SENATE AMENDED
PRIOR PRINTER'S NOS. 4176, 4516, 4568, PRINTER'S NO. 4741
4639
No. 2778 Session of 2002
INTRODUCED BY TULLI, FLICK, PERZEL, MANN, BOYES, CAPPELLI,
BISHOP, L. I. COHEN, COSTA, J. EVANS, GEORGE, HENNESSEY,
LAUGHLIN, LEDERER, MELIO, PRESTON, RUBLEY, J. TAYLOR, TRELLO,
YOUNGBLOOD, E. Z. TAYLOR, HORSEY AND ALLEN, JUNE 28, 2002
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 27, 2002
AN ACT
1 Amending the act of December 18, 2001 (P.L.949, No.114),
2 entitled "An act establishing a unified workforce investment
3 system; restructuring certain administrative functions,
4 procedures and entities; transferring workforce development
5 functions of Commonwealth agencies; establishing the
6 Pennsylvania Workforce Investment Board; providing for
7 critical job training grants; and authorizing local workforce
8 investment boards," further providing for definitions, for
9 staff and operations and, for critical job training grants; <--
10 providing for TAP workforce development scholarship accounts
11 AND FOR SELF-EMPLOYMENT ASSISTANCE; and further providing for <--
12 the expiration of the act. AND FOR WORKFORCE DEVELOPMENT <--
13 COURSES.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The title of the act of December 18, 2001 <--
17 (P.L.949, No.114), known as the Workforce Development Act, is
18 amended to read:
19 AN ACT
20 Establishing a unified workforce investment system;
21 restructuring certain administrative functions, procedures
1 and entities; transferring workforce development functions of
2 Commonwealth agencies; establishing the Pennsylvania
3 Workforce Investment Board; providing for critical job
4 training grants, for guarantees for program quality and
5 performance for workforce development programs, for workforce
6 leadership grants and, for TAP workforce development <--
7 scholarship accounts AND FOR SELF-EMPLOYMENT ASSISTANCE; and <--
8 authorizing local workforce investment boards.
9 Section 2. Section 102(4) of the act is amended to read:
10 Section 102. Declaration of policy.
11 The General Assembly finds and declares as follows:
12 * * *
13 (4) Achievement of a world-class workforce in this
14 Commonwealth is best accomplished through a unified system
15 which is dedicated to and operates in adherence with the
16 following basic philosophy and core values:
17 (i) Economic competitiveness based on improvements
18 in productivity, quality and service.
19 (ii) Excellence and informed choice in education,
20 training opportunities, workplace preparation and career
21 decision making for eligible youth and adults.
22 (iii) A strong work ethic, mutual respect, a
23 commitment to lifelong learning and the valuing of all
24 workers and their work.
25 (iv) Stewardship of public resources, emphasizing
26 private sector solutions to workforce investment goals
27 supplemented by public/private partnerships and limited
28 government involvement when necessary.
29 (v) The highest-quality delivery of market-driven
30 services which are readily identifiable and easily
20020H2778B4741 - 2 -
1 accessible and which consider the abilities and work-
2 support needs of a diverse population.
3 (vi) Continuous quality improvement through
4 cooperation and collaboration among all who participate
5 in the unified system in order for individuals to earn
6 family-sustaining wages for economic self-sufficiency.
7 (vii) Guaranteeing the quality and performance of
8 workforce development programs and the skill training
9 provided to employees, incumbent workers, job seekers and
10 students.
11 * * *
12 Section 3. The definitions of "certification" "participating <--
13 agencies" and "workforce development" in section 103 of the act
14 are amended and the section is amended by adding definitions to
15 read:
16 Section 103. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
21 "Certification." An approval issued by the Governor, upon
22 recommendation by the board, to a local workforce investment
23 board which satisfies the eligibility requirements established
24 by the Governor, upon recommendation by the board.
25 * * *
26 "COO." The chief operating officer as established in section
27 303.1.
28 * * *
29 "Participating agencies." All of the following: <--
30 (1) The Department of Aging.
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1 (2) The Department of Community and Economic
2 Development.
3 (3) The Department of Education.
4 (4) The Department of Health.
5 [(4)] (5) The Department of Labor and Industry.
6 [(5)] (6) The Department of Public Welfare.
7 [(6)] (7) Any agency which oversees and monitors funds
8 appropriated by the Federal Government and designated by the
9 Governor or funds specifically appropriated by the General
10 Assembly for workforce investment which falls under the
11 authority of the board.
12 * * *
13 "TAP workforce development scholarship accounts." Accounts
14 to be used for workforce development training established by one
15 or more local workforce investment boards under the act of April
16 3, 1992 (P.L.28, No.11), known as the Tuition Account Programs
17 and College Savings Bond Act, and the Department of Treasury's
18 operation of the tuition account program pursuant to that act.
19 * * *
20 "Workforce development." Information access and lifelong
21 learning activities. The term includes vocational education
22 programs; programs in community colleges, technical colleges and
23 postsecondary education institutions authorized to grant
24 diplomas and certificates, specialized associate, associate,
25 baccalaureate and advanced degrees; and transitional support and
26 work support services or activities which enable customers to
27 engage in or prepare for employment opportunities.
28 * * *
29 Section 4. Sections 301 and 302(a), (d), (f) and (i) AND (F) <--
30 of the act are amended to read:
20020H2778B4741 - 4 -
1 Section 301. Establishment.
2 The Pennsylvania Workforce Investment Board is established to
3 advise and assist the Governor and the General Assembly on the
4 implementation of a unified system to assure a well-educated,
5 highly skilled workforce. The board is responsible for unifying
6 the Commonwealth's existing Federal and State workforce
7 investment programs into an integrated system[.] and managing
8 such workforce development programming as directed by the
9 Governor or established by law. All recommendations and
10 decisions of the board shall be in compliance with the Workforce
11 Investment Act of 1998 (Public Law 105-220, 112 Stat. 936).
12 Section 302. Membership.
13 (a) General rule.--The board shall be established as
14 follows:
15 (1) The Governor or a designee.
16 (2) Four members of the General Assembly:
17 (i) Two senators, one appointed by the President pro
18 tempore of the Senate and one appointed by the Minority
19 Leader of the Senate.
20 (ii) Two representatives, one appointed by the
21 Speaker of the House of Representatives and one appointed
22 by the Minority Leader of the House of Representatives.
23 (3) [Representatives appointed by the Governor who are:] <--
24 The Governor shall appoint to serve at the pleasure of the
25 Governor the following members:
26 (i) Representatives of business, including private
27 sector employers, representatives from each of the
28 Commonwealth's marketing regions, owners of businesses,
29 chief executive officers, other business executives with
30 optimum policymaking or hiring authority, members of
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1 local workforce investment boards and businesses that
2 reflect the employment opportunities in this
3 Commonwealth, including large and small employers.
4 (ii) Chief elected officials[.], nominated by
5 Statewide organizations or associations representing
6 political subdivisions ELECTED OFFICIALS. <--
7 (iii) Representatives of labor organizations who
8 have been nominated by State labor federations.
9 (iv) Representatives of individuals and
10 organizations experienced with respect to youth
11 activities.
12 (v) Representatives of organizations which have
13 experience and expertise in the delivery of workforce
14 investment activities, including chief executive officers
15 of community colleges, technical colleges and community-
16 based organizations in this Commonwealth.
17 (vi) Lead Commonwealth agency officials, including:
18 (A) The Secretary of Aging.
19 (B) The Secretary of Community and Economic
20 Development.
21 (C) The Secretary of Education.
22 (D) The Secretary of Health. <--
23 [(D)] (E) The Secretary of Labor and Industry. <--
24 [(E)] (F) The Secretary of Public Welfare. <--
25 [(F)] (G) The Director of the Governor's Policy <--
26 Office.
27 (vii) Any other representative or Commonwealth
28 agency official the Governor deems necessary.
29 (4) A majority of the board under this subsection must
30 be representatives [of business] as described under paragraph <--
20020H2778B4741 - 6 -
1 (3)(i).
2 (5) The Governor shall solicit recommendations from
3 State, regional and local business organizations in making
4 appointments to the board.
5 * * *
6 [(d) Staff.--The board may employ a limited staff to
7 implement the decisions of the board.]
8 * * *
9 (f) Executive committee.--An executive committee that
10 includes representation from the private sector may be
11 established and authorized under the board to [oversee and
12 monitor the unified system] fulfill the board's
13 responsibilities. The organization framework may utilize
14 existing staff structure or develop its own staffing
15 arrangement.
16 * * *
17 (i) Personnel, equipment, resources.--The policy and program <--
18 offices of the Department of Aging, the Department of Community
19 and Economic Development, the Department of Education, the
20 Department of Health, the Department of Labor and Industry and
21 the Department of Public Welfare shall provide personnel,
22 equipment and resources as required for the functioning of the
23 board.
24 Section 5. The act is amended by adding a section to read:
25 § 303.1. Role of chairperson, chief operating officer (COO) and
26 staff.
27 (a) Management.--The COO under the direction of the Governor
28 shall work with the chairperson and members of the board, manage <--
29 the operation and staffing of the board and establish an agenda,
30 priorities and policies for the board. AND IN COOPERATION WITH <--
20020H2778B4741 - 7 -
1 THE CHAIRPERSON AND MEMBERS OF THE BOARD SHALL MANAGE THE
2 OPERATION AND STAFFING OF THE BOARD. THE COO SHALL WORK WITH THE
3 GOVERNOR, THE CHAIRPERSON AND THE MEMBERS OF THE BOARD TO
4 ESTABLISH AN AGENDA, PRIORITIES AND POLICIES FOR THE OPERATION
5 AND STAFFING OF THE BOARD AND ESTABLISH AN AGENDA, PRIORITIES
6 AND POLICIES FOR THE BOARD.
7 (b) Appointment.--The Governor shall appoint a COO for the
8 board, WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. The COO <--
9 shall report to the Governor and shall be the chief workforce
10 development advisor to the Governor. The Governor may consult
11 with the chairperson and the members of the board in the
12 selection of the COO.
13 (c) Responsibilities.--The COO shall have the following
14 responsibilities:
15 (1) The COO shall work with the chairperson and the
16 membership of the board:
17 (i) To implement the agenda, priorities and policies
18 of the Governor and the board.
19 (ii) To make recommendations to the Governor and the
20 participating agencies on the subjects provided in
21 paragraphs (2), (4) and (5).
22 (iii) In representing the board as provided in
23 paragraph (6).
24 (iv) In serving as the primary liaison with the
25 Federal Government as provided in paragraph (7).
26 (2) The COO shall have the responsibility to manage
27 programs as directed by the Governor and provided by law, and
28 to work with the participating agencies to coordinate
29 funding, programs and services within the unified system.
30 (3) The COO shall employ A LIMITED staff to implement <--
20020H2778B4741 - 8 -
1 the decisions of the Governor and the board and to carry out
2 the program responsibilities of the board. The operating
3 budget for the board shall be included in the appropriation
4 request of the Department of Labor and Industry, which shall
5 also provide legal services to the board.
6 (4) The COO, in consultation with the board, shall make
7 recommendations to the Governor and the participating
8 agencies on the coordination and implementation of community <--
9 college, technical college and workforce development
10 services. AN INTEGRATED AND SEAMLESS SECONDARY AND <--
11 POSTSECONDARY EDUCATION AND TRAINING WITH AREA VOCATIONAL-
12 TECHNICAL SCHOOLS AND CAREER TECHNOLOGY CENTERS; SECONDARY
13 SCHOOLS, INCLUDING CHARTER SCHOOLS AT THESE GRADE LEVELS;
14 COMMUNITY COLLEGES; TECHNICAL COLLEGES; AND INSTITUTIONS WITH
15 BACCALAUREATE AND GRADUATE DEGREE PROGRAMS. He shall work
16 with the community colleges, technical colleges and other
17 postsecondary institutions to establish partnerships and to
18 integrate their programming with the workforce investment
19 system.
20 (5) The COO, in consultation with the board, shall make
21 recommendations to the Governor and the participating
22 agencies for changes to Federal and State laws, regulations
23 and policies that will improve cooperation and collaboration
24 among the participating agencies in the delivery of workforce
25 development services and programs.
26 (6) The COO shall represent the board at such times and
27 places as determined by the board.
28 (7) The COO, as directed by the Governor, shall serve as
29 the primary liaison with the Federal Government on workforce
30 development issues.
20020H2778B4741 - 9 -
1 Section 6. Section 304 of the act is amended to read:
2 Section 304. Plan, functions and responsibilities.
3 (a) General rule.--The board, in furtherance of section 102,
4 shall advise and assist the Governor on all of the following:
5 (1) Development and adoption of and adherence to,
6 throughout the unified system, standards, principles,
7 policies, goals, financial resource investment priorities and
8 strategies for workforce investment to maintain continuously
9 a competitive advantage for this Commonwealth.
10 (2) Monitoring and assuring collaboration of the
11 investment of all funds specifically appropriated by the
12 Federal Government and designated by the Governor or funds
13 specifically appropriated by State government for workforce
14 investment under any Federal or State statute.
15 (3) Assuring that no funds designated for Statewide
16 youth activities are used to develop or implement education
17 curricula for school districts.
18 (4) Examination of Federal and State statutes and
19 regulations to assess whether they present barriers to
20 achieving the provisions of this act and to recommend to the
21 Federal Government, the Governor and the General Assembly
22 amendments to statutes and regulations and waivers of
23 regulations to eliminate barriers and to promote the
24 provisions of this act.
25 (5) Development and dissemination of appropriate and
26 necessary research and statistical information, to set the
27 requisite protocols and standards for common data reference,
28 to engage in or sponsor studies to identify unified system
29 needs and to gather and disseminate information.
30 (6) Establishment of and adherence to performance-based
20020H2778B4741 - 10 -
1 quality assurance standards designed to optimize unified
2 system function, performance and effectiveness.
3 (7) Evaluation of the unified workforce investment plans
4 submitted by local workforce investment boards consistent
5 with local plan requirements developed by the board. The
6 objective of the plans is to develop local and regional
7 templates from which Federal and State funds can be aligned
8 and targeted toward common goals and objectives.
9 (8) [Implementation of mechanisms to secure] Securing
10 appropriate input from local workforce investment boards in
11 the development of policies, local performance measures or
12 investment strategies.
13 (9) Establishment and maintenance of a universally
14 accessible information access system which enables the
15 unified system to function and serve its customers
16 effectively.
17 (10) Contracting or developing written agreements or
18 memoranda of understanding with participating agencies for
19 the administration and management of workforce investment
20 programs and activities under the responsibility of the
21 board.
22 (11) Providing technical assistance to local workforce
23 investment boards to assist them in maximizing the investment
24 of public money.
25 (12) Setting the criteria for unified system and service
26 provider participation and developing a systemwide marketing
27 program.
28 (13) Recommending certification or recertification of
29 local workforce investment boards by giving consideration to
30 all of the following:
20020H2778B4741 - 11 -
1 (i) The proposed local workforce investment board's
2 leadership system and its capability to effectively
3 monitor and assure collaboration of workforce investment
4 programs.
5 (ii) The portion of the labor market or geographical
6 area to be served by the proposed local workforce
7 investment board.
8 (14) Recommending necessary action if a local workforce
9 investment board fails to act, acts improperly or fails to
10 meet the conditions of its unified local workforce investment
11 plan in which Federal or State funds have been invested.
12 (15) Recognition of the potential of citizens, employers
13 and communities in this Commonwealth by affirming the
14 continued existence and independence of all current funding
15 streams and programs for persons with disabilities while
16 ensuring that employment-related programs for individuals
17 with disabilities operate efficiently.
18 (16) Assessment of the economic and workforce needs of
19 this Commonwealth and to develop the unified system to build
20 on available services and resources to effectively meet these
21 Statewide needs.
22 (17) Establishing cooperative and collaborative
23 relationships with other states' unified system governing
24 bodies.
25 (18) Assuring the implementation of Federal and State
26 statutory mandates which fall within the purview of the
27 unified system.
28 (19) Establishing standards for the use of Federal
29 funding for training services and policies for a local
30 workforce investment board to meet the standards.
20020H2778B4741 - 12 -
1 (20) Managing such workforce development programming as
2 directed by the Governor or provided by law.
3 [(19)] (21) Compilation of an annual report which shall
4 be submitted to the General Assembly, the Secretary of the
5 Senate and the Chief Clerk of the House of Representatives by
6 March 1 and which shall include all of the following:
7 (i) A detailed explanation of the performance
8 measures used and how the performance measures were
9 developed.
10 (ii) An explanation of the process used to achieve
11 continuous improvement of workforce investment
12 activities.
13 (iii) The anticipated course of actions to be taken
14 by the board to encourage continuous improvement in the
15 unified system.
16 (iv) A list of the membership of the board,
17 including name, affiliation, address, telephone number,
18 telefax number and electronic mail address.
19 (v) An explanation of the process used to negotiate
20 levels of local performance.
21 (vi) A list of all certified local workforce
22 investment boards in this Commonwealth, including each
23 local workforce board's negotiated level of local
24 performance, each local workforce board's level of
25 performance attained and the action taken with respect to
26 any local workforce investment board which failed to meet
27 its negotiated level of local performance.
28 (vii) A copy of the annual report submitted by each
29 local workforce investment board to the board.
30 (viii) An accounting of Federal and State funds
20020H2778B4741 - 13 -
1 expended for workforce investment in the previous fiscal
2 year by line item and program.
3 (b) Assistance offered.--The recommendations and assistance
4 offered under subsection (a) may include the one-stop operating
5 system, designation of a lead agency for a particular workforce
6 program or programs and the consolidation of programs.
7 (c) Evaluation of plans.--In order to develop an effective
8 system to evaluate the unified workforce investment plans
9 submitted by local workforce investment boards, the board and
10 the COO shall:
11 (1) Seek the participation of the participating agencies
12 to ensure that the plans integrate workforce programs.
13 (2) Seek the advice of local workforce investment boards
14 to identify areas where federally and State-funded workforce
15 resources can be maximized in a local region.
16 (3) Work with the participating agencies and local
17 workforce investment boards to fully implement local
18 workforce investment plans.
19 (4) Ensure that local workforce investment plans
20 incorporate sufficient levels of community engagement,
21 participation and input from workforce development
22 partnerships.
23 The review of the plans shall determine the extent to which
24 State workforce development funds have been integrated with the
25 approved plan.
