COVID-19 Q&ATexas Workforce CommissionWorkforce Development Division

Questions and Responses prior to May 2020

Updated April 29, 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..............................................................................................................................4

Information Technology (IT).......................................................................................................................5

Performance...............................................................................................................................................7

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

General....................................................................................................................................................7

Choices....................................................................................................................................................8

Non-Custodial Parent (NCP)..................................................................................................................10

SNAP Employment & Training (E&T)......................................................................................................11

Trade Adjustment Act (TAA) & Rapid Response....................................................................................12

Unemployment Benefits & RESEA.........................................................................................................13

Workforce Innovation & Opportunity Act (WIOA) Adult/Dislocated Workers......................................14

WIOA Youth...........................................................................................................................................16

Workforce Systems...................................................................................................................................17

General..................................................................................................................................................17

The Workforce System of Texas (TWIST)...............................................................................................19

(Interim ETPS) Interim Eligible Training Provider System......................................................................19

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General/AdministrativeQ: Are Workforce Solutions Offices considered an essential government function?

A: As stay-at-home or shelter-in-place orders have been issued across the state, it is important to remember that the work we do is considered essential government service. We remain open for business, even if many staff members are working from home.

Q: Is it allowable to use contract funds to reimburse employees for home phone or internet costs while the employee teleworks?

A: This is an allowable cost. One example being used is providing MiFi’s to staff members who have no home internet but are required to telework. Local Workforce Development Boards (Boards) must document the reason for the decision (how it is reasonable and necessary) and the procurement process followed to make any related purchases.

Q: Our local Workforce Solutions Office is still open to the public. Are we allowed to take customers’ temperatures to minimize potential risk to our staff?

A: Although not advisable, staff may take customers’ temperatures. If staff does so, appropriate personal protective equipment (PPE) must be worn, in accordance with guidance issued by the Texas Department of State Health Services.

Q: When will funds designated in the CARES Act be made available to states?

A: TWC is taking action to implement the new law and is working with the US Department of Labor (DOL) to implement the act while continuing to work to process unemployment insurance claims from layoffs as a result of the coronavirus (COVID-19) pandemic. We are upgrading our system to adapt to the new legislation.

Q: Under what circumstances may grantees discuss individuals affected by COVID-19? For example, if local staff exhibit symptoms, or even test positive for COVID-19, may other staff members be informed of this?

A: Employers must maintain all information about employee illness as a confidential medical record in compliance with the Americans with Disabilities Act (ADA). Openly discussing whether an employee has tested positive or whether an employee will be tested for the virus is also prohibited under TWC policy. Boards must remind employees and partners that discrimination or harassment against individuals who are suspected to have tested positive for, or been exposed to, coronavirus, is strictly prohibited. In the midst of the uncertainty, be honest and transparent (to the extent allowed by law) and remain calm and patient with your employees. Let them know that you are taking steps to protect their health and safety. On March 21, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Pandemic Preparedness In the Workplace and the

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Americans with Disabilities Act publication to help employers avoid violating the ADA. In short, the EEOC noted that some rules and procedures that might otherwise raise ADA concerns may be permissible under the circumstances.

Information Technology (IT)Q: Board staff needs to work remotely; may staff use logmein.com or gotomypc.com for secure remote access? If not, what should staff use?

A: Board staff and Workforce Solutions Office staff must use the remote access tool that has been provided by their respective offices for teleworking. Using free versions of these tools, which may be available on the web, is not recommended. Some of them have inherent security vulnerabilities, if they are downloaded and installed “as is.” They require the organization’s IT/Cybersecurity staff to configure them properly for staff to use remotely to access work PCs, applications, and data.

Q: Staff needs internet access at home or an alternate location. MiFi’s are unavailable for purchase right now. What can staff do?

A: All TWC mobile phones are iPhones. Instructions on how to use your mobile phone as a hot spot are provided below.

If individuals with personal iPhones or Androids have this feature, it would be on the individual’s personal plan. There may be overages and charges.

