SECTION 20.604. Tuition Reimbursement Program

(a) General provisions.

(1) As used in this section, "training" means instruction, teaching, or other education received by a Commission employee that is not normally received by other Commission employees and that is designed to enhance the ability of the employee to perform his or her job. The term includes a course of study at an institution of higher education or a private or independent institution of higher education as defined by Texas Education Code, §61.003.

(2) The tuition reimbursement program does not include training required either by state or federal law or that is determined necessary by the Commission and offered to all employees of the Commission performing similar jobs. In-service instruction and staff development, as set forth in §§20.602 and 20.603 (relating to In-Service Instruction and Staff Development, respectively) are not part of the tuition reimbursement program.

(3) A Commission employee may participate in the tuition reimbursement program without regard to the employee's race, color, religion, sex, age, national origin, disability, or veteran status, provided that the employee meets the qualifications set forth in subsection (b) of this section.

(4) An employee has neither a right to reimbursement, even if the employee meets the qualifications of the tuition reimbursement program, nor a guarantee that budgeted amounts will be available at all times in a fiscal year. The funds available to any one employee for tuition reimbursement shall not exceed $1,200 per fiscal year.

(5) The Commission shall not reimburse employees for:

(A) any tuition or registration costs, mandatory fees, and expenses for books and other written materials that are covered by scholarships, grants, or other awarded funds;

(B) costs other than tuition or registration costs, mandatory fees, and expenses for books and other written materials;

(C) auditing a course; or

(D) any federal income taxes incurred because of the Commission's reimbursement of costs pursuant to this subchapter.

(b) Minimum qualifications. As of the date the employee makes the request to participate in the tuition reimbursement program, the employee shall have:

(1) been employed full time by the Commission for at least 12 months;

(2) received an overall performance rating of at least "meets requirements" on the employee's current Employee Performance Evaluation (EPE); and

(3) received no disciplinary action in the prior six months. As used in this section, "disciplinary action" includes a formal written reprimand, suspension without pay, or salary reduction for disciplinary reasons.

(c) Request to participate. An employee requesting approval to participate in the tuition reimbursement program shall meet the minimum requirements set forth in subsection (b) of this section and shall provide to the supervisor the following information, in writing, prior to enrolling or registering for a course, class, or training program:

(1) the employee's name, job title, and overall rating on the employee's current EPE;

(2) the name of the training course or educational institution;

(3) the name and number, if any, of the class, course, or program;

(4) the dates, hours, and duration of the training, and whether any or all of the training falls during the employee's regularly scheduled work hours;

(5) the amount of the tuition or registration fee;

(6) the amount of any mandatory fees that are assessed or charged in addition to tuition or registration fees;

(7) the approximate cost of books and other written materials;

(8) the deadline for enrolling in or registering for the training; and

(9) an explanation of the way in which the requested training relates to the employee's job duties after the training, whether related to a current or a prospective position.

(d) Supervisor review and action; agency decision.

(1) The employee's supervisor shall review the employee's request for tuition reimbursement to determine if:

(A) the employee meets the requirements of subsection (b) of this section;

(B) the requested training is related to the employee's current or prospective employment duties;

(C) the requested training meets one or more of the objectives set forth in §20.601(b) of this title (relating to Employee Training and Education Program); and

(D) the requested dates and times for attending the training will not adversely affect the employee's workload or performance.

(2) If the supervisor determines that all four elements of paragraph (1) of this subsection have been satisfied, then the supervisor shall meet with the employee to discuss the obligations that the employee will be expected to meet and those that the employee may be required to assume should the request for tuition reimbursement be approved.

(A) The employee will be expected to continue working at the Commission for at least one month for each month of the training course for which the Commission has paid. If an employee terminates before the end of this month-for-month period, the employee shall repay the Commission the full amount of the reimbursement to the employee. If an employee ceases to be employed by the Commission because of a reduction in force prior to the end of the month-for-month period, the employee's obligation to repay the Commission is terminated.

(B) The employee's supervisor or division director may require the employee to:

(i) make regular reports regarding the employee's progress in the training;

(ii) discuss information obtained at the training with other employees;

(iii) share materials obtained from training with other employees, to the extent such sharing does not violate copyright law;

(iv) assume additional job duties for which the training prepared the employee; and

(v) conduct training for other employees concerning the information or skills taught at the training.

(3) The supervisor shall also discuss with the employee the specific attendance times that the training would require. If the employee would be required to attend the training during normal work hours, the supervisor and employee shall devise a flex-time work schedule for the employee. If a flex-time work schedule is not feasible, the supervisor and employee shall discuss the use of the employee's accrued leave time to accommodate attendance at the training.