26 Section 7. The act is amended by adding a section to read:
27 Section 304.1. Program operations.
28 (a) Directives.--The board shall manage and establish
29 requirements for such workforce development programming as
30 directed by the Governor or established by law.
20020H2778B4741 - 14 -
1 (b) Grants and studies.--The board is authorized to conduct
2 studies, and to apply for and receive grants from the Federal
3 Government, or any agency thereof, charitable organizations or
4 other entities providing funding and technical assistance for
5 the improvement and operation of workforce development
6 programming.
7 Section 8. Section 305 of the act is repealed.
8 Section 9. The act is amended by adding sections to read:
9 Section 305.1. State performance management system.
10 (a) General rule.--The board and the COO shall establish a
11 system for the development, oversight, modification and
12 continuous improvement of a comprehensive performance
13 accountability system that will provide effective measures of
14 the performance and impact of the workforce development system
15 at the State and local levels. The system will include input
16 from board members, local workforce investment boards, operators
17 of the one-stop delivery system, workforce development program
18 providers, business and industry and the participating agencies. <--
19 as well as customers and participants from various programs <--
20 under this act. The system will be designed to produce
21 recommendations to the board and the Governor and shall function
22 within time frames established by the board and the COO. The
23 system shall be comprehensive and provide a reporting system for
24 program funding as established by the board and the COO. The
25 system shall:
26 (1) Identify one or more State agencies responsible for
27 the coordination and management of data.
28 (2) Identify systems for tracking and reporting of
29 information and determining the role of the State and local
30 workforce investment boards.
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1 (3) Enable the development and funding of a locally
2 based management information system that will provide local
3 workforce investment boards and the board with management
4 data.
5 (4) Enable revisions to the performance management
6 system. This may include recommendations to realign the
7 system and Federal and State funding for workforce
8 development programs.
9 (b) Required performance measures.--The State performance
10 management system shall include:
11 (1) Entry into unsubsidized employment.
12 (2) Retention in unsubsidized employment six months
13 after entry into the employment.
14 (3) Earnings received in unsubsidized employment six
15 months after entry into the employment.
16 (4) Attainment of a recognized credential relating to
17 achievement of educational skills, including attainment of a
18 secondary school diploma or its recognized equivalent, or
19 occupational skills by participants who enter unsubsidized
20 employment or by participants who are eligible youths between
21 the ages of 19 and 21 and who enter postsecondary education,
22 advanced training or unsubsidized employment.
23 (5) The use of Federal funds for training services,
24 including activities authorized under Chapter 2 of Title II
25 of the Trade Act of 1974 (Public Law 93-618, 19 U.S.C. § 2101
26 et seq.).
27 (6) Guarantees for program quality and performance.
28 (7) Uniform program performance measures.
29 The required performance measures in paragraphs (1) through (5)
30 may be modified by the board to be aligned with common
20020H2778B4741 - 16 -
1 performance measures adopted pursuant to revisions to the
2 Workforce Investment Act of 1998 (Public Law 105-220, 112 Stat.
3 936) or the adoption of common performance measures by the
4 Federal agencies covered by this act.
5 (c) Customer satisfaction.--As an indicator of performance,
6 customer satisfaction shall also be considered. The customer
7 satisfaction indicator of performance shall consist of customer
8 satisfaction of employers and participants with services
9 received from workforce investment activities. Customer
10 satisfaction may be measured through surveys conducted after the
11 conclusion of participation in the workforce investment
12 activities. These surveys shall include questions about whether
13 employers, grant recipients and participants are able to quickly
14 receive funding. and the board's ability to accommodate and <--
15 respond to the immediate employment needs within the regional
16 and local communities and job markets.
17 (d) Guarantees for program quality and performance.--
18 Ensuring the quality of workforce development programs is an
19 essential function of the board. The board shall establish one
20 or more quality performance guarantees for workforce development
21 programs under this act. A guarantee may include:
22 (1) A guarantee or warranty for the training provided to
23 an incumbent worker, employee, job seeker or student.
24 (2) Successful completion of a certificate or short-term
25 training class or program established by a college or
26 university, a private licensed school established under the
27 act of December 15, 1986 (P.L.1585, No.174), known as the
28 Private Licensed Schools Act, or a local workforce investment
29 board.
30 (3) Passage of a nationally recognized or industry-
20020H2778B4741 - 17 -
1 recognized certificate examination.
2 (4) A combination of paragraphs (1) through (3).
3 (5) Other requirements established by the board.
4 The program quality and performance guarantee shall provide for
5 additional education or training for persons who become employed
6 and are not able to perform their duties at a satisfactory
7 level, for employees receiving customized job training or other
8 training that is not satisfactory for the employer and for
9 students advancing to the next sequence of an integrated and
10 seamless secondary and postsecondary education program, as
11 established in section 902, who are not capable of performing at
12 this academic level. The board shall consult with local
13 workforce investment boards and program providers prior to the
14 adoption of the guarantees for program quality and performance.
15 The guarantee provisions shall be adopted by the board by June
16 30, 2003.
17 Section 305.2. Training services.
18 (a) General rule.--The board shall recommend to the Governor
19 criteria for the use of Federal funds for training services. The
20 criteria established by the Governor shall recommend allocation
21 and expenditure levels for adult and dislocated worker funding
22 under WIA Title I (Public Law 105-220, Title I § 101 et seq.)
23 that should be included by a local workforce investment board in
24 its unified workforce investment plan under section 504. In
25 making its recommendations the board shall consider all of the
26 following issues:
27 (1) The flexibility needed by local workforce investment
28 boards to deliver core, intensive and training services in
29 ways that can best serve both State and local workforce
30 needs.
20020H2778B4741 - 18 -
1 (2) One or more criteria for the allocation of adult and
2 dislocated worker funds for training services.
3 (3) Differing levels for the allocation and expenditure
4 of funds for training services. The levels may be based on:
5 the availability of other training funds, the availability of
6 certified training providers, the unemployment rate of the
7 county and region and other factors as determined by the
8 board for a local workforce investment area.
9 (4) Using the factors described in paragraphs (1), (2)
10 and (3) in the allocation and expenditure of adult and
11 dislocated worker funding when reviewing the unified
12 workforce investment plan of the local workforce investment
13 board.
14 (5) The allocation and expenditure criteria from prior
15 years, to the extent they exist.
16 (6) Social, economic and demographic changes and changes
17 to the workforce in the local workforce investment area in
18 the last five to ten years.
19 (7) The priorities of local workforce investment boards
20 identified in the local workforce investment plans.
21 (b) Consultation.--The board shall discuss the criteria and
22 the allocation and expenditure levels of adult and dislocated
23 worker funds for training services with local workforce
24 investment boards prior to recommending the criteria and an
25 allocation of funds.
26 Section 308.1 One-stop delivery system and local workforce
27 investment boards.
28 (a) General rule.--The board shall make recommendations to
29 the Governor for base level infrastructure funding for the one-
30 stop delivery system and for operating expenses for local
20020H2778B4741 - 19 -
1 workforce investment boards. The purpose of this funding will be
2 to cover the cost of operating and maintaining the one-stop
3 facilities, the infrastructure of the delivery system and the
4 operations of local workforce investment boards.
5 (b) Specific recommendations.--The board may make
6 recommendations in the following areas:
7 (1) The use of current Federal and State funds, to the
8 extent permissible by Federal and State laws and regulations,
9 to support the infrastructure requirements of the one-stop
10 delivery system and to support local workforce investment
11 boards.
12 (2) The development of other funding sources for
13 infrastructure and operating support.
14 (3) Criteria for the use and allocation of funds
15 recommended in paragraphs (1) and (2).
16 Section 10. Sections 501, 502(a) and 504 of the act are
17 amended to read:
18 Section 501. Establishment.
19 (a) Areas and local workforce investment boards.--
20 (1) Local workforce investment areas shall be designated
21 by the Governor through consultation with the board and the
22 chief elected officials and after consideration of comments
23 received through the public comment process. In making the
24 designation of local workforce investment areas, the Governor
25 shall take into consideration the following:
26 (i) Geographic areas served by school entities.
27 (ii) Geographic areas served by postsecondary
28 educational institutions, including community colleges
29 and technical colleges AND VOCATIONAL-TECHNICAL SCHOOLS <--
30 AND CAREER TECHNOLOGY CENTERS.
20020H2778B4741 - 20 -
1 (iii) The extent to which such local workforce
2 investment areas are consistent with labor market areas.
3 (iv) The distance that individuals will need to
4 travel to receive services provided in such local
5 workforce investment areas.
6 (v) The resources of such local workforce investment
7 areas that are available to effectively administer the
8 activities carried out under Federal and State law.
9 (2) Local workforce investment boards shall be
10 established in each local workforce investment area of this
11 Commonwealth, recommended for certification by the board and
12 certified by the Governor, to set policy for the portion of
13 the unified system within that local workforce investment
14 area. The local workforce investment boards shall work in
15 collaboration with the community colleges, technical colleges <--
16 and other postsecondary institutions in establishing
17 COLLABORATION WITH SECONDARY AND POSTSECONDARY EDUCATION AND <--
18 TRAINING WITH AREA VOCATIONAL-TECHNICAL SCHOOLS AND CAREER
19 TECHNOLOGY CENTERS; SECONDARY SCHOOLS, INCLUDING CHARTER
20 SCHOOLS AT THESE GRADE LEVELS; THE COMMUNITY COLLEGES;
21 TECHNICAL COLLEGES; AND INSTITUTIONS WITH BACCALAUREATE AND
22 GRADUATE DEGREE PROGRAMS IN ESTABLISHING workforce
23 development services.
24 (3) No local workforce investment board may conduct
25 business unless it is certified by the Governor.
26 (b) Purpose.--The purpose of each local workforce investment
27 board is to advise and assist the chief elected official in the
28 county or counties served by the local workforce investment
29 board by setting policy to promote effective workforce
30 investment programs in a designated geographic area.
20020H2778B4741 - 21 -
1 (c) [Liability.--The] Administration and liability.--
2 (1) The chief elected official in a local workforce
3 investment area shall serve as the local grant recipient for
4 and shall be liable for any misuse of the grant funds
5 allocated to the local workforce investment area under
6 Federal law or this act.
7 (2) The chief elected official in a local workforce
8 investment area may designate an entity to serve as a local
9 grant subrecipient for such funds or as a local fiscal agent.
10 Such designation shall not relieve the chief elected official
11 of liability for any misuse of grant funds as described in
12 paragraph (1).
13 (3) The local grant recipient or an entity designated
14 under paragraph (2) shall disburse such funds for workforce
15 investment activities at the direction of the local board,
16 pursuant to the requirements of this act.
17 Section 502. Membership.
18 (a) Composition.--
19 (1) A local workforce investment board appointed by the
20 chief elected official shall be as follows:
21 (i) A majority shall be representatives of business
22 in the local workforce investment area who:
23 (A) are owners of businesses, chief executives
24 or operating officers of businesses and other
25 business executives or employers with optimum
26 policymaking or hiring authority;
27 (B) represent businesses with employment
28 opportunities which reflect the employment
29 opportunities of the local workforce investment area;
30 and
20020H2778B4741 - 22 -
1 (C) are appointed from among individuals
2 nominated by local business organizations and
3 business trade associations.
4 (ii) Representatives of local educational entities,
5 including representatives of local educational agencies,
6 local school boards, entities providing adult education
7 and literacy activities, postsecondary educational
8 institutions [and], community colleges and technical
9 colleges, selected from among individuals nominated by
10 regional or local educational agencies, institutions or
11 organizations representing such local educational
12 entities.
13 (iii) In a local workforce investment area in which
14 employees are represented by labor organizations,
15 representatives nominated by local labor federations.
16 (iv) In a local workforce investment area in which
17 no employees are represented by labor organizations,
18 other representatives of employees.
19 (v) Representatives of community-based
20 organizations, which may include organizations
21 representing minorities [and], individuals with
22 disabilities, older workers and veterans, from a local
23 workforce investment area in which such organizations are
24 present.
25 (vi) Representatives of economic development
26 entities.
27 (vii) Representatives of each of the one-stop
28 delivery system partners.
29 (viii) Other individuals or representatives of
30 entities as the chief elected official in the local
20020H2778B4741 - 23 -
1 workforce investment area may determine to be
2 appropriate.
3 (2) Members of the local workforce investment board must
4 be individuals who have optimum policymaking authority within
5 the organizations, agencies or other entities which they
6 represent.
7 (3) The membership shall select a chairperson from the
8 private sector representatives.
9 (4) A local workforce investment board may hire limited
10 staff to implement the decisions of the local workforce
11 investment board.
12 * * *
13 Section 504. Plan, functions and responsibilities.
14 (a) Unified workforce investment plan.--A local workforce
15 investment board, in partnership with the chief elected official
16 of the county or counties served by the local workforce
17 investment board, shall submit to the Governor for approval a
18 unified workforce investment plan. The unified workforce
19 investment plan shall be developed through a process which
20 includes the opportunity for participation by current and
21 potential customers and service providers and which shall
22 contain, at a minimum, the following:
23 (1) A description of the local workforce investment
24 area's strategic economic and workforce vision and of how the
25 vision will be attained.
26 (2) A description of how the plan supports the
27 Commonwealth's overall mission and goals.
28 (3) An analysis of the local workforce investment area
29 market, including projected growth industries and declining
30 industries.
20020H2778B4741 - 24 -
1 (4) A description of the respective roles of the local
2 elected officials and the local workforce investment board.
3 (5) A description of programs for eligible youth.
4 (6) A description of the local workforce investment
5 area's one-stop delivery system.
6 (7) A description of the services to be provided to all
7 customers.
8 (8) A description of how coordination of workforce
9 development services and investment activities will occur[.], <--
10 particularly with PARTICULARLY WITH SECONDARY AND <--
11 POSTSECONDARY EDUCATION AND TRAINING WITH AREA VOCATIONAL-
12 TECHNICAL SCHOOLS AND CAREER TECHNOLOGY CENTERS; SECONDARY
13 SCHOOLS, INCLUDING CHARTER SCHOOLS AT THESE GRADE LEVELS;
14 community colleges, technical colleges; TECHNICAL COLLEGES; <--
15 and other postsecondary institutions INSTITUTIONS WITH <--
16 BACCALAUREATE AND GRADUATE DEGREE PROGRAMS serving the local
17 workforce investment area.
18 (9) A description of the allocation and expenditure of
19 adult and dislocated worker funding for training services.
20 (10) A description of the coordination of transportation
21 services with local transit agencies in order to effectively
22 meet the workforce needs of customers and the region.
23 [(9)] (11) If appropriate, a description of a regional
24 strategic component to the local plan.
25 [(10)] (12) If available, an analysis of regional market
26 trends.
27 (b) Functions and responsibilities.--A local workforce
28 investment board, in order to develop and implement a unified
29 workforce investment plan for the investment and utilization of
30 private and public resources to meet the current and future
20020H2778B4741 - 25 -
1 workforce investment needs of its region in furtherance of
2 section 102, has the following functions and responsibilities:
3 (1) To organize and elect a chairperson.
4 (2) To assess the economic and workforce needs of the
5 local workforce investment area and to develop a unified plan
6 which builds on available services and resources to
7 effectively meet the workforce and economic needs of the
8 local workforce investment area.
9 (3) To implement mechanisms to secure appropriate input
10 in the development of policies, performance standards or
11 investment strategies.
12 (4) To assist in the development of and collaboration
13 within the one-stop delivery system.
14 (5) To develop, adopt and assure adherence to local
15 performance standards, quality assurance standards and
16 applied operating principles which are consistent with
17 criteria throughout the one-stop delivery system.
18 (6) To establish cooperative and collaborative
19 relationships with other local workforce investment boards
20 and, if appropriate, with the unified system governing bodies
21 of other states.
22 (7) To establish cooperative and collaborative
23 relationships with local transit agencies to provide
24 transportation services that effectively meet the workforce
25 needs of customers and the region. If the local workforce
26 investment board is unable to secure the cooperation of the
27 local transit agency the chair of the local board shall
28 notify the Chief Operating Officer of the board. The Chief
29 Operating Officer shall contact the Secretary of
30 Transportation to obtain assistance in securing the
20020H2778B4741 - 26 -
1 cooperation of the local transit agency.
2 [(7)] (8) To authorize use of local workforce investment
3 funds, including individual training accounts, where
4 applicable, for eligible customers, for any of the following
5 services:
6 (i) Core services shall be available to individuals
7 who are adults or dislocated workers through the one-stop
8 delivery system and shall, at a minimum, include all of
9 the following:
10 (A) Determinations of whether the individuals
11 are eligible to receive assistance.
12 (B) Outreach; intake, which may include worker
13 profiling; and orientation to the information and
14 other services available through the one-stop
15 delivery system.
16 (C) Initial assessment of skill levels,
17 aptitudes, abilities and supportive service needs.
18 (D) Job search and placement assistance and,
19 where appropriate, career counseling.
20 (E) Provision of employment statistics
21 information, including the provision of accurate
22 information relating to national, regional and local
23 labor market areas, such as:
24 (I) job vacancy listings in such labor
25 market areas;
26 (II) information on job skills necessary to
27 obtain the jobs described in subclause (I); and
28 (III) information relating to local
29 occupations in demand and the earnings and skill
30 requirements for such occupations.
20020H2778B4741 - 27 -
1 (F) Provision of performance information and
2 program cost information on eligible providers of
3 training services, provided by program, eligible
4 providers of youth activities, providers of adult
5 education, providers of postsecondary vocational
6 education activities and vocational education
7 activities available to school dropouts under the
8 Carl D. Perkins Vocational and Applied Technology
9 Education Act (Public Law 88-210, 20 U.S.C. § 2301 et
10 seq.) and providers of vocational rehabilitation
11 program activities described in the Rehabilitation
12 Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et
13 seq.).
14 (G) Provision of information regarding how the
15 local workforce investment area is performing on the
16 local performance measures and any additional
17 performance information with respect to the one-stop
18 delivery system in the local workforce investment
19 area.
20 (H) Provision of accurate information relating
21 to the availability of community college, technical
22 college and workforce development services, work
23 support services, including child care and
24 transportation, available in the local workforce
25 investment area and referral to such services as
26 appropriate.
27 (I) Provision of transitional support, including
28 information regarding filing claims for unemployment
29 compensation.
