COVID-19 RECOVERY Q&ATexas Workforce CommissionWorkforce Development Division

Questions and Responses Beginning May 2020

Updated April 2, 2021

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

https://twc.texas.gov/files/partners/covid-19-recovery-qa-twc.docx

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

Information Technology.............................................................................................................................7

Programs.....................................................................................................................................................8

General....................................................................................................................................................8

Choices Non-Custodial Parents (NCP)......................................................................................................8

Statewide Skills Enhancement Initiative................................................................................................10

Supplemental Nutrition Assistance Program—Employment & Training (SNAP E&T)............................16

Trade Adjustment Act (TAA)..................................................................................................................16

Unemployment Benefits & RESEA.........................................................................................................17

WIOA Adults & Dislocated Workers.......................................................................................................20

UPDATE: April 2, 2021.......................................................................................................................20

WIOA Youth...........................................................................................................................................22

Workforce Systems...................................................................................................................................24

(Interim ETPS) Interim Eligible Training Provider System......................................................................24

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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: TWC provided Boards with the list of vendors that TWC uses on December 8, 2020.

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: Are Boards allowed to use Employment Service (ES) funding to order PPE for the Workforce Solutions Offices? 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.

Consistent with the terms of the ES operating grant and the “allocable costs” cost principle, 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

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:

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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: 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

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quantity needed. A statement such as, “Estimate of COVID-19-related customer 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.

Q: Can Boards refuse to provide services to customers who arrive at local Workforce Solutions Offices without face coverings?

A: Governor Abbott issued Executive Order GA-34 on March 2, 2021, rescinding several executive orders, including GA-29, which mandated that face coverings be worn with limited exceptions. GA-34 does not prohibit “businesses or other establishments from requiring employees or customers to follow additional hygiene measures, including the wearing of a face covering.”

Boards may restrict physical access to individuals who do not comply with locally developed or Board-adopted hygiene measures, including the wearing of a face covering. Boards may offer face masks, if available, to individuals who do not have their own in order to be admitted to a Workforce Solutions Office. Boards must offer available remote service options to eligible individuals who are not permitted physical access to services.

Q: If Workforce Solutions Offices temporarily close to in-person services, is the Board required to inform TWC?

A: Yes. If a Board temporarily closes an office it must notify Shunta Williams. TWC will update the COVID-19 Office Updates list following notification.

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Boards must post information related to office closures in a manner accessible to the public, for example: at affected Workforce Solutions Offices; on Board websites; and on social media outlets managed by the Board, if applicable.

Q: Must paid time off be provided for staff exposed to individuals testing positive for COVID-19 or showing symptoms of such exposure?

A: Employees working for Board contractors will have their Family Medical Leave Act (FMLA) eligibility determined by the contractor. Employee leave will be administered under the contractors’ policies. The funding component of such employees’ pay will not change; if they are on paid time, the source of the payment will not change. TWC will determine FMLA or Emergency leave eligibility for TWC employees.

Q: Some ES staff members were trained to answer selected unemployment insurance (UI) questions from customers. Are Boards able to charge this time to UI?

A: Regarding the increased volume of claimant calls with claims-related questions that staff could be trained to answer, we provided additional UI training to some of the ES staff members who volunteered last year. With training on 10 common UI questions—beyond administrative requests such as password or PIN resets—staff members are able to respond quickly to issues that would otherwise be redirected back to the UI Tele-Center.

Because this represents a significant commitment of time, staff time spent on this activity will be charged to UI by staff exception-keying to UI in the Comprehensive Human Resources and Payroll System (CHAPS). As discussed previously, we know this will require staff time, and we encourage ES staff to exception-key while also asking you to monitor the number of hours keyed to ensure that the amount reflects only time spent on claims-related activities. UI funds are limited, so we have a shared interest in the hours keyed agreeing with the hours of assistance provided.

