Amended in Senate August 19, 2016

Amended in Senate June 23, 2016

Amended in Senate June 13, 2016

Amended in Assembly May 4, 2016

Amended in Assembly April 26, 2016

Amended in Assembly April 12, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2719


Introduced by Assembly Member Eduardo Garcia

(Principal coauthor: Senator Hueso)

(Coauthor: Assembly Member Brown)

February 19, 2016


An act to amend Sections 14005, 14013, 14200, 14206, 14221, and 14510 of the Unemployment Insurance Code, relating to workforce development.

LEGISLATIVE COUNSEL’S DIGEST

AB 2719, as amended, Eduardo Garcia. Workforce development: out-of-school youth.

The federal Workforce Innovation and Opportunity Act of 2014 provides for workforce investment activities, including activities in which states may participate. The California Workforce Innovation and Opportunity Act of 2014 (state act) establishes the California Workforce Development Board, which is responsible for assisting the Governor in the development and continuous improvement of California’s workforce investment system. The state act also contains various programs for job training and employment investment, as specified. The state act requires the board to assist the Governor in helping individuals with barriers to employment achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends. The state act defines an individual with employment barriers to include youths who are individuals with disabilities, homeless youths, and youths who are in, or who have aged out of, the foster care system.

This bill wouldbegin delete include within the definition of an individual with employment barriers anend deletebegin insert defineend insert out-of-schoolbegin delete youth, as defined,end deletebegin insert youth for purposes of the state act,end insert would revise the duties of the board regardingbegin insert, among other things,end insert out-of-school youth, as specified, and would define a school operating in partnership with United States Department of Labor programs, as specified.

Existing law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a local workforce development board to, among other things, plan and oversee the workforce development system and develop a comprehensive 4-year local plan. Existing law requires the Governor to establish, through the California Workforce Development Board, standards for certification of high-performance local workforce investment boards, in accordance with specified criteria. Existing law requires the local workforce development boards to, with representatives of secondary and postsecondary education programs, lead efforts in the local area to develop and implement career pathways within the local area. Existing law provides that school districts and county offices of education are eligible to apply to local workforce development boards to provide basic skills training and skills necessary for attaining a secondary school diploma.

This bill would revise the criteria to include references to out-of-school youth and schools operating in partnership with United States Department of Labor programs, as specified, and, for the purposes of that requirement on local workforce development boards to lead efforts to develop and implement career pathways, provide that secondary and postsecondary education programs include specified entities. The bill would instead provide that school districts, county offices of education, and schools operating in partnership with United States Department of Labor programs are eligible to apply to local workforce development boards to provide basic skills training and skills necessary for attaining a secondary school diploma, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 14005 of the Unemployment Insurance
2Code
is amended to read:

3

14005.  

For purposes of this division:

4(a) “Board” means the California Workforce Development
5Board.

6(b) “Agency” means the Labor and Workforce Development
7Agency.

8(c) “Career pathways,” “career ladders,” or “career lattices” are
9an identified series of positions, work experiences, or educational
10benchmarks or credentials with multiple access points that offer
11occupational and financial advancement within a specified career
12field or related fields over time. “Career pathways,” “career
13ladders,” and “career lattices” offer combined programs of rigorous
14and high-quality education, training, and other services that do all
15of the following:

16(1) Align with the skill needs of industries in the economy of
17the state or regional economy involved.

18(2) Prepare an individual to be successful in any of a full range
19of secondary or postsecondary education options, including
20apprenticeships registered under the National Apprenticeship Act
21of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of
22Title 29 of the United States Code.

23(3) Include counseling to support an individual in achieving the
24individual’s education and career goals.

25(4) Include, as appropriate, education offered concurrently with
26and in the same context as workforce preparation activities and
27training for a specific occupation or occupational cluster.

28(5) Organize education, training, and other services to meet the
29particular needs of an individual in a manner that accelerates the
30educational and career advancement of the individual to the extent
31practicable.

P4    1(6) Enable an individual to attain a secondary school diploma
2or its recognized equivalent, and at least one recognized
3postsecondary credential.

4(7) Help an individual enter or advance within a specific
5occupation or occupational cluster.

6(d) “Cluster-based sector strategies” mean methods of focusing
7workforce and economic development on those sectors that have
8demonstrated a capacity for economic growth and job creation in
9a particular geographic area.

10(e) “Data driven” means a process of making decisions about
11investments and policies based on systematic analysis of data,
12which may include data pertaining to labor markets.

13(f) “Economic security” means, with respect to a worker, earning
14a wage sufficient to support a family adequately, and, over time,
15to save for emergency expenses and adequate retirement income,
16based on factors such as household size, the cost of living in the
17worker’s community, and other factors that may vary by region.

18(g) “Evidence-based” means making use of policy research as
19a basis for determining best policy practices. Evidence-based
20policymakers adopt policies that research has shown to produce
21positive outcomes, in a variety of settings, for a variety of
22populations over time. Successful, evidence-based programs deliver
23quantifiable and sustainable results. Evidence-based practices
24differ from approaches that are based on tradition, belief,
25convention, or anecdotal evidence.

26(h) “High-priority occupations” mean occupations that have a
27significant presence in a targeted industry sector or industry cluster,
28are in demand, or projected to be in demand, by employers, and
29pay or lead to payment of a wage that provides economic security.

30(i) (1) “In-demand industry sector or occupation” means either
31of the following:

32(A) An industry sector that has a substantial current or potential
33impact, including through jobs that lead to economic
34self-sufficiency and opportunities for advancement, on the state,
35regional, or local economy, as appropriate, and that contributes to
36the growth or stability of other supporting businesses, or the growth
37of other industry sectors.

38(B) An occupation that currently has or is projected to have a
39number of positions, including positions that lead to economic
40self-sufficiency and opportunities for advancement, in an industry
P5    1sector so as to have a significant impact on the state, regional, or
2local economy, as appropriate.

3(2) The determination of whether an industry sector or
4occupation is “in-demand” under this subdivision shall be made
5by the board or local board, or through the regional planning
6process in which local boards participate under the Workforce
7Innovation and Opportunity Act, as appropriate, using state and
8regional business and labor market projections, including the use
9of labor market information.

10(j) “Individual with employment barriers” means an individual
11with any characteristic that substantially limits an individual’s
12ability to obtain employment, including indicators of poor work
13history, lack of work experience, or access to employment in
14nontraditional occupations, long-term unemployment, lack of
15educational or occupational skills attainment, dislocation from
16high-wage and high-benefit employment, low levels of literacy or
17English proficiency, disability status, or welfare dependency,
18including members of all of the following groups:

19(1) Displaced homemakers.

20(2) Low-income individuals.

21(3) Indians, Alaska Natives, and Native Hawaiians, as those
22terms are defined in Section 3221 of Title 29 of the United States
23Code.

24(4) Individuals with disabilities, including youths who are
25individuals with disabilities.

26(5) Older individuals.

27(6) Ex-offenders.

