Section 800.77 - Reallocation of Funds(a) Reallocation. A workforce area may be eligible for reallocation of the following funds allocated by the Commission: (1) Child care (including unmatched federal child care funds that are contingent upon a workforce area securing local funds)(b) Eligibility. (1) For a workforce area to be eligible for a reallocation of child care funds (excluding unmatched federal funds that are contingent upon a workforce area securing local funds), and the funds set forth in subsection (a)(2) - (5) of this section, the Commission may consider whether a workforce area:(A) has met targeted expenditure levels as required by § 800.74(a) of this subchapter, as applicable, for that period;(B) has not expended or obligated more than 100 percent of the workforce area's allocation for the category of funding;(C) has demonstrated that expenditures conform to cost category limits for funding;(D) has demonstrated the need for and ability to use additional funds;(E) has an established plan for working with at least one of the governor's industry clusters, as specified in the local Board plan;(F) is current on expenditure reporting;(G) is current with all single audit requirements; and(H) is not under sanction.(2) For a workforce area to be eligible for a reallocation of unmatched federal child care funds that are contingent upon a workforce area securing local funds, the Commission may consider:(A) whether a workforce area has met the level for securing and completing local match requirements set out in § 800.73(a) of this subchapter; and(B) the applicable factors listed in paragraph (1) of this subsection, including factors in paragraph (1)(B) - (H) of this subsection.(c) The Commission may reallocate funds to an eligible workforce area based on the applicable method of allocation, as set forth in this subchapter, and may modify the amount to be reallocated by considering the following:(1) the amount specified in a workforce area's written request for additional funds;(2) the amount available for reallocation versus the total dollar amount of requests;(3) the demonstrated ability of a workforce area to effectively expend funds to address the need for services in the workforce area;(4) the extent to which the project supports activities related to the governor's industry clusters;(5) the workforce area's performance during the current and prior program year; and(6) related factors, as necessary, to ensure that funds are fully used.(d) To the extent this section is found not to comply with federal requirements, or should any related federal waivers expire, the Commission will be subject to federal requirements in effect, as applicable.40 Tex. Admin. Code § 800.77
The provisions of this §800.77 adopted to be effective September 14, 2009, 34 TexReg 6341; amended to be effective February 7, 2011, 36 TexReg 592; Amended by Texas Register, Volume 49, Number 40, October 4, 2024, TexReg 8174, eff. 10/7/2024