| (a) In order to participate in the WORKS Internship
Program, an employer must:
(1) be a private nonprofit or for-profit entity or
a governmental entity;
(2) enter into an agreement with the Coordinating Board;
(3) provide employment to a student placed through
the program in nonpartisan and nonsectarian activities that relate
to the student's career interests with identifiable marketable skills;
(4) use program positions only to supplement and not
supplant positions normally filled by persons who are not eligible
to participate in the program, as provided by this subchapter;
(5) provide the entirety of an employed student's wages
and employee benefits as well as submit eligible wages to the Coordinating
Board for reimbursement;
(6) follow the Civil Rights Act of 1964, Title VI (Public
Law 88-353) in avoiding discrimination in admission or employment;
(7) Demonstrate the administrative and financial capacity
to carry out the employer's responsibilities under the program, including
the ability to pay full wages and benefits to a student employed through
the program.
(A) An employer must demonstrate its ability to properly
administer the Texas WORKS Internship program. Administrative capability
focuses on the processes, procedures, and personnel used in administering
the program and comply with reporting requirements. Eligible employers
must have an adequate internal system of checks and balances, monitoring
and evaluating marketable skills, authorizing, and disbursing funds,
and reporting data accurately and in a timely manner.
(B) The Coordinating Board determines an employer's
financial capacity based on its ability to meet all its financial
obligations, meet third-party financial audit requirements, and satisfactorily
resolved any past internship performance violations.
(b) An employer is not eligible to participate in the
program if the employer is:
(1) a public or private institution of higher education
in Texas; or
(2) a career school or college, as defined by TEC §132.001.
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