certification fees for a customer’s profession may be paid from the account in order for the customer to accept or retain a job offer.

C Employment Drug Screens: Screening costs may be paid if needed to accept or retain a job offer if no other means are available.

C Work Related Expense: This includes assistance in paying for uniforms, tools, equipment, and work attire, and related items. Payment requires verification of a job offer and may be either in advance or on a reimbursement basis.

C Initial Start Up Expense: Welfare to Work customers may use up to an amount determined by the Centers upon the initial job offer for work related items. Additional funds may be authorized depending on the items required.

C After 3 months of job retention the customer may use funds in an amount set by the Centers for additional expenses to retain employment. The workforce staff must verify that the customer is in good standing with the employer and that continued employment is also verified. Additional funds may be requested if additional work related expenses are required to retain employment.

C Incentive payments may be made to Welfare to Work customers to facilitate job search, job retention, service participation, and family/home stability. Direct cash payments may not be provided to avoid the TDHS and Welfare to Work definitions of cash assistance. Case file documentation will reflect the connection to allowable Welfare to Work activity. The following are examples of incentive payments:

C Post job readiness makeover (haircut, manicure etc).

C Gift certificate for vehicle oil change

C Gift certificate for groceries

C Non-start up car insurance payment

C Verified work related expense

C Work related outfit

C Interview outfit

C Vehicle tune up

C Current month utility bill

C Current month phone bill

C One month’s rent or mortgage payment

Incentive payments will not be deducted from the customer’s Individual Expenditure Account and will be pre-approved by Welfare to Work staff. Payments may be authorized by fiscal agency checks or other allowable means. Authorization includes, but is not limited to, completion of job readiness activities, first job interview, completion of first week of employment, completion of first month of employment, or receipt of first raise.

24. Performance Negotiations

The Central Texas Workforce Board will ensure local performance using the negotiated performance and corrective actions which are placed into contract to ensure compliance.

Board (Administrative Entity) and Contractor Responsibilities – Contractor will guarantee that it is responsible and possesses the ability to perform successfully under the terms and conditions of any contract, that it has adequate financial and technical resources or the ability to obtain such resources as required during the performance of any contract and that it has the administrative capability and competence necessary to carry out the terms and conditions of contracts exactly as specified. Additionally, the Contractor must assure the Administrative Entity that its performance under the terms and conditions of any contract(s) will be in accordance with the highest integrity and business ethics. If the Administrative Entity determines at its sole discretion that the Contractor is not responsible, that it does not possess the administrative, financial, and technical resources and capabilities necessary to successfully perform under the terms and conditions of any contract in accordance with the provisions of Section 105, it shall terminate such contract(s).

The Administrative Entity, in its sole discretion, may deem the Contractor a "high risk" if there is serious question or issue regarding the Contractor’s administrative, financial or technical capability in meeting the terms and conditions of a contract. This may occur if the Contractor:

C has a history of unsatisfactory performance, or

C is not financially stable, or

C has a management system which does not meet management standards as determined by the Administrative Entity, or

C has not conformed to terms and conditions of previous awards, or

C is otherwise not responsible as determined by the Administrative Entity. In such event, the Administrative Entity may establish and impose upon Contractor any special conditions and/or restriction it deems in its sole discretion, appropriate and necessary for the duration of any contract period or until such time as the "high risk" status is removed.

Prohibition Against Exceeding Terms of Contract -- The Contractor shall not exceed the amount of funds to be expended or enroll more participants than is stipulated in this contract without prior written approval of the Administrative Entity. If such over-enrollment and/or over-expenditure on the part of the Contractor occurs without the prior written approval of the Administrative Entity, the Contractor will not be reimbursed by the Administrative Entity for costs incurred through said over-enrollment and/or over-expenditure.

In the event of such over-enrollment and/or over-expenditure on the part of the Contractor, a contract may be canceled, terminated, or suspended in whole or in part, the Contractor may be declared ineligible for further contract(s), and such other sanctions may be imposed and remedies invoked as otherwise provided by the contract.

Regardless of the participant service level identified in any contract, enrollments will cease once allocated encumbrance level is met. The Contractor will be said to have fulfilled its contract obligation.

