SECTION 75.1032. Certification Standards

(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.

Source Note: The provisions of this §75.1032 adopted to be effective September 7, 2000, 25 TexReg 8642; amended to be effective July 12, 2012, 37 TexReg 5132