28(7) Homeless individuals, as defined in Section 14043e-2(6) of
29Title 42 of the United States Code, or homeless children and
30youths, as defined in Section 11434a(2) of Title 42 of the United
31States Code.

32(8) Youth who are in, or have aged out of, the foster care system.

33(9) Individuals who are English language learners, individuals
34who have low levels of literacy, and individuals facing substantial
35cultural barriers.

36(10) Eligible migrant and seasonal farmworkers, as defined in
37Section 3322(i) of Title 29 of the United States Code.

38(11) Individuals within two years of exhausting lifetime
39eligibility under Part A of Title IV of the Social Security Act (42
40 U.S.C. Sec. 601 et seq.).

P6    1(12) Single parents, including single, pregnant women.

2(13) Long-term unemployed individuals.

3
begin delete(14)end deletebegin deleteend deletebegin deleteOut-of-school youth.end delete

begin delete

4(15) 

end delete

5begin insert(14)end insertbegin insertend insert Any other groups as the Governor determines to have
6barriers to employment.

7(k) “Industry cluster” means a geographic concentration or
8emerging concentration of interdependent industries with direct
9service, supplier, and research relationships, or independent
10industries that share common resources in a given regional
11economy or labor market. An industry cluster is a group of
12employers closely linked by common product or services,
13workforce needs, similar technologies, and supply chains in a given
14regional economy or labor market.

15(l) “Industry or sector partnership” means a workforce
16collaborative, convened or acting in partnership with the board or
17a local board, that does the following:

18(1) Organizes key stakeholders in an industry cluster into a
19working group that focuses on the shared goals and human
20resources needs of the industry cluster and that includes, at the
21appropriate stages of development of the partnership:

22(A) Representatives of multiple businesses or other employers
23in the industry cluster, including small and medium-sized
24employers when practicable.

25(B) One or more representatives of a recognized state labor
26organization or central labor council, or another labor
27representative, as appropriate.

28(C) One or more representatives of an institution of higher
29education with, or another provider of, education or training
30programs that support the industry cluster.

31(2) The workforce collaborative may include representatives of
32any of the following:

33(A) State or local government.

34(B) State or local economic development agencies.

35(C) State boards or local boards, as appropriate.

36(D) A state workforce agency or entity providing employment
37services.

38(E) Other state or local agencies.

39(F) Business or trade associations.

40(G) Economic development organizations.

P7    1(H) Nonprofit organizations, community-based organizations,
2or intermediaries.

3(I) Philanthropic associations.

4(J) Industry associations.

5(K) Other organizations, as determined to be necessary by the
6members comprising the industry sector or partnership.

7(m) “Industry sector” means those firms that produce similar
8products or provide similar services using somewhat similar
9business processes, and are closely linked by workforce needs,
10within a regional labor market.

11(n) “Local labor federation” means a central labor council that
12is an organization of local unions affiliated with the California
13Labor Federation or a local building and construction trades council
14affiliated with the State Building and Construction Trades Council
15of California.

16(o) “Sector strategies” means methods of prioritizing
17investments in competitive and emerging industry sectors and
18industry clusters on the basis of labor market and other economic
19data indicating strategic growth potential, especially with regard
20to jobs and income, and exhibit the following characteristics:

21(1) Focus workforce investment in education and workforce
22training programs that are likely to lead to jobs providing economic
23security or to an entry-level job with a well-articulated career
24pathway into a job providing economic security.

25(2) Effectively boost labor productivity or reduce business
26barriers to growth and expansion stemming from workforce supply
27problems, including skills gaps and occupational shortages by
28directing resources and making investments to plug skills gaps
29and provide education and training programs for high-priority
30occupations.

31(3) May be implemented using articulated career pathways or
32lattices and a system of stackable credentials.

33(4) May target underserved communities, disconnected youths,
34begin insert outend insertbegin insert-end insertbegin insertofend insertbegin insert-school youth,end insert incumbent workers, and recently separated
35military veterans.

36(5) Frequently are implemented using industry or sector
37partnerships.

38(6) Typically are implemented at the regional level where sector
39firms, those employers described in subdivisions (j) and (l), often
40share a common labor market and supply chains. However, sector
P8    1strategies may also be implemented at the state or local level
2depending on sector needs and labor market conditions.

3(p) “Workforce Innovation and Opportunity Act of 2014” means
4the federal act enacted as Public Law 113-128.

5(q) (1) “Earn and learn” includes, but is not limited to, a
6program that does either of the following:

7(A) Combines applied learning in a workplace setting with
8compensation allowing workers or students to gain work experience
9and secure a wage as they develop skills and competencies directly
10relevant to the occupation or career for which they are preparing.

11(B) Brings together classroom instruction with on-the-job
12training to combine both formal instruction and actual paid work
13experience.

14(2) “Earn and learn” programs include, but are not limited to,
15all of the following:

16(A) Apprenticeships.

17(B) Preapprenticeships.

18(C) Incumbent worker training.

19(D) Transitional and subsidized employment, particularly for
20individuals with barriers to employment.

21(E) Paid internships and externships.

22(F) Project-based compensated learning.

23(r) “Out-of-school youth” means an individual who meets the
24definition in Section 3164(a)(1)(B) of Title 29 of the United States
25Code.

26(s) “School operating in partnership with United States
27Department of Labor programs” means a school that serves
28out-of-school youth through a partnership that includes, but is not
29limited to, any of the following:

30(1) The California Workforce Development Board or local
31workforce development board.

32(2) Federally affiliated Youth Build programs.

33(3) Federal job corps training or instruction provided pursuant
34to a memorandum of understanding with the federal provider.

35(4) The California Conservation Corp or local conservation
36corps certified by the California Conservation Corp pursuant to
37Section 14406 or 14507.5 of the Public Resources Code.

begin delete
38

SEC. 2.  

Section 14013 of the Unemployment Insurance Code
39 is amended to read:

40

14013.  

The board shall assist the Governor in the following:

P9    1(a) Promoting the development of a well-educated and highly
2skilled 21st century workforce.

3(b) Developing, implementing, and modifying the State Plan.
4The State Plan shall serve as the comprehensive framework and
5coordinated plan for the aligned investment of all federal and state
6workforce training and employment services funding streams and
7programs. To the extent feasible and when appropriate, the State
8Plan should reinforce and work with adult education and career
9technical education efforts that are responsive to labor market
10trends.

11(c) The review of statewide policies, of statewide programs,
12and of recommendations on actions that should be taken by the
13state to align workforce, education, training, and employment
14funding programs in the state in a manner that supports a
15comprehensive and streamlined workforce development system
16in the state, including the review and provision of comments on
17the State Plan, if any, for programs and activities of one-stop
18partners that are not core programs.

19(d) Developing and continuously improving the statewide
20workforce investment system, including:

21(1) The identification of barriers and means for removing
22barriers to better coordinate, align, and avoid duplication among
23the programs and activities carried out through the system.