30 (J) Assistance in establishing eligibility for
20020H2778B4741 - 28 -
1 welfare-to-work activities under section 403(a)(5) of
2 the Social Security Act (49 Stat. 620, 42 U.S.C. §
3 603(a)(5)) available in the local workforce
4 investment area and programs of financial aid
5 assistance for training and education programs that
6 are not funded under this act and are available in
7 the local workforce investment area.
8 (K) Follow-up services, including counseling
9 regarding the workplace.
10 (ii) Intensive services:
11 (A) Intensive services shall be provided to
12 adults and dislocated workers who:
13 (I) are unemployed and are unable to obtain
14 employment through core services;
15 (II) have been determined by the one-stop
16 delivery system operator to be in need of more
17 intensive services in order to obtain employment;
18 or
19 (III) are employed but are determined by a
20 one-stop delivery system operator to be in need
21 of intensive services in order to obtain or
22 retain employment that allows for self-
23 sufficiency.
24 (B) Intensive services shall be provided through
25 the one-stop delivery system directly through one-
26 stop delivery system operators or through contracts
27 with service providers, which may include contracts
28 with public, private for-profit and private nonprofit
29 service providers, approved by the local workforce
30 investment board.
20020H2778B4741 - 29 -
1 (C) Intensive services may include the
2 following:
3 (I) Comprehensive and specialized
4 assessments of the skill levels and service needs
5 of adults and dislocated workers, which may
6 include diagnostic testing and use of other
7 assessment tools and in-depth interviewing and
8 evaluation to identify employment barriers and
9 appropriate employment goals.
10 (II) Development of an individual employment
11 plan to identify the employment goals,
12 appropriate achievement objectives and
13 appropriate combination of services for the
14 participant to achieve the employment goals.
15 (III) Group counseling.
16 (IV) Individual counseling and career
17 planning.
18 (V) Case management.
19 (VI) Short-term prevocational services,
20 including development of learning skills,
21 communication skills, interviewing skills,
22 punctuality, personal maintenance skills and
23 professional conduct to prepare individuals for
24 employment or training.
25 (iii) Training services:
26 (A) Training services shall be provided to
27 adults and dislocated workers who:
28 (I) have met the eligibility requirements
29 for intensive services and who are unable to
30 obtain or retain employment through such
20020H2778B4741 - 30 -
1 services;
2 (II) after an interview, evaluation or
3 assessment and case management, have been
4 determined by a one-stop delivery system operator
5 or one-stop delivery system partner to be in need
6 of training services and to have the skills and
7 qualifications to successfully participate in the
8 selected program of training services; and
9 (III) select programs of training services
10 which are directly linked to the employment
11 opportunities in the local workforce investment
12 area involved or in another area in which the
13 adults or dislocated workers receiving such
14 services are willing to relocate.
15 (B) Training services shall be limited to
16 individuals who are unable to obtain other grant
17 assistance for such services, including Federal Pell
18 Grants established under Title IV of the Higher
19 Education Act of 1965 (Public Law 89-329, 20 U.S.C. §
20 1070 et seq.), or require assistance beyond the
21 assistance made available under other grant
22 assistance programs, including Federal Pell Grants.
23 (C) Training services may include:
24 (I) Occupational skills training, including
25 training for nontraditional employment.
26 (II) On-the-job training.
27 (III) Programs which combine workplace
28 training with related instruction, including
29 cooperative education programs.
30 (IV) Training programs operated by the
20020H2778B4741 - 31 -
1 private sector.
2 (V) Skill upgrading and retraining.
3 (VI) Entrepreneurial training.
4 (VII) Job readiness training.
5 (VIII) Adult education and literacy
6 activities provided in combination with services
7 described in any of subclauses (I) through (VII).
8 (IX) Customized training conducted with a
9 commitment by an employer or group of employers
10 to employ an individual upon successful
11 completion of the training.
12 [(8)] (9) To compile an annual report to be submitted to
13 the board by a deadline to be determined by the board. This
14 report shall include, at a minimum:
15 (i) a list of the membership of the local workforce
16 investment board, including the name, affiliation,
17 address, telephone number, telefax number and electronic
18 mail address;
19 (ii) the negotiated local level of performance;
20 (iii) the level of performance achieved, including
21 an analysis of the strengths and weaknesses;
22 (iv) the programs participated in; and
23 (v) a list of the local eligible service providers.
24 Section 11. Chapter 7 of the act is repealed.
25 Section 12. The act is amended by adding chapters to read:
26 CHAPTER 7-A
27 CRITICAL JOB TRAINING GRANTS
28 Section 701-A. Purpose.
29 The purpose of this chapter is to expand the coordination of
30 the resources within the unified system and to enhance the
20020H2778B4741 - 32 -
1 leadership of the workforce investment system, particularly with
2 reference to the resources under the control and direction of
3 the participating agencies as defined in this act. This grant
4 program shall be agile, flexible and responsive to the immediate
5 and long-term training needs of job seekers, private businesses
6 and the workforce regions of the Commonwealth. The coordination
7 and leveraging of resources within the workforce investment
8 system is crucial to the effective delivery of services to the
9 employers and residents of this Commonwealth.
10 Section 702-A. Definitions.
11 The following words and phrases when used in this chapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Critical job training." Training for dislocated workers and
15 underemployed workers, for occupations with immediate skill
16 needs, for high-demand jobs or jobs with a shortage of skilled
17 workers, as identified by the Pennsylvania Workforce Investment
18 Board and the participating agencies.
19 "Dislocated worker." A person who meets any one of the
20 following conditions:
21 (1) Has been terminated or laid off, or who has received
22 notice of termination or layoff, and is eligible for or has
23 exhausted unemployment compensation benefits.
24 (2) Is unlikely to return to the industry or occupation
25 in which the individual was employed.
26 (3) Has been terminated or received notice of
27 termination as a result of the permanent closure or
28 relocation of a plant, facility or plant operation in which
29 the individual was employed.
30 (4) Is chronically unemployed.
20020H2778B4741 - 33 -
1 (5) Has limited opportunities of employment in the
2 geographic area in which the individual resides.
3 (6) Is an individual who may face substantial barriers
4 to employment because of age or disability.
5 "Eligible applicant." Providers of workforce services and
6 activities, including, but not limited to: public agencies,
7 nonprofit organizations and private providers COMPANIES; a local <--
8 education agency; an industrial resource center; an economic
9 development organization certified by the Department of
10 Community and Economic Development; a greenhouse; a private
11 company; a labor organization; a local workforce investment
12 board.
13 "Greenhouse." A nonprofit organization recognized under
14 section 501 (c)(3) of the Internal Revenue Code of 1986 (Public
15 Law 99-514, 26 U.S.C. § 1 et seq.) that is formed for the
16 express purpose of creating university/business partnerships to
17 advance science and technology and to support economic and
18 workforce development.
19 "Industrial resource center." An industrial resource center
20 as defined by the act of June 22, 2001 (P.L.400, No.31), known
21 as the Industrial Resources Center Partnership Act.
22 "Local education agency." A Pennsylvania institution
23 certified by the Department of Education, which may include any
24 of the following:
25 (1) Area vocational-technical schools.
26 (2) Community, technical and junior colleges.
27 (3) Intermediate units.
28 (4) Licensed private/proprietary business and trade
29 schools.
30 (5) Public school districts.
20020H2778B4741 - 34 -
1 (6) State or private colleges and universities.
2 "Private company." A business, professional service company
3 or other enterprise. The term may include a group of two or more
4 private companies operating as a consortium in order to take
5 advantage of a common training program.
6 "Underemployed worker." A person requiring skill training to
7 meet industry skill demands or to increase his employment
8 opportunities.
9 Section 703-A. Program operation.
10 The Chief Operating Officer of the board shall manage the
11 operation of this program, with appropriate agency staffing
12 support as determined by the participating agencies and the
13 Governor. The Chief Operating Officer shall work with the
14 participating agencies and local workforce investment boards to
15 identify sources of Federal and State funds to be used for these
16 grants. The Chief Operating Officer shall award grants to
17 eligible applicants for projects that are consistent with the
18 criteria set forth in section 704-A.
19 Section 704-A. Grants.
20 (a) Single application.--There shall be a single multiagency
21 application for the grants awarded under this chapter. An
22 application must demonstrate:
23 (1) The number of dislocated workers or others that will
24 receive training.
25 (2) The existence of job opportunities directly related
26 to the training.
27 (3) How the training will support growth industries
28 within this Commonwealth which are identified in the
29 strategic plan of the local workforce investment board or by
30 industry clusters identified by the participating agencies
20020H2778B4741 - 35 -
1 and the Pennsylvania Workforce Investment Board.
2 (4) Private sector participation in training design and
3 placement of training recipients.
4 (b) Applications and guidelines.--The Chief Operating
5 Officer, in consultation with the board and local workforce
6 investment boards, shall develop grant applications, establish
7 guidelines, develop forms and institute such procedures,
8 including the utilization of participating agency resources, as
9 may be necessary to implement the provisions of this chapter.
10 (c) Information.--The Chief Operating Officer shall require
11 such information and records from each applicant and its
12 authorized training providers as deemed necessary to carry out
13 its responsibilities under this chapter.
14 (d) Limitations.--A local workforce investment board, a
15 certified economic development organization and a greenhouse may
16 not serve as a training provider for these grants.
17 (e) Funding sources.--Beginning with the 2003-2004 fiscal
18 year, and each year thereafter, the Governor shall recommend the
19 sources and levels of funding for this program for all of the
20 participating agencies, as defined in this chapter, in the
21 budget submitted to the General Assembly for that fiscal year.
22 (f) Board recommendations.--For the 2003-2004 fiscal year,
23 and each year thereafter, the board may recommend to the
24 Governor the sources and levels of funding from the
25 participating agencies, as defined in this chapter, for the
26 grants. The board may also recommend changes in the operation of
27 the program. The recommendations to the Governor shall be made
28 after the board consults with local workforce investment boards,
29 secondary schools and postsecondary institutions.
30 (g) Funding priorities.--Priority for grants for the fiscal
20020H2778B4741 - 36 -
1 year 2003-2004 shall be given to workforce recruitment,
2 retention and advanced training within the fields of health
3 care, long-term care and home and community-based services.
4 Section 705-A. Approval of applications and contracts.
5 The Chief Operating Officer, in consultation with a committee
6 composed of the participating agencies, may approve a grant
7 application and the appropriate Commonwealth agency or agencies
8 shall enter into a contract with an eligible applicant to
9 provide critical job training grants to the extent of funds
10 identified by participating agencies for this purpose.
11 Notwithstanding the act of December 20, 1985 (P.L.492, No.116),
12 known as the Customized Job Training Act, or its successor
13 provisions, the Department of Community and Economic Development
14 may use funds appropriated under the act to provide critical job
15 training grants to eligible applicants.
16 CHAPTER 9
17 WORKFORCE LEADERSHIP GRANTS
18 Section 901. Purpose.
19 The purpose of this chapter is to use funds appropriated for
20 these grants to establish innovative programs that address
21 short-term and long-term workforce development needs in industry
22 clusters critical to the development of the new economy in this
23 Commonwealth.
24 Section 902. Innovative programs.
25 (a) Program content.--An innovative program shall address
26 one of the following:
27 (1) Integrated and seamless secondary and postsecondary
28 education and training with area vocational-technical schools
29 and career technology centers; secondary schools, including
30 charter schools at these grade levels; community colleges;
20020H2778B4741 - 37 -
1 technical colleges; and institutions with baccalaureate and
2 graduate degree programs.
3 (2) Assistance to local workforce investment areas to
4 address the establishment of a community college or technical
5 college and to expand community college or technical college
6 services in the area.
7 (3) Agile, flexible and responsive training programming
8 for incumbent workers.
9 (b) Curriculum concentrations.--The curriculum and programs
10 under subsection (a)(1) shall be focused on three cluster areas:
11 Bio-Technology/Life Sciences; Information Technology/Opto-
12 Electronics and Advanced Manufacturing and Materials.
13 (c) Business interaction.--The programs under subsection
14 (a)(1) must be developed and continue to operate with direct
15 business interaction in the curriculum, the recruitment of
16 students, internships and the placement of graduates. The
17 application and use of nanotechnology shall be an integral part
18 of postsecondary instruction with exposure to this technology
19 for students at the secondary level.
20 (d) Award of grants.--Workforce leadership grants shall be
21 awarded for each of the three cluster areas in subsection (a)(1)
22 to applicants demonstrating substantial program integration
23 across educational levels and with a significant number of
24 participating institutions. Applicants able to leverage other
25 funding and programming resources shall receive additional
26 consideration in the determination of awards.
27 Section 903. Program operation.
28 The Chief Operating Officer, in consultation COLLABORATION <--
29 with the participating agencies and ON BEHALF OF the board, <--
30 shall manage the operation of this program, establish guidelines
20020H2778B4741 - 38 -
1 and an application process for the grants, develop such forms
2 and institute procedures to implement this program, determine
3 the distribution of funds, and determine the approved
4 applications for innovative programs as established in section
5 902. Appropriate agency staffing support as determined by the
6 participating agencies and the Governor shall be provided for
7 the operation of this program. The appropriate participating
8 agency or agencies shall enter into a contract with an eligible
9 applicant to provide workforce leadership grants from funds
10 appropriated for this purpose or from funds identified by the
11 participating agencies for this purpose.
12 CHAPTER 11
13 TAP WORKFORCE DEVELOPMENT
14 SCHOLARSHIP ACCOUNTS
15 Section 1101. Establishment.
16 (a) Establishment.--Every local workforce investment board
17 that has become a not-for-profit corporation as defined by
18 subsection (c)(3) of section 501 of the Internal Revenue Code of
19 1986 (Public Law 99-514, 26 U.S.C § 501(c)(3)) may establish TAP
20 workforce development scholarship accounts.
21 (b) Operation.--Each local workforce investment board
22 establishing TAP workforce development scholarship accounts
23 shall establish and operate such accounts pursuant to the
24 Treasury Department's rules, regulations, and practices for such
25 accounts.
26 (c) Type of investments.--Local workforce investment boards
27 may only establish TAP workforce development scholarship
28 accounts using the Treasury Department's Tuition Account
29 Investment Program.
30 Section 1102. Joint TAP workforce development scholarship
20020H2778B4741 - 39 -
1 accounts.
2 Two or more local workforce investment boards may together
3 establish joint TAP workforce development scholarship accounts,
4 provided that the establishment of such joint accounts includes
5 rules that specify how the funds in such accounts shall be
6 divided between the local workforce investment boards to fund
7 workforce development training scholarships. Such rules may be
8 changed at any time subject to the agreement of all the involved
9 local workforce investment boards.
10 Section 1103. Funding of scholarship accounts.
11 TAP workforce development scholarship accounts may be funded
12 by private donations, the Federal Government, political
13 subdivisions of this Commonwealth, and any postsecondary
14 institution. Private donations made by a business firm for TAP
15 workforce development scholarship accounts shall not exceed
16 $300,000 annually per business. For the purposes of this
17 chapter, a business firm shall be defined as an entity
18 authorized to do business in this Commonwealth and subject to
19 taxes imposed under Article IV, VI, VII, VII-A, VIII, VIII-A, IX
20 or XV of the act of March 4, 1971 (P.L.6, No.2), known as the
21 Tax Reform Code of 1971.
22 Section 1104. Use of TAP workforce development scholarship
23 accounts.
24 (a) Utilization.--A local workforce investment board shall
25 use the TAP workforce development scholarship accounts to
26 provide scholarships for workforce development training to
27 individuals residing in its local workforce investment area. A
28 local workforce investment board shall give priority to the
29 awarding of TAP workforce development scholarships to persons
30 seeking training in industry clusters or in skill training needs
20020H2778B4741 - 40 -
1 identified in its local workforce investment plan provided under
2 section 504.
3 (b) Awards.--
4 (1) A local workforce investment board may award a
5 scholarship for training to be received outside of its local
6 workforce investment area.
7 (2) A local workforce investment board may award a
8 scholarship for training to be received outside of this
9 Commonwealth providing the recipient is employed within this
10 Commonwealth.
11 Section 1105. Consultations with Treasury Department.
12 Each local workforce investment board that has TAP workforce
13 development scholarship accounts shall annually discuss the
14 performance of the accounts with the Treasury Department.
15 Section 1106. Consultations with Treasury Department.
16 The COO of the Pennsylvania Workforce Investment Board shall
17 annually discuss the performance of the TAP workforce
18 development scholarship accounts with the Treasury Department.
19 CHAPTER 13
20 SELF-EMPLOYED ASSISTANCE
21 Section 1301. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Department." The Department of Labor and Industry of the
26 Commonwealth.
27 "Full-time basis." The devoting of the amount of time
28 prescribed by the Department of Labor and Industry to be
29 necessary for a program participant to establish a business and
30 become self-employed.
20020H2778B4741 - 41 -
1 "Program." The self-employment assistance program
2 established in section 1302.
3 "Program participant." An individual:
4 (1) who, at the discretion of the Department of Labor
5 and Industry, is selected for participation in the program
6 from among individuals who are eligible for regular benefits
7 and are identified through a worker profiling system as
8 likely to exhaust regular benefits;
9 (2) who is eligible for funding for participation in the
10 program;
11 (3) for whom funding for participation in the program is
12 available; and
13 (4) who has not been terminated from or voluntarily left
14 the program.
15 "Regular benefits." Benefits payable to an individual under
16 the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
17 known as the Unemployment Compensation Law, or unemployment
18 compensation benefits payable to Federal civilian employees and
19 to ex-service members pursuant to Federal law, other than
20 additional and extended benefits.
21 "Self-employment assistance activities." Activities,
22 including entrepreneurial training, business counseling and
23 technical assistance, which are approved by the Department of
24 Labor and Industry for the program participant. These activities
25 may be provided by either the Department of Labor and Industry
26 or its designated service provider.
27 "Self-employment assistance allowance." An allowance which
28 is in lieu of regular benefits and funded in the same manner as
29 regular benefits and which is payable to a program participant
30 who meets the requirements of this chapter.
20020H2778B4741 - 42 -
1 "Unemployment Compensation Law." The act of December 5, 1936
2 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
3 Compensation Law.
4 Section 1302. Program.
5 The department shall establish a self-employment assistance
6 program subject to the availability of funds necessary for the
7 program. The department may implement the program on a pilot
8 basis. Information about the program shall be made available to
9 potential program participants.
