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Senate Study Bill 3189 - IntroducedA Bill ForAn Act 1relating to the membership and duties of the state
2and local workforce development boards and related
3responsibilities of the department of workforce development
4and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 84A.1A, subsection 5, Code 2018, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
45. A member of the workforce development board shall not do
5any of the following:
6a. Vote on a matter under consideration by the board that
7concerns the provision of services by the member or by an
8entity that the member represents.
9b. Vote on a matter under consideration by the board that
10would provide direct financial benefit to the member or the
11immediate family of the member.
12c. Engage in any other activity determined by the governor
13to constitute a conflict of interest as specified in the state
14workforce development plan.
15 Sec. 2. Section 84A.1A, Code 2018, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 7. In addition to meeting the requirements
18of chapter 22, the workforce development board shall make
19available to the public, on a regular basis through electronic
20means and, if applicable, through open meetings in accordance
21with chapter 21, information regarding the activities of the
22board, including all of the following:
23a. Information regarding the state workforce development
24plan, as required under the federal Workforce Innovation and
25Opportunity Act, Pub.L.No.113-128, prior to submission of
26the state workforce development plan or modification of the
27plan.
28b. Information regarding the membership of the board.
29c. The bylaws of the board.
30 NEW SUBSECTION. 8. Sections 69.16 and 69.16A shall apply
31only to those members of the board appointed by the governor
32pursuant to subsection 1, paragraph “a”, subparagraph (8).
33 Sec. 3. Section 84A.1B, subsection 1, Code 2018, is amended
34to read as follows:
351. Develop and coordinate the implementation of a four-year
-1-1comprehensive state workforce development plan of specific
2needs, goals, strategies, and policies for the state. This
3plan shall be updated every two years and revised as necessary.
4All other state agencies involved in workforce development
5activities and the local workforce development boards shall
6submit to the board for its review and potential inclusion in
7the plan their needs, goals, strategies, and policies.
8 Sec. 4. NEW SECTION. 84A.2 Definitions.
9For purposes of this chapter:
101. “Chief elected official” means any of the following:
11a. The chief elected executive officer of a unit of general
12local government in a local workforce development area.
13b. If a local workforce development area includes more
14than one unit of general local government, the individuals
15designated under the agreement described in section 84A.4,
16subsection 2, paragraph “h”, subparagraph (2).
172. “Community-based organization” means a private nonprofit
18organization, which may include a faith-based organization,
19that is representative of a community or a significant
20segment of a community and that has demonstrated expertise and
21effectiveness in the field of workforce development.
223. “Competitive integrated employment” means work that
23is performed on a full-time or part-time basis, including
24self-employment, to which all of the following apply:
25a. All of the following apply to the individual performing
26the work:
27(1) The individual is compensated at a rate in accordance
28with all of the following:
29(a) If the individual is not self-employed, all of the
30following apply:
31(i) The rate of compensation shall not be less than the
32higher of the applicable federal or state minimum wage.
33(ii) The rate of compensation shall not be less than the
34customary rate paid by the employer for the same or similar
35work performed by other employees who are not individuals
-2-1with disabilities, and who are similarly situated in similar
2occupations by the same employer and who have similar training,
3experience, and skills.
4(b) If the individual is self-employed, the rate of
5compensation yields an income that is comparable to the income
6received by other individuals who are not individuals with
7disabilities, and who are self-employed in similar occupations
8or on similar tasks and who have similar training, experience,
9and skills.
10(2) The individual is eligible for the level of benefits
11provided to other employees.
12b. The work is at a location where the individual interacts
13with other persons who are not individuals with disabilities,
14not including supervisory personnel or individuals who are
15providing services to such individual, to the same extent that
16individuals who are not individuals with disabilities and who
17are in comparable positions interact with other persons.
18c. The work, as appropriate, presents opportunities for
19advancement that are similar to those for other employees who
20are not individuals with disabilities and who have similar
21positions.
224. “Cooperative agreement” means an agreement entered into
23by a state-designated agency or state-designated unit under
24section 101(a)(11)(A) of the federal Rehabilitation Act of
251973.
265. “Core program” means a program authorized under any of
27the following:
28a. Chapters 2 and 3 of subtitle B of Tit.I of the federal
29Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
30relating to youth workforce investment activities and adult and
31dislocated worker employment and training activities.
32b. Tit.II of the federal Workforce Innovation and
33Opportunity Act, Pub.L.No.113-128, relating to adult
34education and literacy activities.
35c. Sections 1 to 13 of the federal Wagner-Peyser Act, as
-3-1codified at 29 U.S.C.§49 et seq., relating to employment
2services.
3d. Tit.I of the federal Rehabilitation Act of 1973, as
4codified at 29 U.S.C.§720 et seq., relating to vocational
5rehabilitation services, excluding 29 U.S.C.§732 and 741.