24(2) The development of strategies to support the use of career
25pathways for the purpose of providing individuals, including
26low-skilled adults, youth, and individuals with barriers to
27employment, including individuals with disabilities, with workforce
28investment activities, education, and supportive services to enter
29or retain employment. To the extent permissible under state and
30federal laws, these policies and strategies should support linkages
31between kindergarten and grades 1 to 12, inclusive, and community
32college educational systems in order to help secure educational
33and career advancement. These policies and strategies may be
34implemented using a sector strategies framework and should
35ultimately lead to placement in a job providing economic security
36or job placement in an entry-level job that has a well-articulated
37career pathway or career ladder to a job providing economic
38security.

39(3) The development of strategies for providing effective
40outreach to and improved access for individuals, including
P10   1individuals with barriers to employment, and employers who could
2benefit from services provided through the workforce development
3system.

4(4) The development and expansion of strategies for meeting
5the needs of employers, workers, and jobseekers, particularly
6through industry or sector partnerships related to in-demand
7industry sectors and occupations, including policies targeting
8resources to competitive and emerging industry sectors and industry
9clusters that provide economic security and are either high-growth
10sectors or critical to California’s economy, or both. These industry
11sectors and clusters shall have significant economic impacts on
12the state and its regional and workforce development needs and
13have documented career opportunities.

14(5) Recommending adult and dislocated worker training policies
15and investments that offer a variety of career opportunities while
16upgrading the skills of California’s workforce. These may include
17training policies and investments pertaining to any of the following:

18(A) Occupational skills training, including training for
19nontraditional employment.

20(B) On-the-job training.

21(C) Incumbent worker training in accordance with Section
223174(d)(4) of Title 29 of the United States Code.

23(D) Programs that combine workplace training with related
24instruction, which may include cooperative education programs.

25(E) Training programs operated by the private sector.

26(F) Skill upgrading and retraining.

27(G) Entrepreneurial training.

28(H) Transitional jobs in accordance with Section 3174(d)(5) of
29Title 29 of the United States Code.

30(I) Job readiness training provided in combination with any of
31the services described in subparagraphs (A) to (H), inclusive.

32(J) Adult education and literacy activities provided in
33combination with any of the services described in subparagraphs
34(A) to (G), inclusive.

35(K) Customized training conducted with a commitment by an
36employer or group of employers to employ an individual upon
37successful completion of the training.

38(e) The identification of regions, including planning regions,
39for the purposes of Section 3121(a) of Title 29 of the United States
40Code, and the designation of local areas under Section 3121 of
P11   1Title 29 of the United States Code, after consultation with local
2boards and chief elected officials.

3(f) The development and continuous improvement of the
4one-stop delivery system in local areas, including providing
5assistance to local boards, one-stop operators, one-stop partners,
6and providers with planning and delivering services, including
7training services and supportive services, to support effective
8delivery of services to workers, job seekers, entrepreneurs, and
9employers.

10(g) Recommending strategies to the Governor for strategic
11training investments of the Governor’s 15-percent discretionary
12funds.

13(h) Developing strategies to support staff training and awareness
14across programs supported under the workforce development
15system.

16(i) The development and updating of comprehensive state
17performance accountability measures, including state adjusted
18levels of performance, to assess the effectiveness of the core
19programs in the state as required under Section 3141(b) of Title
2029 of the United States Code. As part of this process the board
21shall do all of the following:

22(1) Develop a workforce metrics dashboard, to be updated
23annually, that measures the state’s human capital investments in
24workforce development to better understand the collective impact
25of these investments on the labor market. The workforce metrics
26dashboard shall be produced using existing available data and
27resources that are currently collected and accessible to state
28agencies. The board shall convene workforce program partners to
29develop a standardized set of inputs and outputs for the workforce
30metrics dashboard. The workforce metrics dashboard shall do all
31of the following:

32(A) Provide a status report on credential attainment, including
33training completion, degree attainment, and participant earnings
34from workforce education and training programs. The board shall
35publish and distribute the final report.

36(B) Request an opportunity to present relevant portions of the
37final report, including summary data and performance metrics, at
38least once a calendar year to the State Board of Education and the
39California Community College Board.

P12   1(C) Provide demographic breakdowns, including, to the extent
2possible, race, ethnicity, age, gender, veteran status, wage and
3credential or degree outcomes, and information on workforce
4outcomes in different industry sectors.

5(D) Measure, at a minimum and to the extent feasible with
6existing resources, the performance of the following workforce
7programs: community college career technical education, the
8Employment Training Panel, Title I and Title II of the federal
9Workforce Investment Act of 1998, Trade Adjustment Assistance,
10and state apprenticeship programs.

11(E) Measure participant earnings in California, and to the extent
12feasible, in other states. The Employment Development Department
13shall assist the board by calculating aggregated participant earnings
14using unemployment insurance wage records, without violating
15any applicable confidentiality requirements.

16(2) The State Department of Education is hereby authorized to
17collect the social security numbers of adults participating in adult
18education programs so that accurate participation in those programs
19can be represented in the report card. However, an individual shall
20not be denied program participation if he or she refuses to provide
21a social security number. The State Department of Education shall
22keep this information confidential and shall only use this
23information for tracking purposes, in compliance with all applicable
24state and federal law.

25(3) (A) Participating workforce programs, as specified in
26subparagraph (D) of paragraph (1), shall provide participant data
27in a standardized format to the Employment Development
28Department.

29(B) The Employment Development Department shall aggregate
30data provided by participating workforce programs and shall report
31the data, organized by demographics, earnings, and industry of
32employment, to the board to assist the board in producing the
33annual workforce metrics dashboard.

34(j) The identification and dissemination of information on best
35practices, including best practices for all of the following:

36(1) The effective operation of one-stop centers, relating to the
37use of business outreach, partnerships, and service delivery
38strategies, including strategies for serving individuals with barriers
39to employment.

P13   1(2) The development of effective local boards, which may
2include information on factors that contribute to enabling local
3boards to exceed negotiated local levels of performance, sustain
4fiscal integrity, and achieve other measures of effectiveness.

5(3) Effective training programs that respond to real-time labor
6market analysis, that effectively use direct assessment and prior
7learning assessment to measure an individual’s prior knowledge,
8skills, competencies, and experiences, and that evaluate such skills,
9and competencies for adaptability, to support efficient placement
10into employment or career pathways.

11(k) The development and review of statewide policies affecting
12the coordinated provision of services through the state’s one-stop
13delivery system described in Section 3151(e) of Title 29 of the
14United States Code, including the development of all of the
15following:

16(1) Objective criteria and procedures for use by local boards in
17assessing the effectiveness and continuous improvement of
18one-stop centers described in Section 3151(e) of Title 29 of the
19United States Code.

20(2) Guidance for the allocation of one-stop center infrastructure
21funds under Section 3151(h) of Title 29 of the United States Code.

22(3) Policies relating to the appropriate roles and contributions
23of entities carrying out one-stop partner programs within the
24one-stop delivery system, including approaches to facilitating
25equitable and efficient cost allocation in such a system.