10 Section 1303. Self-employment assistance allowance.
11 Subject to the provisions of section 1504, the weekly self-
12 employment assistance allowance payable under this chapter to a
13 program participant shall be equal to the weekly benefit amount
14 for regular benefits otherwise payable. The sum of the
15 allowances paid under this chapter and regular benefits paid
16 with respect to any benefit year shall not exceed the maximum
17 amount payable for the benefit year under section 404 of the
18 Unemployment Compensation Law.
19 Section 1304. Eligibility.
20 (a) General rule.--The self-employment assistance allowance
21 described in section 1503 shall be payable to a program
22 participant who participates in self-employment assistance
23 activities and who is actively engaged on a full-time basis in
24 efforts to establish a business and become self-employed. The
25 self-employment assistance allowance shall be payable at the
26 same interval, on the same terms and subject to the same
27 conditions as regular benefits, except as follows:
28 (1) The requirements of sections 401(d)(1) and 402(a) of
29 the Unemployment Compensation Law are not applicable to the
30 program participant.
20020H2778B4741 - 43 -
1 (2) The requirements of sections 402(h) and 404(d)(1) of
2 the Unemployment Compensation Law are not applicable to
3 income earned from self-employment by the program
4 participant.
5 (3) The program participant shall be considered to be
6 unemployed under sections 401 and 402 of the Unemployment
7 Compensation Law.
8 (b) Ineligibility.--A program participant who fails to
9 participate in self-employment assistance activities or who
10 fails to actively engage on a full-time basis in efforts to
11 establish a business and become self-employed shall be
12 ineligible for a self-employment assistance allowance for a week
13 in which such failure occurs.
14 Section 1305. Termination.
15 A program participant may be terminated from the program by
16 the department if the individual fails to participate in self-
17 employment assistance activities or fails to actively engage on
18 a full-time basis in efforts to establish a business and become
19 self-employed. Individuals who are terminated from or
20 voluntarily leave the program may receive, if otherwise
21 eligible, regular benefits with respect to the benefit year,
22 provided that the sum of regular benefits paid and self-
23 employment assistance allowances paid with respect to the
24 benefit year shall not exceed the maximum amount payable for the
25 benefit year under section 404 of the Unemployment Compensation
26 Law.
27 Section 1306. Limitation.
28 For a specific time period, the number of program
29 participants receiving a self-employment assistance allowance
30 under this chapter shall not exceed 5% of the number of
20020H2778B4741 - 44 -
1 individuals receiving regular benefits during that time period.
2 Section 1307. Costs.
3 Self-employment assistance allowances paid under this chapter
4 shall be charged to employers as regular benefits are charged
5 under the Unemployment Compensation Law.
6 Section 1308. Applicability of Unemployment Compensation Law.
7 (a) General.--Except where inconsistent with this chapter,
8 all terms and conditions of Federal law and the Unemployment
9 Compensation Law applicable to regular benefits shall be
10 applicable to self-employment assistance allowances under this
11 chapter.
12 (b) Specific.--Article V of the Unemployment Compensation
13 Law shall apply to determinations under this chapter.
14 Section 1309. Rules and regulations.
15 The department may promulgate regulations to carry out the
16 purposes of this chapter.
17 Section 1310. Report to General Assembly.
18 (a) General rule.--The department shall make a report of the
19 program to the Labor and Industry Committee of the Senate and
20 the Labor Relations Committee of the House of Representatives by
21 March 1 of each year.
22 (b) Content.--The report shall include annual data on the
23 number of program participants and the number of businesses
24 developed under the program, business survival data, the cost of
25 operating the program, compliance with program requirements and
26 data related to business income, the number of employees and
27 wages paid in the new businesses and the incidence and duration
28 of unemployment after business start-up. The report may also
29 include any recommended changes in the program.
30 Section 1311. Notice.
20020H2778B4741 - 45 -
1 If the Secretary of Labor and Industry determines that
2 Federal Law no longer authorizes the provisions of this chapter,
3 the secretary shall transmit notice of the determination to the
4 Legislative Reference Bureau for publication in the Pennsylvania
5 Bulletin. In the notice the secretary shall specify, as the
6 expiration date of this chapter, the date of the last day of the
7 week preceding the date on which Federal law no longer
8 authorizes the provisions of this chapter.
9 Section 1312. Expiration.
10 This chapter shall expire on the date specified in the notice
11 under section 1311.
12 CHAPTER 15
13 WORKFORCE DEVELOPMENT COURSES
14 Section 1501. Reimbursement for community colleges. and <--
15 technical colleges.
16 (a) Calculation.--Community colleges and technical colleges <--
17 offering noncredit courses defined in this chapter as "workforce
18 development courses" shall be reimbursed by the Commonwealth
19 using 100% of the reimbursement factor utilized for credit
20 courses under section 1913-A of the act of March 10, 1949
21 (P.L.30, No.14), known as the Public School Code of 1949.
22 (b) Priorities.--The priorities of the Commonwealth and its
23 needs for education and training of workers and potential
24 workers shall be considered in changes and additions to the
25 subject matter of workforce development courses.
26 (c) Course sites.--Noncredit workforce development courses
27 may be offered by a community college or a technical college at <--
28 an off-campus site, at any of its facilities or through any form
29 of distance education.
30 Section 1502. Definition.
20020H2778B4741 - 46 -
1 For the purposes of this chapter, the term "workforce
2 development courses" is defined as those noncredit courses
3 having the specific purpose of providing opportunities for
4 students and incumbent workers to develop and/or upgrade skills
5 necessary or useful in gainful employment, for promotion or
6 other similar opportunities in existing employment, or for
7 learning new job skills. The subject matter of noncredit
8 workforce development courses may encompass, but is not limited
9 to, instruction in any of the following general areas:
10 (1) Computers and information processing and technology,
11 including the study of both hardware and software
12 applications.
13 (2) Management, supervision and basic employability
14 skills, including, but not limited to, working in teams,
15 management and supervisory skills, effective interpersonal
16 relations, problem solving, self-management strategies,
17 project management and the application of Federal and State
18 laws to the workplace.
19 (3) Health professional and allied health job skills.
20 (4) Technical, manufacturing and service industries,
21 including, but not limited to, jobs in such fields as
22 powdered metals, machine tool and die-making, electronics,
23 safety, plastics technology, hydraulics, construction,
24 warehouse/materials management, automotive repair and
25 management, heating, ventilation and air conditioning,
26 refrigeration and tourism.
27 (5) Adult literacy, including, but not limited to, adult
28 basic education, the general educational development (GED)
29 diploma and English as a second language.
30 (6) Continuing professional education courses.
20020H2778B4741 - 47 -
1 Section 13. Section 4903 of the act is repealed.
2 Section 14. The following acts and parts of acts are
3 repealed to the extent specified:
4 Act of November 26, 1997 (P.L.504, No.54), known as the Self-
5 Employment Assistance Program Act, absolutely.
6 Section 1913-A of the act of March 10, 1949 (P.L.30, No.14),
7 known as the Public School Code of 1949, insofar as it is
8 inconsistent with this act.
9 Section 15. The addition of Chapter 13 of the act is a
10 continuation of the act of November 26, 1997 (P.L.504, No.54),
11 known as the Self-Employment Assistance Program Act. The
12 following apply:
13 (1) Except as set forth in paragraph (2), any difference
14 in language between the Self-Employment Assistance Program
15 Act and Chapter 13 of the act is intended only to conform to
16 the style of the act and is not intended to change or affect
17 the legislative intent, judicial construction or
18 administration and implementation of the Self-Employment
19 Assistance Program Act.
20 (2) Paragraph (1) does not apply to the following
21 provisions of Chapter 13 of the act:
22 (i) The definitions of "full-time basis" and "self-
23 employment assistance activities" in section 1301.
24 (ii) Section 1311.
25 Section 16. The provisions of section 302(d) of the act
26 shall expire March 1, 2003.
27 Section 17. This act shall take effect as follows:
28 (1) Except for operations described in Chapters 7-A, 9
29 and 11 of the act, section 304 of the act shall take effect
30 March 1, 2003.
20020H2778B4741 - 48 -
1 (2) The amendment or addition of section 306 and Chapter
2 15 of the act shall take effect July 1, 2003.
3 (3) The remainder of this act shall take effect
4 immediately.
5 SECTION 1. THE TITLE OF THE ACT OF DECEMBER 18, 2001 <--
6 (P.L.949, NO.114), KNOWN AS THE WORKFORCE DEVELOPMENT ACT, IS
7 AMENDED TO READ:
8 AN ACT
9 ESTABLISHING A UNIFIED WORKFORCE INVESTMENT SYSTEM;
10 RESTRUCTURING CERTAIN ADMINISTRATIVE FUNCTIONS, PROCEDURES
11 AND ENTITIES; TRANSFERRING WORKFORCE DEVELOPMENT FUNCTIONS OF
12 COMMONWEALTH AGENCIES; ESTABLISHING THE PENNSYLVANIA
13 WORKFORCE INVESTMENT BOARD; PROVIDING FOR CRITICAL JOB
14 TRAINING GRANTS, FOR GUARANTEES FOR PROGRAM QUALITY AND
15 PERFORMANCE FOR WORKFORCE DEVELOPMENT PROGRAMS, FOR WORKFORCE
16 LEADERSHIP GRANTS; AND AUTHORIZING LOCAL WORKFORCE INVESTMENT
17 BOARDS.
18 SECTION 2. SECTION 102(4) OF THE ACT IS AMENDED TO READ:
19 SECTION 102. DECLARATION OF POLICY.
20 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
21 * * *
22 (4) ACHIEVEMENT OF A WORLD-CLASS WORKFORCE IN THIS
23 COMMONWEALTH IS BEST ACCOMPLISHED THROUGH A UNIFIED SYSTEM
24 WHICH IS DEDICATED TO AND OPERATES IN ADHERENCE WITH THE
25 FOLLOWING BASIC PHILOSOPHY AND CORE VALUES:
26 (I) ECONOMIC COMPETITIVENESS BASED ON IMPROVEMENTS
27 IN PRODUCTIVITY, QUALITY AND SERVICE.
28 (II) EXCELLENCE AND INFORMED CHOICE IN EDUCATION,
29 TRAINING OPPORTUNITIES, WORKPLACE PREPARATION AND CAREER
30 DECISION MAKING FOR ELIGIBLE YOUTH AND ADULTS.
20020H2778B4741 - 49 -
1 (III) A STRONG WORK ETHIC, MUTUAL RESPECT, A
2 COMMITMENT TO LIFELONG LEARNING AND THE VALUING OF ALL
3 WORKERS AND THEIR WORK.
4 (IV) STEWARDSHIP OF PUBLIC RESOURCES, EMPHASIZING
5 PRIVATE SECTOR SOLUTIONS TO WORKFORCE INVESTMENT GOALS
6 SUPPLEMENTED BY PUBLIC/PRIVATE PARTNERSHIPS AND LIMITED
7 GOVERNMENT INVOLVEMENT WHEN NECESSARY.
8 (V) THE HIGHEST-QUALITY DELIVERY OF MARKET-DRIVEN
9 SERVICES WHICH ARE READILY IDENTIFIABLE AND EASILY
10 ACCESSIBLE AND WHICH CONSIDER THE ABILITIES AND WORK-
11 SUPPORT NEEDS OF A DIVERSE POPULATION.
12 (VI) CONTINUOUS QUALITY IMPROVEMENT THROUGH
13 COOPERATION AND COLLABORATION AMONG ALL WHO PARTICIPATE
14 IN THE UNIFIED SYSTEM IN ORDER FOR INDIVIDUALS TO EARN
15 FAMILY-SUSTAINING WAGES FOR ECONOMIC SELF-SUFFICIENCY.
16 (VII) GUARANTEEING THE QUALITY AND PERFORMANCE OF
17 WORKFORCE DEVELOPMENT PROGRAMS AND THE SKILL TRAINING
18 PROVIDED TO EMPLOYEES, INCUMBENT WORKERS, JOB SEEKERS AND
19 STUDENTS.
20 * * *
21 SECTION 3. THE DEFINITIONS OF "CERTIFICATION" AND "WORKFORCE
22 DEVELOPMENT" IN SECTION 103 OF THE ACT ARE AMENDED TO READ:
23 SECTION 103. DEFINITIONS.
24 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
25 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
26 CONTEXT CLEARLY INDICATES OTHERWISE:
27 * * *
28 "CERTIFICATION." AN APPROVAL ISSUED BY THE GOVERNOR, UPON
29 RECOMMENDATION BY THE BOARD, TO A LOCAL WORKFORCE INVESTMENT
30 BOARD WHICH SATISFIES THE ELIGIBILITY REQUIREMENTS ESTABLISHED
20020H2778B4741 - 50 -
1 BY THE GOVERNOR, UPON RECOMMENDATION BY THE BOARD.
2 * * *
3 "WORKFORCE DEVELOPMENT." INFORMATION ACCESS AND LIFELONG
4 LEARNING ACTIVITIES. THE TERM INCLUDES VOCATIONAL EDUCATION
5 PROGRAMS; PROGRAMS IN COMMUNITY COLLEGES, TECHNICAL COLLEGES AND
6 POSTSECONDARY EDUCATION INSTITUTIONS AUTHORIZED TO GRANT
7 DIPLOMAS AND CERTIFICATES, SPECIALIZED ASSOCIATE, ASSOCIATE,
8 BACCALAUREATE AND ADVANCED DEGREES; AND TRANSITIONAL SUPPORT AND
9 WORK SUPPORT SERVICES OR ACTIVITIES WHICH ENABLE CUSTOMERS TO
10 ENGAGE IN OR PREPARE FOR EMPLOYMENT OPPORTUNITIES.
11 * * *
12 SECTION 4. SECTIONS 301 AND 302(A) AND (F) OF THE ACT ARE
13 AMENDED TO READ:
14 SECTION 301. ESTABLISHMENT.
15 THE PENNSYLVANIA WORKFORCE INVESTMENT BOARD IS ESTABLISHED TO
16 ADVISE AND ASSIST THE GOVERNOR AND THE GENERAL ASSEMBLY ON THE
17 IMPLEMENTATION OF A UNIFIED SYSTEM TO ASSURE A WELL-EDUCATED,
18 HIGHLY SKILLED WORKFORCE. THE BOARD IS RESPONSIBLE FOR UNIFYING
19 THE COMMONWEALTH'S EXISTING FEDERAL AND STATE WORKFORCE
20 INVESTMENT PROGRAMS INTO AN INTEGRATED SYSTEM. ALL
21 RECOMMENDATIONS AND DECISIONS OF THE BOARD SHALL BE IN
22 COMPLIANCE WITH THE WORKFORCE INVESTMENT ACT OF 1998 (PUBLIC LAW
23 105-220, 112 STAT. 936).
24 SECTION 302. MEMBERSHIP.
25 (A) GENERAL RULE.--THE BOARD SHALL BE ESTABLISHED AS
26 FOLLOWS:
27 (1) THE GOVERNOR OR A DESIGNEE.
28 (2) FOUR MEMBERS OF THE GENERAL ASSEMBLY:
29 (I) TWO SENATORS, ONE APPOINTED BY THE PRESIDENT PRO
30 TEMPORE OF THE SENATE AND ONE APPOINTED BY THE MINORITY
20020H2778B4741 - 51 -
1 LEADER OF THE SENATE.
2 (II) TWO REPRESENTATIVES, ONE APPOINTED BY THE
3 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE APPOINTED
4 BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.
5 (3) REPRESENTATIVES APPOINTED BY THE GOVERNOR WHO ARE:
6 (I) REPRESENTATIVES OF BUSINESS, INCLUDING PRIVATE
7 SECTOR EMPLOYERS, REPRESENTATIVES FROM EACH OF THE
8 COMMONWEALTH'S MARKETING REGIONS, OWNERS OF BUSINESSES,
9 CHIEF EXECUTIVE OFFICERS, OTHER BUSINESS EXECUTIVES WITH
10 OPTIMUM POLICYMAKING OR HIRING AUTHORITY, MEMBERS OF
11 LOCAL WORKFORCE INVESTMENT BOARDS AND BUSINESSES THAT
12 REFLECT THE EMPLOYMENT OPPORTUNITIES IN THIS
13 COMMONWEALTH, INCLUDING LARGE AND SMALL EMPLOYERS.
14 (II) CHIEF ELECTED OFFICIALS[.], NOMINATED BY
15 STATEWIDE ORGANIZATIONS OR ASSOCIATIONS REPRESENTING
16 ELECTED OFFICIALS.
17 (III) REPRESENTATIVES OF LABOR ORGANIZATIONS WHO
18 HAVE BEEN NOMINATED BY STATE LABOR FEDERATIONS.
19 (IV) REPRESENTATIVES OF INDIVIDUALS AND
20 ORGANIZATIONS EXPERIENCED WITH RESPECT TO YOUTH
21 ACTIVITIES.
22 (V) REPRESENTATIVES OF ORGANIZATIONS WHICH HAVE
23 EXPERIENCE AND EXPERTISE IN THE DELIVERY OF WORKFORCE
24 INVESTMENT ACTIVITIES, INCLUDING CHIEF EXECUTIVE OFFICERS
25 OF COMMUNITY COLLEGES, TECHNICAL COLLEGES AND COMMUNITY-
26 BASED ORGANIZATIONS IN THIS COMMONWEALTH.
27 (VI) LEAD COMMONWEALTH AGENCY OFFICIALS, INCLUDING:
28 (A) THE SECRETARY OF AGING.
29 (B) THE SECRETARY OF COMMUNITY AND ECONOMIC
30 DEVELOPMENT.
20020H2778B4741 - 52 -
1 (C) THE SECRETARY OF EDUCATION.
2 (D) THE SECRETARY OF LABOR AND INDUSTRY.
3 (E) THE SECRETARY OF PUBLIC WELFARE.
