COVID-19 RECOVERY Q&ATexas Workforce CommissionWorkforce Development Division

Questions and Responses Beginning May 2020

Updated June 24, 2020

The most recent updates and revisions are identified in the table of contents as New or Revised content.

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Table of ContentsGeneral/Administrative..............................................................................................................................3

REVISED: June 24, 2020.......................................................................................................................5

Information Technology.............................................................................................................................6

Programs.....................................................................................................................................................7

Choices....................................................................................................................................................7

Non-Custodial Parent (NCP)....................................................................................................................9

Unemployment Benefits & RESEA...........................................................................................................9

REVISED: June 24, 2020.....................................................................................................................12

NEW: June 24, 2020...........................................................................................................................12

WIOA Adults & Dislocated Workers.......................................................................................................12

REVISED: June 24, 2020.....................................................................................................................13

WIOA Youth...........................................................................................................................................13

Workforce Systems...................................................................................................................................15

WorkInTexas.com..................................................................................................................................15

(Interim ETPS) Interim Eligible Training Provider System......................................................................16

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General/AdministrativeQ: The checklist provided to Boards requires that they have a process to close local Workforce Solutions Offices for deep cleaning following an incident in which an individual (staff or customer) in the office shows symptoms or is determined to be positive for COVID-19. Please define “deep cleaning.”

A: The TWC Risk and Security Management (RSM) department recommends that Boards use current Centers for Disease Control’s (CDC) COVID-19 guidance, Cleaning and Disinfecting Your Facility, available at: https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html.

Deep cleaning, which requires office closure, must be performed by certified cleaning services. Regular disinfecting of offices, which does not require office closure, may be performed by staff or contracted janitorial services.

Q: Will TWC provide a list of approved personal protective equipment (PPE) suppliers with which Boards may contract? Does TWC have a similar list for certified deep cleaning services?

A: The TWC RSM team will provide Boards with the list of vendors that TWC uses.

TWC recommends that Boards check current contracted janitorial services to determine whether the services are certified to perform deep cleaning. The Texas Municipal League (TML) has published helpful information, including its List of Possible PPE Vendors, available at: https://www.tml.org/654/Coronavirus-COVID-19-Resources.

Q: TWC has requested that we open local Workforce Solutions Offices using a phased approach. The recommendation includes guidance to, when possible, keep workers who are more at risk—including employees who are 65 years of age and older—out of offices as long as possible. Can you provide best practices to Boards on how they can have those discussions with staff, without the violation (appearance or actual) of HIPAA or other anti-discrimination protections?

A: TWC is working to provide Boards with agency Human Resources guidelines used in communications and determinations at TWC main offices.

Q: Our service provider will use new Employment Service (ES) funding to add staff. We will also need to order PPE for the Workforce Solutions Offices. Are we allowed to use the funding for that as well? We may purchase plastic panels, masks, and other related items, such as hand sanitizer pump stands.

A: The ES operating grant exists to finance costs associated with state ES merit staff assigned to Boards. In response to the COVID-19 pandemic, TWC temporarily reassigned many state ES merit staff members to assist with the state’s response to the overwhelming demands on the state’s unemployment compensation system. TWC recently added Temporary Assistance for Needy Families (TANF) funds that were

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reserved for statewide activities to the ES operating grant so that local workforce development areas (workforce areas) can fill the staffing gap left by the temporary reassignment, as deemed necessary. Although the additional funds were distributed for Boards to hire temporary workers to help support the demands on Workforce Solutions Office services, there is no state mandate for Boards to hire temporary workers. Each Board will decide whether to hire temporary workers and may use the supplemental funds for that purpose. Additionally, the supplemental funds may be used for any other costs that were already allowable under the ES operating grant.

As to the specific question above, consistent with the terms of the ES operating grant and the “allocable costs” cost principle, the additional funds may not be used to fund PPE for the entirety of the Workforce Solutions Offices but may be used for the allocable portion of PPE cost that is incurred in support of the following:

Allowable ES activities and state ES merit staff assigned to Boards The temporary workers funded with the additional funds.

