(a) Pursuant to the State Employees Training Act, Section 656 of the Texas Government Code, the board may provide training and educational programs for its administrators and employees as a part of staff development and continuing education. These programs shall be offered in order for the staff to keep abreast of changes in technologies, legal developments, human resource issues, and to further enhance the employees' knowledge, skills, and abilities, and to provide continuing professional competency education for the engineering staff members.

(b) Employees may be approved to attend workshops, seminars, conferences, and other special programs or activities that directly benefit the employee and the agency. The approval decision shall be made in advance and shall be at the discretion of the executive director. Any membership fees, dues, and travel associated with an employee's attendance at these functions shall be paid for by the board as long as there is a direct benefit to the board and the activity is part of the agency's official business.

(1) tuition, including correspondence courses that fulfill degree, professional or General Equivalence Diploma (GED) program plan requirements;

(2) degree plan pertinent College Level Equivalency Program examinations if the employee receives college credit or waiver of course requirements;

(3) degree plan pertinent Life Experience Assessments if the employee receives college credit; and

(4) required fees, including lab fees, and books.

(d) Financial assistance granted under this program shall not exceed $1500 per fiscal year per employee.

(e) To be eligible for consideration for training and education assistance, an employee must:

(1) be in good standing with the board;

(2) meet and continue to meet all performance expectations;

(3) have at least 12 months of service with the board or state; and

(4) seek enrollment and participation in a field of study that relates to assigned or prospective job duties, a professional development requirement, a GED program or a higher education degree plan.

(f) To maintain eligibility in a degree program, an employee must be enrolled in an institution of higher education in a course of instruction leading toward a degree and maintain a passing grade point average.

(g) To maintain eligibility in a GED program an employee must be enrolled each semester in a GED program and maintain a passing grade point average.

(h) The employee must attend and satisfactorily complete the education and training, including passing tests or other types of performance measures where required.

(i) Each semester an employee must provide grade reports to verify that full credit was received for courses taken.

(j) An employee must provide fee receipts for courses to be taken and must promptly report outside funds such as grants, scholarships or other financial aid received. The executive director may adjust the assistance provided to the employee at any time for any reason.

(k) Any employee who has received assistance under this program shall repay the entire amount of the assistance received if the employee voluntarily leaves the board's employ within six months of concluding an educational program for which assistance was granted.

(l) The executive director may require a written agreement between the board and the employee describing the terms and conditions of the education or training assistance to be provided by the board. The board may impose such terms and conditions as may be reasonable and appropriate, including but not limited to, specifying the circumstances under which the assistance may be terminated and the employee may be required to repay the amount of assistance.

(m) The executive director will reconsider each employee's participation in the Education Assistance Program each semester.

(n) Assistance may be terminated and the employee may be required to repay all funds received from the institution if the employee:

(1) withdraws from the institution;

(2) is removed or prohibited from attending the institution;

(3) fails to comply with one or more terms of the assistance agreement, including but not limited to, additional terms concerning termination and repayment of assistance; or

(4) is terminated by the board during the duration of the assistance agreement.

(o) The board may pay the license fees of employees who are required to provide services as part of their duty assignments. The board will not pay for driver's license fees or other license fees where the license can be considered a basic personal resource.

Source Note: The provisions of this §131.35 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10162; amended to be effective September 29, 2013, 38 TexReg 6203