Integrated Service Area Managers (ISAMs) staff will provide the appropriate CHAPS project code to ES staff members who are assisting UI claimants. The same staff members are also required to enter these services in WorkInTexas.com (WIT) as Service Code A17–(37) Basic UI Claim Info. TWC staff will review the CHAPS totals and WIT service reports as they are received to review the demand on staff time and the services provided, and on or before May 1, we will talk with Boards about next steps. Please keep us informed of any concerns as they arise.

The following are examples of services topics that staff members have been trained to answer questions about and are expected to both record in WIT and exception-key time spent to UI:

1. Payment of claim 2. Status of appeal

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3. Status of 1099G4. Reporting of or status of overpayments 5. Verification of ID questions (ID.me)

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.

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. 

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Programs

General

Q: If a Board is not able to obtain physical signatures from customers, may Boards use email submission of documents from customers in place of their signature on these documents? What are acceptable alternatives to a physical signature?

A: Boards must review the ability to send and/or receive digital signatures using technology acceptable under 1 Texas Administrative Code (TAC) 203, Subchapter B. Electronic signature applications, such as DocuSign and Adobe E-signature, comply with state law. Until a Board is able to obtain physical signatures—or has access to digital signature tools—an email or text exchange between staff members and customers containing the following will be acceptable:

Explanation of document details Request for acknowledgment Customer agreement

Documentation must be included in participant case files in accordance with existing guidance. Boards must ensure that once the collection of signatures (physical or digital) is available, applicable documents are updated with such signatures for all active participants.

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 (WIT)?

A: Yes. During the pandemic, if staff members are unable to review physical documents, copies of such documents may be accepted. WIT allows customers and staff to upload and download documents directly into customer accounts. Staff may use this function to collect required documentation. Additionally, WIT provides Boards with a secure method for transmitting and receiving documents that require a customer’s signature. (In WIT, see Assist Individual > Individual Profiles > Personal Profile > Documents.)

Note: Staff must discourage customers from sending personally identifiable information (PII) through unsecure methods, such as unencrypted emails. Any communication methods used must comply with guidance provided in WD Letter 02-18 , issued on March 23, 2018, and titled “Handling and Protection of Personally Identifiable Information and Other Sensitive Information.”

Choices Non-Custodial Parents (NCP)

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?

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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.

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).

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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.

Statewide Skills Enhancement Initiative

Q: The Statewide Skills Enhancement Initiative 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 services. May Boards define short-term trainings as career services in order to use options other than an Eligible Training Provider (ETP) program?

A: Career and Training Services are defined in Workforce Innovation and Opportunity Act (WIOA) §134(c)(2) and (3); 20 CFR 680, Subparts A and B; and TWC’s WIOA Guidelines. For adult and dislocated worker (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, on-the-job-training (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 Initiative 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, and/or other public resources if they do not have personal computers or internet access.

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Q: If a customer uses the career services available through the Statewide Skills Enhancement Initiative and then requires specific occupational training, may Boards enroll the customer into a program for training services?

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

Q: For participants enrolled in the Statewide Skills Enhancement Initiative, is the expectation that if support services are required, the Board enrolls the participants 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 provides only support services to an individual in this project, the Board must enter TWIST Service 179 for tracking purposes.

Q: How will TWC notify claimants about the Statewide Skills Enhancement Initiative?  A:  TWC issued a press release about the Statewide Skills Enhancement Initiative on June 19, 2020.  Claimants who are interested in signing up for online courses may email TWC at skillsenhancement@twc.texas.gov. TWC will work with our vendors, Metrix and Coursera, to send email invitations to those who express interest and to all claimants about how to enroll. Other outreach methods may include sending messages through UI system correspondence and the WorkInTexas.com (WIT) internal messaging system, providing information to customers through the Workforce Call Center, and doing broader messaging through TWC’s website and social media platforms.

 Q: How will claimants enroll in courses? 

 A: At TWC’s direction, Metrix will send an email invitation to all claimants. This email invitation will include a link to sign up for an electronic learning license through the vendors’ online platforms. Metrix is integrated with WorkInTexas.com (WIT). Any customers already registered in WIT may sign up for Metrix with one click through the portal on the Online Learning Resources page in WIT. All necessary data to create an account are automatically pulled from the WIT database so customers may get started immediately. All courses and training hours completed are captured for reporting purposes.

