Sec. 111. State workforce development boards
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The Governor of a State shall establish a State workforce development board to carry out the functions described in subsection (d). The State board shall include— the Governor; 2 members of each chamber of the State legislature (to the extent consistent with State law), appointed by the appropriate presiding officers of such chamber; and members appointed by the Governor, of which— a majority shall be representatives of businesses in the State, who— 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 117(b)(2)(A)(i); represent businesses (including small businesses), or organizations representing businesses described in this subclause, that provide employment opportunities that, at a minimum, will provide clear and accessible career pathways, and include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and are appointed from among individuals nominated by State business organizations and business trade associations; not less than 20 percent shall be representatives of the workforce within the State, who— shall include representatives of labor organizations, who have been nominated by State labor federations; 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 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 the balance— shall include representatives of government, who— shall include the lead State officials with primary responsibility for the core programs; and shall include chief elected officials (collectively representing both cities and counties, where appropriate); shall include a representative, either an employer, a member of a labor organization, or a staff director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, a representative of an apprenticeship program in the State; and may include such other representatives and officials as the Governor may designate, such as 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), and State agency officials responsible for economic development or juvenile justice programs in the State, individuals who represent an Indian tribe or tribal organization, as such terms are defined in section 266(b), and State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. The members of the State board shall represent diverse geographic areas of the State, including urban, rural, and suburban areas. No person shall serve as a member for more than 1 of— the category described in paragraph (1)(C)(i); or 1 category described in a subclause of clause
(ii)or
(iii)of paragraph (1)(C). The Governor shall select a chairperson for the State board from among the representatives described in subsection (b)(1)(C)(i). The State board shall assist the Governor in— the development, implementation, and modification of the State plan, including the periodic assessment and development of recommendations regarding the implementation of the State plan; consistent with paragraph (1), the review of statewide policies and programs and development of recommendations on actions that should be taken by the State to align core programs and other programs in the State in a manner that supports a comprehensive State workforce development system that will result in meeting the workforce needs of the State, its regions, and its local areas; the review of and provision of comments on the State plans, if any, for activities and programs of one-stop partners that are not core programs, in order to provide strategic leadership and to align to the extent practicable such non-core programs with the core programs, and with the strategy described in the State plan under section 112 or 113; the development of guidance for the implementation and continuous improvement of a workforce development system within the State that includes guidance on— the identification of and means for removing barriers to coordination of, alignment of, and nonduplication among the programs and activities carried out through the system; the development of career pathways by using workforce development programs aligned for the purpose of providing individuals, including low-skilled adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment; the development and expansion of strategies for meeting the needs of workers and jobseekers, and employers, including industry or sector partnership initiatives relating to in-demand industry sectors and occupations; coordinating planning between the local boards and State entities carrying out relevant State-administered programs; the identification of regions, including planning regions, for the purposes of section 116(c), after consultation with local boards and chief elected officials; the provision of technical assistance to local boards, one-stop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services; strategies to support staff training and awareness across programs supported under workforce development systems in local areas; and the design and implementation of intake and case management information systems (including common intake, case management, performance tracking, and reporting systems), and how local input will be incorporated into such design and implementation, to improve coordination of services across workforce development programs; the development and update 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 subtitle B; the identification and dissemination of information on best practices, including best practices for— the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies (including strategies for effectively serving individuals with barriers to employment), and other practices relevant to workforce development; and the development of effective local boards, which may include information on those factors that contribute to enabling local boards to exceed negotiated levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; the development and review of statewide policies affecting the coordinated provision of services through the State's one-stop delivery system described in section 221(e), including— the development of objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section; the development of guidance for the allocation of one-stop center infrastructure funds under section 221(h); the development of— statewide 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 the one-stop delivery system; strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the one-stop delivery system; strategies for technological improvements to facilitate access to, and improve the quality of, services provided through the one-stop delivery system (including access for individuals with disabilities and individuals residing in remote areas), which strategies may be utilized throughout the State; and 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; and the development of such other policies as may promote statewide objectives for, and enhance the performance of, the one-stop delivery system; 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 228(b)(3) and 233(b)(3); the preparation of the annual reports described in paragraphs
(1)and
(2)of section 131(d); and the development of the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ). For 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), combination of regional workforce development boards, or similar entity) that— was in existence on the day before the date of enactment of the Workforce Investment Act of 1998; is substantially similar to the State board described in subsections
(a)through (c); and includes representatives of business in the State and representatives of labor organizations in the State. A reference in this Act, or a core program provision that is not in this Act, to a State board shall be considered to include such an entity. A member of a State board may not— vote on a matter under consideration by the State board— regarding the provision of services by such member (or by an entity that such member represents); or that would provide direct financial benefit to such member or the immediate family of such member; or engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. The State board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the State board, including information regarding the State plan, or a modification to the State plan, prior to submission of the plan or modification of the plan, respectively, information regarding membership, and, on request, minutes of formal meetings of the State board. The State board may hire a director and other staff to assist in carrying out the functions described in subsection
(d)using funds available as described in section 229(b)(2) or 234(a)(3)(B)(i). The director and staff described in paragraph
(1)shall be subject to the limitations on the payment of salary and bonuses described in section 294(15).
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- 29 USC 49l–2(e)
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Sec. 111
State workforce development boards
Cite29 USC 49l–2(e)
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