(4) In addition to the information provided in the employee's request for tuition reimbursement and the discussion with the employee, the supervisor may also consider:

(A) the current or prospective job duties of the employee;

(B) the employee's current and previous two EPEs;

(C) the specific skill needs of the section or division;

(D) whether there is a lack of employees or applicants with the skills the requested training would provide the employee;

(E) whether allowing the employee to attend training during work hours, if that has been requested, would adversely affect workload or performance;

(F) the funding available; and

(G) any other factor that is relevant to the employee's request for tuition reimbursement.

(5) The supervisor shall consider the employee's application, the information gathered in discussion with the employee, and other relevant factors, and shall issue a decision in writing. If the supervisor concludes that the request should be denied, the supervisor shall include a statement of the reason or reasons for the denial. An employee may appeal a supervisor's denial to the division director. If the supervisor decides that the employee's request for tuition reimbursement should be approved, the supervisor shall forward the request to the division director with a written recommendation for approval.

(6) The division director shall review the employee's request and the supervisor's recommendation, and shall issue a decision in writing. If the division director concludes that the request should be denied, the division director shall include a statement of the reason or reasons for the denial. An employee may appeal a division director's denial to the deputy executive director. If the division director decides that the employee's request for tuition reimbursement should be approved, the division director shall forward the employee's request and the supervisor's recommendation to the deputy executive director with a written recommendation for approval.

(7) The deputy executive director is authorized to approve or deny the employee's request for tuition reimbursement, and shall issue the decision in writing. A denial shall include a statement of the reason or reasons for the denial. An employee may appeal the deputy executive director's denial of a request for tuition reimbursement to the executive director, whose decision is final. If the deputy executive director approves the request, the original documents shall be retained in the office of the deputy executive director, and copies of the documents shall be provided to the employee.

(e) Registration and payment for the training. An employee who has received final approval of his or her request for tuition reimbursement shall:

(1) meet all admission requirements of the educational institution offering the course for which the request for tuition reimbursement was approved;

(2) complete all paperwork and pay all costs for the training, including tuition or registration costs, mandatory fees, expenses for books or other written materials, etc.;

(3) retain all original dated receipts indicating the amounts the employee paid for each type of expenditure.

(f) Attendance; notice. The employee shall complete the training within the time period for which tuition reimbursement was approved. The employee shall immediately notify his or her supervisor if the employee ceases to be enrolled in a class for which tuition reimbursement was approved. The Commission shall not reimburse an employee for training expenses for incomplete or dropped training.

(g) Use of Commission resources. An employee attending training approved for tuition reimbursement shall not use Commission equipment or resources such as personal computers, printers, copiers, fax machines, e-mail, internet connections, etc. During the employee's work hours, the employee shall not do research, writing, projects, homework, or other activities related to the training.

(h) Time used to attend training. The employee shall use flex time, if possible, to accommodate attendance at training. If flex time is not used, then the employee shall use accrued leave time for attendance at training.

(i) Tuition reimbursement qualifications and procedure. Failure to comply with the reimbursement requirements will result in denial of reimbursement.

(1) To qualify for tuition reimbursement, an employee shall complete the training with a grade of "C" or better for training graded on an "A" through "F" scale; a 75 percent or better score for training graded on a numerical scale; or a passing grade for training graded on a "pass/fail" scale. The employee shall complete any course in which a grade of "I" (Incomplete) has been awarded within three months, unless there are valid reasons, such as serious illness, to the contrary. A course dropped after registration does not qualify for reimbursement.

(2) To receive tuition reimbursement, within 15 working days of receiving the final grade or grades, the employee shall submit to the Personnel Division a reimbursement claim.

(3) A reimbursement claim consists of copies of:

(A) the employee's request;

(B) all recommendation memoranda;

(C) the deputy executive director's or executive director's final approval memorandum;

(D) the itemized paid receipts for tuition, mandatory fees, and books and other written materials; and

(E) the official grade report, which the Commission will keep confidential.

(4) The Personnel Division shall verify the employee's grade and the costs for tuition or registration fees, other mandatory fees, and expenses for books and other written materials.

(5) Upon approval of the reimbursement claim, the Personnel Division shall forward the claim to the Finance Division for reimbursement to the employee.

Source Note: The provisions of this §20.604 adopted to be effective April 12, 2004, 2004, 29 TexReg 3621