Corrective Actions -- The Contractor’s failure to comply with any provision of a contract and the attached Statement of Work, with any applicable federal or state laws and regulations, or Texas Workforce Commission rules, issuances, guidance letters, policies or procedures may subject the Contractor to sanctions and/or remedies imposed by the Board, Texas Workforce Commission or the Governor of the State of Texas.

Financial Related Corrective Actions – The Board retains the right to deduct the amount of any advance payment or previous overpayment made by the Board from any subsequent payment made by the Board. Failure to comply with the contract is valid justification for immediate termination and /or refusal to honor the charges or any portion of the charges that are not submitted within specified time limit.

The Contractor shall submit requests for an advance to coincide with immediate cash needs and shall assure that no excess cash is on deposit in the Contractor’(s) accounts. Excess cash is defined in the Texas Workforce Commission Financial Manual for Grants and Contracts. The Board may unilaterally change the method of payment from advance to reimbursement if the Board determines that the Contractor has maintained excess cash or if the Board identifies a material deficiency, as defined in the Texas Workforce Commission Financial Manual, in the cash controls or financial management system maintained by the Contractor. Failure to adhere to these provisions may result in funds being provided through a reimbursement process and/or the imposition of sanctions as set forth in this Section.

The Contractor shall be liable for and shall repay to the Board, on demand, any amounts which are not expended in compliance with these contract provisions, or disallowed as a result of a resolution agreement. The Contractor shall further be responsible for any audit exception or other payment deficiency in the program covered by this contract, which is found to exist after monitoring, review, or auditing by any party as authorized or required by the Board. The Contractor shall be liable for such funds and shall repay such funds even if the improper expenditure, if any, is made by a subcontractor.

All repayment made by the Contractor shall be from non-federal funds. The Contractor’s failure to pay within 30 days after demand may result in legal actions to recover such funds, sanctions, and /or additional costs, including allowable interest.

 

If the Contractor proposes to use stand-in costs as a substitute for otherwise unallowable costs, such proposal, as required by 40 TAC 805.230 (b) must be included in the information provided to the Board during the informal resolution period, and shall be subject to final review and approval by Texas Workforce Commission and the U.S. Department of Labor; and, as required by 20 CFR 627.480(f) shall be included in the subject audit resolution report, and the proposed stand-in costs shall have been reported as uncharged program costs, included within the scope of the audit, and accounted for in the Contractor’s financial management system.

If the Contractor fails to submit to the Board in a timely and satisfactory manner any report required by contract, or otherwise fails to satisfactorily render performances hereunder, the Board may withhold payments otherwise due and owing the Contractor. If the Board withholds payment, it shall notify the Contractor in writing of its reasons for withholding payment. Payment withheld pursuant to this paragraph may be held by the Board until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor.

Notwithstanding the Board’s exercise of its right of early termination, the Contractor shall not be relieved of any liability for damages due to the Board. The Board may withhold payment to the Contractor on this contract until such time as the exact amount of damages due to the Board from the Contractor is agreed upon or is otherwise determined by the Board.

Prior to imposition of sanctions or withholding of funds, the Board will provide a 30 day period for the Contractor to cure any deficiencies subject to any time limits imposed by law or regulation.

Any sanctions or remedial measures imposed by contract may be appealed pursuant to the state appeals provisions, and any applicable federal or state laws and regulations governing the program services which are the subject of the contract.

25. Self-Monitoring and Monitoring of Subcontractors

Monitoring is defined as the systematic, periodic, and regular review of management systems. Monitoring is classified into three categories: 1) compliance monitoring; 2) program performance monitoring; and 3) managerial monitoring.

Compliance monitoring seeks to determine the extent to which programs, projects, and services are operating to meet all legal, fiscal, administrative and programmatic requirements. Desk reviews, on-site inspections, interviews of staff and participants, and reviews of records and facilities are used to discover existing or potential problems and to determine what corrective actions may be required.