4 (F) THE DIRECTOR OF THE GOVERNOR'S POLICY
5 OFFICE.
6 (VII) ANY OTHER REPRESENTATIVE OR COMMONWEALTH
7 AGENCY OFFICIAL THE GOVERNOR DEEMS NECESSARY.
8 (4) A MAJORITY OF THE BOARD UNDER THIS SUBSECTION MUST
9 BE REPRESENTATIVES OF BUSINESS.
10 (5) THE GOVERNOR SHALL SOLICIT RECOMMENDATIONS FROM
11 STATE, REGIONAL AND LOCAL BUSINESS ORGANIZATIONS IN MAKING
12 APPOINTMENTS TO THE BOARD.
13 * * *
14 (F) EXECUTIVE COMMITTEE.--AN EXECUTIVE COMMITTEE THAT
15 INCLUDES REPRESENTATION FROM THE PRIVATE SECTOR MAY BE
16 ESTABLISHED AND AUTHORIZED UNDER THE BOARD TO [OVERSEE AND
17 MONITOR THE UNIFIED SYSTEM] FULFILL THE BOARD'S
18 RESPONSIBILITIES. THE ORGANIZATION FRAMEWORK MAY UTILIZE
19 EXISTING STAFF STRUCTURE OR DEVELOP ITS OWN STAFFING
20 ARRANGEMENT.
21 * * *
22 SECTION 5. SECTIONS 304 AND 305 OF THE ACT ARE AMENDED TO
23 READ:
24 SECTION 304. PLAN, FUNCTIONS AND RESPONSIBILITIES.
25 (A) GENERAL RULE.--THE BOARD, IN FURTHERANCE OF SECTION 102,
26 SHALL ADVISE AND ASSIST THE GOVERNOR ON ALL OF THE FOLLOWING:
27 (1) DEVELOPMENT AND ADOPTION OF AND ADHERENCE TO,
28 THROUGHOUT THE UNIFIED SYSTEM, STANDARDS, PRINCIPLES,
29 POLICIES, GOALS, FINANCIAL RESOURCE INVESTMENT PRIORITIES AND
30 STRATEGIES FOR WORKFORCE INVESTMENT TO MAINTAIN CONTINUOUSLY
20020H2778B4741 - 53 -
1 A COMPETITIVE ADVANTAGE FOR THIS COMMONWEALTH.
2 (2) MONITORING AND ASSURING COLLABORATION OF THE
3 INVESTMENT OF ALL FUNDS SPECIFICALLY APPROPRIATED BY THE
4 FEDERAL GOVERNMENT AND DESIGNATED BY THE GOVERNOR OR FUNDS
5 SPECIFICALLY APPROPRIATED BY STATE GOVERNMENT FOR WORKFORCE
6 INVESTMENT UNDER ANY FEDERAL OR STATE STATUTE.
7 (3) ASSURING THAT NO FUNDS DESIGNATED FOR STATEWIDE
8 YOUTH ACTIVITIES ARE USED TO DEVELOP OR IMPLEMENT EDUCATION
9 CURRICULA FOR SCHOOL DISTRICTS.
10 (4) EXAMINATION OF FEDERAL AND STATE STATUTES AND
11 REGULATIONS TO ASSESS WHETHER THEY PRESENT BARRIERS TO
12 ACHIEVING THE PROVISIONS OF THIS ACT AND TO RECOMMEND TO THE
13 FEDERAL GOVERNMENT, THE GOVERNOR AND THE GENERAL ASSEMBLY
14 AMENDMENTS TO STATUTES AND REGULATIONS AND WAIVERS OF
15 REGULATIONS TO ELIMINATE BARRIERS AND TO PROMOTE THE
16 PROVISIONS OF THIS ACT.
17 (5) DEVELOPMENT AND DISSEMINATION OF APPROPRIATE AND
18 NECESSARY RESEARCH AND STATISTICAL INFORMATION, TO SET THE
19 REQUISITE PROTOCOLS AND STANDARDS FOR COMMON DATA REFERENCE,
20 TO ENGAGE IN OR SPONSOR STUDIES TO IDENTIFY UNIFIED SYSTEM
21 NEEDS AND TO GATHER AND DISSEMINATE INFORMATION.
22 (6) ESTABLISHMENT OF AND ADHERENCE TO PERFORMANCE-BASED
23 QUALITY ASSURANCE STANDARDS DESIGNED TO OPTIMIZE UNIFIED
24 SYSTEM FUNCTION, PERFORMANCE AND EFFECTIVENESS.
25 (7) EVALUATION OF THE UNIFIED WORKFORCE INVESTMENT PLANS
26 SUBMITTED BY LOCAL WORKFORCE INVESTMENT BOARDS CONSISTENT
27 WITH LOCAL PLAN REQUIREMENTS DEVELOPED BY THE BOARD. THE
28 OBJECTIVE OF THE PLANS IS TO DEVELOP LOCAL AND REGIONAL
29 TEMPLATES FROM WHICH FEDERAL AND STATE FUNDS CAN BE ALIGNED
30 AND TARGETED TOWARD COMMON GOALS AND OBJECTIVES.
20020H2778B4741 - 54 -
1 (8) [IMPLEMENTATION OF MECHANISMS TO SECURE] SECURING
2 APPROPRIATE INPUT FROM LOCAL WORKFORCE INVESTMENT BOARDS IN
3 THE DEVELOPMENT OF POLICIES, LOCAL PERFORMANCE MEASURES OR
4 INVESTMENT STRATEGIES.
5 (9) ESTABLISHMENT AND MAINTENANCE OF A UNIVERSALLY
6 ACCESSIBLE INFORMATION ACCESS SYSTEM WHICH ENABLES THE
7 UNIFIED SYSTEM TO FUNCTION AND SERVE ITS CUSTOMERS
8 EFFECTIVELY.
9 (10) CONTRACTING OR DEVELOPING WRITTEN AGREEMENTS OR
10 MEMORANDA OF UNDERSTANDING WITH PARTICIPATING AGENCIES FOR
11 THE ADMINISTRATION AND MANAGEMENT OF WORKFORCE INVESTMENT
12 PROGRAMS AND ACTIVITIES UNDER THE RESPONSIBILITY OF THE
13 BOARD.
14 (11) PROVIDING TECHNICAL ASSISTANCE TO LOCAL WORKFORCE
15 INVESTMENT BOARDS TO ASSIST THEM IN MAXIMIZING THE INVESTMENT
16 OF PUBLIC MONEY.
17 (12) SETTING THE CRITERIA FOR UNIFIED SYSTEM AND SERVICE
18 PROVIDER PARTICIPATION AND DEVELOPING A SYSTEMWIDE MARKETING
19 PROGRAM.
20 (13) RECOMMENDING CERTIFICATION OR RECERTIFICATION OF
21 LOCAL WORKFORCE INVESTMENT BOARDS BY GIVING CONSIDERATION TO
22 ALL OF THE FOLLOWING:
23 (I) THE PROPOSED LOCAL WORKFORCE INVESTMENT BOARD'S
24 LEADERSHIP SYSTEM AND ITS CAPABILITY TO EFFECTIVELY
25 MONITOR AND ASSURE COLLABORATION OF WORKFORCE INVESTMENT
26 PROGRAMS.
27 (II) THE PORTION OF THE LABOR MARKET OR GEOGRAPHICAL
28 AREA TO BE SERVED BY THE PROPOSED LOCAL WORKFORCE
29 INVESTMENT BOARD.
30 (14) RECOMMENDING NECESSARY ACTION IF A LOCAL WORKFORCE
20020H2778B4741 - 55 -
1 INVESTMENT BOARD FAILS TO ACT, ACTS IMPROPERLY OR FAILS TO
2 MEET THE CONDITIONS OF ITS UNIFIED LOCAL WORKFORCE INVESTMENT
3 PLAN IN WHICH FEDERAL OR STATE FUNDS HAVE BEEN INVESTED.
4 (15) RECOGNITION OF THE POTENTIAL OF CITIZENS, EMPLOYERS
5 AND COMMUNITIES IN THIS COMMONWEALTH BY AFFIRMING THE
6 CONTINUED EXISTENCE AND INDEPENDENCE OF ALL CURRENT FUNDING
7 STREAMS AND PROGRAMS FOR PERSONS WITH DISABILITIES WHILE
8 ENSURING THAT EMPLOYMENT-RELATED PROGRAMS FOR INDIVIDUALS
9 WITH DISABILITIES OPERATE EFFICIENTLY.
10 (16) ASSESSMENT OF THE ECONOMIC AND WORKFORCE NEEDS OF
11 THIS COMMONWEALTH AND TO DEVELOP THE UNIFIED SYSTEM TO BUILD
12 ON AVAILABLE SERVICES AND RESOURCES TO EFFECTIVELY MEET THESE
13 STATEWIDE NEEDS.
14 (17) ESTABLISHING COOPERATIVE AND COLLABORATIVE
15 RELATIONSHIPS WITH OTHER STATES' UNIFIED SYSTEM GOVERNING
16 BODIES.
17 (18) ASSURING THE IMPLEMENTATION OF FEDERAL AND STATE
18 STATUTORY MANDATES WHICH FALL WITHIN THE PURVIEW OF THE
19 UNIFIED SYSTEM.
20 (18.1) RECOMMENDATIONS REGARDING THE OPERATION OF THE
21 ONE-STOP DELIVERY SYSTEM AND LOCAL WORKFORCE INVESTMENT
22 BOARDS.
23 (19) COMPILATION OF AN ANNUAL REPORT WHICH SHALL BE
24 SUBMITTED TO THE GENERAL ASSEMBLY, THE SECRETARY OF THE
25 SENATE AND THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES BY
26 MARCH 1 AND WHICH SHALL INCLUDE ALL OF THE FOLLOWING:
27 (I) A DETAILED EXPLANATION OF THE PERFORMANCE
28 MEASURES USED AND HOW THE PERFORMANCE MEASURES WERE
29 DEVELOPED.
30 (II) AN EXPLANATION OF THE PROCESS USED TO ACHIEVE
20020H2778B4741 - 56 -
1 CONTINUOUS IMPROVEMENT OF WORKFORCE INVESTMENT
2 ACTIVITIES.
3 (III) THE ANTICIPATED COURSE OF ACTIONS TO BE TAKEN
4 BY THE BOARD TO ENCOURAGE CONTINUOUS IMPROVEMENT IN THE
5 UNIFIED SYSTEM.
6 (IV) A LIST OF THE MEMBERSHIP OF THE BOARD,
7 INCLUDING NAME, AFFILIATION, ADDRESS, TELEPHONE NUMBER,
8 TELEFAX NUMBER AND ELECTRONIC MAIL ADDRESS.
9 (V) AN EXPLANATION OF THE PROCESS USED TO NEGOTIATE
10 LEVELS OF LOCAL PERFORMANCE.
11 (VI) A LIST OF ALL CERTIFIED LOCAL WORKFORCE
12 INVESTMENT BOARDS IN THIS COMMONWEALTH, INCLUDING EACH
13 LOCAL WORKFORCE BOARD'S NEGOTIATED LEVEL OF LOCAL
14 PERFORMANCE, EACH LOCAL WORKFORCE BOARD'S LEVEL OF
15 PERFORMANCE ATTAINED AND THE ACTION TAKEN WITH RESPECT TO
16 ANY LOCAL WORKFORCE INVESTMENT BOARD WHICH FAILED TO MEET
17 ITS NEGOTIATED LEVEL OF LOCAL PERFORMANCE.
18 (VII) A COPY OF THE ANNUAL REPORT SUBMITTED BY EACH
19 LOCAL WORKFORCE INVESTMENT BOARD TO THE BOARD.
20 (VIII) AN ACCOUNTING OF FEDERAL AND STATE FUNDS
21 EXPENDED FOR WORKFORCE INVESTMENT IN THE PREVIOUS FISCAL
22 YEAR BY LINE ITEM AND PROGRAM.
23 (B) EVALUATION OF PLANS.--IN ORDER TO DEVELOP AN EFFECTIVE
24 SYSTEM TO EVALUATE THE UNIFIED WORKFORCE INVESTMENT PLANS
25 SUBMITTED BY LOCAL WORKFORCE INVESTMENT BOARDS, THE BOARD SHALL:
26 (1) SEEK THE PARTICIPATION OF THE PARTICIPATING AGENCIES
27 TO ENSURE THAT THE PLANS INTEGRATE WORKFORCE PROGRAMS.
28 (2) SEEK THE ADVICE OF LOCAL WORKFORCE INVESTMENT BOARDS
29 TO IDENTIFY AREAS WHERE FEDERALLY AND STATE-FUNDED WORKFORCE
30 RESOURCES CAN BE MAXIMIZED IN A LOCAL REGION.
20020H2778B4741 - 57 -
1 (3) WORK WITH THE PARTICIPATING AGENCIES AND LOCAL
2 WORKFORCE INVESTMENT BOARDS TO FULLY IMPLEMENT LOCAL
3 WORKFORCE INVESTMENT PLANS.
4 (4) ENSURE THAT LOCAL WORKFORCE INVESTMENT PLANS
5 INCORPORATE SUFFICIENT LEVELS OF COMMUNITY ENGAGEMENT,
6 PARTICIPATION AND INPUT FROM WORKFORCE DEVELOPMENT
7 PARTNERSHIPS.
8 THE REVIEW OF THE PLANS SHALL DETERMINE THE EXTENT TO WHICH
9 STATE WORKFORCE DEVELOPMENT FUNDS HAVE BEEN INTEGRATED WITH THE
10 APPROVED PLAN.
11 [SECTION 305. STATE PERFORMANCE MEASURES.
12 (A) GENERAL RULE.--THE BOARD SHALL ESTABLISH A COMPREHENSIVE
13 PERFORMANCE ACCOUNTABILITY SYSTEM, INCLUDING, AT A MINIMUM, A
14 FOCUS ON ALL OF THE FOLLOWING:
15 (1) ENTRY INTO UNSUBSIDIZED EMPLOYMENT.
16 (2) RETENTION IN UNSUBSIDIZED EMPLOYMENT SIX MONTHS
17 AFTER ENTRY INTO THE EMPLOYMENT.
18 (3) EARNINGS RECEIVED IN UNSUBSIDIZED EMPLOYMENT SIX
19 MONTHS AFTER ENTRY INTO THE EMPLOYMENT.
20 (4) ATTAINMENT OF A RECOGNIZED CREDENTIAL RELATING TO
21 ACHIEVEMENT OF EDUCATIONAL SKILLS, INCLUDING ATTAINMENT OF A
22 SECONDARY SCHOOL DIPLOMA OR ITS RECOGNIZED EQUIVALENT, OR
23 OCCUPATIONAL SKILLS BY PARTICIPANTS WHO ENTER UNSUBSIDIZED
24 EMPLOYMENT OR BY PARTICIPANTS WHO ARE ELIGIBLE YOUTHS BETWEEN
25 THE AGES OF 19 AND 21 AND WHO ENTER POSTSECONDARY EDUCATION,
26 ADVANCED TRAINING OR UNSUBSIDIZED EMPLOYMENT.
27 (B) CUSTOMER SATISFACTION.--AS AN INDICATOR OF PERFORMANCE,
28 CUSTOMER SATISFACTION SHALL ALSO BE CONSIDERED. THE CUSTOMER
29 SATISFACTION INDICATOR OF PERFORMANCE SHALL CONSIST OF CUSTOMER
30 SATISFACTION OF EMPLOYERS AND PARTICIPANTS WITH SERVICES
20020H2778B4741 - 58 -
1 RECEIVED FROM WORKFORCE INVESTMENT ACTIVITIES. CUSTOMER
2 SATISFACTION MAY BE MEASURED THROUGH SURVEYS CONDUCTED AFTER THE
3 CONCLUSION OF PARTICIPATION IN THE WORKFORCE INVESTMENT
4 ACTIVITIES.]
5 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
6 SECTION 305.1. STATE PERFORMANCE MANAGEMENT SYSTEM.
7 (A) GENERAL RULE.--THE BOARD SHALL ESTABLISH A SYSTEM FOR
8 THE DEVELOPMENT, OVERSIGHT, MODIFICATION AND CONTINUOUS
9 IMPROVEMENT OF A COMPREHENSIVE PERFORMANCE ACCOUNTABILITY SYSTEM
10 THAT WILL PROVIDE EFFECTIVE MEASURES OF THE PERFORMANCE AND
11 IMPACT OF THE WORKFORCE DEVELOPMENT SYSTEM AT THE STATE AND
12 LOCAL LEVELS. THE SYSTEM WILL INCLUDE INPUT FROM BOARD MEMBERS,
13 LOCAL WORKFORCE INVESTMENT BOARDS, OPERATORS OF THE ONE-STOP
14 DELIVERY SYSTEM, WORKFORCE DEVELOPMENT PROGRAM PROVIDERS,
15 BUSINESS AND INDUSTRY AND THE PARTICIPATING AGENCIES. THE SYSTEM
16 WILL BE DESIGNED TO PRODUCE RECOMMENDATIONS TO THE BOARD, THE
17 GOVERNOR AND THE GENERAL ASSEMBLY AND SHALL FUNCTION WITHIN TIME
18 FRAMES ESTABLISHED BY THE BOARD. THE SYSTEM SHALL BE
19 COMPREHENSIVE AND PROVIDE A REPORTING SYSTEM FOR PROGRAM FUNDING
20 AS ESTABLISHED BY THE BOARD. THE SYSTEM SHALL:
21 (1) IDENTIFY ONE OR MORE STATE AGENCIES RESPONSIBLE FOR
22 THE COORDINATION AND MANAGEMENT OF DATA.
23 (2) IDENTIFY SYSTEMS FOR TRACKING AND REPORTING OF
24 INFORMATION AND DETERMINING THE ROLE OF THE STATE AND LOCAL
25 WORKFORCE INVESTMENT BOARDS.
26 (3) ENABLE THE DEVELOPMENT AND FUNDING OF A LOCALLY
27 BASED MANAGEMENT INFORMATION SYSTEM THAT WILL PROVIDE LOCAL
28 WORKFORCE INVESTMENT BOARDS AND THE BOARD WITH MANAGEMENT
29 DATA.
30 (4) ENABLE REVISIONS TO THE PERFORMANCE MANAGEMENT
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1 SYSTEM.
2 (B) REQUIRED PERFORMANCE MEASURES.--THE STATE PERFORMANCE
3 MANAGEMENT SYSTEM SHALL INCLUDE:
4 (1) ENTRY INTO UNSUBSIDIZED EMPLOYMENT.