Instructions:Set up Wi-Fi hot spot—Apple iOS13 and newer

1. From the home screen, select Settings. 2. Select Personal Hotspot.3. Select Allow Others to Join to turn it on. 4. Select Wi-Fi Password.5. Enter desired password, then select Done.6. The personal hot spot is now active, allowing other devices to connect via Wi-Fi.

Check the “name” of the iPhone. It’s probably named “iPhone.” Change it to “[Your Last Name] iPhone” or something else (Settings—General—About—Name). This is an issue because all TWC iPhones are named “iPhone” by default.

Change the hot spot password to something less complicated than the alphanumeric default (Settings—Personal hotspot—Wi-Fi password). You may change it to anything you want, but please do not use a weak or simple password (such as “1234abcd”).

Toggle the hot-spotting feature from off to on. Power-cycle the phone.

Set up Wi-Fi hot spot—Apple iOS12 and older

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1. From the home screen, select Settings. 2. Select Cellular or Personal Hotspot.3. Select Personal Hotspot to turn it on. 4. Select WiFi Password.5. Enter desired password, then select Done.6. The personal hot spot is now active, allowing other devices to connect via Wi-Fi.

Check the “name” of the iPhone. It’s probably named “iPhone.” Change it to “[Your Last Name] iPhone” or something else (Settings—General—About—Name). This is an issue because all TWC iPhones are named “iPhone” by default.

Change the hot spot password to something less complicated than the alphanumeric default (Settings—Personal hotspot—Wi-Fi password). You may change it to anything you want, but please do not use a weak or simple password (such as “1234abcd”).

Toggle the hot-spotting feature from off to on. Power-cycle the phone.

Q. Boards are having trouble implementing Teams as a collaboration and meeting tool. Where can we get more information on Teams?  How can we request hands-on training from TWC Information Technology (IT)?

A. TWC IT can provide Board members with the following Microsoft training resources:Microsoft Teams Video TrainingMicrosoft Teams Basics Getting Started with Microsoft Teams (YouTube playlist) Microsoft Teams Training (YouTube   playlist) Instructor-led Training for Microsoft TeamsEnd-user Training for Microsoft Teams

TWC IT can offer a training session for Board members via a webinar tool (for example, via Adobe Connect, Webex, Teams, and Zoom)

TWC IT provides an informal Teams Training Users Group to Board staff and/or contractors via our weekly “Tiger Team Coffee Break,” typically scheduled on Thursdays.

Q: Does every Board staff member have a TWC email address and thus a Teams account? How can TWC IT help the Boards get all Board staff up and running on Teams?

A: Only Employment Service (ES) and Vocational Rehabilitation (VR) staff working in Board and Workforce Solutions Offices have TWC email addresses. 

Those who do not regularly use their accounts may require their accounts to be unlocked or passwords reset to use their TWC email accounts.

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An individual with a TWC email address (such as an ES staff member) can sign on using his or her TWC account information to participate in a TWC Teams meeting.

If a Board or Workforce Solutions Office staff member does not have a TWC email address, the staff member can still participate in a TWC-hosted Teams meeting by using the link to the meeting or the provided call-in number in the meeting invitation. 

Note: If the Teams meeting host uses Microsoft Outlook to create and send the invitation, attendees can be invited from organizations with email addresses outside their organization. The attendees will receive a meeting invitation that should include a link to the Teams meeting as well as call-in information.  

PerformanceQ: What is the expectation on performance due to unusual circumstance of business on temporary shutdowns?

1) A: We understand that performance on many measures is likely going to be impacted by COVID-19 and efforts to slow its spread.

2) It is too early to know what that impact is going to be?3) We are going to monitor the situation to determine what the appropriate

recommendations are.4) Those recommendations will be informed by what the data actually show and that

nobody should fail performance solely as a result of COVID-19 and related efforts to slow its spread.

ProgramsGeneral

Q: Will we still need to collect customer signatures on documents (employment plan, requirements, and so forth), or can we document in Counselor Notes that because of COVID-19 concerns, a signature was not captured?