Apart from using the additional funds to hire temporary workers, the amendment that included the additional funds did not otherwise expand the scope of the ES operating grant. Any Board that does not need the additional funds may voluntarily release the funds back to TWC with no penalty. TWC will repurpose such amounts for other allowable TANF activities.

Q: What process must be followed when disposing of used and/or contaminated PPE?

A: Response provided by TWC RSM. The Texas Department of State Health Services (DSHS) COVID-19 Team refers to CDC guidance regarding COVID-19 medical waste available at the following address: https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html#Waste-Management, as follows:

“CDC’s guidance states that management of laundry, food service utensils, and medical waste should be performed in accordance with routine procedures. There is no evidence to suggest that facility waste needs any additional disinfection.”

Boards must follow the Facility Safety steps required in the Guidance Checklist for Safely Reopening Offices to the Public, provided by TWC. Other relevant CDC guidance related to COVID-19 includes: Using Personal Protective Equipment (PPE) ; and Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces,

Businesses, Schools, and Homes.

Q: May Boards close Workforce Solutions Offices on Monday, May 25, in acknowledgment of Memorial Day?

A: Memorial Day is a state holiday. TWC does not expect Boards to keep local Workforce Solutions Offices open on Memorial Day. The Unemployment Insurance (UI)

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Division, including TWC volunteers and ES staff temporarily assigned to assist with UI functions, will work on Memorial Day.

Q: If Boards are remodeling Workforce Solutions Offices and are unable to open to the public on June 15, what are the expectations or alternatives?

A: Conditions expected at all Workforce Solutions Offices are required to be included in Boards’ plans to reopen. Beginning June 15, customers who are unable to access services remotely must be provided in-person service at Workforce Solutions Offices or provided alternate direct service delivery.

REVISED: June 24, 2020Q: We would like clarification on PPE, specifically regarding masks for customers. Are these allowable expenditures if the Board adopts a policy that recommends that all individuals entering a local Workforce Solutions Office wear a mask?

A: (Response from Fiscal TA)During the time that public officials recommend or require individuals to wear face coverings in the public, Boards and their service providers should encourage customers to bring their own face coverings to Workforce Solutions Offices and Workforce Solutions events. However, to help minimize exposure risk to frontline staff and other customers during such time, TWC considers it necessary and reasonable for Boards to use TWC grant funds to purchase a “reasonable supply” of face masks for availability to customers that arrive at Workforce Solutions Offices or Workforce Solutions events without their own face coverings. Face masks should not be provided to individuals who already have adequate face coverings and should not be distributed for general use outside of Workforce Solutions Offices and Workforce Solutions events. Care should be taken to handle the storage and distribution of the mask inventory in a manner that prevents the masks from being exposed to the virus prior to or while being distributed. Similarly, precautions should be taken to handle the disposal of used masks in a manner that minimizes potential of infection from exposure to a contaminated face mask.

Please note: “Facemasks” refers to disposable masks that cover the nose and mouth (e.g. surgical

face masks) and does not include purchases of N95 respirators or purchases of handmade cloth coverings.

“Reasonable supply” means an estimate of the quantity of masks needed in consideration of relevant circumstances, such as estimated customer traffic, observations about the tendencies of individuals in the local area to bring their own face coverings when in the public, and current knowledge about the continuation of recommendations (or requirements) by government officials to wear face coverings while in the public. Re-orders should be adjusted to align with relevant changes in circumstances. Where aggregate purchases fall within the micro-purchase or small purchase procurement thresholds, the supporting documentation does not need to include detailed itemization of the specific factors considered to determine the quantity needed. A statement such as, “Estimate of COVID-19-related customer

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facemask needs for the X event,” “Estimate of COVID-19 related customer facemask needs for the period of X to X,” or even “Estimated initial stock [or restock] needs for COVID-19-related customer facemasks,” will generally be sufficient to justify the purchase. Where the purchase covers facemasks for both customers and staff, adjust the statement accordingly.