26(l) The development of strategies for technological
27improvements to facilitate access to, and improve the quality of,
28services and activities provided through the one-stop delivery
29system, including such improvements to all of the following:

30(1) Enhance digital literacy skills, as defined in Section 9101
31of Title 20 of the United States Code, referred to in this division
32as “digital literacy skills.”

33(2) Accelerate the acquisition of skills and recognized
34postsecondary credentials by participants.

35(3) Strengthen the professional development of providers and
36workforce professionals.

37(4) Ensure the technology is accessible to individuals with
38disabilities and individuals residing in remote areas.

39(m) The development of strategies for aligning technology and
40data systems across one-stop partner programs to enhance service
P14   1delivery and improve efficiencies in reporting on performance
2accountability measures, including the design and implementation
3of common intake, data collection, case management information,
4and performance accountability measurement and reporting
5processes and the incorporation of local input into such design and
6implementation, to improve coordination of services across
7one-stop partner programs.

8(n) The development of allocation formulas for the distribution
9of funds for employment and training activities for adults, and
10youth workforce investment activities, to local areas as permitted
11under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
12States Code.

13(o) The preparation of the annual reports described in paragraphs
14(1) and (2) of Section 3141(d) of Title 29 of the United States
15Code.

16(p) The development of the statewide workforce and labor
17market information system described in Section 49l-2(e) of Title
1829 of the United States Code.

19(q) The development of other policies as may promote statewide
20objectives for, and enhance the performance of, the workforce
21development system in the state.

22(r) Helping individuals with barriers to employment, including
23low-skill, low-wage workers, the long-term unemployed, and
24members of single-parent households, achieve economic security
25and upward mobility by implementing policies that encourage the
26attainment of marketable skills relevant to current labor market
27trends.

end delete
28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 14013 of the end insertbegin insertUnemployment Insurance Codeend insert
29
begin insert is amended to read:end insert

30

14013.  

The board shall assist the Governor in the following:

31(a) Promoting the development of a well-educated and highly
32skilled 21st century workforce.

33(b) Developing, implementing, and modifying the State Plan.
34The State Plan shall serve as the comprehensive framework and
35coordinated plan for the aligned investment of all federal and state
36workforce training and employment services funding streams and
37programs. To the extent feasible and when appropriate, thebegin delete state
38planend delete
begin insert State Planend insert should reinforce and work with adult education
39and career technical education efforts that are responsive to labor
40market trends.

P15   1(c) The review of statewide policies, of statewide programs,
2and of recommendations on actions that should be taken by the
3state to align workforce, education, training, and employment
4funding programs in the state in a manner that supports a
5comprehensive and streamlined workforce development system
6in the state, including the review and provision of comments on
7the State Plan, if any, for programs and activities of one-stop
8partners that are not core programs.

9(d) Developing and continuously improving the statewide
10workforce investment system, including:

11(1) The identification of barriers and means for removing
12barriers to better coordinate, align, and avoid duplication among
13the programs and activities carried out through the system.

14(2) The development of strategies to support the use of career
15pathways for the purpose of providing individuals, including
16low-skilled adults, youth,begin insert including outend insertbegin insert-ofend insertbegin insert-school youth,end insert and
17individuals with barriers to employment, and including individuals
18with disabilities, with workforce investment activities, education,
19and supportive services to enter or retain employment. To the
20extent permissible under state and federal laws, these policies and
21strategies should support linkages between kindergarten and grades
221 to 12, inclusive, and community college educational systems in
23order to help secure educational and career advancement. These
24policies and strategies may be implemented using a sector strategies
25framework and should ultimately lead to placement in a job
26providing economic security or job placement in an entry-level
27job that has a well-articulated career pathway or career ladder to
28a job providing economic security.

29(3) The development of strategies for providing effective
30outreach to and improved access forbegin delete individualsend deletebegin insert individuals,
31including individuals with barriers to employment,end insert
and employers
32who could benefit from services provided through the workforce
33development system.

34(4) The development and expansion of strategies for meeting
35the needs of employers, workers, and jobseekers, particularly
36through industry or sector partnerships related to in-demand
37industry sectors and occupations, including policies targeting
38resources to competitive and emerging industry sectors and industry
39clusters that provide economic security and are either high-growth
40sectors or critical to California’s economy, or both. These industry
P16   1sectors and clusters shall have significant economic impacts on
2the state and its regional and workforce development needs and
3have documented career opportunities.

4(5) Recommending adult and dislocated worker training policies
5and investments that offer a variety of career opportunities while
6upgrading the skills of California’s workforce. These may include
7training policies and investments pertaining to any of the following:

8(A) Occupational skills training, including training for
9nontraditional employment.

10(B) On-the-job training.

11(C) Incumbent worker training in accordance with Section
123174(d)(4) of Title 29 of the United States Code.

13(D) Programs that combine workplace training with related
14instruction, which may include cooperative education programs.

15(E) Training programs operated by the private sector.

16(F) Skill upgrading and retraining.

17(G) Entrepreneurial training.

18(H) Transitional jobs in accordance with Section 3174(d)(5) of
19Title 29 of the United States Code.

20(I) Job readiness training provided in combination with any of
21the services described in subparagraphs (A) to (H), inclusive.

22(J) Adult education and literacy activities provided in
23combination with any of the services described in subparagraphs
24(A) to (G), inclusive.

25(K) Customized training conducted with a commitment by an
26employer or group of employers to employ an individual upon
27successful completion of the training.

28(e) The identification of regions, including planning regions,
29for the purposes of Section 3121(a) of Title 29 of the United States
30Code, and the designation of local areas under Section 3121 of
31Title 29 of the United States Code, after consultation with local
32boards and chief elected officials.

33(f) The development and continuous improvement of the
34one-stop delivery system in local areas, including providing
35assistance to local boards, one-stop operators, one-stop partners,
36and providers with planning and delivering services, including
37training services and supportive services, to support effective
38delivery of services to workers, job seekers,begin insert entrepreneurs,end insert and
39employers.

P17   1(g) Recommending strategies to the Governor for strategic
2training investments of the Governor’s 15-percent discretionary
3funds.

4(h) Developing strategies to support staff training and awareness
5across programs supported under the workforce development
6system.

