40 Tex. Admin. Code § 800.63 - Workforce Innovation and Opportunity Act WIOA Allocations
(a) Definitions.
The following words and terms when used in this section shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Area of substantial unemployment--As
defined in WIOA §132(b)(1)(B)(v)(III) (29 USC §
3172(b)(1)(B)(v)(III)).
(2) Disadvantaged adult--As defined in WIOA
§132(b)(1)(B)(v)(IV - V) (29 USC §
3172(b)(1)(B)(v)
(IV-V)).
(3) Disadvantaged
youth--As defined in WIOA §127(b)(2)(C) ( 29 USC §31622(b)(2)(C)
).
(b) Scope and
Authority. Funds available to the Commission under Title I of WIOA for youth
activities, adult employment and training activities, and dislocated worker
employment and training activities shall be allocated to workforce areas or
reserved for statewide activities in accordance
with:
(1) the provisions of prior consistent
state law as authorized by WIOA §193(a)(1)(A) (29 USC §
3253(a)(1)(A)), including,
but not limited to, Texas Labor Code §
302.062, as amended, and
Subchapter B of this title;
(2)
WIOA and related federal regulations as amended; and
(3) the WIOA State Plan.
(c) Reserves and Allocations for Youth and
Adult Employment and Training Activities. The Commission shall reserve no more
than 15 percent and shall allocate to workforce areas at least 85 percent of
the youth activities and adult employment and training activities allotments
from the US Department of Labor.
(d) Reserves and Allocations for Dislocated
Worker Employment and Training Activities. The Commission shall allocate the
dislocated worker employment and training allotment in the following
manner:
(1) reserve no more than 15 percent
for statewide workforce investment activities;
(2) reserve no more than 25 percent for
state-level rapid response and additional local assistance activities, and
determine the proportion allocated to each activity; and
(3) allocate at least 60 percent to workforce
areas.
(e) State-Adopted
Elements, Formulas, and Weights. The Commission shall implement the following
elements, formulas, and weights adopted for Texas in the WIOA State Plan in
allocating WIOA funds to workforce areas.
(1)
WIOA adult employment and training activities funds not reserved by the
Commission under §800.63(c) of this section shall be allocated to the
workforce areas as provided in WIOA §133(b)(2) (29 USC §
3173(b)(2)) based on the
following:
(A) 33-1/3 percent on the basis of
the relative number of unemployed individuals in areas of substantial
unemployment in each workforce area, compared to the total number of unemployed
individuals in areas of substantial unemployment in the state;
(B) 33-1/3 percent on the basis of the
relative excess number of unemployed individuals in each workforce area,
compared to the total excess number of unemployed individuals in the state;
and
(C) 33-1/3 percent on the basis
of the relative number of disadvantaged adults in each workforce area, compared
to the total number of disadvantaged adults in the state.
(2) 33-1/3 dislocated worker employment and
training activities funds not reserved by the State of Texas under subsection
(d) of this section shall be allocated to the workforce areas as provided in
WIOA §133(b)(2) (29 USC
§
3173(b)(2)) based on
the following factors:
(A) insured
unemployment data;
(B) unemployment
concentrations;
(C) plant closings
and mass layoff data;
(D) declining
industries data;
(E) farmer-rancher
economic hardship data; and
(F)
long-term unemployment data.
(3) WIOA youth activities funds not reserved
by the Commission under §800.63(c) of this section shall be allocated to
the workforce areas as provided in WIOA §128(b)(2) (29 USC §
3163(b)(2)) based on the
following:
(A) 33-1/3 percent on the basis of
the relative number of unemployed individuals in areas of substantial
unemployment in each workforce area, compared to the total number of unemployed
individuals in all areas of substantial unemployment in the state;
(B) 33-1/3 percent on the basis of the
relative excess number of unemployed individuals in each workforce area,
compared to the total excess number of unemployed individuals in the state;
and
(C) 33-1/3 percent on the basis
of the relative number of disadvantaged youth in each workforce area, compared
to the total number of disadvantaged youth in the state.
(f) In making allocations of WIOA
formula funds, the Commission will apply minimum funding procedures, as set
forth in federal regulations (20 CFR 683.125).
(g) No more than 10 percent of the funds
expended as part of a workforce area's allocation shall be used for
administrative costs, as defined by federal regulations and Commission
policy.
(h) Reserved Funds. The
Commission shall make available the funds reserved under subsection (c) and
(d)(1) of this section to provide required and, if funds are available,
allowable statewide activities as outlined in WIOA §129(b) and
§134(a) (29 USC §
3164 and §
3174(a)).
(i) The Commission may allocate such
proportion of available WIOA Statewide Funding as it determines
appropriate.
Notes
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