 Q: Will Boards be able to access information about claimants who enroll in and take courses through the online platforms?

 

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A: Yes. TWC will work with Metrix to provide Boards with reports on claimants who enroll in and complete coursework in each Board’s respective workforce area.  Board staff and contractors will be able to see all courses and training hours completed in an individual’s WIT profile. 

Q: Is there a limitation on how many courses a customer may take? 

A: No. Q: Will there be a TWC help desk for customers to call regarding login or password issues? 

A:  Customer support is available through online help articles and self-service password-reset functions. Metrix also provides customer support by email and telephone during business hours, and the company offers weekly webinars. TWC has staff available to help customers with the online skills enhancement platforms, as necessary.

 Q: What is the length of this project? 

A: The Metrix contract is for one year.  Q: For how long may customers take courses? 

 A:  In Metrix, a license grants a customer access to courses for 180 days. This access begins when the customer receives a subscription confirmation. At the end of the license period, the customer’s account data are preserved, but the customer will not be able to launch courses. 

Q: Will UI claimants have to complete WIT registration before they receive this training? 

A: To access Metrix coursework, claimants must be registered in WIT, but they will not need to have a complete registration. The Workforce Call Center will prioritize helping these claimants complete their WIT registration after they sign up for coursework.

 Q: Will the training be available only for UI claimants, or will it be available for all customers using Workforce Solutions Office services?  

A: The online skills enhancement platforms are intended primarily for claimants. TWC will provide outreach to claimants to invite them to enroll in Metrix. However, all WIT users may access Metrix through the Online Learning Resources page in WIT.

 Q: What courses are offered through this initiative?  

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A: Information about course offerings from Metrix is available at http://metrixlearning.com/catalog-search.cfm.

Q: How will Metrix invitation emails be sent to claimants? 

A: Individuals will receive an email from Support@MetrixLearning.com with the subject line “Upgrade Your Skills with the Texas Workforce Commission” inviting them to enroll in Metrix Learning courses.

Q: In what languages are Metrix education courses available?

A: Metrix provides courses in English, Spanish, and Mandarin.

Q: What are the preferred browsers for Metrix? Is Metrix compatible with tablets and mobile phones?

A: Metrix is optimized to work best with Internet Explorer, Microsoft Edge, and Safari. Although it functions with other browsers, some features or content could be negatively affected. Many courses are compatible with smart phones or tablets, although tablets are recommended for the larger screen size. The course catalog shows a small phone icon beside courses that are mobile ready. Click on Technical Requirements at the bottom of your administrator dashboard for more details.

Q: May Boards direct job seekers to the Metrix landing page to self-register?

A: Currently, TWC will outreach individuals selected to participate in Metrix courses.

Q: Will individuals who are registered in WIT have access to the Metrix system, even if they are not unemployment recipients?

A: Currently, TWC is focusing on unemployment recipients to participate in this project.

Q: Will there be a cost associated with certifications available in the Metrix system?

A: Metrix course content is available at no charge to TWC-designated users. Some content aligns with Industry Certification Tracks. These certification tracks contain groups of courses that may help prepare an individual for industry certification. In order to gain an industry certification, the individual must take an exam at a proctored testing center. Fees associated with exams or related materials are not included with the Metrix license.

Q: Are prerequisites shown for courses? For example, if a youth enrolls in a Metrix program with a certification that requires high school equivalency (HSE), will the individual see this requirement before enrollment?

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A: The Metrix system does not identify prerequisites, such as HSE or work experience, for courses. Users have access to all available courses.

Q: Where are the testing sites for certifications? May Boards search by ZIP code for these proctoring sites?

A: Testing locations are based on the certification track. Boards may access industry-recognized certification providers’ websites through Metrix to determine testing locations for specific certifications.

Q: Are these education courses available to Board staff? Contractor staff? Employed individuals?