A: Boards may use electronic signature tools in compliance with 10 TAC §203(B) for documents that require a signature, such as program eligibility documents and orientation to complaint forms. Allowable electronic signature tools, known as public key infrastructure (PKI), are available at the Department of Information Resources web page at the following address: https://pubext.dir.texas.gov/portal/internal/resources/DocumentLibrary/PKI%20Provider%20List.docx.

TWC continues to research allowable exceptions to signature requirements in general.

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Q: Until we have capability to accept signatures from customers is it acceptable for Boards to use email submission of documents from customers in place of their signature on these documents? What is acceptable in the absence of a physical signature?

A: Boards should must review capability to send and/or receive digital signatures using technology acceptable under 1 Texas Administrative Code (TAC) 203, subchapter B. Digital, or eSignature applications such as DocuSign and Adobe E-signature, comply with state law. Additionally, WorkInTexas.com may provide Boards a secure way to transmit and receive documents between customers and local staff. (Assist Individual > Individual Profiles > Personal Profile > Documents)

Q: May local staff accept copies of required documents—such as driver’s licenses or Social Security cards—from applicants through email or a secure site like WorkInTexas.com?

A: WorkInTexas.com allows customers and staff to upload and download documents directly into customer accounts. Staff may use this function to collect required documentation. Other document collection methods are being researched.

Staff must discourage customers from sending PII through unsecure methods, such as unencrypted emails. Any communication methods used must comply with guidance provided in WD 02-18.

Choices

On March 27, 2020, The Texas Health and Human Services Commission (HHSC) issued MEPD and Texas Works Bulletin 20-05, titled “COVID-19 Policy Updates #2.” This bulletin includes the following updates, which are effective until rescinded by further HHSC guidance:

Choices services are temporarily suspended. TANF applicants are not required to complete the Workforce Orientation for Applicants

(WOA). TANF recipients are not required to participate in Choices services. TWC staff must not send sanction requests for individuals who cannot participate

because of the COVID-19 pandemic.

During the temporary suspension of Choices services due to COVID-19, all new mandatory TANF recipients will fall into the outreach pool. However, because of the temporary suspension of Choices, Boards are not required to conduct outreach until further notice. Current Choices cases must be granted Good Cause unless they are participating in essential activities that require support services.

Q: Will HHSC continue to hold hearings for programs participants?

A: We have received information from the Health and Human Services Appeals and Fair Hearings department. HHSC will continue business as usual until further notice. Hearings will continue to be scheduled and conducted; however, if that changes, Boards will be

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notified immediately. Until further notice, please send all evidence packets for fair hearings to the following email address: appealsinfo@hhsc.state.tx.us.

Q: If a participant in Work Experience is turned away from his or her work site due to COVID-19, can the participant be placed at a local Workforce Solutions Office to continue the activity?

A: With Workforce Solutions Offices closing their doors to public traffic, we do not advise that individuals be placed, or continue, in workforce activities at local Workforce Solutions Offices. If other Work Experience locations are available in essential occupations, participants who wish to continue may be transferred to those sites. Alternatively, individuals affected by work site closures may be placed in Good Cause.

Q: Does the (No Show/Non-Participation) apply to new Choices customers as well?  

A: No, MEPD and Texas Works Bulletin 20-05 temporarily suspends Choices services.

Q: A participant was laid off from a hotel because of COVID-19 closure. They are unable to participate virtually and will be placed in Good Cause. Do we send Form 2510 to Child Care Services to notify them that the customer is no longer actively participating? Will the customer continue to receive Choices Child Care while in Good Cause?

A: Do not send Form 2510 to Child Care staff. The customer is still in the Choices program. The customer is not actively participating because of this crisis, not because of an action on their part and will not be sanctioned.

Q: For customers who have the H2588 form to complete a TANF orientation and who are conditional applicants, what happens with the 30-day cooperation portion of it? Is it being waived, and if so, do we just complete the H2583/H2581 explaining to HHSC why the customer is unable to cooperate?

