|(a) A Board or AEL grant recipient shall meet or exceed
expenditure and performance targets as set forth in its contracts.
The Commission shall determine the Boards' or AEL grant recipients'
performance targets based on federal and state performance standards
and by using factors that may be necessary to achieve the mission
of the Commission and reflect local conditions. The Commission approves
individual Board or AEL grant recipient performance targets annually,
which may be adjusted based on local conditions including, but not
limited to, specific economic conditions and demographic characteristics
of the workforce area.
(b) An Agency grantee shall meet or exceed expenditure
and performance targets as set forth in its contracts.
(c) A Board, AEL grant recipient, and Agency grantee
shall comply with the following:
(1) applicable laws, regulations, provisions of contracts
and Board plans, and official directives and circulars including,
but not limited to, DOL Training and Employment Guidance Letters,
DOL Training and Employment Notices, U.S. Department of Health and
Human Services guidance letters, U.S. Department of Education Office
of Vocational and Adult Education guidance, Commission rules contained
in Part 20 of this title, Texas Workforce Commission WD Letters and
AEL Letters, the Agency's Financial Manual for Grants and Contracts,
and other Agency guidance;
(2) appropriate uniform administrative requirements
for grants and agreements applicable for the type of entity receiving
funds as promulgated in OMB's Uniform Grant Management Standards circulars
or rules; and
(3) Agency-Board agreements and applicable program
(d) A Board's or AEL grant recipient's achievement
of high levels of performance may result in the Commission providing
incentives for the Board as set forth in Subchapter I of this chapter
(relating to Incentive Awards). In addition, the Commission may adopt
additional performance incentives.
(e) The failure of Boards, AEL grant recipients, or
Agency grantees to meet minimum levels of performance as referenced
in their contracts may result in corrective actions, other performance
review and assistance activities, or sanctions as specified in:
(1) Part 20 of this title, including this chapter;
(2) the contract with the Agency; or
(3) federal or state statute or rule.
(f) A Board or AEL grant recipient may submit to the
Commission a request for a performance target adjustment in the format
prescribed by the Agency.
(g) The Commission may determine what constitutes a
necessary adjustment to local performance targets and may consider
specific economic conditions and demographic characteristics to be
served in the workforce area and other factors the Commission deems
appropriate including the anticipated impact of the adjustment on
the state's performance.