7(i) The development and updating of comprehensive state
8performance accountability measures, including state adjusted
9levels of performance, to assess the effectiveness of the core
10programs in the state as required under Section 3141(b) of Title
1129 of the United States Code. As part of this process the board
12shall do all of the following:

13(1) Develop a workforce metrics dashboard, to be updated
14annually, that measures the state’s human capital investments in
15workforce development to better understand the collective impact
16of these investments on the labor market. The workforce metrics
17dashboard shall be produced using existing available data and
18resources that are currently collected and accessible to state
19agencies. The board shall convene workforce program partners to
20develop a standardized set of inputs and outputs for the workforce
21metrics dashboard. The workforce metrics dashboard shall do all
22of the following:

23(A) Provide a status report on credential attainment,begin insert includingend insert
24 training completion, degree attainment, and participant earnings
25from workforce education and training programs. The board shall
26publish and distribute the final report.

begin insert

27
(B) Request an opportunity to present relevant portions of the
28final report, including summary data and performance metrics, at
29least once every calendar year to the State Board of Education
30and the California Community Colleges Board of Governors.

end insert
begin delete

31(B)

end delete

32begin insert(C)end insert Provide demographic breakdowns, including, to the extent
33possible, race, ethnicity, age, gender, veteran status, wage and
34credential or degree outcomes, and information on workforce
35outcomes in different industry sectors.

begin delete

36(C)

end delete

37begin insert(D)end insert Measure, at a minimum and to the extent feasible with
38existing resources, the performance of the following workforce
39programs: community college career technical education, the
40Employment Training Panel, Title I and Title II of the federal
P18   1Workforce Investment Act of 1998, Trade Adjustment Assistance,
2and state apprenticeship programs.

begin delete

3(D)

end delete

4begin insert(E)end insert Measure participant earnings in California, and to the extent
5feasible, in other states. The Employment Development Department
6shall assist the board by calculating aggregated participant earnings
7using unemployment insurance wage records, without violating
8any applicable confidentiality requirements.

9(2) The State Department of Education is hereby authorized to
10collect the social security numbers of adults participating in adult
11education programs so that accurate participation in those programs
12can be represented in the report card. However, an individual shall
13not be denied program participation if he or she refuses to provide
14a social security number. The State Department of Education shall
15keep this information confidential, except, the State Department
16of Education is authorized to share this information, unless
17prohibited by federal law, with the Employment Development
18Department, who shall keep the information confidential and use
19it only to track the labor market outcomes of program participants
20in compliance with all applicable state and federal laws and
21mandates, including all performance reporting requirements under
22the Workforce Innovation and Opportunity Act.

23(3) (A) Participating workforce programs, as specified in
24subparagraphbegin delete (C)end deletebegin insert (D)end insert of paragraph (1), shall provide participant
25data in a standardized format to the Employment Development
26Department.

27(B) The Employment Development Department shall aggregate
28data provided by participating workforce programs and shall report
29the data, organized by demographics, earnings, and industry of
30employment, to the board to assist the board in producing the
31annual workforce metrics dashboard.

32(j) The identification and dissemination of information on best
33practices, including best practices for all of the following:

34(1) The effective operation of one-stop centers, relating to the
35use of business outreach, partnerships, and service delivery
36strategies, including strategies for serving individuals with barriers
37to employment.

38(2) The development of effective local boards, which may
39include information on factors that contribute to enabling local
P19   1boards to exceed negotiated local levels of performance, sustain
2fiscal integrity, and achieve other measures of effectiveness.

3(3) Effective training programs that respond to real-time labor
4market analysis, that effectively use direct assessment and prior
5learning assessment to measure an individual’s prior knowledge,
6skills, competencies, and experiences, and that evaluate such skills,
7and competencies for adaptability, to support efficient placement
8into employment or career pathways.

9(k) The development and review of statewide policies affecting
10the coordinated provision of services through the state’s one-stop
11delivery system described in Section 3151(e) of Title 29 of the
12United States Code, including the development of all of the
13following:

14(1) Objective criteria and procedures for use by local boards in
15assessing the effectiveness and continuous improvement of
16one-stop centers described in Section 3151(e) of Title 29 of the
17United States Code.

18(2) Guidance for the allocation of one-stop center infrastructure
19funds under Section 3151(h) of Title 29 of the United States Code.

20(3) Policies relating to the appropriate roles and contributions
21of entities carrying out one-stop partner programs within the
22one-stop delivery system, including approaches to facilitating
23equitable and efficient cost allocation in such a system.

24(l) The development of strategies for technological
25improvements to facilitate access to, and improve the quality of,
26 services and activities provided through the one-stop delivery
27system, including such improvements to all of the following:

28(1) Enhance digital literacy skills, as defined in Section 9101
29of Title 20 of the United States Code, referred to in this division
30as “digital literacy skills.”

31(2) Accelerate the acquisition of skills and recognized
32postsecondary credentials by participants.

33(3) Strengthen the professional development of providers and
34workforce professionals.

35(4) Ensure the technology is accessible to individuals with
36disabilities and individuals residing in remote areas.

37(m) The development of strategies for aligning technology and
38data systems across one-stop partner programs to enhance service
39delivery and improve efficiencies in reporting on performance
40accountability measures, including the design and implementation
P20   1of common intake, data collection, case management information,
2and performance accountability measurement and reporting
3processes and the incorporation of local input into such design and
4implementation, to improve coordination of services across
5one-stop partner programs.

6(n) The development of allocation formulas for the distribution
7of funds for employment and training activities for adults, and
8youth workforce investment activities, to local areas as permitted
9under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
10States Code.

11(o) The preparation of the annual reports described in paragraphs
12(1) and (2) of Section 3141(d) of Title 29 of the United States
13Code.

14(p) The development of the statewide workforce and labor
15market information system described in Section 49l-2(e) of Title
1629 of the United States Code.

17(q) The development ofbegin delete suchend delete other policies as may promote
18statewide objectives for, and enhance the performance of, the
19workforce development system in the state.

20(r) Helping individuals with barriers to employment, including
21low-skill, low-wage workers, the long-term unemployed, and
22members of single-parent households, achieve economic security
23and upward mobility by implementing policies that encourage the
24attainment of marketable skills relevant to current labor market
25trends.

26

SEC. 3.  

Section 14200 of the Unemployment Insurance Code
27 is amended to read:

28

14200.  

(a) The local chief elected officials in a local workforce
29development area shall form, pursuant to guidelines established
30by the Governor and the board, a local workforce development
31board to plan and oversee the workforce investment system.

32(b) The Governor shall periodically certify one local board for
33each local area in the state, following the requirements of the
34federal Workforce Innovation and Opportunity Act of 2014.

35(c) The Governor shall establish, through the California
36Workforce Development Board, standards for certification of
37high-performance local workforce development boards. The
38California Workforce Development Board shall, in consultation
39with representatives from local workforce development boards,
40initiate a stakeholder process to determine the appropriate
P21   1measurable metrics and standards for high-performance
2certification. These standards shall be implemented on or before
3January 1, 2013, and the first certification of high-performance
4boards shall occur on or before July 1, 2013. Certification and
5recertification of each high-performance local workforce
6development board shall occur thereafter midway through the
7implementation of the local and regional plans required by the
8Workforce Innovation and Opportunity Act. In order to meet the
9standards for certification, a high-performance local workforce
10development board shall do all of the following:

11(1) Consistently meet or exceed negotiated performance goals
12for all of the measures in each of the three federal Workforce
13Innovation and Opportunity Act of 2014 customer groups, which
14consist of adults, dislocated workers, and youth.

15(2) Consistently meet the statutory requirements of this division.

16(3) Develop and implement local policies and a local strategic
17plan that meets all of the following requirements:

18(A) Meets all local and regional planning requirements specified
19under the federal Workforce Innovation and Opportunity Act of
202014.