A: There is no 30-day cooperation portion on the H2588 form. The H2588 form only signifies that the customer completed a Workforce Orientation for Applicants (WOA). The WOA is not required at this time. The cooperation process will be as follows:

o Sanction families: staff may send the H2583 form specifying cooperation or Good Cause, and HHSC will allow the customer to resume TANF benefits after the first forfeit month.

o Conditional Applications: will not have to demonstrate 30 days of cooperation with TWC, but, based on state law, HHSC will have to hold the application open for 30 days before certifying the TANF benefits.

Q: Do working customers need to meet the required hours, or will any amount of hours suffice?

A: To meet performance, yes, customers must meet the required hours. However, as we are not initiating penalties at this time, we will track all reported hours and provide support services as needed.

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Q: If TANF eligible individuals who come through the mandatory outreach pool find a job on their own at an essential business need support services, are we able to help them?

A: If a TANF eligible individual finds a job on his or her own and we do not have a case for him or her, the steps to open the case must be completed before support services can be provided.

Q: Do we need to empty the outreach pool, and, if so, give reconsideration? Or is there any action recorded for not outreaching?

A: No, staff does not need to conduct outreach or empty the outreach pool. This is a statewide action, so no additional documentation is necessary.

Q: How do we proceed with reduced work hours? Do we enter reduced work hours into TWIST or place in Good Cause?

A: Staff would not enter Good Cause in this scenario. If a participant is in an activity such as employment, even with reduced hours, these hours should be entered. Staff will track hours and continue to provide support services if needed. In the event that the customer fails to provide employment hours, staff must remember that we are no longer issuing penalties on any case.

Q: Should Good Cause be granted on penalties requested on or after HHSC suspended Choices and SNAP E&T service requirements on March 27, 2020?

A: Penalties submitted on or after March 27, 2020, do not require any Good Cause action. As of April 1, 2020, staff must not request any penalties until TWC provides further guidance.

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.

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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.

SNAP Employment & Training (E&T)

On March 27, 2020, HHSC issued MEPD and Texas Works Bulletin 20-05, titled “COVID-19 Policy Updates #2.” This bulletin includes the following updates, which are effective until rescinded by further HHSC guidance, as follows:

SNAP household certification periods will be extended for six months, as follows:o March 2020 are automatically extended through September 2020.o April 2020 are automatically extended through October 2020.o May 2020 are automatically extended through November 2020.

SNAP E&T services are temporarily suspended. All SNAP recipients are considered exempt participants. ABAWDs not working or participating in work activities are not subject to federal time

limits. TWC staff must not send sanction requests for individuals who cannot participate

because of the COVID-19 pandemic.

Current participants in SNAP E&T can be allowed to participate if the Board has the accessibility and resources to do so.

Q: Will HHSC continue to hold hearings for program participants?

A: We have received information from the Health and Human Services Appeals and Fair Hearings Department. Hearings will continue to be scheduled and conducted; however, if that changes, Boards will be notified immediately.

Until further notice, please send all evidence packets for fair hearings to the following email address: appealsinfo@hhsc.state.tx.us.

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Q: Does the (No Show/Non-Participation) apply to new SNAP E&T customers as well? 

A: No. MEPD and Texas Works Bulletin 20-05 temporarily suspends SNAP E&T services, and exempts all SNAP E&T recipients.

Q: With the shelter-in-place implementation, do we continue to outreach SNAP ABAWDs?

A: HHSC is exempting all SNAP E&T recipients; therefore, outreach is not required.

Q: Do we still have to provide support services for SNAP E&T participants?

A: If participants are still participating in an essential activity and need support services, staff should provide the support services as required.  Support services will not be provided to participants while they are in Good Cause or under suspended work requirements.

Q: With a temporary interruption under Good Cause there is an end date required that cannot go beyond the end of the current month. The only way the case can be closed is to do a reconsideration and there aren’t selections that meet a crisis situation.