A: No. Currently, TWC is focusing registration efforts on individuals receiving UI benefits during the COVID-19 pandemic.

Q: Will completing Metrix education courses have any effect on Credential Rate or Measurable Skill Gains (MSGs)?

A: No.

Q: For customers who pay for the certification testing through Metrix, will Boards be able to count receipt of the certification as a recognized postsecondary credential?

A: No. Metrix courses are not training services.

Q: Will course completion (including passing professional certification tests) be available to validate credentials for participants?

A: No. Metrix courses are not training services. Completing courses in Metrix does not trigger a service in TWIST or WIT. For a Board to record credential attainment for a Metrix user, that individual would need to be enrolled as a participant in a program using local funds, such as WIOA Dislocated Worker funds. The individual would need to meet eligibility for the program as well as eligibility for training services. Training services must be provided, and the participant must receive a credential before program exit or within four quarters following exit.

Q: How many administrators will Boards be allowed? When will Board administrators have access?

A: TWC has requested that each Board submit two staff members to be granted administrator access to Metrix. A Board may request additional staff members if necessary.

Q: Will Metrix have support available for Board administrators?

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A: Yes. There are many ways to get support for the Metrix Learning system: Go to the Help section at the top of the Metrix page and view Tutorials or User

FAQ. Download the Administrator Guide and Technical Requirements documents from

the buttons at the bottom of the administrator dashboard. Email Metrix staff at Support@MetrixLearning.com. Call the Metrix support line at (518) 462-1780 (toll free 1-844-691-1780). Under

TWC’s contract with Metrix, the support line is open Monday through Friday from 8:00 a.m. to 6:00 p.m. CST.

Metrix also hosts frequent Q&A session webinars for all users. Once the user has logged in, notices are shown at the top of the page for users and administrators.

Additionally, TWC has staff available to assist Board administrators with questions related to this project.

Q: Will Board administrators have access to message individuals directly through the Metrix system, for example, to encourage course completion?

A: There is no direct messaging function in the Metrix system.

Q: Will Board administrators be able to run completion reports? If customers have completed courses that allow for professional certifications, may Boards enroll those individuals as participants in order to pay the testing fee?

A: There are three levels of administrative access available in Metrix. These are: Organization Admin (TWC Staff) - can view, add/edit users, assign courses,

statewide reports access Manager - add/edit users, assign courses, reports for users within group (ZIP

codes within the WDA) Reports - reports for their group

Boards users are being provided Reports access at this time.

All administrative users have access to several reports in the Administration > Reports section. The Credential Status Report will allow administrators to view course status, including completions for users. The Certification User Detail report allows administrators to view the status for individuals in courses that lead to industry-recognized certifications.

Q: Will detail reports for administrators include Social Security number, age, race, and other demographic information?

A: Administrators may access the User Registration Detail Report. This report provides information on Metrix users, which includes some demographic data answered by the user during registration. These data include age, gender, veteran status, ethnicity, and disability status. Social Security numbers are not tracked in the Metrix system.

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Supplemental Nutrition Assistance Program—Employment & Training (SNAP E&T)

Q: How does staff submit a good cause request related to COVID-19?

A: When providing a good cause recommendation to HHSC related to COVID-19, staff must use the good cause code of “Other” and complete an H1816 form. This allows HHSC to track the COVID-19 reason for federal reporting.

In the comment box of the H1816 form, staff must start the comment with the word “COVID-19” and then give the reason. Example: “COVID-19 – Customer exposed to COVID and in quarantine”HHSC will approve all pandemic-related good cause recommendations.

Q: When staff receives a good cause approval through the HHSC/TWC interface on a SNAP E&T Penalty action, what steps does staff need to take?

A: When the good cause reason has been resolved, the customer can resume participation. If the good cause reason has not been resolved, such as a pandemic-related reason, and all available resources to remedy the situation have been considered, the case will be closed and the customer will be outreached again when he or she reenters the outreach pool.

Q: May staff grant a temporary interruption for COVID-19 reasons?

