The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1) Address of record--In addition to the mailing address
contained in the application for approval, each provider shall establish
an email address of record, with the format of the address to be "ProviderName.Director@xdomain."
This email address of record must consistently include a minimum of
two current recipients. Providers currently licensed with TWC's Career
Schools and Colleges (CSC) program must use their CSC-approved email
of record.
(2) Agency--The unit of state government established
under Texas Labor Code, Chapter 301, that is presided over by the
Commission and administered by the executive director to operate the
integrated workforce development system and administer the unemployment
compensation insurance program in this state as established under
the Texas Unemployment Compensation Act, Texas Labor Code Annotated,
Title 4, Subtitle A, as amended. The definition of Agency shall apply
to all uses of the term in this chapter.
(3) Community-Based Organization--As defined in WIOA §3(10),
a private nonprofit organization (which may include a faith-based
organization), that is representative of a community or a significant
segment of a community and that has demonstrated expertise and effectiveness
in the field of workforce development.
(4) Customized Training--As defined in WIOA §3(14),
means training:
(A) that is designed to meet the specific requirements
of an employer (including a group of employers);
(B) that is conducted with a commitment by the employer
to employ an individual upon successful completion of the training;
and
(C) for which the employer pays:
(i) a significant portion of the cost of training,
as determined by the local Board, taking into account the size of
the employer and such other factors that the local Board determines
to be appropriate, which may include the number of employees participating
in training, wage, and benefit levels of those employees (at present
and anticipated upon completion of the training), relation of the
training to the competitiveness of a participant, and other employer-provided
training and advancement opportunities; and
(ii) in the case of customized training (as defined
in subparagraphs (A) and (B) of this paragraph) involving an employer
located in multiple local areas in the state, a significant portion
of the cost of the training, as determined by the Commission, taking
into account the size of the employer and such other factors that
the Commission determines to be appropriate.
(5) Eligible Training Provider (ETP)--A training provider
as defined by this chapter with one or more programs included on the
statewide ETPL.
(6) Eligible Training Provider List (ETPL)--The statewide
list of ETPs that may receive funds through individual training accounts
for training services at the discretion of Boards and as defined by
this chapter.
(7) Individual Training Account (ITA)--Payment agreement
established by a local Board on behalf of a participant with a training
provider. ITAs may be used only to pay for a training program included
on the statewide ETPL, except where an out-of-state program is approved
by the Board in accordance with §840.53 of this chapter (relating
to Compliance Violations).
(8) LWDA--Local Workforce Development Area (workforce
area) designated by the governor as provided in Texas Government Code, §2308.252.
(9) LWDB--Local Workforce Development Board (Board)
created pursuant to Texas Government Code, §2308.253, and certified
by the governor pursuant to Texas Government Code, §2308.261.
(10) On-the-Job Training (OJT)--As defined by WIOA §3(44),
a training by an employer that is provided to a paid participant while
engaged in productive work in a job that:
(A) provides knowledge or skills essential to the full
and adequate performance of the job;
(B) is made available through a program that provides
the employer with partial reimbursement of the wage rate of the participant
for the extraordinary costs of providing the training and additional
supervision related to the training; and
(C) is limited in duration as appropriate to the occupation
for which the participant is being trained, taking into account the
content of the training, the prior work experience of the participant,
and the service strategy of the participant, as appropriate.
(11) Target Occupations--As determined by LWDA, include:
(A) occupations that:
(i) are in-demand, as defined by WIOA §3(23);
(ii) have a dedicated training component; and
(iii) provide wages that meet self-sufficiency requirements
in the LWDA; or
(B) occupations that are included in career pathway
leading to an occupation described in subparagraph (A) of this paragraph.
(12) Training Provider--As set out in WIOA §122(a)(2),
provides a program containing one or more training services, as defined
by this chapter, and must be one of the following entities:
(A) an institution of higher education that provides
a program that leads to a recognized postsecondary credential;
(B) an entity that carries out programs registered
under the Act of August 16, 1937 (commonly known as the "National
Apprenticeship Act"; 50 Stat. 664, Chapter 663; 29 USC §50 et
seq.); or
(C) another public or private provider of a program
of training services, which may include:
(i) community-based organizations;
(ii) joint labor-management organizations; and
(iii) eligible providers of adult education and literacy
activities under WIOA Title II, if such activities are provided in
combination with occupational skills training.
(13) Training Services--As provided in WIOA §134(c)(3)(D),
may include:
(A) occupational skills training, including training
for nontraditional employment;
(B) OJT;
(C) incumbent worker training;
(D) programs that combine workplace training with related
instruction, which may include cooperative education programs;
(E) training programs operated by the private sector;
(F) skill upgrading and retraining;
(G) entrepreneurial training;
(H) transitional jobs;
(I) job readiness training provided in combination
with any services described in subparagraphs (A) - (H) of this paragraph;
(J) adult education and literacy activities, including
activities of English language acquisition and integrated education
and training programs, provided concurrently or in combination with
any services described in subparagraphs (A) - (H) of this paragraph;
(K) customized training conducted with a commitment
by an employer or group of employers to employ an individual upon
successful completion of the training.
(14) WIOA--Workforce Innovation and Opportunity Act,
PL 113 - 128, 29 USCA §3101, et seq., enacted July 22, 2014.
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