Collapse to view only § 3112. Unified State plan
§ 3111. State workforce development boards
(a) In general
(b) Membership
(1) In generalThe State board shall include—
(A) the Governor;
(B) a member of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which—
(i) a majority shall be representatives of businesses in the State, who—(I) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board described in section 3122(b)(2)(A)(i) of this title;(II) represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and(III) are appointed from among individuals nominated by State business organizations and business trade associations;
(ii) not less than 20 percent shall be representatives of the workforce within the State, who—(I) shall include representatives of labor organizations, who have been nominated by State labor federations;(II) shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State;(III) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and(IV) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and
(iii) the balance—(I) shall include representatives of government, who—(aa) shall include the lead State officials with primary responsibility for the core programs; and(bb) shall include chief elected officials (collectively representing both cities and counties, where appropriate); and(II) may include such other representatives and officials as the Governor may designate, such as—(aa) the State agency officials from agencies that are one-stop partners not specified in subclause (I) (including additional one-stop partners whose programs are covered by the State plan, if any);(bb) State agency officials responsible for economic development or juvenile justice programs in the State;(cc) individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 3221(b) of this title; and(dd) State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education.
(2) Diverse and distinct representation
(3) No representation of multiple categoriesNo person shall serve as a member for more than 1 of—
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii) or (iii) of paragraph (1)(C).
(c) Chairperson
(d) FunctionsThe State board shall assist the Governor in—
(1) the development, implementation, and modification of the State plan;
(2) consistent with paragraph (1), the review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the State to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system in the State, including the review and provision of comments on the State plans, if any, for programs and activities of one-stop partners that are not core programs;
(3) the development and continuous improvement of the workforce development system in the State, including—
(A) the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system;
(B) the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment;
(C) the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system;
(D) the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations;
(E) the identification of regions, including planning regions, for the purposes of section 3121(a) of this title, and the designation of local areas under section 3121 of this title, after consultation with local boards and chief elected officials;
(F) the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and
(G) the development of strategies to support staff training and awareness across programs supported under the workforce development system;
(4) the development and updating of comprehensive State performance accountability measures, including State adjusted levels of performance, to assess the effectiveness of the core programs in the State as required under section 3141(b) of this title;
(5) the identification and dissemination of information on best practices, including best practices for—
(A) the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment;
(B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and
(C) effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual’s prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways;
(6) the development and review of statewide policies affecting the coordinated provision of services through the State’s one-stop delivery system described in section 3151(e) of this title, including the development of—
(A) objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center infrastructure funds under section 3151(h) of this title; and
(C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system;
(7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to—
(A) enhance digital literacy skills (as defined in section 9101 of title 20; referred to in this Act as “digital literacy skills”);
(B) accelerate the acquisition of skills and recognized postsecondary credentials by participants;
(C) strengthen the professional development of providers and workforce professionals; and
(D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas;
(8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs);
(9) the development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under sections 3163(b)(3) and 3173(b)(3) of this title;
(10) the preparation of the annual reports described in paragraphs (1) and (2) of section 3141(d) of this title;
(11) the development of the statewide workforce and labor market information system described in section 49l–2(e) of this title; and
(12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State.
(e) Alternative entity
(1) In generalFor the purposes of complying with subsections (a), (b), and (c), a State may use any State entity (including a State council, State workforce development board (within the meaning of the Workforce Investment Act of 1998, as in effect on the day before July 22, 2014), combination of regional workforce development boards, or similar entity) that—
(A) was in existence on the day before August 7, 1998;
(B) is substantially similar to the State board described in subsections (a) through (c); and
(C) includes representatives of business in the State and representatives of labor organizations in the State.
(2) References
(f) Conflict of interestA member of a State board may not—
(1) vote on a matter under consideration by the State board—
(A) regarding the provision of services by such member (or by an entity that such member represents); or
(B) that would provide direct financial benefit to such member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
(g) Sunshine provision
(h) Authority to hire staff
(1) In general
(2) Qualifications
(3) Limitation on rate
(Pub. L. 113–128, title I, § 101, July 22, 2014, 128 Stat. 1440.)
