(a) The Agency shall not include out-of-state providers without any physical training locations in Texas on the statewide ETPL.     
      (b) The Agency may allow Boards to fund out-of-state programs through ITAs when the following conditions are met:      
        (1) The training program is included on an ETPL in another state or US territory at the time of student enrollment;       
        (2) The training program is aligned with a local target occupation, or target occupation in an area to which the participant is willing to commute or relocate, provided that such location is in Texas;       
        (3) The training program provides performance information, in such a manner as determined by the Agency, that demonstrates the program meets or exceeds any Commission-established minimum performance standards;       
        (4) The training program has an existing partnership with a local employer in the workforce area, as documented by a letter of support or existence of an employer advisory committee;       
        (5) The Board has submitted such required information for the out-of-state program in such manner determined by the Agency;       
        (6) The Agency executive director has reviewed and approved the out-of-state program for ITA eligibility;       
        (7) The out-of-state provider and related programs meet ETP eligibility requirements in accordance with Subchapter B of this chapter (relating to Training Provider Eligibility);       
        (8) Other conditions as required by the Agency; and       
        (9) Board policy exists that sufficiently addresses such requirements described in this section.       
      (c) A Board may fund out-of-state training programs through training contracts in accordance with §840.61 of this subchapter (relating to Individual Training Accounts).     
     Source Note:        The provisions of this §840.64 adopted to be effective January 4, 2021, 46 TexReg 195