Bulk purchasing is not prohibited, provided that at the time the order is placed, the quantity ordered is not anticipated to result in a large surplus of unused face coverings in the future when recommendations for face coverings end.

As with other costs, the cost is to be charged or assigned to programs/awards in accordance with the relative benefit received.

While the recommended protocols relating to COVID-19 do not make it the responsibility of business, retailers, and other entities that host customers within their facilities to make face coverings available for customer use, TWC considers the above limited provision of face masks to be necessary and reasonable for the performance of TWC grant awards. The provision of program services is especially critical to the economy, and as a public service, the Texas Workforce Solutions system has a responsibility to Workforce Solutions Office employees, contractors, and customers to provide a safe environment for the delivery and receipt of services. Additionally, in circumstances where government or Board policies mandate use of face coverings, the availability of face masks shows a reasonable and good faith effort to provide essential services in a safe manner without creating additional barriers for an individual who simply forgot a face covering or otherwise does not have one with them when they arrive at a Workforce Solutions Office or event for services.

Information TechnologyQ: How can claimants use “Larry The Bot” to request contact from TWC?

A: 1) Click the “Chat with Us” box at the bottom of the TWC web page.  2) Type “Call me” in the search box.  3) The bot will respond with “If you need to reach a customer service representative

for assistance, please click here to request contact from TWC.” Click on the “Request contact from TWC” button.

4) Fill out the form within the chat box, which includes the following fields: First Name, Last Name, Phone, Email, Date of Birth, Last 4 of your SSN, and Reason for Contact. The Reason for Contact field includes the following: Benefit Payment, Unemployment Claim, Log In or PIN/Password Issues, Wages or Earnings, Reporting possible identity theft or Other. 

5) Depending on which Reason for Contact item they select in step 4, they can pick one of the following items to further describe their problem: a. Benefit Payment:

I forgot to request payment. I am unable to request payment. I have not received my benefits. I need to reset my PIN.

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b. Unemployment Claim: I want to file a new claim. I need to update my claim. Claim status (filed more than 30 days ago)

c. Log In or PIN/Password Issues: I don’t remember my User ID. I can’t reset my password. My SSN is associated with another User ID.

d. Wages or Earnings: My DUA/PUA wages are incorrect. I need to correct my earnings.

e. Reporting possible identity theftf. Other (This opens a small box of 50 characters to give us a few words about

their issue.) Using this form will help divide the list for our volunteers to research and contact the claimant. 

ProgramsChoices

Q: If a Choices or NCP Choices participant was actively participating in Work Experience when his or her work site was shut down due to a COVID-19 shelter-in-place order, do we continue to pay the participant even though he or she is not working?

A: On March 24, 2020, the Administration for Children and Families (ACF) released TANF Program Instruction (PI) 2020-01, which includes information on “TANF pandemic assistance for Choices and NCP Choices providing a NRST benefit to make up for lost subsidized employment due to COVID-19.” In light of the current COVID-19 pandemic, TANF funds may be used to provide Nonrecurring Short-Term (NRST) benefits for Choices and NCP Choices customers participating in a subsidized work activity whose subsidized employment location was closed due to COVID-19. This is optional policy guidance; that is, it is not a requirement.

NRST benefits are not to be used to pay employers but are to be paid directly to Choices and NCP Choices participants.

The ACF guidance provides examples of NRST benefits that might be helpful with the impact of COVID-19, including short-term benefits to make up for lost wages, short-term rental or mortgage assistance, utility and energy assistance, housing search and placement services, clothing allowances, family support services to deal with stressful events, financial and credit counseling, certain legal services (see https://www.acf.hhs.gov/ofa/resource/q-a-use-of-funds questions 19 and 20), and administrative costs associated with any of these activities. These benefits could come in the form of cash, vouchers, or direct services.