§ 3112. Unified State plan
(a) Plan
(b) Contents
(1) Strategic planning elementsThe unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include—
(A) an analysis of the economic conditions in the State, including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers, including a description of the knowledge, skills, and abilities, needed in those industries and occupations;
(B) an analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities), in the State;
(C) an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such activities, and the capacity of State entities to provide such activities, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State;
(D) a description of the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 3141(b)(2)(A) of this title, in order to support economic growth and economic self-sufficiency, and of how the State will assess the overall effectiveness of the workforce investment system in the State; and
(E) taking into account analyses described in subparagraphs (A) through (C), a strategy for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (D).
(2) Operational planning elements
(A) In general
(B) Implementation of State strategyThe unified State plan shall describe how the lead State agency with responsibility for the administration of a core program will implement the strategy described in paragraph (1)(E), including a description of—
(i) the activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies;
(ii) how the activities described in clause (i) will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the plan, as appropriate, assuring coordination of, and avoiding duplication among, the activities referred to in this clause;
(iii) how the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services including supportive services, to individuals;
(iv) how the State’s strategy will engage the State’s community colleges and area career and technical education schools as partners in the workforce development system and enable the State to leverage other Federal, State, and local investments that have enhanced access to workforce development programs at those institutions;
(v) how the activities described in clause (i) will be coordinated with economic development strategies and activities in the State; and
(vi) how the State’s strategy will improve access to activities leading to a recognized postsecondary credential (including a credential that is an industry-recognized certificate or certification, portable, and stackable).
(C) State operating systems and policiesThe unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(E), including a description of—
(i) the State board, including the activities to assist members of the State board and the staff of such board in carrying out the functions of the State board effectively (but funds for such activities may not be used for long-distance travel expenses for training or development activities available locally or regionally);
(ii)(I) how the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs (analyzed by local area, or by provider), based on State performance accountability measures described in section 3141(b) of this title; and(II) how other one-stop partner programs will be assessed each year;
(iii) the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period;
(iv) the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions;
(v)(I) how the lead State agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education;(II) how such agencies will use the workforce development system to assess the progress of participants that are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and(III) the privacy safeguards incorporated in such system, including safeguards required by section 1232g of title 20 and other applicable Federal laws;
(vi) how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38;
(vii) how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 3248 of this title, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; and
(viii) such other operational planning elements as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for effective State operating systems and policies.
(D) Program-specific requirementsThe unified State plan shall include—
(i) with respect to activities carried out under part B, a description of—(I) State policies or guidance, for the statewide workforce development system and for use of State funds for workforce investment activities;(II) the local areas designated in the State, including the process used for designating local areas, and the process used for identifying any planning regions under section 3121(a) of this title, including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions;(III) the appeals process referred to in section 3121(b)(6) of this title, relating to designation of local areas;(IV) the appeals process referred to in section 3151(h)(2)(E) of this title, relating to determinations for infrastructure funding; and(V) with respect to youth workforce investment activities authorized in section 3164 of this title, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities and describing how the local boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program as described in section 3141(b)(2)(A)(ii) of this title in awarding such grants;
(ii) with respect to activities carried out under subchapter II, a description of—(I) how the eligible agency will, if applicable, align span standards for adult education with challenging State academic standards, as adopted under section 6311(b)(1) of title 20;(II) how the State will fund local activities using considerations specified in section 3321(e) of this title for—(aa) activities under section 3321(b) of this title;(bb) programs for corrections education under section 3305 of this title;(cc) programs for integrated English literacy and civics education under section 3333 of this title; and(dd) integrated education and training;(III) how the State will use the funds to carry out activities under section 3303 of this title;(IV) how the State will use the funds to carry out activities under section 3333 of this title;(V) how the eligible agency will assess the quality of providers of adult education and literacy activities under subchapter II and take actions to improve such quality, including providing the activities described in section 3303(a)(1)(B) of this title;
(iii) with respect to programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), the information described in section 101(a) of that Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific requirements for a program referenced in any of clauses (i) through (iii) or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) as the Secretary of Labor determines to be necessary to administer that program but cannot reasonably be applied across all such programs.
