Texas Combined State Plan Deficiencies

Strategic and Operational Elements

Combined State Plan Deficiencies / How Deficiency Will Be Addressed / Revised Plan Content
Il.b.2-Goals. The State did not adequately describe goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment and other populations. / Technical Amendment / Goals
TWC’s vision is rooted in four strategic goals that take into account the state’s economic conditions, workforce, and workforce development activities. The following four goals are intended to address critical populations, including claimants, youth, individuals with barriers to employment, veterans, and individuals with disabilities.
  1. Foster a dynamic, integrated, and market-driven workforce development system that gives employers and individuals ready access to a network of high-quality information and services.
  2. Provide Texans access to literacy, education, vocational rehabilitation, and in-demand workplace skills necessary for self-sufficient employment and advancement.
  3. Empower the current and future Texas workforce with the career information, knowledge, and skills necessary for employment and career advancement in high-skilled, high-wage careers.
  4. Safeguard and maintain public trust in the Texas workforce system through sound fiscal stewardship, strong performance and accountability measures, and achievement of system-wide performance outcomes.
The Texas workforce development system’s market-driven approach incorporates all potential customers, including employers and job seekers, as well as workforce service providers, economic development entities, universities, community colleges, and training providers. This approach ensures that all workforce system customers are valued, informed contributors to and drivers of the system, thus allowing state and local policymakers to strategically plan for the current and future needs of the state.
Texas Workforce Solutions continuously monitors and analyzes the needs of the state’s workforce and businesses to ensure a solid approach that enables job growth, promotes a well-trained workforce, and ensures Texas’ ability to compete on a global level.
II.b.3 – Performance Goals. The State did not provide expected levels of performance relating to the performance accountability indicators based on primary indicators of performance described in section 116(b)(2)(A) of WIOA and II(b)(3) of the ICR. / Technical Amendment / Performance goals for Measureable Skills Gains for Adult Education were negotiated with the Office of Career, Technical, and Adult Education (OCTAE) and approved as follows:
  • PY 16/FY17 Proposed/Expected Level and Negotiated/Adjusted Level = 55%
  • PY 17/FY18 Proposed/Expected Level and Negotiated/Adjusted Level = 56%

Ill.b.2-State Operating Systems and Policies (Policies). The State must remove the hyperlinks and place the applicable content directly into the Plan submitted through the portal. / Discussing with DOL / State Policies
The state makes information on state-imposed requirements—such as guidance for the statewide workforce development system, including policy for the use of state funds for workforce investment activities—available to the public.
All workforce policy that supports the implementation and continuous provision of WIOA-funded services is approved by TWC’s governing body, consisting of three Governor-appointed Commissioners, before being made available to the public.
The following materials are readily accessible through the TWC website:
  • WIOA – overview, implementation, guidance, service and stakeholder inputThe WIOA Guidelines for Adults, Dislocated Workers, and Youth provides Boards with guidance on implementing WIOAincluding establishing WIOA Title I program eligibility for adults, dislocated workers, and youth. The WIOA Guidelines describes each WIOA job seeker population and provides information and procedures for documenting and verifying eligibility for each.

  • Current TWC rules are reviewed by TWC’s three commissioners, and must be approved before rules and past rule amendments, as codified in the Texas Administrative Code, Title 40, Part 20, as well as information on past rule amendments are made available to the public via the “Texas Workforce Commission Rules” page on the agency’s website.

  • All operational guidance and active workforce policy issued through guides, is provided to local Boards in the form of Workforce Development (WD) Letters, Adult Education and Literacy (AEL) Letters, and Technical Assistance (TA) Bulletins, and comprehensive guides. These guidance documents are based on Commission-approved policies.