66. a. “Demonstrated experience and expertise”, for purposes
7of the state workforce development board, means the expertise
8had by an individual with documented leadership in developing
9or implementing workforce development, human resources,
10training and development, or a core program function.
11“Demonstrated experience and expertise” may include individuals
12with experience in education or training of individuals with a
13barrier to employment.
14b. “Demonstrated experience and expertise”, for purposes of
15a local workforce development board, means the expertise had by
16an individual to whom any of the following apply:
17(1) The individual is a workplace learning advisor.
18(2) The individual contributes to the field of workforce
19development, human resources, training and development, or a
20core program function.
21(3) The individual has been recognized by the local
22workforce development board for valuable contributions in
23education or workforce development-related fields.
247. “Economic development agency” includes a local workforce
25development planning or zoning commission or board, a community
26development agency, or another local agency or institution
27responsible for regulating, promoting, or assisting in local
28economic development.
298. “Eligible youth” means an in-school or out-of-school
30youth, except as provided in subtitles C and D of Tit.I of the
31federal Workforce Innovation and Opportunity Act, Pub.L.No.
32113-128.
339. a. “In-demand industry sector or occupation” means any
34of the following:
35(1) An industry sector that has a substantial current or
-4-1potential impact, including through jobs that lead to economic
2self-sufficiency and opportunities for advancement, on the
3state, regional, or local economy, as appropriate, and that
4contributes to the growth or stability of other supporting
5businesses, or the growth of other industry sectors.
6(2) An occupation that currently has or is projected to
7have a number of positions, including positions that lead to
8economic self-sufficiency and opportunities for advancement,
9in an industry sector so as to have a significant impact on the
10state, regional, or local economy, as appropriate.
11b. The determination of whether an industry sector or
12occupation is an “in-demand industry sector or occupation” shall
13be made by the state workforce development board or local
14workforce development board, as appropriate, using state and
15regional business and labor market projections, including the
16use of labor market information.
1710. “Individual with a barrier to employment” means a member
18of one or more of the following populations:
19a. Displaced homemakers.
20b. Low-income individuals.
21c. Indians, Alaska Natives, and Native Hawaiians, as such
22terms are defined in the federal Workforce Innovation and
23Opportunity Act, Pub.L.No.113-128, §166.
24d. Individuals with disabilities, including youth who are
25individuals with disabilities.
26e. Individuals fifty-five years of age or older.
27f. Ex-offenders.
28g. Homeless individuals as defined in 34 U.S.C.§12473,
29or homeless children and youths as defined in 34 U.S.C.
30§11434a(2).
31h. Youth who are in or have aged out of the foster care
32system.
33i. Individuals who are English language learners,
34individuals who have low levels of literacy, and individuals
35facing substantial cultural barriers.
-5- 1j. Eligible migrant and seasonal farmworkers, as defined in
2the federal Workforce Innovation and Opportunity Act, Pub.L.
3No.113-128, §167(i).
4k. Individuals within two years of exhausting lifetime
5eligibility under part A of Tit.IV of the Social Security Act,
6as codified in 42 U.S.C.§601 et seq.
7l. Single parents and single pregnant women.
8m. Long-term unemployed individuals.
9n. Such other groups as the governor determines to have a
10barrier to employment.
1111. “Individual with a disability” means an individual with
12a disability as defined in 42 U.S.C.§12102. “Individuals with
13disabilities” means more than one individual with a disability.
1412. a. “Industry or sector partnership” means a workforce
15collaborative, convened by or acting in partnership with
16the state workforce development board or a local workforce
17development board, that organizes key stakeholders in an
18industry cluster into a working group that focuses on the
19shared goals and human resources needs of the industry cluster
20and that includes, at the appropriate stage of development of
21the partnership, all of the following:
22(1) Representatives of multiple businesses or other
23employers in the industry cluster, including small and
24medium-sized employers when practicable.
25(2) One or more representatives of a recognized state
26labor organization or central labor council, or another labor
27representative, as appropriate.
28(3) One or more representatives of an institution of higher
29education with, or another provider of, education or training
30programs that support the industry cluster.
31b. “Industry or sector partnership” may include
32representatives of state or local government, state or
33local, the state workforce development board, local workforce
34development boards, the department of workforce development or
35another entity providing employment services, state or local
-6-1agencies, business or trade associations, economic development
2organizations, nonprofit organizations, community-based
3organizations, philanthropic organizations, industry
4associations, and other organizations, as determined to be
5necessary by the members comprising the industry or sector
6partnership.
713. “In-school youth” means youth described in the federal
8Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
9§129(a)(1)(C).
