(a) Training contracts may be used to fund training programs, listed in this section, for participants instead of ITAs.
(b) Boards shall provide participants with access to the statewide ETPL and training contracts as applicable to ensure consumer choice.
(c) When the Local Plan describes the process to be used in selecting providers under such contract, a Board may contract with training programs under the following circumstances:
  (1) The training program is an OJT, customized training, incumbent worker training, or transitional jobs training; or
  (2) The Board determines that:
    (A) there is an insufficient number of ETPs in the workforce area to accomplish the purposes of a system of ITAs;
    (B) there is a training program with demonstrated effectiveness offered in Board area by a community-based organization or other private organization to serve individuals with barriers to employment;
    (C) it would be most appropriate to award a contract to an institution of higher education or other provider of training services to facilitate the training of multiple individuals in one or more in-demand industry sectors or occupations; or
    (D) the Board enters into a pay-for-performance contract for training services.
  (3) When funded through contracts, training programs listed in subsection (b) of this section shall be considered exempt from the information and performance requirements required by this chapter.
  (4) Training programs listed in this subchapter that request access to the statewide ETPL must comply with licensure and eligibility requirements described in this chapter for such inclusion.

Source Note: The provisions of this §840.62 adopted to be effective January 4, 2021, 46 TexReg 195