A: Due to all Texas counties being classified as minimum service counties, all SNAP E&T participants are considered exempt. TA recommends that workforce staff close the SNAP E&T case in TWIST with the exit reason Individual Exemption, unless the individual is participating in an “essential activity,” such as employment, where support services are necessary. At that time, staff would place the customer in temporary interruption. This requires service 91-Good Cause to be reviewed monthly, meaning that staff would open/close the service each month.

Q: Do we need to empty the outreach pool, and if so, give reconsideration? Or is there any action recorded for not outreaching?

A: No, staff does not need to conduct outreach or empty the outreach pool. This is a statewide action, so no additional documentation is necessary.

Q: Should Good Cause be granted on penalties requested on or after HHSC suspended Choices and SNAP E&T service requirements on March 27, 2020?

A: Penalties submitted on or after March 27, 2020, do not require any Good Cause action. As of April 1, 2020, staff must not request any penalties until TWC provides further guidance. A SNAP E&T Good Cause recommendation must be submitted if a customer contacts workforce before the adverse action date.

Trade Adjustment Act (TAA) & Rapid Response

Q: Data entry of Rapid Response services in TWIST requires a control number. When will Boards be given the control numbers for TWIST Rapid Response data entry?

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A: State Rapid Response staff is working on getting these control numbers out to the local staff as soon as possible. As control numbers become available, state Rapid Response staff will be emailing control numbers to the local Rapid Response coordinators.

Q: What should we do if employers have already sent employees home and we do not have the information needed for Rapid Response?

A: Work with the employer to gather employee information, if possible. TWC understands that in some instances, obtaining the information on affected workers will not be possible. In these cases, Rapid Response services will not be provided to the affected workers unless they reach out to the Workforce Solutions Office, where they can be provided a one-on-one Rapid Response orientation (by phone, Skype, and so forth).

Q: Can local Rapid Response coordinators get information of all the Worker Adjustment and Retraining Notification (WARN) and other Lay Off Notices that have been reported to the state office for their Board’s local workforce development area (workforce area)?

A: Yes. State Rapid Response staff will run a Texas Rapid Response Accountability Compliance System (TRRACS) report for each workforce area with all the WARN/Lay Off Notices received from employers and local Rapid Response staff. The first report will contain all WARN/Lay Off Notices from March 1, 2020, to April 17, 2020. State Rapid Response staff will run a new report on May 4, 2020, that will contain all WARN/Lay Off Notices for the month of April 2020.

Q:  May local TAA staff accept an email receipt or acknowledgment of documents from a customer via email until we have the capability to obtain signatures?

A:  If staff is unable to obtain signatures on a Reemployment and Training Plan (REP) or waiver, staff must submit the request to TAA@twc.state.tx.us. This ensures that the state office issues an administrative decision on the waiver or REP that affects monetary benefits. If the training is denied for lack of signatures, state office staff will provide the customer with official appeal rights. Decisions will be based on federal regulations.

Unemployment Benefits & RESEA

Q: Will TWC provide Boards with an updated online Unemployment Insurance (UI) presentation?

A: While the information essentially is correct, UI is working to update this information. Important: Currently, claimants are exempt from the work search requirement, and we know issues relating to COVID-19 are impacting their ability and availability to work. They will not be deemed ineligible. Once the work search requirement is reinstated, claimants will be notified and will need to register for work and start looking for work.

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Q: Our Board has claimants who say they were told by UI Tele-Center staff that they do not need to register in WorkInTexas.com. Is this correct?

A: Yes. Claimants are currently exempt from the work search requirement. While this exemption is in place, claimants will not be required—but are allowed—to complete or update their WorkInTexas.com registrations. Claimants receive a basic registration in WorkInTexas.com automatically. This registration allows basic services, including RESEA Orientation and RESEA Exemption services. If claimants choose to participate in local Workforce Solutions Office activities, staff should complete a Wagner-Peyser application for those individuals.