1014. “Institution of higher education” means the same as
11defined in 20 U.S.C.§1001 and 1002(a)(1).
1215. “Offender” means any of the following:
13a. An adult or juvenile who is or has been subject to any
14stage of the criminal or juvenile justice process, and for whom
15workforce services may be beneficial.
16b. An adult or juvenile who requires assistance overcoming
17an artificial barrier to employment resulting from a record of
18arrest or conviction.
1916. “One-stop center” means a site described in the federal
20Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
21§121(e)(2).
2217. “One-stop operator” means one or more entities
23designated or certified under the federal Workforce Innovation
24and Opportunity Act, Pub.L.No.113-128, §121(d).
2518. “Optimum policymaking authority” means the authority
26of an individual who can reasonably be expected to speak
27affirmatively on behalf of the entity the individual represents
28and to commit that entity to a chosen course of action.
2919. “Out-of-school youth” means a youth described in the
30federal Workforce Innovation and Opportunity Act, Pub.L.No.
31113-128, §129(a)(1)(B).
3220. “Unit of general local government” means a county or
33city.
3421. “Workforce investment activity” means an employment and
35training activity or a youth workforce investment activity.
-7- 122. “Workforce learning advisor” means an individual
2employed by an organization who has the knowledge and skills
3necessary to advise other employees of that organization
4about the education, skill development, job training, career
5counseling services, and credentials, including services
6provided through the workforce development system, required
7to progress toward career goals of such employees in order to
8meet employer requirements related to job openings and career
9advancements that support economic self-sufficiency.
10 Sec. 5. NEW SECTION. 84A.3 Local workforce development
11plans.
121. A local workforce development board shall, in
13partnership with the chief elected official, develop a
14comprehensive four-year local workforce development plan. The
15local workforce development board shall submit the workforce
16development plan to the department of workforce development in
17the manner and form determined by the department. The local
18workforce development plan shall support the strategy described
19in the state workforce development plan in accordance with the
20federal Workforce Innovation and Opportunity Act, Pub.L.No.
21113-128, §102(b)(1)(E), and shall otherwise be consistent with
22the state workforce development plan. If the local workforce
23development area is part of a planning region as defined in the
24federal Workforce Innovation and Opportunity Act, Pub.L.No.
25113-128, §3(48), the local workforce development board shall
26comply with the federal Workforce Innovation and Opportunity
27Act, Pub.L.No.113-128, §106(c), in the preparation and
28submission of a regional plan.
292. At the end of the first two-year period of the local
30workforce development plan, a local workforce development board
31shall review the local workforce development plan and, in
32partnership with the chief elected official, prepare and submit
33to the department of workforce development modifications to the
34local workforce development plan to reflect changes in labor
35market and economic conditions or in other factors affecting
-8-1the implementation of the local workforce development plan.
23. The local workforce development plan shall include the
3contents required by the federal Workforce Innovation and
4Opportunity Act, Pub.L.No.113-128, §108(b), and such other
5information as the department of workforce development or the
6state workforce development board may require.
7 Sec. 6. Section 84A.4, Code 2018, is amended by striking the
8section and inserting in lieu thereof the following:
984A.4 Local workforce development boards.
101. Establishment. Except as provided in subsection 3,
11paragraph “a”, the department of workforce development shall
12establish and certify a local workforce development board in
13each local workforce development area of the state to carry
14out the functions described in subsection 4 and any functions
15specified for the local workforce development board under the
16federal Workforce Innovation and Opportunity Act, Pub.L.No.
17113-128, or the provisions establishing a core program for such
18local workforce development area.
192. Membership.
20a. State criteria. The governor, in partnership with the
21state workforce development board, shall establish criteria
22for use by chief elected officials in the local workforce
23development areas for appointment of members of the local
24workforce development boards in such areas in accordance with
25the requirements of paragraph “b”.
26b. Composition. The membership criteria for a local
27workforce development board shall include, at a minimum, all
28of the following:
29(1) A majority of the membership of each local workforce
30development board shall be representatives of business in
31the local workforce development area appointed from among
32individuals nominated by local business organizations and
33business trade associations, to whom all of the following shall
34apply:
35(a) The members shall be owners of businesses, chief
-9-1executives or operating officers of businesses, or other
2business executives or employers with optimum policymaking
3authority or hiring authority.
4(b) The members shall represent businesses, including small
5businesses, that provide employment opportunities that, at
6a minimum, include high-quality, work-relevant training and
7development in in-demand industry sectors or occupations in the
8local workforce development area, or organizations representing
9such businesses.