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For Choices and NCP Choices participants who have lost their subsidized employment because of the pandemic before the end of their agreement period, Boards may pay NRST benefits in an amount up to the remainder of the subsidized wages to Choices and NCP Choices participants who have actively started participating at their subsidized employment location at the time of the pandemic-related closure.

Choices and NCP Choices participants with a subsidized employment agreement but have not started working on-site at their assigned work location when the pandemic closure occurred are not qualified for NRST assistance for lost wages.

Per Board policy, Boards determine the amount of subsidized employment wages that can be reimbursed based on:

the unpaid portion of the subsidized employment agreement remaining at the employer closure date and/or the date wages were paid through; and

the Board’s available TANF funding, as no new TANF funds will be provided for this purpose.

Boards have the discretion to pay: NRST benefits to make up for the loss of subsidized employment agreement

wages to Choices and NCP Choices participants who meet the requirements above; and

other emergency needs assistance for Choices and NCP Choices participants who request assistance (such as those listed in the example above).

Boards that choose to pay NRST benefits in lieu of subsidized employment agreement wages should document the payment in TWIST Service Tracking, Support Services tab, as follows:

Using service code 207 (Other) and document the payment reason (subsidized employment agreement pandemic wages); or

Using service code 206 (Needs related payment) and document the payment reason

Subsidized employment hours will not be tracked under these service codes, as Choices participants have been granted Good Cause for nonparticipation due to the COVID-19 pandemic.

Q: A Choices participant and employer had a signed work site agreement, And the employer voided the assignment before the actual start date due to the COVID-19 pandemic. Is the customer considered as actively participating? Can we pay this participant based on the terms that were agreed upon in the work site contract even if the participant was declined a work assignment before the actual first day of work?

A: No. If the customer has not started the assignment he or she is not considered actively participating in the activity.

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Q: If a Choices or NCP participant was actively participating in Work Experience when his or her work site was shut down due to COVID-19, may we continue to pay the participant even though he or she is not working?

A: Yes. TANF funds may be used to provide Nonrecurring Short-Term (NRST) benefits for this purpose. The Administration for Children and Family (ACF) released TANF Program Instruction (PI) 2020-01 on March 24, 2020, which states:

Examples of NRST benefits that might be helpful with the impact of COVID-19 include short-term benefits to make up for lost wages, short-term rental or mortgage assistance, utility and energy assistance, housing search and placement services, clothing allowances, family support services to deal with stressful events, financial and credit counseling, certain legal services (see https://www.acf.hhs.gov/ofa/resource/q-a-use-of-funds, questions 19 and 20), and administrative costs associated with any of these activities. These benefits could come in the form of cash, vouchers, or direct services. Response will be added to the next issuance of the COVID Operational Response Guide.

Q: When a Choices participant is being paid for a work site placement and that work site is closed due to COVID-19, will that participant count in our numerator?

A: No. Boards are allowed to make these payments as Nonrecurring Short-Term (NRST) benefits. No hours will be tracked, and these payments will not be counted toward participation.

Non-Custodial Parent (NCP)

Q: If a Choices or NCP participant was actively participating in Work Experience when his or her work site was shut down due to COVID-19, may we continue to pay the participant even though he or she is not working?

A: Yes. TANF funds may be used to provide Nonrecurring Short-Term (NRST) benefits for this purpose. The Administration for Children and Family (ACF) released TANF Program Instruction (PI) 2020-01, March 24, 2020, which states:

Examples of NRST benefits that might be helpful with the impact of COVID-19 include short-term benefits to make up for lost wages; short-term rental or mortgage assistance; utility and energy assistance; housing search and placement services; clothing allowances; family support services to deal with stressful events; financial and credit counseling; certain legal services (see https://www.acf.hhs.gov/ofa/resource/q-a-use-of-funds questions 19 and 20); and administrative costs associated with any of these activities. These benefits could come in the form of cash, vouchers, or direct services.Response will be added to the next issuance of the COVID Operational Response Guide.

Unemployment Benefits & RESEA

Q: How often is the Texas Workforce Commission UI Claimant Dashboard updated?