Q: We understand that RESEA Orientation letters are no longer being sent to claimants. Can Board staff still see a list of RESEA-eligible claimants for their local workforce development area?

A: No. Claimant profile scores are not currently available. During normal operations, TWC runs a profile modeling program, which gives each claimant a raw score. These claimants are then placed in the outreach pool, and the data are provided to WorkInTexas.com. When work search requirements were waived, this process was turned off.

Q: Can Boards receive a count of daily claims filed by county?

A: Workforce Report #115 (UI Claimant Report) is available for Boards to identify claims filed within a specified 11-week period. The report does not filter by county, but it does include ZIP codes, and it is filterable by WDA and/or ES office. This information must not be made available to the public as it contains PII.

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: Now that UI Tele-Center hours have expanded to 7:00 a.m.–7:00 p.m. seven days/week, will the area code Tele-Center call times chart be updated?

A: No. On April 17, 2020, TWC’s UI Division rescinded the area code chart for the following reason: “Claimants are confusing this with their filing days and dates. Please do not refer claimants to this information and remove it from your own materials and desk aids.”

Q: Once work search requirements are reinstated for claimants, many customers will need help completing registrations in WorkInTexas.com (WIT). Are there resources available for our customers (for example, a WIT guide or video)?

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A: Yes. Job seekers can access registration resources and tips at the bottom of the WIT home page. Those resources are also available at the following link: https://twc.texas.gov/files/jobseekers/workintexas-registration-usage-tips-twc.pdf

Workforce Innovation & Opportunity Act (WIOA) Adult/Dislocated Workers

Q: Our Board policy requires that Work Experience take place at a physical employer location, with in-person supervision. The employer work site has shut down 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 Fair Labor Standards Act (FLSA) is available at: https://www.dol.gov/agencies/whd/flsa/pandemic.

Additionally, DOL’s “ETA Coronavirus (COVID-19) FAQs,” updated April 13, 2020, 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, 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 must continue to pay the participant for the remainder of the established term.”

Q: A WIOA applicant has been furloughed as a result of employer closure during COVID-19. The applicant is receiving UI benefits for reduced hours according to mainframe records. Can this applicant be considered a WIOA Dislocated Worker (DW), or do we need to determine eligibility as a WIOA Adult?

A: An applicant who has been furloughed but is receiving UI benefits may be considered laid off for purposes of WIOA DW eligibility. When an employer has laid off or furloughed all workers as a result of COVID-19, this may be considered a substantial layoff. The individual may also be considered unlikely to return if his or her industry shows no growth, he or she has been unable to find employment in their industry or occupation, or the individual’s occupation is unlikely to provide self-sufficiency.

Alternatively, the Board may determine the individual’s eligibility for the WIOA Adult program. When a customer is potentially eligible for both WIOA Adult and DW

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programs, consideration must be provided as to the availability of funds and which eligibility process may be less burdensome.

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, authorized by §2201 of the CARES Act. These EIPs are categorized as tax credits and must not be included in income calculations.

Boards must be aware that the following unemployment-related payments are considered income and must be used in low-income calculations for priority, as follows: 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/week supplemental

payments for UB recipients

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?

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.

Q: Are NRS-approved tests still required to calculate Measurable Skill Gains (MSGs) for WIOA Youth, specifically for pretesting and posttesting used to demonstrate Educational Functioning Level (EFL) gains?

A: For MSG performance, Boards must follow guidance provided in WD Letter 09-19, Change 1 , issued October 31, 2019, and titled “Workforce Innovation and Opportunity Act Performance Outcomes: Measurable Skill Gains—Update,” and its attachment.

As stated above, although WIOA does not require that youth receive a proctored assessment for program eligibility, Boards using the EFL pretest/posttest method to determine an MSG must continue to use an NRS-approved test, keeping in mind that the EFL method is only one

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of five methods that can be used to determine an MSG. The other four methods do not require the use of an NRS-approved assessment. Although no current remote or online NRS-approved options exist, it is expected that these types of assessments will become readily available in the near future, and TWC will provide updated information as soon as it is available.