21(B) Is consistent with the California Workforce Development
22Board State Plan.

23(C) Describes the actions that the board shall take to implement
24local policies in furtherance of its goals.

25(D) Serves as a written account of intended future courses of
26action aimed at achieving the specific goals of the local and state
27board within a specific timeframe.

28(E) Explains what needs to be done, by whom, and when each
29action is required to occur in order to meet those goals.

30(4) Demonstrate that the local planning process involves key
31stakeholders, including the major employers and industry groups
32in the relevant regional economy and organized labor.

33(5) Demonstrate that the local planning process takes into
34account the entire workforce training pipeline, including partners
35in K-12 education, schools operating in partnership with United
36States Department of Labor programs, career technical education,
37the community college system, other postsecondary institutions,
38and other local workforce development areas operating in a relevant
39regional economy.

P22   1(6) Demonstrate that the local planning process and plan are
2data driven, and that policy decisions at the local level are evidence
3based. Each high-performance local workforce development board
4shall use labor market data to develop and implement the local
5plan, taking care to steer resources into programs and services that
6are relevant to the needs of each workforce development area’s
7relevant regional labor market and high-wage industry sectors.
8Local workforce development areas shall demonstrate an
9evidence-based approach to policymaking by establishing
10performance benchmarks and targets to measure progress toward
11local goals and objectives.

12(7) Demonstrate investment in workforce initiatives, and,
13specifically, training programs that promote skills development
14and career ladders relevant to the needs of each workforce
15investment area’s regional labor market and high-wage industry
16sectors.

17(8) Establish a youth strategy, including out-of-school youth,
18aligned with the needs of each workforce investment area’s regional
19labor market and high-wage industry sectors.

20(9) Establish a business service plan that integrates local
21business involvement with workforce initiatives. This plan at a
22minimum shall include all of the following:

23(A) Efforts to partner with businesses to identify the workforce
24training and educational barriers to attract jobs in the relevant
25regional economy, existing skill gaps reducing the competitiveness
26of local businesses in the relevant regional economies, and potential
27emerging industries that would likely contribute to job growth in
28the relevant regional economy if investments were made for
29training and educational programs.

30(B) An electronic system for both businesses and job seekers
31to communicate about job opportunities.

32(C) A subcommittee of the local workforce development board
33that further develops and makes recommendations for the business
34service plan for each local workforce development board in an
35effort to increase employer involvement in the activities of the
36local workforce development board. The subcommittee members
37should be comprised of business representatives on the local
38workforce development board who represent both the leading
39industries and employers in the relevant regional economy and
40potential emerging sectors that have significant potential to
P23   1contribute to job growth in the relevant regional economy if
2investments were made for training and educational programs.

3(d) The Governor and the Legislature, as part of the annual
4budget process, in consultation with the California Workforce
5Development Board, shall annually reserve a portion of the
615-percent discretionary fund made available pursuant to the
7federal Workforce Innovation and Opportunity Act of 2014 for
8the purpose of providing performance incentives to
9high-performance local workforce development boards. The
10remaining discretionary funds shall continue to be available for
11other discretionary purposes as provided for in the federal
12Workforce Innovation and Opportunity Act of 2014.

13(e) Only a workforce development board that is certified as a
14high-performance local workforce development board by the
15California Workforce Development Board shall be eligible to
16receive any incentive money reserved for high-performance local
17workforce development boards, as described in subdivision (d).
18A board that is not certified as a high-performance local workforce
19development board shall not receive any portion of the money
20reserved for high-performance local workforce development
21boards, as described in subdivision (d).

22(f) The California Workforce Development Board shall establish
23a policy for the allocation of incentive moneys to high-performance
24local workforce development boards.

25(g) To the extent permitted by the Workforce Innovation and
26Opportunity Act of 2014, the California Workforce Development
27Board may consider the utilization of incentive grants, or direct
28assistance, or both, to local workforce development boards for the
29purposes of this section.

30(h) There shall not be a requirement to set aside federal
31Workforce Innovation and Opportunity Act of 2014 funds for the
32purposes of subdivision (d), (e), (f), or (g) in years when the federal
33government significantly reduces the share of federal Workforce
34Innovation and Opportunity Act of 2014 funds appropriated to the
35state for statewide discretionary purposes below the federal
36statutory amount of 15 percent.

37

SEC. 4.  

Section 14206 of the Unemployment Insurance Code
38 is amended to read:

P24   1

14206.  

Consistent with the requirements of the Workforce
2Innovation and Opportunity Act, the local board shall do all of the
3following:

4(a) In partnership with the chief elected official for the local
5area involved, develop and submit a local plan to the Governor
6that meets the requirements of the Workforce Innovation and
7Opportunity Act. If the local area is part of a planning region that
8includes other local areas, the local board shall collaborate with
9the other local boards and chief elected officials from such other
10local areas in the preparation and submission of a regional plan as
11described in the Workforce and Innovation and Opportunity Act.

12(b) In order to assist in the development and implementation of
13the local plan, the local board shall do all of the following:

14(1) Carry out analyses of the economic conditions in the region,
15the needed knowledge and skills for the region, the workforce in
16the region, and workforce development activities, including
17education and training, in the region described in Section
183123(b)(1)(D) of Title 29 of the United States Code, and regularly
19update such information.

20(2) Assist the Governor in developing the statewide workforce
21and labor market information system described in Section 15(e)
22of the Wagner-Peyser Act (29 U.S.C. Sec. 49l-2(e)), specifically
23in the collection, analysis, and utilization of workforce and labor
24market information for the region.

25(3) Conduct such other research, data collection, and analysis
26related to the workforce needs of the regional economy as the
27board, after receiving input from a wide array of stakeholders,
28determines to be necessary to carry out its functions.

29(c) Convene local workforce development system stakeholders
30to assist in the development of the local plan under Section 3123
31of Title 29 of the United States Code and in identifying nonfederal
32expertise and resources to leverage support for workforce
33development activities. The local board, including standing
34committees, may engage such stakeholders in carrying out the
35functions described in this subdivision.

36(d) Lead efforts to engage with a diverse range of employers
37and with entities in the region involved to do all of the following:

38(1) Promote business representation, particularly representatives
39with optimal policymaking or hiring authority from employers
P25   1whose employment opportunities reflect existing and emerging
2employment opportunities in the region, on the local board.

3(2) Develop effective linkages, including the use of
4intermediaries, with employers in the region to support employer
5utilization of the local workforce development system and to
6support local workforce investment activities.

7(3) Ensure that workforce investment activities meet the needs
8of employers and support economic growth in the region, by
9enhancing communication, coordination, and collaboration among
10employers, economic development entities, and service providers.

11(4) Develop and implement proven or promising strategies for
12meeting the employment and skill needs of workers and employers,
13like the establishment of industry and sector partnerships, that
14provide the skilled workforce needed by employers in the region,
15and that expand employment and career advancement opportunities
16for workforce development system participants in in-demand
17industry sectors or occupations.