  • Reports, plans, and publications: Agency strategic plans and annual reports, publications for employers and job seekers, and program plans and reports

The following vocational rehabilitation materials are readily accessible through the Texas Department of Assistive and Rehabilitative Services (DARS) and HHSC websites:
  • New or modified policies and procedures communicated through policy circulars and bulletins

  • Current HHSC rules, as codified in the Texas Administrative Code, Title 1, Part 15
  • Reports and plans of DARS’ programs

III.b.3. A-State Program and State Board Overview (State Agency Organization). The State must remove the hyperlink and place the applicable content directly into the Plan submitted through the portal, ensuring that the chart is 508 compliant. / Discussing with DOL / Texas Workforce Commission Organizational Chart, as of September 1, 2016:
Commissioners : Chairman, Andres Alcantar; Commissioner Representing Employers, Ruth
Ruggero Hughs; Commissioner Representing Labor, Julian Alvarez
  1. Executive Director, Larry Temple
  1. Deputy Executive Director, Ed Serna
  1. Director, Business Transformation Office, Alfredo Mycue
  2. Director, Business Operations and Transition Management, Glenn Neal
  3. Director, Information Technology Division, Lisa Richardson
  4. Applications Development & Maintenance, Michael Kell
  5. I.T. Infrastructure Services, Robert Von Quintus
  6. Project Management Office, Leslie Howes
  1. Chief Financial Officer, Randy Townsend
  2. Director, Internal Audit, Ashley Sagebiel, (also indirectly reports to the Executive Director)
  3. Directory, Transition Management, Glenn Neal
  4. Interim General Counsel, Susanna Holt Cutrone (also indirectly reports to the Commissioners)
  5. Director, Office of Employer Initiatives, Aaron Demerson
  6. Director, Operational Insight, Adam Leonard
  7. Deputy Director, Workforce Solutions, Reagan Miller
  8. Director, Workforce Development Division, Courtney Arbour
  1. Program Branch, Patricia Gonzalez
  2. Operations Branch, Vacant
  3. Workforce and Board Support Department, John Fuller
  4. Adult Education and Literacy Department, Anson Green
  5. Texas Veterans Leadership Program, Bob Gear
  6. Director, Rehabilitation Services Division, Cheryl Fuller
  7. Interim Director, Blind Services Division, Cheryl Fuller
  1. Director, Civil Rights Division, Lowell Keig
  1. Employment Investigations/ADR, Betty Stanton
  2. Housing Investigations/ADR, Michelle Goodwine
  1. Director, Regulatory Integrity Division, Paul Carmona
  1. Investigations and Fraud, Boone Fields
  2. Subrecipient Monitoring, Statistical Sampling, Charles Ross, Jr.
  3. State EO Officer, Boone Fields (also indirectly reports to the Executive Director)
  1. Director, External Relations Division, Tom McCarty
  1. Communications, Lisa Givens
  2. Governmental Relations, Michael Britt
  3. Labor Market and Career Information, Doyle Fuchs
  4. Conference Planning and Media Services, Julia Mercado
  1. Director, Unemployment Insurance & Regulation Division, LaSha Lenzy
  1. Customer Service & UI Operations, Clayton Cole
  1. UI Operations and Customer Support, Carlos Olivares
  2. Appeals, Melissa Butler
  3. Commission Appeals, Sherri Miller
  4. Special Hearings, Jennifer Turner
  5. Tax, Leigh Pursell