5 (2) RETENTION IN UNSUBSIDIZED EMPLOYMENT SIX MONTHS
6 AFTER ENTRY INTO THE EMPLOYMENT.
7 (3) EARNINGS RECEIVED IN UNSUBSIDIZED EMPLOYMENT SIX
8 MONTHS AFTER ENTRY INTO THE EMPLOYMENT.
9 (4) ATTAINMENT OF A RECOGNIZED CREDENTIAL RELATING TO
10 ACHIEVEMENT OF EDUCATIONAL SKILLS, INCLUDING ATTAINMENT OF A
11 SECONDARY SCHOOL DIPLOMA OR ITS RECOGNIZED EQUIVALENT, OR
12 OCCUPATIONAL SKILLS BY PARTICIPANTS WHO ENTER UNSUBSIDIZED
13 EMPLOYMENT OR BY PARTICIPANTS WHO ARE ELIGIBLE YOUTHS BETWEEN
14 THE AGES OF 19 AND 21 AND WHO ENTER POSTSECONDARY EDUCATION,
15 ADVANCED TRAINING OR UNSUBSIDIZED EMPLOYMENT.
16 (5) THE USE OF FEDERAL FUNDS FOR TRAINING SERVICES,
17 INCLUDING ACTIVITIES AUTHORIZED UNDER CHAPTER 2 OF TITLE II
18 OF THE TRADE ACT OF 1974 (PUBLIC LAW 93-618, 19 U.S.C. § 2101
19 ET SEQ.).
20 (6) GUARANTEES FOR PROGRAM QUALITY AND PERFORMANCE.
21 (7) UNIFORM PROGRAM PERFORMANCE MEASURES.
22 THE REQUIRED PERFORMANCE MEASURES IN PARAGRAPHS (1) THROUGH (5)
23 MAY BE MODIFIED BY THE BOARD TO BE ALIGNED WITH COMMON
24 PERFORMANCE MEASURES ADOPTED PURSUANT TO REVISIONS TO THE
25 WORKFORCE INVESTMENT ACT OF 1998 (PUBLIC LAW 105-220, 112 STAT.
26 936) OR THE ADOPTION OF COMMON PERFORMANCE MEASURES BY THE
27 FEDERAL AGENCIES COVERED BY THIS ACT.
28 (C) CUSTOMER SATISFACTION.--AS AN INDICATOR OF PERFORMANCE,
29 CUSTOMER SATISFACTION SHALL ALSO BE CONSIDERED. THE CUSTOMER
30 SATISFACTION INDICATOR OF PERFORMANCE SHALL CONSIST OF CUSTOMER
20020H2778B4741 - 60 -
1 SATISFACTION OF EMPLOYERS AND PARTICIPANTS WITH SERVICES
2 RECEIVED FROM WORKFORCE INVESTMENT ACTIVITIES. CUSTOMER
3 SATISFACTION MAY BE MEASURED THROUGH SURVEYS CONDUCTED AFTER THE
4 CONCLUSION OF PARTICIPATION IN THE WORKFORCE INVESTMENT
5 ACTIVITIES. THESE SURVEYS SHALL INCLUDE QUESTIONS ABOUT WHETHER
6 EMPLOYERS, GRANT RECIPIENTS AND PARTICIPANTS ARE ABLE TO QUICKLY
7 RECEIVE FUNDING.
8 (D) GUARANTEES FOR PROGRAM QUALITY AND PERFORMANCE.--
9 ENSURING THE QUALITY OF WORKFORCE DEVELOPMENT PROGRAMS IS AN
10 ESSENTIAL FUNCTION OF THE BOARD. THE BOARD SHALL ESTABLISH ONE
11 OR MORE QUALITY PERFORMANCE GUARANTEES FOR WORKFORCE DEVELOPMENT
12 PROGRAMS UNDER THIS ACT. A GUARANTEE MAY INCLUDE:
13 (1) A GUARANTEE OR WARRANTY FOR THE TRAINING PROVIDED TO
14 AN INCUMBENT WORKER, EMPLOYEE, JOB SEEKER OR STUDENT.
15 (2) SUCCESSFUL COMPLETION OF A CERTIFICATE OR SHORT-TERM
16 TRAINING CLASS OR PROGRAM ESTABLISHED BY A COLLEGE OR
17 UNIVERSITY, A PRIVATE LICENSED SCHOOL ESTABLISHED UNDER THE
18 ACT OF DECEMBER 15, 1986 (P.L.1585, NO.174), KNOWN AS THE
19 PRIVATE LICENSED SCHOOLS ACT, OR A LOCAL WORKFORCE INVESTMENT
20 BOARD.
21 (3) PASSAGE OF A NATIONALLY RECOGNIZED OR INDUSTRY-
22 RECOGNIZED CERTIFICATE EXAMINATION.
23 (4) A COMBINATION OF PARAGRAPHS (1) THROUGH (3).
24 (5) OTHER REQUIREMENTS ESTABLISHED BY THE BOARD.
25 THE PROGRAM QUALITY AND PERFORMANCE GUARANTEE SHALL PROVIDE FOR
26 ADDITIONAL EDUCATION OR TRAINING FOR PERSONS WHO BECOME EMPLOYED
27 AND ARE NOT ABLE TO PERFORM THEIR DUTIES AT A SATISFACTORY
28 LEVEL, FOR EMPLOYEES RECEIVING CUSTOMIZED JOB TRAINING OR OTHER
29 TRAINING THAT IS NOT SATISFACTORY FOR THE EMPLOYER AND FOR
30 STUDENTS ADVANCING TO THE NEXT SEQUENCE OF AN INTEGRATED AND
20020H2778B4741 - 61 -
1 SEAMLESS SECONDARY AND POSTSECONDARY EDUCATION PROGRAM, AS
2 ESTABLISHED IN SECTION 902, WHO ARE NOT CAPABLE OF PERFORMING AT
3 THIS ACADEMIC LEVEL. THE BOARD SHALL CONSULT WITH LOCAL
4 WORKFORCE INVESTMENT BOARDS AND PROGRAM PROVIDERS PRIOR TO THE
5 ADOPTION OF THE GUARANTEES FOR PROGRAM QUALITY AND PERFORMANCE.
6 THE GUARANTEE PROVISIONS SHALL BE ADOPTED BY THE BOARD BY JUNE
7 30, 2003.
8 SECTION 7. SECTIONS 501, 502(A) AND 504 OF THE ACT ARE
9 AMENDED TO READ:
10 SECTION 501. ESTABLISHMENT.
11 (A) AREAS AND LOCAL WORKFORCE INVESTMENT BOARDS.--
12 (1) LOCAL WORKFORCE INVESTMENT AREAS SHALL BE DESIGNATED
13 BY THE GOVERNOR THROUGH CONSULTATION WITH THE BOARD AND THE
14 CHIEF ELECTED OFFICIALS AND AFTER CONSIDERATION OF COMMENTS
15 RECEIVED THROUGH THE PUBLIC COMMENT PROCESS. IN MAKING THE
16 DESIGNATION OF LOCAL WORKFORCE INVESTMENT AREAS, THE GOVERNOR
17 SHALL TAKE INTO CONSIDERATION THE FOLLOWING:
18 (I) GEOGRAPHIC AREAS SERVED BY SCHOOL ENTITIES.
19 (II) GEOGRAPHIC AREAS SERVED BY POSTSECONDARY
20 EDUCATIONAL INSTITUTIONS, INCLUDING COMMUNITY COLLEGES
21 AND TECHNICAL COLLEGES AND AREA VOCATIONAL-TECHNICAL
22 SCHOOLS AND CAREER TECHNOLOGY CENTERS.
23 (III) THE EXTENT TO WHICH SUCH LOCAL WORKFORCE
24 INVESTMENT AREAS ARE CONSISTENT WITH LABOR MARKET AREAS.
25 (IV) THE DISTANCE THAT INDIVIDUALS WILL NEED TO
26 TRAVEL TO RECEIVE SERVICES PROVIDED IN SUCH LOCAL
27 WORKFORCE INVESTMENT AREAS.
28 (V) THE RESOURCES OF SUCH LOCAL WORKFORCE INVESTMENT
29 AREAS THAT ARE AVAILABLE TO EFFECTIVELY ADMINISTER THE
30 ACTIVITIES CARRIED OUT UNDER FEDERAL AND STATE LAW.
20020H2778B4741 - 62 -
1 (2) LOCAL WORKFORCE INVESTMENT BOARDS SHALL BE
2 ESTABLISHED IN EACH LOCAL WORKFORCE INVESTMENT AREA OF THIS
3 COMMONWEALTH, RECOMMENDED FOR CERTIFICATION BY THE BOARD AND
4 CERTIFIED BY THE GOVERNOR, TO SET POLICY FOR THE PORTION OF
5 THE UNIFIED SYSTEM WITHIN THAT LOCAL WORKFORCE INVESTMENT
6 AREA. THE LOCAL WORKFORCE INVESTMENT BOARDS SHALL WORK TO
7 ESTABLISH WORKFORCE DEVELOPMENT SERVICES IN COLLABORATION
8 WITH POSTSECONDARY INSTITUTIONS, AREA VOCATIONAL-TECHNICAL
9 SCHOOLS AND CAREER TECHNOLOGY CENTERS; SECONDARY SCHOOLS,
10 INCLUDING CHARTER SCHOOLS AT THESE GRADE LEVELS; COMMUNITY
11 COLLEGES; AND TECHNICAL COLLEGES.
12 (3) NO LOCAL WORKFORCE INVESTMENT BOARD MAY CONDUCT
13 BUSINESS UNLESS IT IS CERTIFIED BY THE GOVERNOR.
14 (B) PURPOSE.--THE PURPOSE OF EACH LOCAL WORKFORCE INVESTMENT
15 BOARD IS TO ADVISE AND ASSIST THE CHIEF ELECTED OFFICIAL IN THE
16 COUNTY OR COUNTIES SERVED BY THE LOCAL WORKFORCE INVESTMENT
17 BOARD BY SETTING POLICY TO PROMOTE EFFECTIVE WORKFORCE
18 INVESTMENT PROGRAMS IN A DESIGNATED GEOGRAPHIC AREA.
19 (C) [LIABILITY.--THE] ADMINISTRATION AND LIABILITY.--
20 (1) THE CHIEF ELECTED OFFICIAL IN A LOCAL WORKFORCE
21 INVESTMENT AREA SHALL SERVE AS THE LOCAL GRANT RECIPIENT FOR
22 AND SHALL BE LIABLE FOR ANY MISUSE OF THE GRANT FUNDS
23 ALLOCATED TO THE LOCAL WORKFORCE INVESTMENT AREA UNDER
24 FEDERAL LAW OR THIS ACT.
25 (2) THE CHIEF ELECTED OFFICIAL IN A LOCAL WORKFORCE
26 INVESTMENT AREA MAY DESIGNATE AN ENTITY TO SERVE AS A LOCAL
27 GRANT SUBRECIPIENT FOR SUCH FUNDS OR AS A LOCAL FISCAL AGENT.
28 SUCH DESIGNATION SHALL NOT RELIEVE THE CHIEF ELECTED OFFICIAL
29 OF LIABILITY FOR ANY MISUSE OF GRANT FUNDS AS DESCRIBED IN
30 PARAGRAPH (1).
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1 (3) THE LOCAL GRANT RECIPIENT OR AN ENTITY DESIGNATED
2 UNDER PARAGRAPH (2) SHALL DISBURSE SUCH FUNDS FOR WORKFORCE
3 INVESTMENT ACTIVITIES AT THE DIRECTION OF THE LOCAL BOARD,
4 PURSUANT TO THE REQUIREMENTS OF THIS ACT.
5 SECTION 502. MEMBERSHIP.
6 (A) COMPOSITION.--
7 (1) A LOCAL WORKFORCE INVESTMENT BOARD APPOINTED BY THE
8 CHIEF ELECTED OFFICIAL SHALL BE AS FOLLOWS:
9 (I) A MAJORITY SHALL BE REPRESENTATIVES OF BUSINESS
10 IN THE LOCAL WORKFORCE INVESTMENT AREA WHO:
11 (A) ARE OWNERS OF BUSINESSES, CHIEF EXECUTIVES
12 OR OPERATING OFFICERS OF BUSINESSES AND OTHER
13 BUSINESS EXECUTIVES OR EMPLOYERS WITH OPTIMUM
14 POLICYMAKING OR HIRING AUTHORITY;
15 (B) REPRESENT BUSINESSES WITH EMPLOYMENT
16 OPPORTUNITIES WHICH REFLECT THE EMPLOYMENT
17 OPPORTUNITIES OF THE LOCAL WORKFORCE INVESTMENT AREA;
18 AND
19 (C) ARE APPOINTED FROM AMONG INDIVIDUALS
20 NOMINATED BY LOCAL BUSINESS ORGANIZATIONS AND
21 BUSINESS TRADE ASSOCIATIONS.
22 (II) REPRESENTATIVES OF LOCAL EDUCATIONAL ENTITIES,
23 INCLUDING REPRESENTATIVES OF LOCAL EDUCATIONAL AGENCIES,
24 LOCAL SCHOOL BOARDS, ENTITIES PROVIDING ADULT EDUCATION
25 AND LITERACY ACTIVITIES, POSTSECONDARY EDUCATIONAL
26 INSTITUTIONS [AND], COMMUNITY COLLEGES AND TECHNICAL
27 COLLEGES, SELECTED FROM AMONG INDIVIDUALS NOMINATED BY
28 REGIONAL OR LOCAL EDUCATIONAL AGENCIES, INSTITUTIONS OR
29 ORGANIZATIONS REPRESENTING SUCH LOCAL EDUCATIONAL
30 ENTITIES.
20020H2778B4741 - 64 -
1 (III) IN A LOCAL WORKFORCE INVESTMENT AREA IN WHICH
2 EMPLOYEES ARE REPRESENTED BY LABOR ORGANIZATIONS,
3 REPRESENTATIVES NOMINATED BY LOCAL LABOR FEDERATIONS.
4 (IV) IN A LOCAL WORKFORCE INVESTMENT AREA IN WHICH
5 NO EMPLOYEES ARE REPRESENTED BY LABOR ORGANIZATIONS,
6 OTHER REPRESENTATIVES OF EMPLOYEES.
7 (V) REPRESENTATIVES OF COMMUNITY-BASED
8 ORGANIZATIONS, WHICH MAY INCLUDE ORGANIZATIONS
9 REPRESENTING MINORITIES [AND], INDIVIDUALS WITH
10 DISABILITIES, OLDER WORKERS AND VETERANS, FROM A LOCAL
11 WORKFORCE INVESTMENT AREA IN WHICH SUCH ORGANIZATIONS ARE
12 PRESENT.
13 (VI) REPRESENTATIVES OF ECONOMIC DEVELOPMENT
14 ENTITIES.
15 (VII) REPRESENTATIVES OF EACH OF THE ONE-STOP
16 DELIVERY SYSTEM PARTNERS.
17 (VIII) OTHER INDIVIDUALS OR REPRESENTATIVES OF
18 ENTITIES AS THE CHIEF ELECTED OFFICIAL IN THE LOCAL
19 WORKFORCE INVESTMENT AREA MAY DETERMINE TO BE
20 APPROPRIATE.
21 (2) MEMBERS OF THE LOCAL WORKFORCE INVESTMENT BOARD MUST
22 BE INDIVIDUALS WHO HAVE OPTIMUM POLICYMAKING AUTHORITY WITHIN
23 THE ORGANIZATIONS, AGENCIES OR OTHER ENTITIES WHICH THEY
24 REPRESENT.
25 (3) THE MEMBERSHIP SHALL SELECT A CHAIRPERSON FROM THE
26 PRIVATE SECTOR REPRESENTATIVES.
27 (4) A LOCAL WORKFORCE INVESTMENT BOARD MAY HIRE LIMITED
28 STAFF TO IMPLEMENT THE DECISIONS OF THE LOCAL WORKFORCE
29 INVESTMENT BOARD.
30 * * *
20020H2778B4741 - 65 -
1 SECTION 504. PLAN, FUNCTIONS AND RESPONSIBILITIES.
2 (A) UNIFIED WORKFORCE INVESTMENT PLAN.--A LOCAL WORKFORCE
3 INVESTMENT BOARD, IN PARTNERSHIP WITH THE CHIEF ELECTED OFFICIAL
4 OF THE COUNTY OR COUNTIES SERVED BY THE LOCAL WORKFORCE
5 INVESTMENT BOARD, SHALL SUBMIT TO THE GOVERNOR FOR APPROVAL A
6 UNIFIED WORKFORCE INVESTMENT PLAN. THE UNIFIED WORKFORCE
7 INVESTMENT PLAN SHALL BE DEVELOPED THROUGH A PROCESS WHICH
8 INCLUDES THE OPPORTUNITY FOR PARTICIPATION BY CURRENT AND
9 POTENTIAL CUSTOMERS AND SERVICE PROVIDERS AND WHICH SHALL
10 CONTAIN, AT A MINIMUM, THE FOLLOWING:
11 (1) A DESCRIPTION OF THE LOCAL WORKFORCE INVESTMENT
12 AREA'S STRATEGIC ECONOMIC AND WORKFORCE VISION AND OF HOW THE
13 VISION WILL BE ATTAINED.
14 (2) A DESCRIPTION OF HOW THE PLAN SUPPORTS THE
15 COMMONWEALTH'S OVERALL MISSION AND GOALS.
16 (3) AN ANALYSIS OF THE LOCAL WORKFORCE INVESTMENT AREA
17 MARKET, INCLUDING PROJECTED GROWTH INDUSTRIES AND DECLINING
18 INDUSTRIES.
19 (4) A DESCRIPTION OF THE RESPECTIVE ROLES OF THE LOCAL
20 ELECTED OFFICIALS AND THE LOCAL WORKFORCE INVESTMENT BOARD.
21 (5) A DESCRIPTION OF PROGRAMS FOR ELIGIBLE YOUTH.