Program performance monitoring evaluates the extent to which programs and program components are achieving quantified performance objectives established in the current approved job training plan for the period under review. This is usually accomplished through desk review of planned versus actual performance activity as described in required Management Information System (MIS) participant and program activity reports. This type of monitoring may be used as part of the analysis in selecting service providers or in writing performance-based contracts. Further benefits of program performance monitoring are: to assist contractors and subcontractors toward achieving goals and objectives; to identify existing, potential, or emerging problems; and to recommend appropriate corrective measures.

Managerial monitoring focuses on the extent to which organizational and operational systems, procedures, and practices are functioning effectively and efficiently. After identifying noncompliance or deviations from the plan, the process consists of identifying causal factors and determining the most efficient and effective means for improving performance. These efforts entail review of organizational relationships and structures, operating policies and procedures, and staff functions and interrelationships. It may focus on work flow, call into question the planning process or external program linkages, or even identify the need for services not currently provided or conflicts in scheduling. Managerial monitoring helps to ensure that internal management systems are functioning effectively and efficiently in detecting problems and in determining whether new systems or changes may be necessary.

Although compliance monitoring is generally the type upon which the most attention is focused, the combination of all three types of monitoring enhance the overall monitoring and self-evaluation function.

It shall be the purpose of the Central Texas Workforce Board, through the use of internal monitoring units and/or contracted monitoring services, to monitor and review all program activities conducted by the Central Texas Workforce Area’s programs, to ensure compliance with the H.B. 1863 and the attendant acts and regulations, and the Texas Workforce Commission contract and issuances.

Monitoring staff/contractors shall report to a level of management which will be high enough to ensure adequate monitoring coverage and appropriate action on findings and recommendations as specified in these procedures.

Functions of the Monitoring Contractor -- The monitoring contractor will conduct the following activities:

C Perform two semi-annual monitoring visits per year, reviewing all aspects of categorical workforce development programs described in Texas H.B. 1863

C Submit written report of findings to Central Texas Workforce Board and the Central Texas Workforce Board within 30 days of review.

C Provide technical assistance to staff members.

C Review monitoring procedures annually for procedural changes.

The following evaluations may be made by desk review of reports, field (worksite) visitation and monitoring of files and records. Included in the semiannual review and evaluation of all categorical program activities will be the following:

C Intake and assessment procedures

C Participant eligibility

C Prohibition of public service employment

C Procurement

C MIS, reporting and records

C Reports, budget and participant

C Allowable costs

C Classification of costs

C Limitation on certain costs

C Grievance, investigations and hearings

C Client tracking system (MIS)

C Personnel standards and practices

C Fraud and abuse

C OJT contracts (as applicable)

C Classroom (occupational and vocational) training programs

C Financial management

C Worksite compliance

C Subcontractors

C Program Accessibility (including limited English speaking)

C Childcare

C ABAWDs

C Outreach

C Sanctions

C Closure

C Job Readiness

C Job Search

Technical Assistance -- One of the primary functions of the Monitoring Contractor is to provide technical assistance to the programs’ staff in interpreting H.B. 1863, the pertinent legislation, regulations and procedures to ensure compliance. This technical assistance will be provided in the form of daily contact and consultation, and through written "monitoring notes" where warranted.

Errors/Deficiencies – Where errors, deficiencies and omissions are discovered, the monitor shall provide notice to the appropriate staff member so that corrective action can be taken. If a deficiency occurs repeatedly, or frequently, a subsequent repeat finding will be issued clarifying the procedure in question. When possible, the monitor should consult with Texas Workforce Commission concerning the legislation and federal or state regulations in order to prepare recommendations for corrective action. If fraud is found or suspected, the monitor shall immediately notify Texas Workforce Commission for further action.

Program Accessibility – An accessibility survey will be conducted each year using the guide contained in the federal ADA procedures manual and any other pertinent program specific guides.

Fraud And/Or Program Abuse – When an allegation of fraud or program abuse is made, the program and/or financial monitors will be notified and a preliminary investigation will be conducted immediately. The monitor(s) will report findings and recommendations, in writing, to the program director and the Central Texas Workforce Board.. The program director with Board approval, will decide whether the allegation will be reported to Texas Workforce Commission/OIG. During the investigation no invoice will be paid to the alleged offender. All correspondence concerning the investigation will be kept confidential, and will be so marked.

