§ 15-4-2207 - State plan for workforce investment system strategy.
15-4-2207. State plan for workforce investment system strategy.
(a) By April 1, 2000, the Governor shall submit to the United States Secretary of Labor and other approval authorities, as appropriate, a state plan outlining the state's five-year strategy for the statewide workforce investment system of the state.
(b) The state plan shall include:
(1) A description of the state board, including a description of the manner in which the board collaborated in the development of the state plan and a description of how the board will continue to collaborate in carrying out the functions described in this section;
(2) A description of state-imposed requirements for the statewide workforce investment system;
(3) A description of the state performance accountability system developed for the workforce investment activities to be carried out through the statewide workforce investment system, including, but not limited to, information identifying state performance measures;
(4) Information describing:
(A) The needs of the state with regard to current and projected employment opportunities by occupation;
(B) The job skills necessary to obtain employment opportunities;
(C) The skills and economic development needs of the state; and
(D) The type and availability of workforce investment activities in the state;
(5) An identification of local areas designated in the state, including a description of the process used for the designation of the areas;
(6) An identification of criteria to be used by chief elected officials for the appointment of members of local boards;
(7) The detailed plans required under section 8 of the Wagner-Peyser Act, 29 U.S.C. 49g;
(8) (A) A description of the procedures that will be taken by the state to assure coordination of and avoid duplication among:
(i) Workforce investment activities authorized under this subchapter;
(ii) Other activities authorized under this subchapter;
(iii) Programs authorized under the Wagner-Peyser Act, 29 U.S.C. 49 et seq., title I of the Rehabilitation Act of 1973, 29 U.S.C. 720 et seq., part A of title IV of the Social Security Act, 42 U.S.C. 601 et seq., and section 6(d)(4) of the Food Stamp Act of 1977, 7 U.S.C. 2015(d)(4); activities authorized under title V of the Older Americans Act of 1965, 42 U.S.C. 3056 et seq.; and postsecondary vocational education activities authorized under the Carl D. Perkins Vocational and Applied Technology Education Act, 20 U.S.C. 2301 et seq.;
(iv) Work programs authorized under section 6(o) of the Food Stamp Act of 1977, 7 U.S.C. 2015(o);
(v) Activities authorized under chapter 2 of title II of the Trade Act of 1974, 19 U.S.C. 2271 et seq.;
(vi) Activities authorized under chapter 41 of title 38, United States Code;
(vii) Employment and training activities carried out under the Community Services Block Grant Act, 42 U.S.C. 9901 et seq.;
(viii) Activities authorized under the National and Community Service Act of 1990, 42 U.S.C. 12501 et seq.;
(ix) Employment and training activities carried out by the Department of Housing and Urban Development; and
(x) Programs authorized under state unemployment compensation laws; and
(B) A description of the common data collection and reporting processes used for the programs and activities;
(9) A description of the process used by the state to provide an opportunity for public comment, including comment by representatives of businesses and representatives of labor organizations, and input into development of the plan, prior to submission of the plan;
(10) Information identifying how the state will use funds the state receives under this subchapter to leverage other federal, state, local, and private resources in order to maximize the effectiveness of the resources and to expand the participation of business, employees, and individuals in the statewide workforce investment system;
(11) Assurances that the state will provide for fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of and accounting for funds paid to the state;
(12) (A) A description of the methods and factors the state will use in distributing funds to local areas for youth activities and adult employment and training activities, including:
(i) A description of how the individuals and entities represented on the state board were involved in determining the methods and factors of distribution; and
(ii) A description of how the state consulted with chief elected officials in local areas throughout the state in determining the distribution;
(B) Assurances that the funds will be distributed equitably throughout the state, and that no local areas will suffer significant shifts in funding from year-to-year; and
(C) A description of the formula prescribed by the Governor for the allocation of funds to local areas for dislocated worker employment and training activities;
(13) Information specifying the actions that constitute a conflict of interest;
(14) With respect to the one-stop delivery systems, a description of the strategy of the state for assisting local areas in development and implementation of fully operational one-stop delivery systems in the state;
(15) A description of the appeals process;
(16) A description of the competitive process to be used by the state to award grants and contracts in the state for activities carried out under this subchapter;
(17) With respect to the employment and training activities for adults:
(A) A description of:
(i) The employment and training activities that will be carried out with the funds received by the state through the allotment;
(ii) How the state will provide rapid response activities to dislocated workers from funds reserved for the purposes, including the designation of an identifiable state rapid response dislocated worker unit to carry out statewide rapid response activities;
(iii) The procedures the local boards in the state will use to identify eligible providers of training services; and
(iv) How the state will serve the employment and training needs of dislocated workers, low-income individuals, individuals training for nontraditional employment, and other individuals with multiple barriers to employment; and
(B) An assurance that veterans will be afforded the employment and training activities by the state, to the extent practicable;
(18) With respect to youth activities, information:
(A) Describing the state strategy for providing comprehensive services to eligible youth, particularly those eligible youth who are recognized as having significant barriers to employment;
(B) Identifying the criteria to be used by local boards in awarding grants for youth activities, including criteria that the Governor and local boards will use to identify effective and ineffective youth activities and providers of the activities;
(C) Describing how the state will coordinate the youth activities carried out in the state with the services provided by Job Corps centers in the state; and
(D) Describing how the state will coordinate youth activities with activities carried out through the youth opportunity grants;
(19) A description of the eligibility criteria set by the state to certify training providers including postsecondary institutions certified under the Higher Education Act, apprenticeship programs registered under the National Apprenticeship Act, and other public or private providers of training. Criteria shall be established for both initial and subsequent eligibility and shall be applied equitably to all training providers. The state shall develop this criteria with input from the public and the training providers; and
(20) A description of how the state will ensure that local workforce investment board plans include information as to how they will support the Transitional Employment Assistance implementation plans for the counties in its service areas.
(c) The state plan submitted to the United States Secretary of Labor shall be considered to be approved by the United States Secretary of Labor at the end of the ninety-day period beginning on the day the United States Secretary of Labor receives the plan, unless the United States Secretary of Labor makes a written determination, during the ninety-day period, that:
(1) The plan is inconsistent with the provisions of this subchapter; and
(2) In the case of the portion of the plan described in section 8(a) of the Wagner-Peyser Act, 29 U.S.C. 49g(a), the portion does not satisfy the criteria for approval.
(d) The state may submit modifications to a state plan in accordance with the requirements of this section as necessary during the five-year period covered by the plan.
(e) The General Assembly authorizes for inclusion in the state plan those programs referenced in section 501(b)(2)(A) of Pub. L. No. 105-220. Such inclusion shall have the concurrence of the State Board of Workforce Education and Career Opportunities.