18(e) (1) With representatives of secondary and postsecondary
19education programs, lead efforts in the local area to develop and
20implement career pathways within the local area by aligning the
21employment, training, education, and supportive services that are
22needed by adults and youth,begin insert including outend insertbegin insert-ofend insertbegin insert-school youth,end insert
23 particularly individuals with barriers to employment.

24(2) For purposes of this subdivision, “secondary and
25postsecondary education programs” include, but are not limited
26to, adult education consortiums, school districts, schools operating
27in partnership with United States Department of Labor programs,
28and community colleges partnering with local boards.

29(f) Lead efforts in the local area to accomplish both of the
30following:

31(1) Identify and promote proven and promising strategies and
32initiatives for meeting the needs of employers, and workers and
33jobseekers, including individuals with barriers to employment, in
34the local workforce development system, including providing
35physical and programmatic accessibility, in accordance with
36Section 3248 of Title 29 of the United States Code, if applicable,
37and applicable provisions of the Americans with Disabilities Act
38of 1990 (42 U.S.C. Sec. 12101 et seq.), to the one-stop delivery
39system.

P26   1(2) Identify and disseminate information on proven and
2promising practices carried out in other local areas for meeting
3these needs.

4(g) Develop strategies for using technology to maximize the
5accessibility and effectiveness of the local workforce development
6system for employers, and workers and jobseekers, by doing all
7of the following:

8(1) Facilitating connections among the intake and case
9management information systems of the one-stop partner programs
10to support a comprehensive workforce development system in the
11local area.

12(2) Facilitating access to services provided through the one-stop
13delivery system involved, including facilitating the access in remote
14areas.

15(3) Identifying strategies for better meeting the needs of
16individuals with barriers to employment, including strategies that
17augment traditional service delivery, and increase access to services
18and programs of the one-stop delivery system, such as improving
19digital literacy skills.

20(4) Leveraging resources and capacity within the local workforce
21development system, including resources and capacity for services
22for individuals with barriers to employment.

23(h) In partnership with the chief elected official for the local
24area, shall conduct oversight for local youth workforce investment
25activities as required under the federal Workforce Innovation and
26Opportunity Act, ensure the appropriate use and management of
27the funds as required under the Workforce Innovation and
28Opportunity Act, and, for workforce development activities, ensure
29the appropriate use, management, and investment of funds to
30maximize performance outcomes as required under the federal
31Workforce Innovation and Opportunity Act.

32(i) Negotiate and reach agreement on local performance
33accountability measures, as described in Section 3141(c) of Title
3429 of the United States Code, with the chief elected official and
35the Governor.

36(j) Select and provide access to system operators, service
37providers, trainers, and educators, in a manner consistent with the
38requirements of the Workforce Innovation and Opportunity Act
39and applicable state laws, including all of the following:

P27   1(1) Consistent with Section 3151(d) of Title 29 of the United
2States Code, and with the agreement of the chief elected official
3for the local area, designate or certify one-stop operators as
4described in Section 3151(d)(2)(A) of Title 29 of the United States
5Code and terminate for cause the eligibility of these operators.

6(2) Consistent with Section 3153 of Title 29 of the United States
7Code, identify eligible providers of youth workforce investment
8activities in the local area by awarding grants or contracts on a
9competitive basis, except as provided in Section 3153(b) of Title
1029 of the United States Code, based on the recommendations of
11the youth standing committee, if such a committee is established
12for the local area and terminate for cause the eligibility of these
13providers.

14(3) Consistent with Section 3152 of Title 29 of the United States
15Code and paragraph (4) of subdivision (d) of Section 14020,
16identify eligible providers of training services in the local area.

17(4) If the one-stop operator does not provide career services
18described in Section 3174(c)(2) of Title 29 of the United States
19Code in a local area, identify eligible providers of those career
20services in the local area by awarding contracts.

21(5) Consistent with Section 3152 of Title 29 of the United States
22Code and paragraphs (2) and (3) of Section 3174(c) of Title 29 of
23the United States Code, work with the state to ensure there are
24sufficient numbers and types of providers of career services and
25training services, including eligible providers with expertise in
26assisting individuals with disabilities and eligible providers with
27expertise in assisting adults in need of adult education and literacy
28activities, serving the local area and providing the services involved
29in a manner that maximizes consumer choice, as well as providing
30opportunities that lead to competitive integrated employment for
31individuals with disabilities.

32(k) Consistent with the requirements of the Workforce
33Innovation and Opportunity Act, coordinate activities with
34education and training providers in the local area, including
35providers of workforce development activities, providers of adult
36education and literacy activities under Title II of the Workforce
37Innovation and Opportunity Act, providers of career and technical
38education, as defined in Section 2302 of Title 20 of the United
39States Code, and local agencies administering plans under Title I
40of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.),
P28   1other than Section 112 or Part C of that Title (29 U.S.C. Sec. 732,
2741).

3

SEC. 5.  

Section 14221 of the Unemployment Insurance Code
4 is amended to read:

5

14221.  

The local plan shall include all of the following:

6(a) A description of the strategic planning elements consisting
7of each of the following:

8(1) An analysis of the regional economic conditions, including,
9existing and emerging in-demand industry sectors and occupations
10and the employment needs of employers in those industry sectors
11and occupations.

12(2) An analysis of the knowledge and skills needed to meet the
13employment needs of the employers in the region, including
14employment needs in in-demand industry sectors and occupations.

15(3) An analysis of the workforce in the region, including current
16 labor force employment and unemployment data, and information
17on labor market trends, and the educational and skill levels of the
18workforce in the region, including individuals with barriers to
19employment.

20(4) An analysis of the workforce development activities,
21including education and training, in the region, including an
22analysis of the strengths and weaknesses of such services, and the
23capacity to provide such services, to address the identified
24education and skill needs of the workforce, including individuals
25with employment barriers, and the employment needs of employers
26in the region.

27(5) A description of the local board's strategic vision and goals
28for preparing an educated and skilled workforce, including youth
29and individuals with barriers to employment, including goals
30relating to the performance accountability measures based on
31primary indicators of performance described in Section
323141(b)(2)(A) of Title 29 of the United States Code in order to
33support regional economic growth and economic self-sufficiency.

34(6) Taking into account analyses described in paragraphs (1) to
35(4), inclusive, a strategy to work with the entities that carry out
36the core programs to align resources available to the local area, to
37achieve the strategic vision and goals described in paragraph (5).

38(b) A description of the workforce development system in the
39local area that identifies the programs that are included in that
40system and how the local board will work with the entities carrying
P29   1out core programs and other workforce development programs to
2support alignment to provide services, including programs of study
3authorized under the Carl D. Perkins Career and Technical
4Education Act of 2006 (20 U.S.C. Sec. 2301 et seq.), that support
5the strategy identified in the State Plan under Section 3112(b)(1)(E)
6of Title 29 of the United States Code.