lll.b.4.D-Evaluation. The State did not describe the evaluation element in the Plan. / Included in the June plan modification / N/A
III.b.S.B.i-Multi-year grants or contracts. The State did not adequately describe its competitive process. The State must conduct a competition and issue grants or contracts under the provisions of WIOA no later than July 1, 2017. The State did not describe how it will establish that eligible providers are organizations of demonstrated effectiveness. / Technical Amendment / For Title II Adult Education and Literacy
AEL under WIOA Title II provides in §211 the basis and methodology for the awarding of state grants for AEL activities, in §243 the basis and methodology for the allotment of funds for integrated English literacy and civics education (IEL/CE)), and in §225 for the use of funds for corrections. In concert with this basis and methodology, and pursuant to conforming TWC rules (40 TAC §800.68) as outlined below, AEL allocations are made available to each workforce area.
Title II Adult Education and Literacy Statewide Competition and Awards
To facilitate rapid alignment to service delivery enhancements under WIOA, TWC will hold a statewide competition in the fall of 2016 for contracts starting July 1, 2017. Multi-year contracts consist of 24 month contracts with the option of renewals or extensions in any combination of years or months, at the Agency’s discretion, provided that the total grant period does not exceed five (5) years.
A competitive Request for Proposal (RFP) process will be used by TWC on a standard format used by the agency. All eligible providers follow the same competitive procedures. The RFP will provide instructions for preparation of proposals, a deadline for submitting a notice of intent to apply and a deadline for receipt of the proposals, review criteria, assurances, and other legal, fiscal, and program requirements; and plans for cooperative arrangements the eligible provider will develop with other agencies, institutions, or organizations for the delivery of AEL services.
Grantees will respond to questions in the proposal that include requirements as outlined in WIOA Sec. 232(1)-(7). The review of proposals will include rating responses to questions aligned to the 13 considerations in WIOA Sec. 231(e)(1)-(13).
Timeline: The following steps will be taken in conducting the AEFLA competition:
  • RFP Development - Mon 02 May '16 - Fri 09 Sep '16
  • RFP Publication - Fri 30 Sep '16 - Tue 29 Nov '16
  • Question and Answer document published - Tue 11 Oct '16 - Wed 19 Oct '16
  • Proposal submission deadline - Tue 29 Nov '16 - Tue 29 Nov '16
  • Evaluation and Score - Thu 08 Dec '16 - Mon 09 Jan '17
  • Contract Development - Wed 25 Jan '17 - Wed 22 Mar '17
  • Final Contract - Thu 23 Mar '17 - Wed 29 Mar '17
  • Contract Execution - Thu 30 Mar '17 - Wed 19 Apr '17
  • PY’ 17 start of service delivery – July 1, 2017
Title II Adult Education and Literacy Determining Demonstrated Effectiveness
Through the AEL competition, eligible providers will be required to demonstrate past effectiveness by providing performance data on documented factors of improving the skills of eligible individuals, particularly eligible individuals who have low levels of literacy, in the content domains of reading, writing, mathematics, and English language acquisition. Prior TWC AEL grant recipients will be required to provide performance data required under section 116 of WIOA to demonstrate past effectiveness as evidenced by data from the Texas Educating Adults Management System (TEAMS) student data management system to demonstrate the extent to which they met State-negotiated performance measures for all state and federal performance measures.
Eligible providers that have not been previously funded under Title II of the WIOA must provide performance data to demonstrate its past effectiveness in serving basic skills deficient eligible individuals including those with low levels of literacy in the content domains of reading, writing, mathematics, and English language acquisition and demonstrate the extent to which they objectively evaluate performance criteria in achieving outcomes listed under section 116 of WIOA.
Eligible providers must also provide information regarding its outcomes for participants related to employment, attainment of secondary school diploma or its recognized equivalent, and transition to postsecondary education and training.
Proposal review criteria for all proposals will include evaluation and scoring based on a standard of demonstrated effectiveness.
Ill.b.S.B.ii -Direct and Equitable Access. The State did not indicate in the Plan that the same announcement, application, and process will be used for all applicants for each RFP it intends to issue. The State did not indicate that all applications are treated in the same manner in terms of review and evaluation. / Technical Amendment / TWC uses a Request for Proposal (RFP) competitive process under which all proposals for funding are treated in the same manner in terms of review and evaluation during the RFP process including the same announcements, proposal materials, and review and award process for each RFP the state issues. TWC ensures all eligible providers have direct and equitable access to AEL funding opportunities. All offerors eligible under Section 231 of WIOA will submit proposals directly to TWC. They will not be required to apply through another agency or agencies in a multi-tiered process. Notice of availability of awards will be distributed via e-mail distribution lists of current providers, Literacy Texas, the state’s non-profit literacy council network, Texas community and technical college systems, Local Workforce Development Boards, as well as public posting on the AEL website and the Texas Electronic State Business Daily, the Texas Comptroller’s website, which houses announcements and details of all open procurement in Texas. The RFP processes will be designed so that direct application to TWC is clearly evident, customary, and nonnegotiable.
