| (a) Entities wishing to sponsor a voluntary workforce
training program will apply to the Texas Education Agency (TEA) for
certification. The TEA will process applications from secondary and
postsecondary sponsors. Applications that include an agreement between
a participant and a sponsor that is not a secondary or postsecondary
institution will be processed by the TEA in conjunction with the Texas
Workforce Commission (Commission). The Commission's role in the certification
process will be to review the applications and inform the TEA of any
past violations of Texas Labor Code, Chapter 51 (Employment of Children)
and Chapter 61 (Payment of Wages). The TEA will make the final determination
of certification and revocation of certifications. Certification will
be granted for a period of three years and will be reauthorized automatically
every three years unless the program fails to maintain the required
certification standards. The TEA may revoke certification at any time
for failure to maintain the required certification standards.
(b) Certified programs will agree to submit to the
TEA annual documentation of student participants disaggregated by
race, ethnicity, gender, and socioeconomic status.
(c) If certified programs are inactive for two years,
certification will be automatically revoked.
(d) To be eligible for certification by the TEA, a
program must meet the criteria in §75.1031(a) of this title (relating
to Voluntary Workforce Training Standards and Agreements) and must:
(1) be conducted under an organized, written training
plan embodying the terms and conditions of employment, job training,
classroom instruction, and supervision of participants and be approved
by a sponsoring school district or other sponsoring entity that assumes
responsibility to carry out the program;
(2) comply with all local, state, and federal laws,
including laws pertaining to fair labor standards and workplace health
and safety;
(3) comply with recognized industry standards applicable
to the program in which the participant is engaged; and
(4) include an agreement by the employer to assign
an employee to serve as a mentor for the participant.
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