7(c) A description of how the local board, working with the
8entities carrying out core programs, will expand access to
9employment, training, education, and supportive services for
10eligible individuals, particularly eligible individuals with barriers
11to employment, including how the local board will facilitate the
12development of career pathways and co-enrollment, as appropriate,
13in core programs, and improve access to activities leading to a
14recognized postsecondary credential, including a credential that
15is an industry-recognized certificate or certification, portable, and
16stackable.

17(d) A description of the strategies and services that will be used
18in the local area in order to facilitate engagement of employers,
19including small employers and employers in in-demand industry
20sectors and occupations, in workforce development programs,
21support a local workforce development system that meets the needs
22of businesses in the local area, better coordinate workforce
23development programs and economic development, and strengthen
24linkages between the one-stop delivery system and unemployment
25insurance programs. This may include the implementation of
26initiatives such as incumbent worker training programs, on-the-job
27training programs, customized training programs, industry and
28 sector strategies, career pathways initiatives, utilization of effective
29business intermediaries, and other business services and strategies,
30designed to meet the needs of employers in the corresponding
31region in support of the strategy described in paragraph (5) of
32 subdivision (a).

33(e) A description of how the local board will coordinate
34workforce investment activities carried out in the local area with
35economic development activities carried out in the region in which
36the local area is located, or planning region, and promote
37entrepreneurial skills training and microenterprise services.

38(f) A description of the one-stop delivery system in the local
39area, including all of the following:

P30   1(1) A description of how the local board will ensure the
2continuous improvement of eligible providers of services through
3the system and ensure that such providers meet the employment
4needs of local employers, and workers and jobseekers.

5(2) A description of how the local board will facilitate access
6to services provided through the one-stop delivery system,
7including in remote areas, through the use of technology and
8through other means.

9(3) A description of how entities within the one-stop delivery
10system, including one-stop operators and the one-stop partners,
11will comply with Section 3248 of Title 29 of the United States
12Code, if applicable, and applicable provisions of the Americans
13with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.)
14regarding the physical and programmatic accessibility of facilities,
15programs and services, technology, and materials for individuals
16with disabilities, including providing staff training and support for
17addressing the needs of individuals with disabilities.

18(4) A description of the roles and resource contributions of the
19one-stop partners.

20(g) A description and assessment of the type and availability of
21adult and dislocated worker employment and training activities in
22the local area.

23(h) A description of how the local board will coordinate
24workforce investment activities carried out in the local area with
25statewide rapid response activities, as described in Section
263174(a)(2)(A) of Title 29 of the United States Code.

27(i) A description and assessment of the type and availability of
28youth workforce investment activities in the local area, including
29activities for youth who are individuals with disabilities, which
30description and assessment shall include an identification of
31successful models of such youth workforce investment activities.

32(j) A description of how the local board will coordinate
33education and workforce investment activities carried out in the
34local area with relevant secondary and postsecondary education
35programs and activities to coordinate strategies, enhance services,
36and avoid duplication of services.

37(k) A description of how the local board will coordinate
38workforce investment activities carried out under this article in
39the local area with the provision of transportation, including public
P31   1transportation, and other appropriate supportive services in the
2local area.

3(l) A description of plans and strategies for, and assurances
4concerning, maximizing coordination of services provided by the
5state employment service under the Wagner-Peyser Act (29 U.S.C.
6Sec. 49 et seq.) and services provided in the local area through the
7one-stop delivery system, to improve service delivery and avoid
8duplication of services.

9(m) A description of how the local board will coordinate
10workforce investment activities carried out in the local area with
11the provision of adult education and literacy activities in the local
12area, including a description of how the local board will carry out,
13consistent with subparagraphs (A) and (B)(i) of Section
143122(d)(11) of Title 29 of the United States Code and Section
153322 of Title 29 of the United States Code, the review of local
16applications.

17(n) A description of the replicated cooperative agreements, as
18defined in Section 3122(d)(11) of Title 29 of the United States
19Code between the local board or other local entities described in
20Section 101(a)(11)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
21Sec. 721(a)(11)(B)) and the local office of a designated state agency
22or designated state unit administering programs carried out under
23Title I of that act, other than Section 112 or Part C of that Title (29
24U.S.C. Secs. 732 and 741) and subject to Section 3151(f) of Title
2529 of the United States Code, in accordance with Section
26101(a)(11) of the Rehabilitation Act of 1973 (29 U.S.C. Sec.
27721(a)(11)) with respect to efforts that will enhance the provision
28of services to individuals with disabilities and to other individuals,
29such as cross training of staff, technical assistance, use and sharing
30of information, cooperative efforts with employers, and other
31efforts at cooperation, collaboration, and coordination.

32(o) An identification of the entity responsible for the disbursal
33of grant funds described in Section 3122(d)(12)(B)(i)(III) of Title
3429 of the United States Code, as determined by the chief elected
35official or the Governor under Section 3122(d)(12)(B)(i) of Title
3629 of the United States Code.

37(p) A description of the competitive process to be used to award
38the subgrants and contracts in the local area for activities carried
39out pursuant to this act.

P32   1(q) A description of the local levels of performance negotiated
2with the Governor and chief elected official pursuant to Section
33141(c) of Title 29 of the United States Code, to be used to measure
4the performance of the local area and to be used by the local board
5for measuring the performance of the local fiscal agent, where
6appropriate, eligible providers, and the one-stop delivery system,
7in the local area.

8(r) A description of the actions the local board will take toward
9becoming or remaining a high-performing board, consistent with
10the factors developed by the board pursuant to Section 3111(d)(6)
11of Title 29 of the United States Code. This federal requirement is
12separate and apart from state standards pertaining to the
13certification of high-performance local workforce development
14boards.

15(s) A description of how training services will be provided in
16accordance with Section 3174(c)(3)(G) of Title 29 of the United
17States Code, including, if contracts for the training services will
18be used, how the use of such contracts will be coordinated with
19the use of individual training accounts and how the local board
20will ensure informed customer choice in the selection of training
21programs regardless of how the training services are to be provided.

22(t) A description of the process used by the local board,
23consistent with subsection (d), to provide an opportunity for public
24comment, including comment by representatives of businesses and
25comment by representatives of labor organizations, and input into
26the development of the local plan, prior to submission of the plan.

27(u) A description of how one-stop centers are implementing and
28transitioning to an integrated, technology-enabled intake and case
29 management information system for programs carried out under
30this act and programs carried out by one-stop partners.

31(v) Any other information as the Governor may require.

32

SEC. 6.  

Section 14510 of the Unemployment Insurance Code
33 is amended to read:

34

14510.  

(a) To the extent permitted by federal law, school
35districts, county offices of education, and schools operating in
36partnership with United States Department of Labor programs are
37eligible to apply to local workforce development boards to provide
38basic skills training and skills necessary for attaining a secondary
39school diploma.

P33   1(b) Among the appropriate education providers considered for
2out-of-school youth services, the boards shall include for
3consideration, but not be limited to, programs that specialize in a
4secondary school diploma from a school accredited by the Western
5Association of Schools and Colleges from the relevant geographic
6area.



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