If the allegation involves the program director, the monitors will report findings to the executive director of the Board. If the executive director of the Board is implicated, the findings will be reported directly to Texas Workforce Commission/OIG.

Functions of the Central Texas Workforce Board Planning/Evaluation Committee -- This committee has been designated as the official oversight body for the Central Texas Workforce Board. The committee will review regular reports on all state/federal and local audits and monitoring reviews. The committee will meet in accordance with the local monitoring schedule and after state/federal monitoring reports are received. The oversight committee will then give reports to the Central Texas Workforce Board at regularly scheduled meetings .and reports made to the Central Texas Workforce Board. Programs under the administration of the Board will be monitored in accordance with their respective time frames.

 

26. General Liability Insurance

The Central Texas Workforce Board will purchase insurance from third party carriers sufficient to cover assets, and potential operational and customer liabilities. The Board will also require that all entities under contract to provide program services for the Board shall have insurance from third party carriers sufficient to cover assets, and potential operational and customer liabilities.

General Liability Insurance -- The Central Texas Workforce Board and all subcontractors for the delivery of program services must be covered by general liability insurance for personal injury and bodily injury and property damage to a third party. The minimum amount of coverage shall be $ 500,000 per occurrence or $ 1,000,000 aggregate.

Customer (Participant) Insurance – The Central Texas Workforce Board and all contractors, subcontractors and vendors shall insure that customers (participants) who do not qualify as "employees" are covered by on-site medical and accident insurance.

Automobile Insurance -- The board and any contractors, subcontractors or subrecipients must obtain general liability insurance on vehicles purchased or leased with federal or state program funds. Such automobile insurance must provide $ 100,000 liability per occurrence, $ 300,000 aggregate liability, and $ 100,000 property damage. A reasonable deductible is allowed. In the case of personally owned vehicles operated by staff employees for program purposes, the Central Texas Workforce Board shall include an endorsement in its general liability insurance coverage for "Hired and Non-Owned Vehicles" which covers the Board for liabilities incurred in the operation of theses vehicles for program purposes.

Each contractor, subcontractors or subrecipient include an endorsement in its general liability insurance coverage for "Hired and Non-Owned Vehicles" which covers them for liabilities incurred in the operation of such vehicles for program purposes. Alternatively, any contractor, subcontractor or subrecipient may require proof of liability coverage (at levels equal to the amounts required by state law) from any staff employees who are reimbursed for mileage on personally owned vehicles.

Directors and Officers Liability Insurance – The Central Texas Workforce Board shall purchase directors’ and officers liability insurance which covers any actions of the directors, officers, and employees of the Board in the performance of their lawful duties as a director, officer or employee of the Central Texas Workforce Development Board. This coverage shall also include liabilities arising from alleged "Employment Practices Wrongful Acts". The amount and form of this coverage shall be determined by the Board based on sound business practices.

Fidelity Bonds (FMCG Chapter 4, Section 4.01) -- The Central Texas Workforce Board requires that all entities under contract to provide program services for the Board shall have a fidelity bond. The Board will maintain a bond that insures the Board from losses which result from all acts of employee dishonesty. The amount of the bond shall be equal to the maximum anticipated amount of funds on hand at any point. The bond shall be a blanket bond covering all employees. The Board shall be the bond owner but the Texas Workforce Commission shall be the certificate holder.

All recipients of funds from the Board shall also obtain a blanket fidelity bond and name the Central Texas Workforce Board as the certificate holder. Provisions requiring this insurance shall be included in all contracts with program service providers and shall be the responsibility of Board staff to ensure that current copies are maintained in contract files.

27. Local Funds and Matching Federal Funds

Contractor, Contractor staff, the Board, and Board staff have responsibility for pursuing local funds and in-kind contributions. The Board and Board staff will disburse federal matching funds in accordance with local, state, and national limitations, rules, regulations, and laws. All federal matching funds will only be used in accordance with the corresponding match requirements. No funds will be matched more than once without express consent from all entities requiring resource matching.

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