Sec. 112. Unified State plan
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For a State to be eligible to receive allotments for the core programs, the Governor shall submit to the Secretary of Labor and the Secretary of Education for consideration by the Secretaries, a unified State plan. The unified State plan shall outline a 4-year strategy for the core programs of the State and meet the requirements of this section. The unified State plan shall include strategic planning elements consisting of— an analysis of the economic conditions in the State, including— existing and emerging in-demand industry sectors and occupations; and the employment needs of employers in those industries and occupations; an analysis of the knowledge and skills needed to meet the employment needs of the employers in the State, including employment needs in in-demand industry sectors and occupations; an analysis of the workforce in the State, including current labor force employment and unemployment data, and information on labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment (including individuals with disabilities); an analysis of the workforce development activities (including education and training) in the State, including an analysis of the strengths and weaknesses of such services, and the capacity of State entities to provide such services, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State; 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 131(b)(2)(A), in order to support economic growth and economic self-sufficiency; and taking into account analyses described in subparagraphs
(A)through (D), 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 (E). The unified State plan shall include the operational planning elements contained in this paragraph, which shall support the strategy described in paragraph (1)(F). The 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)(F), including a description of— the activities that will be funded by the entities carrying out the respective programs to implement the strategy and how such activities will be aligned across the programs and among the entities administering the programs; 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, to assist in implementing the strategy, including coordinating intake, eligibility determinations, and assessment activities; how the entities carrying out the respective core programs will coordinate activities to provide comprehensive, high-quality services to individuals, including using co-enrollment and other strategies; how the entities carrying out the programs under title II or under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) will provide employment-related services or training-related services to individuals receiving education services under title III or vocational rehabilitation services 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), and how the entities carrying out adult education and literacy activities under title III or programs of such vocational rehabilitation services will provide education services or vocational rehabilitation services to individuals receiving employment-related services or training-related services under title II or under the Wagner-Peyser Act; and how the entities carrying out programs serving youth under title II will carry out the programs in collaboration with entities carrying out activities under title III and entities carrying out programs of such vocational rehabilitation services; how the entities carrying out the respective programs will develop and implement career pathways and education (offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster), including how such pathways and education will be made available to individuals with disabilities; 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 capacity and access to workforce development programs at those institutions; how the entities carrying out the respective programs will strengthen the provision of support services through coordination of activities with Federal, State, and local providers of such services, in order to facilitate increased participation and persistence of individuals in employment, education, and training programs; how technology will be used, through distance education and other methods, by entities carrying out the respective programs to provide education and training activities, activities to enhance digital literacy skills (as defined in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ); referred to in this Act as digital literacy skills ) and accelerate the acquisition of skills and recognized postsecondary credentials by participants, and activities to strengthen the professional development of providers and workforce professionals, and how the entities will ensure such technology is accessible to individuals with disabilities; the methods used for joint planning and coordination of the core programs; how the State will assess the overall effectiveness of the workforce investment system in the State; and how the activities described in clause
(i)will be coordinated with economic development strategies and activities in the State. The unified State plan shall describe the State operating systems and policies that will support the implementation of the strategy described in paragraph (1)(F), including a description of— State actions to assist local boards, one-stop partners, and one-stop operators, as appropriate, in local areas, in developing, refining, changing, or otherwise implementing the one-stop delivery system in those areas, including assisting with training and establishing qualifications for one-stop delivery system staff and members of local boards, and how such actions will ensure effective delivery of services to workers, jobseekers, and employers; the State board, including the activities conducted to train and develop members of the State board and the staff of such board to carry 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); the common data collection and reporting processes used for the one-stop partner programs in the system; 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 131(b); and how other one-stop partner programs will be assessed each year; the results of an assessment of the effectiveness of the core programs and other one-stop partner programs during the preceding 2-year period; the methods and factors the State will use in distributing funds under the core programs, in accordance with the provisions authorizing such distributions; 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; how such agencies will use the system to assess the progress of participants that are exiting core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; and the privacy safeguards incorporated in such system, including safeguards required by section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and other applicable Federal laws; how the entity carrying out a core program will carry out the activities to provide outreach to populations, including youth, and individuals