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A: The TWC dashboard is updated weekly. The last update date, along with the reporting period, is included in the panel above the map on the dashboard. This panel is expandable.

Q: Will TWC include SNAP and TANF customer information on the UI claimant report provided weekly to Boards?

A: TWC’s Division of Operational Insight (DOI), which provides the weekly UI claimant report, is not able to identify claimants who are connected to SNAP and/or TANF programs for each Board workforce area. Boards may have local data analysts use the claimant report and a TWIST ad hoc report on SNAP and/or TANF programs and merge these data to get a custom report to meet local requirements.

Q: Are we allowed to use the DOI-created UI Tableau data to create a UI claimant snapshot for a Board meeting?

A: The UI claimant files provided by DOI are intended for internal use only to identify claimants to outreach. The data are not accurate enough to use for publicly shared summaries.

TWC is making Unemployment Benefits claims information available to the public, including Weekly Claims by County, on the agency News web page at the following address: https://twc.texas.gov/news/unemployment-claims-numbers.

Q: When will work search requirements for claimants be reinstated?

A: On March 17, 2020, TWC, exercising its authority under Governor Abbott’s statewide disaster declaration, waived unemployment claimant work search requirements statewide. This waiver will expire on July 6, 2020. Claimants will be informed of the reinstatement of work search requirements as well as the number of required weekly work searches required when filing payment requests after this date. Claimants will be required to confirm that weekly work search minimum requirements have been met beginning July 19, 2020.

At that time, all claimants will receive written notification that will include: a request to update or complete WorkInTexas.com registration; and the requirement that three work searches per week be completed.

TWC will use all available methods to notify stakeholders, which include claimants, employers, and local Boards, of the reinstatement of this work search requirement.

Q: Once work search requirements are reinstated, will there be COVID-related exemptions that allow claimants to refuse suitable work?

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A: TWC issued guidance to unemployment claimants concerning their continued eligibility for unemployment benefits should they refuse rehire.

On April 30, 2020, the Office of the Texas Governor released a list of acceptable reasons related to COVID-19 that a claimant may refuse suitable work. This list is available at https://gov.texas.gov/news/post/governor-abbott-announces-new-twc-guidance-for-unemployment-claimants.

Each UI benefits case is currently evaluated on an individual basis. However, because of the COVID-19 emergency, the following are reasons benefits would be granted if the individual refused suitable work:1. At High Risk - People 65 years or older are at a higher risk for getting very sick from

COVID-19 (Source DSHS website).2. Household member at high risk - People 65 years or older are at a higher risk of

getting very sick from COVID-19 (source DSHS website).3. Diagnosed with COVID - the individual has tested positive for COVID-19 by a source

authorized by the State of Texas and is not recovered.4. Family member with COVID - anybody in the household has tested positive for

COVID-19 by a source authorized by the State of Texas and is not recovered and 14 days have not yet passed.

5. Quarantined - individual is currently in 14-day quarantine due to close contact exposure to COVID-19.

6. Child care - Child’s school or child care center is closed, and no reasonable alternatives are available.

Any other situation will be subject to a case by case review by the Texas Workforce Commission based on individual circumstances

Q: An employer contacted our staff stating that some employees refuse to return to work. The employees’ reason for refusing to return to work was that they are receiving more money on unemployment than their normal wages. What can be done about this?

A: Boards have received guidance on the new process to report bona fide offer of work refusals through workforce UI coordinators.

Employers that want to report job refusals directly to TWC can do so through our new portal at https://apps.twc.state.tx.us/EBS_REF/ewrd/employeeWorkRefusalDoc, send information to twc.fraud@twc.state.tx.us, or call 1-800-252-3642.

Q: When a claimant returns to work and reports wages, will his or her benefits be modified or decrease if they are receiving Disaster Unemployment Assistance (DUA) or Pandemic Emergency Unemployment Compensation (PEUC)?