A: Mandatory participants who have a pandemic-related reason not to participate in activities may be granted a temporary interruption while in compliance and be granted good cause by HHSC when in noncompliance. (See A-400 of the SNAP E&T Guide.)

Trade Adjustment Act (TAA)

Q: TAA requires participant coenrollment with the WIOA DW program. Will Boards still be required to coenroll participants during the pandemic?

A: Yes. TAA participant coenrollment with WIOA DW is required. Coenrollment allows trade-affected workers to benefit from the case management and support services available to WIOA participants. Staff must ensure that TAA participants are coenrolled in WIOA using WIOA expedited eligibility. Furthermore, staff must ensure that a qualifying service is provided to the TAA participant monthly under each of the fund codes in order to maintain the customer in coenrollment status.

Unemployment Benefits & RESEA

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Q: Many claimants who have their benefits placed on hold after missing their initial RESEA orientations are unable to contact the UI Tele-Center to confirm the completion of a subsequently rescheduled orientation. If claimants contact local Workforce Solutions Offices for assistance, what can be done?

A: If an RESEA claimant contacts a local Workforce Solutions Office for assistance to report completion of a rescheduled RESEA orientation to UI during the COVID-19 pandemic, local staff must use the WF-42, available on the intranet at https://intra.twc.texas.gov/intranet/gl/docs/wf-42.docx, to report the completion.Staff must select the RESEA checkbox and enter the following statement into the Comments section: “Rescheduled orientation completed on [date]. Unable to contact Tele-Center to report.” The WF-42 must be completed and submitted in accordance with local procedures in place and in a manner that protects PII.

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

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: Have work search requirements for claimants been reinstated?

A: On March 17, 2020, TWC, exercising its authority under Governor Abbott’s statewide disaster declaration, waived unemployment claimant work search requirements statewide. On October 13, 2020, TWC announced that work search requirements for all claimants will be reinstated on November 1, 2020.

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As of November 1, 2020, to remain eligible for unemployment benefits, claimants are required to: register in WorkInTexas.com; search for work according to TWC guidelines and make at least the minimum number

of work search activities each week; use reemployment services and resources available virtually at their nearest

Workforce Solutions Office; and keep a work search log and provide TWC with the work search log upon request; and

apply for and accept suitable full-time work.

The statewide work search requirements have been reinstated to a maximum of three work search activities per week.

TWC is currently providing Boards the flexibility to establish minimum work search requirements for UI claimants less than the statewide maximum, including zero. When setting a work search requirement of fewer than three weekly searches, a Board must notify UI and report what the work search requirements are by county for their respective workforce areas.

TWC will continue to review the decision to provide this flexibility.

Q: Are there COVID-19–related exemptions that allow claimants to refuse suitable work?

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.

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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 receive 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 weekly wage amount, the payments will be adjusted accordingly. This applies to DUA and PEUC payments as well as standard unemployment claims.

Q: Have all RESEA requirements resumed?

A: Yes. Boards must be aware of the following:

RESEA Outreach Pools must be cleared weekly. Any counties with work search requirements set to zero will not profile claimants for

RESEA.*

DOL has established a deadline of December 31, 2020, by which Boards must spend their Program Year 2020 (PY’20) RESEA funding.

DOL expects all RESEA programs to be fully operational and serving customers, either in person or virtually, by March 1, 2021, or PY’21 funding will be pulled back.

*Staff members must regularly check all claimant outreach pools. For counties where work search is set to zero, Boards must be aware that some claimants may still appear in their outreach pool. Boards must ensure that any such claimants are outreached and provided appropriate services in accordance with the RESEA program.

Q: When a claimant is enrolled in the Statewide Skills Enhancement Initiative, will he or she be considered to be attending TWC-approved training?

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

Q: What type of flexibility are Boards allowed for RESEA service delivery?

A: As a result of the COVID-19 pandemic, DOL has provided states with additional flexibility in administering the RESEA program. Workforce Solutions Offices may provide all required RESEA services: in the Workforce Solutions Office; in a location other than a Workforce Solutions Office, such as a mobile unit, school, or

public library; remotely, using technology, such as Skype, Zoom, FaceTime, or another similar

product; or by phone.

