SECTION 840.1. Short Title and Purpose

(a) The rules contained in this chapter may be cited as the WIOA Eligible Training Provider (ETP) Rules.

(b) The purpose of this chapter governing the provision of training services funded through the Agency is to interpret and implement the requirements of federal statutes and regulations to include:

(1) the following sections of the Workforce Innovation and Opportunity Act (WIOA), PL 113-128:

(A) Eligible Training Providers as described in WIOA §122;

(B) contents of ETP performance reports as described in WIOA §116(d)(4);

(C) data validation as described in WIOA §116(d)(5);

(D) publication of performance reports as described in WIOA §116(d)(6)(B); and

(E) training services for adults and dislocated workers as described in WIOA §134(c)(3);

(2) 20 CFR Part 680, Subparts B - D, which describe training services, training providers, and individual training accounts;

(3) 20 CFR §681.550, which allows the provision of training services to out-of-school youth, ages 16 to 24, through Individual Training Accounts (ITA); and

(4) the Family Educational Rights and Privacy Act (described in 20 CFR 99) audit or evaluation exception to disclose Personally Identifiable Information (PII) from education records for WIOA performance accountability purposes. This authority is further clarified in joint guidance released by the US Department of Labor (DOL) and the US Department of Education (ED).

(c) The rules contained in this chapter shall apply to the Agency, Local Workforce Development Boards (Boards), and providers of training services for WIOA Adults and Dislocated Workers. At the discretion of the Board, the Eligible Training Provider System (ETPS) may be applied to the delivery of training services funded through the Commission, including WIOA Youth Program out-of-school youth and in-school youth, Choices, Supplemental Nutrition Assistance Program - Employment and Training (SNAP E&T), and Trade Adjustment Assistance (TAA).

Source Note: The provisions of this §840.1 adopted to be effective January 4, 2021, 46 TexReg 195