1. (a) Eligibility.

   1. (1) Any institution of higher education or private or independent institution of higher education, as the terms are defined by §22.1 of this chapter (relating to Definitions), is eligible to participate in the Program and/or the Mentorship Program.
   2. (2) No institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.
   3. (3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.
   4. (4) Private or independent institutions of higher education offering only professional or graduate degrees are not eligible to participate in the Mentorship Program.

2. (b) Approval.

   1. (1) Agreement. Each approved institution must enter into an agreement with the Coordinating Board, the terms of which shall be prescribed by the Commissioner.
   2. (2) Approval Deadline. An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to be employed in a work-study position in the following fiscal year.

3. (c) To participate in the Program as an employer, an institution must:

   1. (1) provide part-time employment to an eligible student in nonpartisan and nonsectarian activities;
   2. (2) provide, insofar as is practicable, employment to an eligible student that is related to the student's academic interests;
   3. (3) use Program positions only to supplement and not to supplant positions normally filled by persons not eligible to participate in the work-study program; and
   4. (4) provide not less than 25 percent of an employed student's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Program requirement to provide 25 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.

4. (d) To participate in the Mentorship Program as an employer, an institution must:

   1. (1) file with the Coordinating Board a memorandum of understanding detailing the roles and responsibilities of each participating entity; and
   2. (2) provide not less than 10 percent of an employed mentor's wages and 100 percent of other employee benefits for the employed student from sources other than federal college work-study program funds. Institutions eligible to receive Title III funds from the U. S. Department of Education are exempted from the Mentorship Program requirement to provide 10 percent of an employed student's wages, if they provide the Board with a copy of a current Title III eligibility letter from the U. S. Department of Education.
5. (e) Publicizing Work-Study Employment Opportunities. Institutions participating in the Program must establish and maintain an online list of work-study employment opportunities available on campus, sorted by department as appropriate, and ensure that the list is easily accessible to the public and prominently displayed on the institution's website.

Source Note:The provisions of this §22.129 adopted to be effective August 16, 2004, 29 TexReg 7977; amended to be effective November 28, 2005, 30 TexReg 7857; amended to be effective February 22, 2016, 41 TexReg 1231; amended to be effective May 22, 2017, 42 TexReg 2719; transferred effective June 1, 2017, as published in the Texas Register May 19, 2017, 42 TexReg 2739; amended to be effective August 22, 2019, 44 TexReg 4312; amended to be effective August 3, 2020, 45 TexReg 5340; amended to be effective May 15, 2025, 50 TexReg 762.