Additionally, Boards may provide RESEA orientations using prerecorded webinars or self-paced presentations.

WIOA Adults & Dislocated Workers

UPDATE: April 2, 2021Q: Are Economic Impact Payments (EIPs) considered income for eligibility purposes?

A: No. The EIPs, authorized by the CARES Act in 2020 and extended by the American Rescue Plan Act of 2021, are categorized as tax credits and must not be included in income calculations for WIOA programs.

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 (expired July 25, 2020)

Q: Does the Commission definition of “substantial layoff” apply to local formula funds as well as the statewide Skills Enhancement Initiative?

A: Yes. On June 16, 2020, TWC’s three-member Commission adopted a definition of “substantial layoff” to include all individuals receiving UI benefits during the COVID-19 pandemic. This action ensures that all UI claimants are eligible as dislocated workers to

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receive WIOA-funded services, even those funded with local dislocated worker formula funds.

Boards using the “substantial layoff” option must document eligibility using one of the following document types: UI award letter UI screen – Current Claimant Status (CTCS).

Q: During the COVID-19 pandemic, may Boards accept expired Texas driver’s licenses (DLs) or state-issued IDs from a customer to determine eligibility if that customer is not able to renew his or her expired DL or ID?

A: Yes. Under limited circumstances, Boards may accept an expired Texas DL or ID card from a customer in order to complete an eligibility determination.

On March 18, 2020, the Texas Department of Public Safety (TxDPS) issued a Verification of Driver License Expiration Extension. This extension allows expired cards to be considered valid if the following conditions are met: The expiration date on the Texas DL or ID is on or after March 13, 2020. The current date is within 60 days of the end of the State Disaster Declaration relating

to the COVID-19 pandemic.

Boards may accept expired Texas DLs and IDs when the above conditions are met.

TWC strongly encourages Boards to: determine whether other documents are available which meet eligibility criteria.

Unexpired or non-expiring documents should be used whenever possible; encourage participants to renew expired documents as soon as they are able to do so.

This may include options to renew Texas DLs or IDs online at https://www.dps.texas.gov/DriverLicense/renewal.htm;

include a task in the participant’s Employability Development Plan (EDP) or Individual Service Strategy (ISS) requiring renewal of their Texas DL or ID within predetermined time frame; and

document in TWIST Counselor Notes reasons why the customer is unable to renew documents at the time of enrollment.

If a participant does not renew his or her Texas DL or ID within 60 days of the conclusion of the COVID-19 pandemic disaster, a Board must discontinue services to that participant.

WIOA Youth

Q: Youth participation requires that individuals receive in the following order: (1) an Objective Assessment, (2) an Individual Service Strategy (ISS), and (3) 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

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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.

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: TWC does not require that all Work Experience placements be at a physical work site. 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 in which 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.

Q: May a Board continue to pay Work Experience participants if their work site is shut down and work or training cannot be provided?

A: No. At the beginning of the pandemic, payments to Work Experience participants whose work site closed were allowable only if one of the following occurred before March 13, 2020: The participant began the Work Experience activity. The Work Experience terms were agreed upon for that participant.

Boards have had sufficient time to shift service strategies, and most participants are no longer working under the terms listed above. Boards may pay participants only for actual participation in a virtual, remote, or in-person Work Experience.

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

A: If alternative work options (such as telework) are available at the Work Experience 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 that 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 Work Experience payments to the youth. Open TWIST activities related to the Work Experience must be closed when payment is discontinued.

Q: If Work Experience is paused during a pandemic-related 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 only at-risk customers enrolled in Work Experience programs before the March 13, 2020, National Emergency Declaration.

Boards have had sufficient time to shift service strategies, and most participants are no longer working under the terms listed above. Boards may pay participants only for actual participation in a virtual, remote, or in-person Work Experience.

Workforce Systems(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?

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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) serviceso 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:

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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

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.

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