A: Claimants must report wages received when making payment requests. If the claimant earns wages at or above his or her calculated weekly wage amount, he or she will not receive benefit payments for the affected weeks. If the claimant reports wages below the

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weekly wage amount, the payments will be adjusted accordingly. This applies to DUA and PEUC payments as well as standard unemployment claims. If receiving Federal Pandemic Unemployment Compensation (FPUC), the temporary additional $600 per week payments, claimants will receive the full FPUC payment for weeks for which they earn wages below their calculated weekly wage amount. For any week in which a claimant earns at or above their weekly wage amount, no FPUC payment will be received.

REVISED: June 24, 2020Q: When work search is reinstated, will RESEA resume?

A: Yes. UI work search requirements will resume July 6, 2020, after which RESEA requirements will resume. The first RESEA list will likely be available July 27, 2020, for outreach, with scheduling to begin August 4, 2020.

NEW: June 24, 2020Q: When a claimant is enrolled in the Statewide Skills Enhancement for DWs Project, will he or she be considered to be attending TWC-approved training?

A: The courses offered by the Statewide Skills Enhancement for DWs Project do not meet the definition of TWC-approved training. Claimants enrolled in this project alone may not be exempted from RESEA participation.

WIOA Adults & Dislocated Workers

Q: Are Economic Impact Payments (EIPs) considered income for eligibility purposes?

A: No. Beginning on April 15, 2020, Americans began receiving checks from the US Department of the Treasury, which was authorized by §2201 of the CARES Act. These EIPs are categorized as tax credits and must not be included in income calculations.

Q: Are unemployment payments related to COVID-19 considered income?

A: Yes. Boards must be aware that unemployment payments are considered income and must be used in low-income calculations for priority in the WIOA Adult program, including: Pandemic Unemployment Assistance (PUA)—compensation for individuals not

otherwise qualified for Unemployment Benefits (UB) Pandemic Emergency Unemployment Compensation (PEUC)—13-week UB

extension Federal Pandemic Unemployment Compensation (FPUC)—$600 weekly

supplemental payments for UB recipients

Q: The Statewide Skills Enhancement for Dislocated Workers (DWs) Project will provide educational services to eligible claimants to enhance their work readiness and provide increased opportunities for employment. The activities to be provided are career services, not training

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services. May Boards define short-term trainings as career services in order to use options other than an Eligible Training Provider (ETP)?

A: Career and Training Services are defined in WIOA §134(c)(2) & (3), 20 CFR 680, Subparts A and B, and TWC’s WIOA Guidelines. For Adult and DW participants, training services must be provided in accordance with 20 CFR §680.300, which may include ETP programs funded by Individual Training Accounts (ITAs). In addition to ETP programs, Boards may connect participants to training services through training contracts, OJT, incumbent worker training, and other services identified in 20 CFR §680.320.

Q: Is there an expectation that claimants enrolled in the Statewide Skills Enhancement for DWs Project will use technology in Workforce Solutions Offices to access the courses available through the Statewide Upskilling Project?

A: These education courses will be provided online. Claimants enrolled in these online courses may require access to Workforce Solutions Offices, libraries, or other public resources, if they do not have personal computers or internet access.

Q: If a customer uses the career services available through the Statewide Skills Enhancement for DWs Project and then requires specific occupational training, are Boards able to enroll the customer into a program specific for training programs?

A: Yes. Standard program enrollment rules and procedures must be followed, including the provision of support services.

REVISED: June 24, 2020Q: For participants enrolled in the Statewide Skills Enhancement for DWs Project, is the expectation that if support services are required, the Board enrolls them in WIOA and provides such support?

A: Boards may enroll eligible individuals in WIOA using local funds to provide support services, which enables them to participate in career and/or training services in accordance with TWC’s WIOA Guidelines and local policies and procedures.If a Board only provides support services to an individual in this project, the Board must enter TWIST Service 179 for tracking purposes.