22 (6) A DESCRIPTION OF THE LOCAL WORKFORCE INVESTMENT
23 AREA'S ONE-STOP DELIVERY SYSTEM.
24 (7) A DESCRIPTION OF THE SERVICES TO BE PROVIDED TO ALL
25 CUSTOMERS.
26 (8) A DESCRIPTION OF HOW, IN SERVING THE LOCAL WORKFORCE
27 INVESTMENT AREA, COORDINATION OF WORKFORCE DEVELOPMENT
28 SERVICES AND INVESTMENT ACTIVITIES WILL OCCUR[.] WITH
29 POSTSECONDARY INSTITUTIONS; AREA VOCATIONAL-TECHNICAL SCHOOLS
30 AND CAREER TECHNOLOGY CENTERS; SECONDARY SCHOOLS, INCLUDING
20020H2778B4741 - 66 -
1 CHARTER SCHOOLS AT THESE GRADE LEVELS; COMMUNITY COLLEGES;
2 AND TECHNICAL COLLEGES.
3 (9) IF APPROPRIATE, A DESCRIPTION OF A REGIONAL
4 STRATEGIC COMPONENT TO THE LOCAL PLAN.
5 (10) IF AVAILABLE, AN ANALYSIS OF REGIONAL MARKET
6 TRENDS.
7 (B) FUNCTIONS AND RESPONSIBILITIES.--A LOCAL WORKFORCE
8 INVESTMENT BOARD, IN ORDER TO DEVELOP AND IMPLEMENT A UNIFIED
9 WORKFORCE INVESTMENT PLAN FOR THE INVESTMENT AND UTILIZATION OF
10 PRIVATE AND PUBLIC RESOURCES TO MEET THE CURRENT AND FUTURE
11 WORKFORCE INVESTMENT NEEDS OF ITS REGION IN FURTHERANCE OF
12 SECTION 102, HAS THE FOLLOWING FUNCTIONS AND RESPONSIBILITIES:
13 (1) TO ORGANIZE AND ELECT A CHAIRPERSON.
14 (2) TO ASSESS THE ECONOMIC AND WORKFORCE NEEDS OF THE
15 LOCAL WORKFORCE INVESTMENT AREA AND TO DEVELOP A UNIFIED PLAN
16 WHICH BUILDS ON AVAILABLE SERVICES AND RESOURCES TO
17 EFFECTIVELY MEET THE WORKFORCE AND ECONOMIC NEEDS OF THE
18 LOCAL WORKFORCE INVESTMENT AREA.
19 (3) TO IMPLEMENT MECHANISMS TO SECURE APPROPRIATE INPUT
20 IN THE DEVELOPMENT OF POLICIES, PERFORMANCE STANDARDS OR
21 INVESTMENT STRATEGIES.
22 (4) TO ASSIST IN THE DEVELOPMENT OF AND COLLABORATION
23 WITHIN THE ONE-STOP DELIVERY SYSTEM.
24 (5) TO DEVELOP, ADOPT AND ASSURE ADHERENCE TO LOCAL
25 PERFORMANCE STANDARDS, QUALITY ASSURANCE STANDARDS AND
26 APPLIED OPERATING PRINCIPLES WHICH ARE CONSISTENT WITH
27 CRITERIA THROUGHOUT THE ONE-STOP DELIVERY SYSTEM.
28 (6) TO ESTABLISH COOPERATIVE AND COLLABORATIVE
29 RELATIONSHIPS WITH OTHER LOCAL WORKFORCE INVESTMENT BOARDS
30 AND, IF APPROPRIATE, WITH THE UNIFIED SYSTEM GOVERNING BODIES
20020H2778B4741 - 67 -
1 OF OTHER STATES.
2 (7) TO AUTHORIZE USE OF LOCAL WORKFORCE INVESTMENT
3 FUNDS, INCLUDING INDIVIDUAL TRAINING ACCOUNTS, WHERE
4 APPLICABLE, FOR ELIGIBLE CUSTOMERS, FOR ANY OF THE FOLLOWING
5 SERVICES:
6 (I) CORE SERVICES SHALL BE AVAILABLE TO INDIVIDUALS
7 WHO ARE ADULTS OR DISLOCATED WORKERS THROUGH THE ONE-STOP
8 DELIVERY SYSTEM AND SHALL, AT A MINIMUM, INCLUDE ALL OF
9 THE FOLLOWING:
10 (A) DETERMINATIONS OF WHETHER THE INDIVIDUALS
11 ARE ELIGIBLE TO RECEIVE ASSISTANCE.
12 (B) OUTREACH; INTAKE, WHICH MAY INCLUDE WORKER
13 PROFILING; AND ORIENTATION TO THE INFORMATION AND
14 OTHER SERVICES AVAILABLE THROUGH THE ONE-STOP
15 DELIVERY SYSTEM.
16 (C) INITIAL ASSESSMENT OF SKILL LEVELS,
17 APTITUDES, ABILITIES AND SUPPORTIVE SERVICE NEEDS.
18 (D) JOB SEARCH AND PLACEMENT ASSISTANCE AND,
19 WHERE APPROPRIATE, CAREER COUNSELING.
20 (E) PROVISION OF EMPLOYMENT STATISTICS
21 INFORMATION, INCLUDING THE PROVISION OF ACCURATE
22 INFORMATION RELATING TO NATIONAL, REGIONAL AND LOCAL
23 LABOR MARKET AREAS, SUCH AS:
24 (I) JOB VACANCY LISTINGS IN SUCH LABOR
25 MARKET AREAS;
26 (II) INFORMATION ON JOB SKILLS NECESSARY TO
27 OBTAIN THE JOBS DESCRIBED IN SUBCLAUSE (I); AND
28 (III) INFORMATION RELATING TO LOCAL
29 OCCUPATIONS IN DEMAND AND THE EARNINGS AND SKILL
30 REQUIREMENTS FOR SUCH OCCUPATIONS.
20020H2778B4741 - 68 -
1 (F) PROVISION OF PERFORMANCE INFORMATION AND
2 PROGRAM COST INFORMATION ON ELIGIBLE PROVIDERS OF
3 TRAINING SERVICES, PROVIDED BY PROGRAM, ELIGIBLE
4 PROVIDERS OF YOUTH ACTIVITIES, PROVIDERS OF ADULT
5 EDUCATION, PROVIDERS OF POSTSECONDARY VOCATIONAL
6 EDUCATION ACTIVITIES AND VOCATIONAL EDUCATION
7 ACTIVITIES AVAILABLE TO SCHOOL DROPOUTS UNDER THE
8 CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY
9 EDUCATION ACT (PUBLIC LAW 88-210, 20 U.S.C. § 2301 ET
10 SEQ.) AND PROVIDERS OF VOCATIONAL REHABILITATION
11 PROGRAM ACTIVITIES DESCRIBED IN THE REHABILITATION
12 ACT OF 1973 (PUBLIC LAW 93-112, 29 U.S.C. § 701 ET
13 SEQ.).
14 (G) PROVISION OF INFORMATION REGARDING HOW THE
15 LOCAL WORKFORCE INVESTMENT AREA IS PERFORMING ON THE
16 LOCAL PERFORMANCE MEASURES AND ANY ADDITIONAL
17 PERFORMANCE INFORMATION WITH RESPECT TO THE ONE-STOP
18 DELIVERY SYSTEM IN THE LOCAL WORKFORCE INVESTMENT
19 AREA.
20 (H) PROVISION OF ACCURATE INFORMATION RELATING
21 TO THE AVAILABILITY OF [WORK SUPPORT] SERVICES IN
22 COMMUNITY COLLEGES, AREA VOCATIONAL-TECHNICAL SCHOOLS
23 AND CAREER TECHNOLOGY CENTERS AND TECHNICAL COLLEGES,
24 WORKFORCE DEVELOPMENT SERVICES AND THE AVAILABILITY
25 OF WORK SUPPORT SERVICES, INCLUDING CHILD CARE AND
26 TRANSPORTATION, [AVAILABLE] IN THE LOCAL WORKFORCE
27 INVESTMENT AREA AND REFERRAL TO SUCH SERVICES AS
28 APPROPRIATE.
29 (I) PROVISION OF TRANSITIONAL SUPPORT, INCLUDING
30 INFORMATION REGARDING FILING CLAIMS FOR UNEMPLOYMENT
20020H2778B4741 - 69 -
1 COMPENSATION.
2 (J) ASSISTANCE IN ESTABLISHING ELIGIBILITY FOR
3 WELFARE-TO-WORK ACTIVITIES UNDER SECTION 403(A)(5) OF
4 THE SOCIAL SECURITY ACT (49 STAT. 620, 42 U.S.C. §
5 603(A)(5)) AVAILABLE IN THE LOCAL WORKFORCE
6 INVESTMENT AREA AND PROGRAMS OF FINANCIAL AID
7 ASSISTANCE FOR TRAINING AND EDUCATION PROGRAMS THAT
8 ARE NOT FUNDED UNDER THIS ACT AND ARE AVAILABLE IN
9 THE LOCAL WORKFORCE INVESTMENT AREA.
10 (K) FOLLOW-UP SERVICES, INCLUDING COUNSELING
11 REGARDING THE WORKPLACE.
12 (II) INTENSIVE SERVICES:
13 (A) INTENSIVE SERVICES SHALL BE PROVIDED TO
14 ADULTS AND DISLOCATED WORKERS WHO:
15 (I) ARE UNEMPLOYED AND ARE UNABLE TO OBTAIN
16 EMPLOYMENT THROUGH CORE SERVICES;
17 (II) HAVE BEEN DETERMINED BY THE ONE-STOP
18 DELIVERY SYSTEM OPERATOR TO BE IN NEED OF MORE
19 INTENSIVE SERVICES IN ORDER TO OBTAIN EMPLOYMENT;
20 OR
21 (III) ARE EMPLOYED BUT ARE DETERMINED BY A
22 ONE-STOP DELIVERY SYSTEM OPERATOR TO BE IN NEED
23 OF INTENSIVE SERVICES IN ORDER TO OBTAIN OR
24 RETAIN EMPLOYMENT THAT ALLOWS FOR SELF-
25 SUFFICIENCY.
26 (B) INTENSIVE SERVICES SHALL BE PROVIDED THROUGH
27 THE ONE-STOP DELIVERY SYSTEM DIRECTLY THROUGH ONE-
28 STOP DELIVERY SYSTEM OPERATORS OR THROUGH CONTRACTS
29 WITH SERVICE PROVIDERS, WHICH MAY INCLUDE CONTRACTS
30 WITH PUBLIC, PRIVATE FOR-PROFIT AND PRIVATE NONPROFIT
20020H2778B4741 - 70 -
1 SERVICE PROVIDERS, APPROVED BY THE LOCAL WORKFORCE
2 INVESTMENT BOARD.
3 (C) INTENSIVE SERVICES MAY INCLUDE THE
4 FOLLOWING:
5 (I) COMPREHENSIVE AND SPECIALIZED
6 ASSESSMENTS OF THE SKILL LEVELS AND SERVICE NEEDS
7 OF ADULTS AND DISLOCATED WORKERS, WHICH MAY
8 INCLUDE DIAGNOSTIC TESTING AND USE OF OTHER
9 ASSESSMENT TOOLS AND IN-DEPTH INTERVIEWING AND
10 EVALUATION TO IDENTIFY EMPLOYMENT BARRIERS AND
11 APPROPRIATE EMPLOYMENT GOALS.
12 (II) DEVELOPMENT OF AN INDIVIDUAL EMPLOYMENT
13 PLAN TO IDENTIFY THE EMPLOYMENT GOALS,
14 APPROPRIATE ACHIEVEMENT OBJECTIVES AND
15 APPROPRIATE COMBINATION OF SERVICES FOR THE
16 PARTICIPANT TO ACHIEVE THE EMPLOYMENT GOALS.
17 (III) GROUP COUNSELING.
18 (IV) INDIVIDUAL COUNSELING AND CAREER
19 PLANNING.
20 (V) CASE MANAGEMENT.
21 (VI) SHORT-TERM PREVOCATIONAL SERVICES,
22 INCLUDING DEVELOPMENT OF LEARNING SKILLS,
23 COMMUNICATION SKILLS, INTERVIEWING SKILLS,
24 PUNCTUALITY, PERSONAL MAINTENANCE SKILLS AND
25 PROFESSIONAL CONDUCT TO PREPARE INDIVIDUALS FOR
26 EMPLOYMENT OR TRAINING.
27 (III) TRAINING SERVICES:
28 (A) TRAINING SERVICES SHALL BE PROVIDED TO
29 ADULTS AND DISLOCATED WORKERS WHO:
30 (I) HAVE MET THE ELIGIBILITY REQUIREMENTS
20020H2778B4741 - 71 -
1 FOR INTENSIVE SERVICES AND WHO ARE UNABLE TO
2 OBTAIN OR RETAIN EMPLOYMENT THROUGH SUCH
3 SERVICES;
4 (II) AFTER AN INTERVIEW, EVALUATION OR
5 ASSESSMENT AND CASE MANAGEMENT, HAVE BEEN
6 DETERMINED BY A ONE-STOP DELIVERY SYSTEM OPERATOR
7 OR ONE-STOP DELIVERY SYSTEM PARTNER TO BE IN NEED
8 OF TRAINING SERVICES AND TO HAVE THE SKILLS AND
9 QUALIFICATIONS TO SUCCESSFULLY PARTICIPATE IN THE
10 SELECTED PROGRAM OF TRAINING SERVICES; AND
11 (III) SELECT PROGRAMS OF TRAINING SERVICES
12 WHICH ARE DIRECTLY LINKED TO THE EMPLOYMENT
13 OPPORTUNITIES IN THE LOCAL WORKFORCE INVESTMENT
14 AREA INVOLVED OR IN ANOTHER AREA IN WHICH THE
15 ADULTS OR DISLOCATED WORKERS RECEIVING SUCH
16 SERVICES ARE WILLING TO RELOCATE.
17 (B) TRAINING SERVICES SHALL BE LIMITED TO
18 INDIVIDUALS WHO ARE UNABLE TO OBTAIN OTHER GRANT
19 ASSISTANCE FOR SUCH SERVICES, INCLUDING FEDERAL PELL
20 GRANTS ESTABLISHED UNDER TITLE IV OF THE HIGHER
21 EDUCATION ACT OF 1965 (PUBLIC LAW 89-329, 20 U.S.C. §
22 1070 ET SEQ.), OR REQUIRE ASSISTANCE BEYOND THE
23 ASSISTANCE MADE AVAILABLE UNDER OTHER GRANT
24 ASSISTANCE PROGRAMS, INCLUDING FEDERAL PELL GRANTS.
25 (C) TRAINING SERVICES MAY INCLUDE:
26 (I) OCCUPATIONAL SKILLS TRAINING, INCLUDING
27 TRAINING FOR NONTRADITIONAL EMPLOYMENT.
28 (II) ON-THE-JOB TRAINING.
29 (III) PROGRAMS WHICH COMBINE WORKPLACE
30 TRAINING WITH RELATED INSTRUCTION, INCLUDING
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1 COOPERATIVE EDUCATION PROGRAMS.
2 (IV) TRAINING PROGRAMS OPERATED BY THE
3 PRIVATE SECTOR.
4 (V) SKILL UPGRADING AND RETRAINING.
5 (VI) ENTREPRENEURIAL TRAINING.
6 (VII) JOB READINESS TRAINING.
7 (VIII) ADULT EDUCATION AND LITERACY
8 ACTIVITIES PROVIDED IN COMBINATION WITH SERVICES
9 DESCRIBED IN ANY OF SUBCLAUSES (I) THROUGH (VII).
10 (IX) CUSTOMIZED TRAINING CONDUCTED WITH A
11 COMMITMENT BY AN EMPLOYER OR GROUP OF EMPLOYERS
12 TO EMPLOY AN INDIVIDUAL UPON SUCCESSFUL
13 COMPLETION OF THE TRAINING.
14 (8) TO COMPILE AN ANNUAL REPORT TO BE SUBMITTED TO THE
15 BOARD BY A DEADLINE TO BE DETERMINED BY THE BOARD. THIS
16 REPORT SHALL INCLUDE, AT A MINIMUM:
17 (I) A LIST OF THE MEMBERSHIP OF THE LOCAL WORKFORCE
18 INVESTMENT BOARD, INCLUDING THE NAME, AFFILIATION,
19 ADDRESS, TELEPHONE NUMBER, TELEFAX NUMBER AND ELECTRONIC
20 MAIL ADDRESS;
21 (II) THE NEGOTIATED LOCAL LEVEL OF PERFORMANCE;
22 (III) THE LEVEL OF PERFORMANCE ACHIEVED, INCLUDING
23 AN ANALYSIS OF THE STRENGTHS AND WEAKNESSES;
24 (IV) THE PROGRAMS PARTICIPATED IN; AND
25 (V) A LIST OF THE LOCAL ELIGIBLE SERVICE PROVIDERS.
26 SECTION 8. CHAPTER 7 OF THE ACT IS REPEALED.
27 SECTION 9. THE ACT IS AMENDED BY ADDING CHAPTERS TO READ:
28 CHAPTER 7-A
29 CRITICAL JOB TRAINING GRANTS
30 SECTION 701-A. PURPOSE.
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1 THE PURPOSE OF THIS CHAPTER IS TO EXPAND THE COORDINATION OF
2 THE RESOURCES WITHIN THE UNIFIED SYSTEM AND TO ENHANCE THE
3 LEADERSHIP OF THE WORKFORCE INVESTMENT SYSTEM, PARTICULARLY WITH
4 REFERENCE TO THE RESOURCES UNDER THE CONTROL AND DIRECTION OF
5 THE PARTICIPATING AGENCIES. THIS GRANT PROGRAM SHALL BE AGILE,
6 FLEXIBLE AND RESPONSIVE TO THE IMMEDIATE AND LONG-TERM TRAINING
7 NEEDS OF JOB SEEKERS, PRIVATE BUSINESSES AND THE WORKFORCE
8 REGIONS OF THE COMMONWEALTH. THE COORDINATION AND LEVERAGING OF
9 RESOURCES WITHIN THE WORKFORCE INVESTMENT SYSTEM IS CRUCIAL TO
10 THE EFFECTIVE DELIVERY OF SERVICES TO THE EMPLOYERS AND
11 RESIDENTS OF THIS COMMONWEALTH.
12 SECTION 702-A. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
14 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
15 CONTEXT CLEARLY INDICATES OTHERWISE:
16 "CRITICAL JOB TRAINING." TRAINING FOR DISLOCATED WORKERS AND
17 UNDEREMPLOYED WORKERS, FOR OCCUPATIONS WITH IMMEDIATE SKILL
18 NEEDS, FOR HIGH-DEMAND JOBS OR JOBS WITH A SHORTAGE OF SKILLED
19 WORKERS, AS IDENTIFIED BY THE PENNSYLVANIA WORKFORCE INVESTMENT
20 BOARD AND THE PARTICIPATING AGENCIES.
21 "DISLOCATED WORKER." A PERSON WHO MEETS ANY ONE OF THE
22 FOLLOWING CONDITIONS:
23 (1) HAS BEEN TERMINATED OR LAID OFF, OR WHO HAS RECEIVED
24 NOTICE OF TERMINATION OR LAYOFF, AND IS ELIGIBLE FOR OR HAS
25 EXHAUSTED UNEMPLOYMENT COMPENSATION BENEFITS.
26 (2) IS UNLIKELY TO RETURN TO THE INDUSTRY OR OCCUPATION
27 IN WHICH THE INDIVIDUAL WAS EMPLOYED.
28 (3) HAS BEEN TERMINATED OR RECEIVED NOTICE OF
29 TERMINATION AS A RESULT OF THE PERMANENT CLOSURE OR
30 RELOCATION OF A PLANT, FACILITY OR PLANT OPERATION IN WHICH
20020H2778B4741 - 74 -
1 THE INDIVIDUAL WAS EMPLOYED.
2 (4) IS CHRONICALLY UNEMPLOYED.