Q: If a WIOA Youth 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, may we continue to pay the participant even though he or she is not working?

A: Yes. DOL’s Employment and Training Administration (ETA) released “ETA Coronavirus (COVID-19) FAQs,” updated April 13, 2020, which include the following response:

“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, 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 must continue to pay the participant for the remainder of the established term.”

Q: Our Board is paying wages for a participant (based on enrollment in Work Experience, on-the-job training (OJT), or subsidized employment before the national emergency declaration) not actively participating in services, as required by “ETA Coronavirus (COVID-19) FAQs,” whose work site closed. How must we document the service in TWIST?

A: Boards must continue to enter services in which participant is actively engaged and/or for which they are receiving payments. Continue to enter service and pay the participant until the original contracted end date of the activity. If the participant was not engaged in such activities before the national health emergency declaration, Boards must not continue payments unless participation occurs. In this case, a Planned Gap must be entered.

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, authorized by §2201 of the CARES Act. These EIPs are categorized as tax credits and must not be included in income calculations.

Boards must be aware that the following unemployment-related payments are considered income and must be used in WIOA Youth income calculations: Pandemic Unemployment Assistance (PUA)—compensation for individuals not

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

extension

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Federal Pandemic Unemployment Compensation (FPUC)—$600/week supplemental payments for UB recipients

Workforce SystemsGeneral

TWC has included additional documents related to teleworking requirements for local staff on the COVID-19 Resources for Local Workforce Development Boards page. (https://twc.texas.gov/partners/covid-19-resources-local-workforce-development-boards)

Q: May local staff use personal computers to work remotely? Through remote desktop, virtual private network (VPN), or other secure access? Direct access?

A: Use of personal computers to access agency information must comply with TWC’s Information Security Standards, detailed in Section SG32.0 Portable/Remote Computing. Information Security Standards are available on the TWC intranet at: https://intra.twc.texas.gov/intranet/its/docs/iris_standard.pdf.

Staff may use personal computers/devices to access personally identifiable information (PII) only if connecting through approved secure network connections. This includes staff login to WorkInTexas.com.

Personally owned computers must not be used to download, save, store, or host PII. Use of a personally owned computer through an authorized method of connecting to TWC computer such as Microsoft 365 is permissible. Screenshots or other local storage of PII is forbidden.

Q: Staff members at the Boards need to work remotely. Can we use logmein.com or gotomypc.com for secure remote access? If not, what do we need to use?

A. Staff members working at Boards or in Workforce Solutions Offices must use the secure remote access tools provided by their respective offices for teleworking. Using free versions of these tools, which may be available on the web, is not recommended. Some of them have inherent security vulnerabilities when they are downloaded and installed “as is” and require the organization’s IT/Cybersecurity staff to configure them properly so that staff members can remotely access work PCs, applications, and data.

Q. Staff needs internet access at home or at an alternate location, but MiFi’s are unavailable for purchase right now. What can I do?

A. All TWC-issued mobile phones are iPhones. TWC employees with agency-issued iPhones may use the hotspot feature. Local staff members must check with Board management to determine whether they have access to the hotspot feature for Board-issued iPhones and/or other devices. Individuals with personal iPhones or Androids might

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have this feature on their personal plans, but overages and charges might occur when using the feature.

Q: Is TWC prepared to forgive PII breaches resulting from staff teleworking using personal computers? Will TWC insure us against liability from customers if a PII breach occurs?

A: TWC understands that there are risks inherent with any staff having access to PII and that risk can increase when that same individual works off-site. TWC recognizes that the challenges related to telework may be unfamiliar to many employees. We expect that PII protocols will be maintained and Boards will continue to ensure that appropriate protections be in place for staff and customers.

WD Letter 02-18, issued March 23, 2018, and titled “Handling and Protection of Personally Identifiable Information and Other Sensitive Information” and related local policies and procedures must be followed.