WIOA Youth

Q: Youth participation requires that individuals receive in the following order: an Objective Assessment, an Individual Service Strategy (ISS), and a Youth Program Element. We are concerned about how to provide the assessment, specifically the Test of Adult Basic Education (TABE). The TABE must be provided in a proctored setting. Additionally, the TABE is licensed for specific computers. If a Workforce Solutions Office is closed, may we waive the assessment requirement? If so, since TWIST requires that the service be entered, can we enter the assessment service even though no assessment is provided?

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A: Youth must be assessed for basic skills as part of enrollment in services. Neither TWC nor WIOA requires that a National Reporting System (NRS)–approved assessment, such as TABE, be used for such basic skills assessment. WIOA does not require that youth receive a proctored assessment for eligibility and entry into the program. Boards may use online assessment instruments or less formal assessments for WIOA Youth eligibility. The assessment requirement may not be waived.

The inability to meet with potential participants in person should not impede enrollment or service provision. If the Board cannot provide formal assessments (that is, assessments in -person and/or on-site with a proctor), this information should be collected virtually from schools or directly from the customer for basic skills assessment. The Board may develop an ISS based on available information. When standard assessment tools become available, the Board may choose to assess participants formally and update the ISS.

Q: Our Board policy requires that Work Experience take place at a physical employer location, with in-person supervision. The employer work site has closed following a local shelter-in-place order but is allowing other workers to telework. May we allow participants in Work Experience to telework?

A: You may adjust your Board Work Experience policy (and Work Experience contracts, as applicable) to allow remote work. CFR §681.600 requires that “labor standards apply in any work experience where an employee/employer relationship, as defined by the Fair Labor Standards Act or applicable State law, exists.”

COVID-19–specific information related to the Fair Labor Standards Act (FLSA) is available at: https://www.dol.gov/agencies/whd/flsa/pandemic.

Additionally, DOL’s ETA COVID-19 Frequently Asked Questions page includes the following guidance related to this issue:

“Q: Can WIOA formula and competitive grants continue to pay wages or stipends if program participants were actively being served before the pandemic or if they were in a Work Experience placement (e.g., subsidized employment, OJT, and paid internship), which has been recently canceled due to COVID-19?

A: If the program participant’s time commitment, stipend structure, and/or other academic or work terms were established before the national health emergency declaration, grantees should continue to pay the participant for the remainder of the established term.”

Q: A youth was receiving Work Experience (WE) payments during work site closure in accordance with previous guidance. The work site has reopened, and the participant refuses to return. Please provide guidance.

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A: If alternative work options (such as telework) are available at the WE work site, or another work site in the workforce area, the Board may provide such options to the participant to enable full participation.

If alternatives are not available to accommodate the participant and work site, the following may be considered: Is the work site following guidelines outlined in Governor Abbott’s Open Texas

checklists? Is the youth:

o at high risk;o diagnosed with COVID-19;o in a household with a family member diagnosed with COVID-19;o quarantined; oro in need of child care, which is unavailable?

Boards must collect, document in TWIST Counselor Notes, and include in the participant case file, any available documentation that shows evidence of the circumstances mentioned above.

If none of the above criteria is met, the Board may discontinue WE payments to the youth. Open TWIST activities related to the WE must be closed when payment is discontinued.

Q: If Work Experience was paused during the COVID-19 closure of the work site and payments were not made to participants, are we required to back-pay all paused participants?

A: Continuation of Work Experience payments to youth during COVID-19 closures were intended to support at-risk customers. If payments were not made during the closure of work sites, Boards may continue the Work Experience for the full duration agreed upon.

Workforce SystemsWorkInTexas.com

Q: What does TWC consider a “full registration” in WIT?

A: TWC provides detailed guidance in WD Letter 01-20, issued January 6, 2020, and titled “Managing Individuals in the New WorkInTexas.com System.” WD Letter 01-20 includes the following guidance:

“Complete Wagner-Peyser Application. A Wagner-Peyser application with a complete status indicates that an individual has completed all pages of registration. A résumé is not required for the Wagner-Peyser application to be complete; however, an individual will need a résumé or State of Texas application to apply for jobs through WorkInTexas.com.”