with barriers to employment (including youth with disabilities and other individuals with disabilities), who can benefit from one-stop partner programs; how the State will implement the priority of service provisions for veterans in accordance with the requirements of section 4215 of title 38, United States Code; how the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with section 288 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; how the State will assist local boards, one-stop partners, and one-stop operators in implementing and transitioning to an integrated, technology-enabled intake and case management information system for programs carried out under the Act and programs carried out by one-stop partners, that includes common intake information and procedures for sharing participant demographic and contact information in order to prevent duplication of data collection and promote access to the array of services for which participants are eligible; and such other operational planning elements as the Secretary of Labor and Secretary of Education determine to be necessary for effective State operating systems and policies. The unified State plan shall include— with respect to activities carried out under title II, a description of— State policies or guidance, for the statewide workforce development system; the State's policies and strategies for use of State funds for workforce investment activities; 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 116(c), including a description of how the State consulted with the local boards and chief elected officials in determining the planning regions; the appeals process referred to in section 116(a)(4) relating to designation of local areas; the appeal process referred to in section 221(h)(2)(E), relating to determinations for infrastructure funding; and with respect to youth workforce investment activities authorized in section 229, information identifying the criteria to be used by local boards in awarding grants for youth workforce investment activities, including criteria that the Governor and local boards will use to identify effective and ineffective youth workforce investment activities and providers of such activities; with respect to activities carried out under title III, a description of— how the eligible agency will, if applicable, align content standards for adult education with State adopted standards for college and career readiness; how the State will fund local activities using considerations specified in section 331(e) for— activities under section 331(b); programs for corrections education under section 325; programs for integrated English literacy and civics education under section 343; and integrated education and training; how the State will use the funds to carry out activities under section 323; how the eligible agency will provide technical assistance and use incentives and sanctions to improve eligible provider performance; and how the eligible agency will assess the quality of providers of adult education and literacy activities under title III and take actions to improve such quality, including providing the activities described in section 323(a)(1)(B); 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 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 and the Secretary of Education determine are necessary to administer that program but cannot reasonably be applied across all such programs. The unified State plan shall include assurances— 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; 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; 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 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; that the State has established, in accordance with section 131(i), 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 chapters 2 and 3 of subtitle B of title II; that the State will annually monitor local areas to ensure compliance with the uniform administrative requirements under section 284(a)(3); that the State has taken appropriate action to secure compliance with uniform administrative requirements in this Act; that the State has taken the appropriate actions to be in compliance with section 288; 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; that the eligible agency under title III will— expend the funds appropriated to carry out that title only in a manner consistent with fiscal requirements under section 341(a) (regarding supplement and not supplant provisions); and ensure that there is at least 1 eligible provider serving each local area; that the State will pay an appropriate share (as defined by the State board) of the costs of carrying out subtitle B, from funds made available through each of the core programs; and regarding such other matters as the Secretary of Labor and the Secretary of Education determine to be necessary for the administration of the core programs. The initial unified State plan under this section (after the date of enactment of this Act) shall be submitted not later than 120 days prior to the commencement of the second full program year after the date of enactment of that Act. Except as provided in subparagraph (A), a unified State plan shall be submitted not later than 120 days prior to the end of the 4-year period covered by the preceding unified State plan. A unified State plan shall be subject to the approval of both the Secretary of Labor and the Secretary of Education, after approval of the Commissioner of the Rehabilitation Services Administration for the portion of the plan described in subsection (b)(2)(D)(iii). The unified State plan shall be considered to be approved at the end of the 90-day period beginning on the day the plan is submitted, unless the Secretary of Labor or the Secretary of Education makes a written determination, during the 90-day period, that the plan is inconsistent with the provisions of this section or the provisions authorizing the core programs, as appropriate. At the end of the first 2-year period of any 4-year unified State plan, the State board shall review the unified State plan, and the Governor shall submit modifications to the plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified State plan. A modified unified State plan submitted for the review required under subparagraph
(A)shall be subject to the approval requirements described in paragraph (2). A Governor may submit a modified unified State plan at such other times as the Governor determines to be appropriate, and such modified unified State plan shall also be subject to the approval requirements described in paragraph (2). The Secretary of Labor and the Secretary of Education shall establish a process for approving and may approve unified State plans that meet the requirements of this section and are submitted to cover periods commencing prior to the second full program year described in paragraph (1).
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Sec. 112
Unified State plan
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