III.b.S.C. -Title IV Vocational Rehabilitation. The State did not describe the distribution of funds for the Vocational Rehabilitation program between the two Vocational Rehabilitation agencies within the State. / Technical Amendment / For Title IV Vocational Rehabilitation
For discussion of the distribution of funds related to Title IV, Vocational Rehabilitation, see Appendices 2 and 3.
The planned allocation of VR funds for FY 2017 will be 80% to VR General and 20% to VR Blind. This allocation has been in place in Texas for many years. It was initially agreed upon by the legacy Vocational Rehabilitation agencies following review of demographics and estimated needs of people with visual impairments. This allocation will ensure consistent funding to both Designated State Units (DSUs) and will retain established levels of service to both consumer populations following DSUthe combination of DSUs in FY 2018.
Ill.b.7-Priority of Service for Veterans. The State did not adequately describe how it will implement and monitor the priority of service for veterans provisions in compliance with the Jobs for Veterans Act, codified at 38 U.S.C. § 4215, nor did the State describe the referral process for veterans determined to have a significant barrier to employment to receive services from the Jobs for Veterans State Grants (JVSG) program's Disabled Veterans' Outreach Program (DVOP) specialist. / Technical Amendment / Priority of Service for Veterans
Texas Workforce Solutions has always provided priority of service for eligible veterans and eligible spouses in all DOL-funded programs. Additionally, the Texas legislature mandated priority of service for eligible veterans and eligible spouses in all state-funded workforce services.
The Subrecipient Monitoring department maintains a risk assessment methodology for monitoring local Board activities, and priority of service for veterans is included in the items that are applied to this methodology. Monitoring activities generally include on-site visits, interview with staff, and regular reviews of local Board policies related specifically to priority of service for veterans.
Priority of service means the right of veterans to take precedence over non-veterans in obtaining workforce services. Taking precedence means that veterans receive access to workforce services before non-veterans. If workforce services are limited, veterans receive access to workforce services instead of or before non-veterans.
Texas Workforce Solutions ensures the requirements for priority of service apply to all workforce service programs funded in whole or in part by the U.S. Department of Labor Employment and Training Administration or state funds. Priority of service for veterans applies to the following three categories of qualified job training programs:
  • Universal access programs (e.g., Wagner-Peyser–funded services) that deliver services as a whole and that do not target specific groups;
  • Discretionary targeting programs (e.g., Workforce Innovation and Opportunity Act–funded services) that focus on certain groups but do not specifically mandate that target groups be served before other eligible individuals; and
  • Statutory targeting programs (e.g., Temporary Assistance for Needy Families–funded services, TANF) that are mandated by federal law to provide priority or preference to certain groups.
Veterans and eligible spouses are:
  • identified at the point of entry;
  • informed of their right to priority of service; and
  • informed of the full array of employment, training, and placement services available and any applicable eligibility requirements for those programs and services.
Priority of service is then applied in the following order:
  • Veterans and eligible spouses who meet the mandatory priorities or spending requirement or limitation must receive the highest priority for the program or service;
  • Non-veterans within the program’s mandatory priority or spending requirement or limitation must receive priority for the program or service over eligible veterans outside the program-specific mandatory priority or spending requirement or limitation; and
  • Veterans and eligible spouses outside the program-specific mandatory priority or spending requirement or limitation must receive priority for the program or service over non-veterans outside the program-specific mandatory priority or spending requirement or limitation.
In Texas, the Disabled Veterans’ Outreach Program (DVOP)/Local Veterans’ Employment Representative (LVER) grants Jobs for Veterans State Grants are administered by the Texas Veterans Commission (TVC). DVOP and LVER staff are housed in Workforce Solutions Offices with Board workforce service provider staff and Wagner Peyser Employment Services staff. TWC, TVC, and the Boards work closely to ensure veterans are given priority and the services they have earned.
Texas’ job matching system, WorkInTexas.com, has a number of features specifically tailored to serve veterans, including the following:
•A two-day hold on all newly created job postings—these jobs are available only to veterans for the first two days they are available to ensure veterans get first review;