“Enrolling Individuals as Participants in the Wagner-Peyser Program

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Boards must be aware that Workforce Solutions Office staff must be working directly with an individual when enrolling him or her as a participant in the Wagner-Peyser program.… Boards must be aware that Workforce Solutions Office staff must enroll individuals as participants in the Wagner-Peyser program if staff-assisted services will be provided to these individuals.”

(Interim ETPS) Interim Eligible Training Provider System

Q: Will flexibility be provided to Boards in using training programs not currently on, or eligible for, the statewide ETPL?

A: The statewide ETPL system is designed for WIOA Adults and Dislocated Workers. WIOA does not allow waiver of eligibility requirements for providers or participants. Below are examples of training services allowed by workforce programs.

WIOA Adults/DWThe ETPL is the primary training program source for WIOA Adults/DW. WIOA ETP rules do allow Boards to use training contracts for WIOA Adults/DW outside of the statewide ETPL and Individual Training Account (ITA) systems.

Contract exceptions to ITA funding for Adults/DW include, but are not limited to: incumbent worker training, OJTs, and transitional jobs; local community-based organizations or other private organizations that provide

training programs that are effective at serving individuals with barriers to employment, and;

cohort training.

Specific guidance is provided in WD Letter 14-19, Change 1.

WIOA YouthOccupational training is a required program element for WIOA Youth programs. Boards may contract for training programs or use ITAs. Training programs funded by ITAs must be included on the statewide ETPL.

Training does not have to be provided by an ETP.

ChoicesAllowable activities for Choices participants are detailed in the Choices Guide. Training services provided to participants must relate directly to employment and include the following: Job skills training Occupational vocational training OJT For participants below secondary-level education:

o Adult Education and Literacy (AEL) services

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o English as a Second Language (ESL) instructiono Other educational activities leading to high school equivalency.

Boards may choose to establish a local policy to require the use of the Eligible Training Provider System and Individual Training Account systems to provide Choices services paid for with TANF/Choices funds. If not required by such local policy, training does not have to be provided by an ETP.

NCPAllowable activities for NCPs are detailed in the NCP Choices Guide. Training services provided to participants must relate directly to employment and include the following: Short-term occupational vocational training (typically four to six weeks) OJT For participants below secondary-level education:

o Adult Education and Literacy (AEL) serviceso English as a Second Language (ESL) instructiono Other educational activities leading to high school equivalency.

Training does not have to be provided by an ETP.

RESEATraining services may not be funded directly by this program. Based on eligibility, RESEA participants may be referred to WIOA, TAA, or other programs for training services.

Appropriate program rules must be followed.

SNAP E&TAs stated in the SNAP E&T Guide, training provided to SNAP recipients must prepare participants for employment in high-growth, high-demand occupations that do not require a baccalaureate or advanced degrees.

Training does not have to be provided by an ETP.

TAATAA training is approvable if it is reasonably available to the worker from either a governmental agency or a private source. Priority is given to training institutions within the local commuting area, and the training must be regulated by an approvable entity, including the following: Texas Higher Education Coordinating Board TWC Career Schools and Colleges Statewide ETPL Training regulated by any other Texas state agency (for example, TDLR, Nursing

Board), including other states’ governing agency US Department of Education Recognized accreditation/certification agency

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TWIST InformationBoards may use the Select Provider option in TWIST to connect training services to a provider’s program. If the program is not included on the statewide ETPL, Boards must submit the program as a “non-ETP” program through their Board ETP tool.

Q: Is there a recognized credential attached to contact tracer training?

A: Texas has contracted with MTX Group, based in Frisco, Texas, to hire contact tracers and to staff a virtual call center to track down potentially infected individuals. MTX has partnered with TEKsystems to staff these positions, which are listed in WorkInTexas.com. Contact tracers must complete DSHS-required modules as part of onboarding. These modules are expected to take two to three hours to complete.

These required training components must not be considered occupational training, nor will their completion be considered receipt of an industry-recognized certificate, certification, or government license.

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