(E) AssurancesThe unified State plan shall include assurances—
(i) that the State has established a policy identifying circumstances that may present a conflict of interest for a State board or local board member, or the entity or class of officials that the member represents, and procedures to resolve such conflicts;
(ii) that the State has established a policy to provide to the public (including individuals with disabilities) access to meetings of State boards and local boards, and information regarding activities of State boards and local boards, such as data on board membership and minutes;
(iii)(I) that the lead State agencies with responsibility for the administration of core programs reviewed and commented on the appropriate operational planning elements of the unified State plan, and approved the elements as serving the needs of the populations served by such programs; and(II) that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by representatives of local boards and chief elected officials, businesses, labor organizations, institutions of higher education, other primary stakeholders, and the general public and that the unified State plan is available and accessible to the general public;
(iv) that the State has established, in accordance with section 3141(i) of this title, fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through allotments made for adult, dislocated worker, and youth programs to carry out workforce investment activities under subparts 2 and 3 of part B;
(v) that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act, including that the State will annually monitor local areas to ensure compliance and otherwise take appropriate action to secure compliance with the uniform administrative requirements under section 3244(a)(3) of this title;
(vi) that the State has taken the appropriate action to be in compliance with section 3248 of this title, if applicable;
(vii) that the Federal funds received to carry out a core program will not be expended for any purpose other than for activities authorized with respect to such funds under that core program;
(viii) that the eligible agency under subchapter II will—(I) expend the funds appropriated to carry out that subchapter only in a manner consistent with fiscal requirements under section 3331(a) of this title (regarding supplement and not supplant provisions); and(II) ensure that there is at least 1 eligible provider serving each local area;
(ix) that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out section 3141 of this title, from funds made available through each of the core programs; and
(x) regarding such other matters as the Secretary of Labor or the Secretary of Education, as appropriate, determines to be necessary for the administration of the core programs.
(3) Existing analysis
(c) Plan submission and approval
(1) Submission
(A) Initial plan
(B) Subsequent plans
(2) Submission and approval
(A) Submission
(B) Approval
(3) Modifications
(A) Modifications
(B) Approval
(4) Early implementers
(Pub. L. 113–128, title I, § 102, July 22, 2014, 128 Stat. 1444; Pub. L. 114–18, § 2(e)(1), May 22, 2015, 129 Stat. 213; Pub. L. 114–95, title IX, § 9215(yyy)(2), Dec. 10, 2015, 129 Stat. 2191.)
§ 3113. Combined State plan
(a) In general
(1) Authority to submit plan
(2) Programs
The programs and activities referred to in paragraph (1) are as follows:
(A) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 2015(d)(4) of title 7.
(D) Work programs authorized under section 2015(o) of title 7.
(E) Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38.
(G) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law).
(H) Programs authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by the Department of Housing and Urban Development.
(J) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
(K) Programs authorized under section 60532 1
1 See References in Text note below.
of title 34.(b) Requirements
(1) In general
(2) Additional submission not required
(3) Coordination
A combined plan shall include—
(A) a description of the methods used for joint planning and coordination of the core programs and the other programs and activities covered by the combined plan; and
(B) an assurance that the methods included an opportunity for the entities responsible for planning or administering the core programs and the other programs and activities to review and comment on all portions of the combined plan.
(c) Approval by the appropriate Secretaries
(1) Jurisdiction
(2) Approval of core programs
(3) Timing of approval
(A) In general
(B) Plan approved by 3 or more appropriate Secretaries
(C) Disapproval
(4) Special rule
(d) Appropriate Secretary
In this section, the term “appropriate Secretary” means—
(1) with respect to the portion of a combined plan relating to any of the core programs (including a description, and an assurance concerning that program, specified in subsection (b)(3)), the Secretary of Labor and the Secretary of Education; and
(2) with respect to the portion of a combined plan relating to a program or activity described in subsection (a)(2) (including a description, and an assurance concerning that program or activity, specified in subsection (b)(3)), the head of the Federal agency who exercises plan or application approval authority for the program or activity under the Federal law authorizing the program or activity, or, if there are no planning or application requirements for such program or activity, exercises administrative authority over the program or activity under that Federal law.
(Pub. L. 113–128, title I, § 103, July 22, 2014, 128 Stat. 1450.)