3 (5) HAS LIMITED OPPORTUNITIES OF EMPLOYMENT IN THE
4 GEOGRAPHIC AREA IN WHICH THE INDIVIDUAL RESIDES.
5 (6) IS AN INDIVIDUAL WHO MAY FACE SUBSTANTIAL BARRIERS
6 TO EMPLOYMENT BECAUSE OF AGE OR DISABILITY.
7 "ELIGIBLE APPLICANT." PROVIDERS OF WORKFORCE SERVICES AND
8 ACTIVITIES, INCLUDING, BUT NOT LIMITED TO: PUBLIC AGENCIES,
9 NONPROFIT ORGANIZATIONS AND PRIVATE PROVIDERS; A LOCAL EDUCATION
10 AGENCY; AN INDUSTRIAL RESOURCE CENTER; AN ECONOMIC DEVELOPMENT
11 ORGANIZATION CERTIFIED BY THE DEPARTMENT OF COMMUNITY AND
12 ECONOMIC DEVELOPMENT; A GREENHOUSE; A PRIVATE COMPANY; A LABOR
13 ORGANIZATION; A LOCAL WORKFORCE INVESTMENT BOARD.
14 "GREENHOUSE." A NONPROFIT ORGANIZATION RECOGNIZED UNDER
15 SECTION 501 (C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
16 LAW 99-514, 26 U.S.C. § 1 ET SEQ.) THAT IS FORMED FOR THE
17 EXPRESS PURPOSE OF CREATING UNIVERSITY/BUSINESS PARTNERSHIPS TO
18 ADVANCE SCIENCE AND TECHNOLOGY AND TO SUPPORT ECONOMIC AND
19 WORKFORCE DEVELOPMENT.
20 "INDUSTRIAL RESOURCE CENTER." AN INDUSTRIAL RESOURCE CENTER
21 AS DEFINED BY THE ACT OF JUNE 22, 2001 (P.L.400, NO.31), KNOWN
22 AS THE INDUSTRIAL RESOURCES CENTER PARTNERSHIP ACT.
23 "LOCAL EDUCATION AGENCY." A PENNSYLVANIA INSTITUTION
24 CERTIFIED BY THE DEPARTMENT OF EDUCATION, WHICH MAY INCLUDE ANY
25 OF THE FOLLOWING:
26 (1) AREA VOCATIONAL-TECHNICAL SCHOOLS.
27 (2) COMMUNITY, TECHNICAL AND JUNIOR COLLEGES.
28 (3) INTERMEDIATE UNITS.
29 (4) LICENSED PRIVATE/PROPRIETARY BUSINESS AND TRADE
30 SCHOOLS.
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1 (5) PUBLIC SCHOOL DISTRICTS.
2 (6) STATE OR PRIVATE COLLEGES AND UNIVERSITIES.
3 "PRIVATE COMPANY." A BUSINESS, PROFESSIONAL SERVICE COMPANY
4 OR OTHER ENTERPRISE. THE TERM MAY INCLUDE A GROUP OF TWO OR MORE
5 PRIVATE COMPANIES OPERATING AS A CONSORTIUM IN ORDER TO TAKE
6 ADVANTAGE OF A COMMON TRAINING PROGRAM.
7 "UNDEREMPLOYED WORKER." A PERSON REQUIRING SKILL TRAINING TO
8 MEET INDUSTRY SKILL DEMANDS OR TO INCREASE HIS EMPLOYMENT
9 OPPORTUNITIES.
10 SECTION 703-A. PROGRAM OPERATION.
11 THE BOARD SHALL OVERSEE THE OPERATION OF THIS PROGRAM, WITH
12 APPROPRIATE AGENCY STAFFING SUPPORT AS DETERMINED BY THE
13 PARTICIPATING AGENCIES AND THE GOVERNOR. THE BOARD SHALL WORK
14 WITH THE PARTICIPATING AGENCIES AND LOCAL WORKFORCE INVESTMENT
15 BOARDS TO IDENTIFY SOURCES OF FEDERAL AND STATE FUNDS TO BE USED
16 FOR THESE GRANTS. THE BOARD SHALL RECOMMEND PROCEDURES FOR THE
17 AWARD OF GRANTS TO ELIGIBLE APPLICANTS FOR PROJECTS THAT ARE
18 CONSISTENT WITH THE CRITERIA SET FORTH IN SECTION 704-A.
19 SECTION 704-A. GRANTS.
20 (A) SINGLE APPLICATION.--THERE SHALL BE A SINGLE MULTIAGENCY
21 APPLICATION FOR THE GRANTS AWARDED UNDER THIS CHAPTER. AN
22 APPLICATION MUST DEMONSTRATE:
23 (1) THE NUMBER OF DISLOCATED WORKERS OR OTHERS THAT WILL
24 RECEIVE TRAINING.
25 (2) THE EXISTENCE OF JOB OPPORTUNITIES DIRECTLY RELATED
26 TO THE TRAINING.
27 (3) HOW THE TRAINING WILL SUPPORT GROWTH INDUSTRIES
28 WITHIN THIS COMMONWEALTH WHICH ARE IDENTIFIED IN THE
29 STRATEGIC PLAN OF THE LOCAL WORKFORCE INVESTMENT BOARD OR BY
30 INDUSTRY CLUSTERS IDENTIFIED BY THE PARTICIPATING AGENCIES
20020H2778B4741 - 76 -
1 AND THE PENNSYLVANIA WORKFORCE INVESTMENT BOARD.
2 (4) PRIVATE SECTOR PARTICIPATION IN TRAINING DESIGN AND
3 PLACEMENT OF TRAINING RECIPIENTS.
4 (B) APPLICATIONS AND GUIDELINES.--THE PARTICIPATING
5 AGENCIES, IN CONSULTATION WITH THE BOARD AND LOCAL WORKFORCE
6 INVESTMENT BOARDS, SHALL DEVELOP GRANT APPLICATIONS, ESTABLISH
7 GUIDELINES, DEVELOP FORMS AND INSTITUTE SUCH PROCEDURES,
8 INCLUDING THE UTILIZATION OF PARTICIPATING AGENCY RESOURCES, AS
9 MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.
10 (C) INFORMATION.--THE PARTICIPATING AGENCIES SHALL REQUIRE
11 SUCH INFORMATION AND RECORDS FROM EACH APPLICANT AND ITS
12 AUTHORIZED TRAINING PROVIDERS AS DEEMED NECESSARY TO CARRY OUT
13 ITS RESPONSIBILITIES UNDER THIS CHAPTER.
14 (D) LIMITATIONS.--A LOCAL WORKFORCE INVESTMENT BOARD, A
15 CERTIFIED ECONOMIC DEVELOPMENT ORGANIZATION AND A GREENHOUSE MAY
16 NOT SERVE AS A TRAINING PROVIDER FOR THESE GRANTS.
17 (E) BOARD RECOMMENDATIONS.--BEGINNING OCTOBER 1, 2003, AND
18 EACH YEAR THEREAFTER, THE BOARD MAY RECOMMEND CHANGES IN THE
19 OPERATION AND FUNDING OF THE PROGRAM TO THE GOVERNOR AND THE
20 GENERAL ASSEMBLY. THE RECOMMENDATIONS SHALL BE MADE AFTER THE
21 BOARD CONSULTS WITH LOCAL WORKFORCE INVESTMENT BOARDS, SECONDARY
22 SCHOOLS AND POSTSECONDARY INSTITUTIONS.
23 SECTION 705-A. APPROVAL OF APPLICATIONS AND CONTRACTS.
24 A COMMITTEE COMPOSED OF THE PARTICIPATING AGENCIES MAY
25 APPROVE A GRANT APPLICATION AND THE APPROPRIATE COMMONWEALTH
26 AGENCY OR AGENCIES SHALL ENTER INTO A CONTRACT WITH AN ELIGIBLE
27 APPLICANT TO PROVIDE CRITICAL JOB TRAINING GRANTS TO THE EXTENT
28 OF FUNDS IDENTIFIED BY PARTICIPATING AGENCIES FOR THIS PURPOSE.
29 NOTWITHSTANDING THE ACT OF DECEMBER 20, 1985 (P.L.492, NO.116),
30 KNOWN AS THE CUSTOMIZED JOB TRAINING ACT, OR ITS SUCCESSOR
20020H2778B4741 - 77 -
1 PROVISIONS, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
2 MAY USE FUNDS APPROPRIATED UNDER THE ACT TO PROVIDE CRITICAL JOB
3 TRAINING GRANTS TO ELIGIBLE APPLICANTS.
4 CHAPTER 9
5 WORKFORCE LEADERSHIP GRANTS
6 SECTION 901. PURPOSE.
7 THE PURPOSE OF THIS CHAPTER IS TO USE FUNDS APPROPRIATED FOR
8 THESE GRANTS TO ESTABLISH INNOVATIVE PROGRAMS THAT ADDRESS
9 SHORT-TERM AND LONG-TERM WORKFORCE DEVELOPMENT NEEDS IN INDUSTRY
10 CLUSTERS CRITICAL TO THE DEVELOPMENT OF THE NEW ECONOMY IN THIS
11 COMMONWEALTH.
12 SECTION 902. INNOVATIVE PROGRAMS.
13 (A) PROGRAM CONTENT.--AN INNOVATIVE PROGRAM SHALL ADDRESS
14 ONE OF THE FOLLOWING:
15 (1) INTEGRATED AND SEAMLESS SECONDARY AND POSTSECONDARY
16 EDUCATION AND TRAINING WITH AREA VOCATIONAL-TECHNICAL SCHOOLS
17 AND CAREER TECHNOLOGY CENTERS; SECONDARY SCHOOLS, INCLUDING
18 CHARTER SCHOOLS AT THESE GRADE LEVELS; COMMUNITY COLLEGES;
19 TECHNICAL COLLEGES; AND POSTSECONDARY INSTITUTIONS.
20 (2) ASSISTANCE TO LOCAL WORKFORCE INVESTMENT AREAS TO
21 ESTABLISH OR EXPAND A COMPREHENSIVE DELIVERY SYSTEM OF
22 WORKFORCE DEVELOPMENT SERVICES, PARTICULARLY WITH DEGREE-
23 GRANTING PROGRAMS.
24 (3) AGILE, FLEXIBLE AND RESPONSIVE TRAINING PROGRAMMING
25 FOR INCUMBENT WORKERS.
26 (B) CURRICULUM CONCENTRATIONS.--THE CURRICULUM AND PROGRAMS
27 UNDER SUBSECTION (A)(1) SHALL BE FOCUSED ON THREE CLUSTER AREAS:
28 BIO-TECHNOLOGY/LIFE SCIENCES; INFORMATION TECHNOLOGY/OPTO-
29 ELECTRONICS AND ADVANCED MANUFACTURING AND MATERIALS.
30 (C) BUSINESS INTERACTION.--THE PROGRAMS UNDER SUBSECTION
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1 (A)(1) MUST BE DEVELOPED AND CONTINUE TO OPERATE WITH DIRECT
2 BUSINESS INTERACTION IN THE CURRICULUM, THE RECRUITMENT OF
3 STUDENTS, INTERNSHIPS AND THE PLACEMENT OF GRADUATES. THE
4 APPLICATION AND USE OF NANOTECHNOLOGY SHALL BE AN INTEGRAL PART
5 OF POSTSECONDARY INSTRUCTION WITH EXPOSURE TO THIS TECHNOLOGY
6 FOR STUDENTS AT THE SECONDARY LEVEL.
7 (D) AWARD OF GRANTS.--WORKFORCE LEADERSHIP GRANTS SHALL BE
8 AWARDED FOR EACH OF THE THREE CLUSTER AREAS IN SUBSECTION (A)(1)
9 TO APPLICANTS DEMONSTRATING SUBSTANTIAL PROGRAM INTEGRATION
10 ACROSS EDUCATIONAL LEVELS AND WITH A SIGNIFICANT NUMBER OF
11 PARTICIPATING INSTITUTIONS. APPLICANTS ABLE TO LEVERAGE OTHER
12 FUNDING AND PROGRAMMING RESOURCES SHALL RECEIVE ADDITIONAL
13 CONSIDERATION IN THE DETERMINATION OF AWARDS.
14 SECTION 903. PROGRAM OPERATION.
15 IN COLLABORATION WITH THE PARTICIPATING AGENCIES AND THE
16 BOARD, THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
17 SHALL MANAGE THE OPERATION OF THIS PROGRAM, ESTABLISH GUIDELINES
18 AND AN APPLICATION PROCESS FOR THE GRANTS, DEVELOP SUCH FORMS
19 AND INSTITUTE PROCEDURES TO IMPLEMENT THIS PROGRAM, DETERMINE
20 THE DISTRIBUTION OF FUNDS, AND DETERMINE THE APPROVED
21 APPLICATIONS FOR INNOVATIVE PROGRAMS AS ESTABLISHED IN SECTION
22 902. THE DEPARTMENT SHALL ENTER INTO A CONTRACT WITH AN ELIGIBLE
23 APPLICANT TO PROVIDE WORKFORCE LEADERSHIP GRANTS FROM FUNDS
24 APPROPRIATED FOR THIS PURPOSE OR FROM FUNDS IDENTIFIED BY THE
25 PARTICIPATING AGENCIES FOR THIS PURPOSE UNDER THE GENERAL
26 APPROPRIATIONS ACT.
27 CHAPTER 15
28 WORKFORCE DEVELOPMENT COURSES
29 SECTION 1501. REIMBURSEMENT FOR COMMUNITY COLLEGES.
30 (A) CALCULATION.--COMMUNITY COLLEGES OFFERING NONCREDIT
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1 COURSES DEFINED IN THIS CHAPTER AS "WORKFORCE DEVELOPMENT
2 COURSES" SHALL BE REIMBURSED BY THE COMMONWEALTH USING 90% OF
3 THE REIMBURSEMENT FACTOR UTILIZED FOR CREDIT COURSES UNDER
4 SECTION 1913-A OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
5 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
6 (B) PRIORITIES.--THE PRIORITIES OF THE COMMONWEALTH AND ITS
7 NEEDS FOR EDUCATION AND TRAINING OF WORKERS AND POTENTIAL
8 WORKERS SHALL BE CONSIDERED IN CHANGES AND ADDITIONS TO THE
9 SUBJECT MATTER OF WORKFORCE DEVELOPMENT COURSES.
10 (C) COURSE SITES.--NONCREDIT WORKFORCE DEVELOPMENT COURSES
11 MAY BE OFFERED BY A COMMUNITY COLLEGE AT AN OFF-CAMPUS SITE, AT
12 ANY OF ITS FACILITIES OR THROUGH ANY FORM OF DISTANCE EDUCATION.
13 SECTION 1502. DEFINITION.
14 FOR THE PURPOSES OF THIS CHAPTER, THE TERM "WORKFORCE
15 DEVELOPMENT COURSES" IS DEFINED AS THOSE NONCREDIT COURSES
16 HAVING THE SPECIFIC PURPOSE OF PROVIDING OPPORTUNITIES FOR
17 STUDENTS AND INCUMBENT WORKERS TO DEVELOP AND/OR UPGRADE SKILLS
18 NECESSARY OR USEFUL IN GAINFUL EMPLOYMENT, FOR PROMOTION OR
19 OTHER SIMILAR OPPORTUNITIES IN EXISTING EMPLOYMENT, OR FOR
20 LEARNING NEW JOB SKILLS. THE SUBJECT MATTER OF NONCREDIT
21 WORKFORCE DEVELOPMENT COURSES MAY ENCOMPASS, BUT IS NOT LIMITED
22 TO, INSTRUCTION IN ANY OF THE FOLLOWING GENERAL AREAS:
23 (1) COMPUTERS AND INFORMATION PROCESSING AND TECHNOLOGY,
24 INCLUDING THE STUDY OF BOTH HARDWARE AND SOFTWARE
25 APPLICATIONS.
26 (2) MANAGEMENT, SUPERVISION AND BASIC EMPLOYABILITY
27 SKILLS, INCLUDING, BUT NOT LIMITED TO, WORKING IN TEAMS,
28 MANAGEMENT AND SUPERVISORY SKILLS, EFFECTIVE INTERPERSONAL
29 RELATIONS, PROBLEM SOLVING, SELF-MANAGEMENT STRATEGIES,
30 PROJECT MANAGEMENT AND THE APPLICATION OF FEDERAL AND STATE
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1 LAWS TO THE WORKPLACE.
2 (3) HEALTH PROFESSIONAL AND ALLIED HEALTH JOB SKILLS.
3 (4) TECHNICAL, MANUFACTURING AND SERVICE INDUSTRIES,
4 INCLUDING, BUT NOT LIMITED TO, JOBS IN SUCH FIELDS AS
5 POWDERED METALS, MACHINE TOOL AND DIE-MAKING, ELECTRONICS,
6 SAFETY, PLASTICS TECHNOLOGY, HYDRAULICS, CONSTRUCTION,
7 WAREHOUSE/MATERIALS MANAGEMENT, AUTOMOTIVE REPAIR AND
8 MANAGEMENT, HEATING, VENTILATION AND AIR CONDITIONING,
9 REFRIGERATION AND TOURISM.
10 SECTION 10. SECTION 4903 OF THE ACT IS REPEALED.
11 SECTION 11. SECTION 1913-A(B)(1.4)(II)(B) OF THE ACT OF
12 MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
13 OF 1949, IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH THIS
14 ACT.
15 SECTION 12. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
16 (1) THE ADDITION OF CHAPTER 15 OF THE ACT SHALL TAKE
17 EFFECT JULY 1, 2003.
18 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
19 IMMEDIATELY.
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