The Workforce System of Texas (TWIST)

Q: What reason would be used for Choices, NCP, and SNAP E&T participants in TWIST when granting Good Cause or a temporary interruption?

A: For customers who have been granted Good Cause due to COVID-19, one of the following reasons should be used to document the action in TWIST:

3 – Family crisis/change in individual circumstanceso Customer is on a lockdown order but is not sick.o Customer is caring for a family member due to school closure or illness.

1 – Temporary illnesso Customer reports demonstrating symptoms.

Q: Will data entry deadlines be adjusted?

A: Data entry deadlines have not changed. Monthly data entry deadline dates are listed in WD 18-19, issued August 9, 2019, and titled “Workforce Automated Systems Data Entry Deadlines for Board Contract Year 2020.”

(Interim ETPS) Interim Eligible Training Provider System

Q: What should Boards do if a local training program that was being taught in a classroom has moved to an online, or combination of online and in-person, delivery format?

A: The Eligible Training Provider (ETP) team at TWC has created a Format Update tool, provided to local Board ETP contacts, which Boards should use to report program format changes.

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Q: If an ETP has shifted a program to online, or distance learning, can we send students to that program before the information has been updated on the statewide Eligible Training Provider List (ETPL)? What if the school is a proprietary school?

A: Yes. In most cases, once a program is determined eligible, it will be included on the statewide ETPL until the next eligibility period, regardless of changes made to the program. Boards must submit training program format changes to TWC’s ETP Help Desk using the Format Update Tool. Format changes for approved programs will be accepted without review. ETP staff is working to update the statewide ETPL frequently to ensure the most accurate information is available to Texas students.

Once a format change for an approved program has been submitted, the program may be funded using ITAs, even if the statewide ETPL has not been updated to reflect the format change.

For proprietary schools, TWC’s Career Schools and Colleges (CSC) is approving 30-day modality (delivery format) changes. Proprietary schools must notify their CSC representative of the temporary change, and additional extensions if required. After the COVID-19 disaster is over, all proprietary schools and programs are expected to return to normal operations.

Q: A WIOA participant is enrolled in a training program that has transitioned from in-person classes to online only. The participant now requires a laptop and WiFi in order to continue with training services. May we use grant funds to pay for the laptop and WiFi necessary for her to continue in training?

A: Under the temporary distance learning circumstances created by the COVID-19 pandemic, purchasing a laptop would be a permissible support service if the laptop purchase is necessary to enable the participant to continue participating in the training under that grant award, and the assistance conforms to the Board’s local support services policy. If purchasing a laptop, the specifications must be reasonable for the intended use. Document the rationale for the cost in the purchase documentation. Rationale for a purchase is especially important if the useful life of the device will outlive the time that the participant is planned to participate in program activities that necessitate use of the device. A policy for recovering the device is recommended if the participant stops participating within a specified period of time of receiving the device.

Alternatives to a purchase should be considered where practicable and where doing so would provide for a more economical solution for the grant award. Alternatives might include, for example, loan of a laptop or assignment of a laptop that was donated by an outside party.

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

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A: TWC is researching this question. WIOA does not allow waiver of eligibility requirements for providers or participants. WIOA ETP rules do allow Boards to use training contracts for WIOA Adults and DWs outside of the statewide ETPL and Individual Training Account (ITA) systems. Specific guidance is provided in WD Letter 14-19, Change 1.

Q: While Executive Order GA-16 is active, are any career schools or colleges allowed to be open at this time?

A: Governor Abbott’s Executive Order GA-16 states that “schools shall remain temporarily closed to in-person classroom attendance by students and shall not recommence before the end of the 2019–2020 school year… Private schools and institutions of higher education should establish similar terms to allow teachers and staff to return to schools to conduct remote video instruction and perform administrative duties when it is not possible to do so remotely from home.”

TWC is not able to provide legal advisement or interpretation of any orders issued by the governor. Owners of each career school or college must understand which laws affect them and how they must modify their operations to ensure compliance.

TWC will continue to regulate schools in accordance with applicable statutes and rule.

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