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Code · BILL · 117th Congress · H.R. 7309 (Reported in House) — To reauthorize the Workforce Innovation and Opportunity Act. · Sec. 202

Sec. 202. Unified State plan

1,699 words·~8 min read·/bill/117/hr/7309/rh/section-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 102 ( 29 U.S.C. 3112 ) is amended— in subsection (b)— by amending paragraph
(1)to read as follows: The unified State plan shall include strategic planning elements consisting of a strategic vision and goals for preparing an educated and skilled workforce, that include— a summary and conclusions of analysis conducted of the economic conditions in the State using labor market information, including— existing and emerging in-demand industry sectors and occupations; the industry or sector partnerships within the State and the opportunities for expansion of such partnerships to support sector-specific initiatives; projected industries or sectors within the State expected to decline or face significant changes in employment opportunities; and the employment needs of employers, including a description of the knowledge, skills, competencies, and abilities currently needed and projected to be needed, in those industries and occupations; a summary and conclusions of analysis conducted of the current workforce using labor market information, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce, including individuals with barriers to employment, in the State; an analysis of the workforce development activities (including supportive services, career services, education, and training) in the State, in coordination with the Perkins-eligible agency in the State, in order to address the identified education and skill needs of the workforce and the employment needs of employers in the State, including— an analysis of the strengths and weaknesses of such activities; the capacity of State entities to provide such activities that meet the specific needs of youth, including opportunity youth, and individuals with barriers to employment; an analysis of educational, skill, and competency levels of individuals served by the workforce system as compared to such levels required to address the employment needs in the State; and an analysis of the career pathways offered within the State, including an analysis of how such pathways are aligned to the education and training needs of the current and future workforce within the State, and the development and expansion of career pathways to meet current and future workforce needs; a description of— the State’s strategic vision and goals for preparing an educated and skilled workforce, including preparing youth (including opportunity youth), and individuals with barriers to employment and for meeting the skilled workforce needs of employers (including in existing and emerging in-demand industry sectors and occupations as identified by the State), and goals of the State relating to performance accountability measures based on primary indicators of performance described in section 116(b)(2)(A), in order to support economic growth and economic self-sufficiency; how the State will assess the overall effectiveness of the workforce investment system in the State; the career pathways offered within the State, including an analysis of how such pathways are aligned to the education and training needs of the current and future workforce within the State, and the development and expansion of career pathways to meet current and future workforce needs; and how the State will work with local areas to achieve equitable service delivery and outcomes for individuals with barriers to employment, including employment and earnings outcomes by applying the information provided in the State equity report, for such State under section 116(f); a description of strategies the State intends to adopt to achieve the vision and each goal described in subparagraph
(D)through— joint planning, alignment, coordination, and leveraging of funds between— core programs under this Act; and other Federal programs, as determined appropriate by the State, such as— programs and activities under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ); programs under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ); programs under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); programs under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ); apprenticeship programs; and the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); and the provision of information about access to available State assistance or assistance under related Federal programs, including such assistance under— section 6(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d) ); section 3672(c)(1) of title 38, United States Code; section 231 of the Second Chance Act of 2007 ( 34 U.S.C. 60541 ); and the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ; by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph
(1)the following: The Governor and State board shall— develop the unified State plan in consultation with— representatives of local boards and chief elected officials; the community colleges in the State; eligible providers of training services, including eligible providers of nontraditional training services and eligible providers of apprenticeship programs and pre-apprenticeship programs, and eligible providers of on-the-job training, customized training, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional jobs, secondary schools and institutions of higher education (including institutions offering career and technical education programs, minority-serving institutions, and historically Black colleges and universities), and providers of supported employment services; interested community representatives, including community-based organizations; individuals with barriers to employment or organizations representing such individuals; representatives of business and industry, including representatives of small business and representatives of industry and sector partnerships in the State; representatives of labor organizations and joint labor-management organizations in the State; representatives of agencies serving opportunity youth, and homeless children and youth, including the State Coordinator for Education of Homeless Children and Youths established or designated under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(d)(3) ); representatives of Indian tribes and tribal organizations located in, or providing services in, the State; representatives of the Perkins-eligible agency; representatives of the adult education and literacy community; and other primary stakeholders; and consult the heads of other State agencies with respect to the development of the unified State plan, including the State designated unit under subparagraph
(A)of section 101(a)(11) of the Rehabilitation Act of 1973. Not less than 60 days prior to submission of the unified State plan, the Governor shall provide stakeholders described in subparagraph (A)(i) with the opportunity to provide written comments on the unified State plan that shall— be included in the final unified State plan; and include comments on whether and how the unified State plan— meets the requirements of this Act; supports the improvement of performance of individuals with barriers to employment; supports the employment needs of the State (including the business community, labor organizations, education and training providers, and other relevant parties), including in the design and content of the training, work experience, career exploration, on-the-job training, and other career and training activities (including information related to employment opportunities, wage rates, benefits, career pathways, and in-demand industry sectors and occupations); and takes into account collective bargaining agreements that include training or subsidized employment, including how the elements of such training or employment may affect the bargaining agreement (such as wages, benefits, and other factors). Each unified State plan shall include a written response to the comments provided by stakeholders under clause (i). ; in paragraph (3), as so redesignated— in subparagraph (B)— in clause (iv), by striking colleges and area career and technical education schools and inserting colleges, secondary schools and area career and technical education schools, and adult education providers under title II ; in clause (v), by striking and at the end; by amending clause
(vi)to read as follows: how the State’s strategy will— improve access to activities leading to a recognized postsecondary credential (including credentials that are portable, stackable, and aligned to high-skill, high-wage, or in-demand industry sectors and occupations); and assess and validate the skills and competencies of such credentials and alignment to new or existing career pathways; and ; and by adding at the end the following: how the State will work with local areas to achieve equitable service delivery and outcomes for individuals with barriers to employment by applying the information provided in the State equity report for such State under section 116(f). ; in subparagraph (D)— in clause (i)(II), by striking local boards and chief elected officials in determining the planning regions and inserting State economic development agency to support alignment to the extent practicable, local boards and chief elected officials in determining the planning regions and work of such regions ; and in clause (ii)— in subclause (V), by inserting and at the end; and by adding at the end the following: how the eligible agency will promote the professionalization of adult education through the adoption of full-time staffing models, including, at the eligible agency’s discretion, how the eligible agency will give funding priority to local providers that have adopted such models; ; and in subparagraph (E)— in clause (iii)— in subclause (I), by inserting , ensuring that services and resources are accessible throughout the State and local areas, including in urban, rural and suburban areas after such programs ; and by amending subclause
(II)to read as follows: that the State obtained input into the development of the unified State plan and provided an opportunity for comment on the plan by the individuals listed in subsection (b)(2)(A)(i), and that the unified State plan is published on a publicly accessible website; ; and by striking and at the end of clause (ix); in clause (x), by striking the period at the end and inserting a semicolon; and by adding at the end the following: that the employment services authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) are performed by public employees under a merit system; and that the State will not prohibit self-attestation in a manner consistent with section 402A(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(e) ) as a means for determining eligibility for a program or service under this Act of any individual who is so self-attesting. ; and in subsection (c)— in paragraph (1)(A), by striking the Workforce Innovation and Opportunity Act and inserting the ; and Workforce Innovation and Opportunity Act of 2022 by striking paragraph (4)
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