10(2) (a) Not less than twenty percent of the membership of
11a local workforce development board shall be representatives of
12the workforce within the local workforce development area, to
13whom all of the following shall apply:
14(i) For a local workforce development area in which
15employees are represented by labor organizations, the members
16shall include representatives of labor organizations or persons
17who have been nominated by local labor federations. For a
18local workforce development area in which employees are not
19represented by such organizations, the members shall include
20other representatives of employees;
21(ii) The members shall include a representative who is
22a member of a labor organization or a training director, a
23representative from a joint labor-management apprenticeship
24program, or, if no such joint program exists in the area, a
25representative of an apprenticeship program in the area, if
26such a program exists.
27(b) The membership of a local workforce development board
28described in subparagraph division (a) may include one or more
29of the following:
30(i) Representatives of community-based organizations that
31have demonstrated experience and expertise in addressing the
32employment needs of individuals with a barrier to employment,
33including organizations that serve veterans or that provide or
34support competitive integrated employment for individuals with
35disabilities.
-10- 1(ii) Representatives of organizations that have
2demonstrated experience and expertise in addressing the
3employment, training, or education needs of eligible youth,
4including representatives of organizations that serve
5out-of-school youth.
6(3) (a) The membership of a local workforce development
7board shall include representatives of entities administering
8education and training activities in the local workforce
9development area, to whom all of the following apply:
10(i) The members shall include a representative of eligible
11providers administering adult education and literacy activities
12under Tit.II of the federal Workforce Innovation and
13Opportunity Act, Pub.L.No.113-128.
14(ii) The members shall include a representative of
15institutions of higher education, including community colleges,
16providing workforce investment activities.
17(iii) If multiple eligible providers are serving the local
18workforce development area by administering adult education
19and literacy activities under Tit.II of the federal Workforce
20Innovation and Opportunity Act, Pub.L.No.113-128, or
21multiple institutions of higher education serving the local
22workforce development area by providing workforce investment
23activities, each representative thereof on the local workforce
24development board, respectively, shall be appointed from among
25individuals nominated by local providers representing such
26providers or institutions, respectively.
27(b) The membership may include representatives of local
28educational agencies and of community-based organizations
29with demonstrated experience and expertise in addressing the
30education or training needs of individuals with a barrier to
31employment.
32(4) (a) The membership of a local workforce development
33board shall include representatives of governmental and
34economic and community development entities serving the local
35workforce development area, to whom all of the following apply:
-11- 1(i) The members shall include a representative of economic
2and community development entities.
3(ii) The members shall include at least one appropriate
4representative from the state employment service office under
5the federal Wagner-Peyser Act, as codified at 29 U.S.C.§49
6et seq., serving the local workforce development area and
7nominated by the director of the department of workforce
8development.
9(iii) The members shall include at least one appropriate
10representative of the programs carried out under Tit.I of
11the federal Rehabilitation Act of 1973, as codified at 29
12U.S.C.§720 et seq., relating to vocational rehabilitation
13services, excluding 29 U.S.C.§732 and 741, serving the local
14workforce development area and nominated by the administrator
15of the division of vocational rehabilitation services of the
16department of education or director of the department for the
17blind, as appropriate.
18(b) The members may include one or more of the following:
19(i) Representatives of agencies or entities administering
20programs serving the local workforce development area relating
21to transportation, housing, and public assistance.
22(ii) Representatives of philanthropic organizations serving
23the local workforce development area.
24(5) The membership of a local workforce development board
25may include such other individuals or representatives of
26entities as the chief elected official in the local workforce
27development area may determine to be appropriate.
28c. Political affiliation and gender balance. Sections 69.16
29and 69.16A shall apply to the total membership of a local
30workforce development board excluding members required under
31paragraph “b”, subparagraph (4), subparagraph division (a),
32subparagraph subdivisions (ii) and (iii).
33d. Chairperson. The members of a local workforce
34development board shall elect a chairperson from among the
35representatives of business described in paragraph “b”,
-12-1subparagraph (1).
2e. Standing committees. A local workforce development
3board may designate and direct the activities of standing
4committees to provide information and to assist the local
5workforce development board in carrying out activities under
6this section. Such standing committees shall be chaired by
7a member of the local workforce development board. Such
8standing committees may include other members of the local
9workforce development board and shall include other individuals
10appointed by the local workforce development board who are not
11members of the local workforce development board and who the
12local workforce development board determines have appropriate
13experience and expertise. At a minimum, the local workforce
14development board may designate each of the following standing
15committees:
16(1) A standing committee to provide information and assist
17with operational and other issues relating to the one-stop
18delivery system, which may include as members representatives
19of the one-stop partners.
20(2) A standing committee to provide information and to
21assist with planning, operational, and other issues relating
22to the provision of services to youth, which shall include
23community-based organizations with a demonstrated record of
24success in serving eligible youth.
25(3) A standing committee to provide information and to
26assist with operational and other issues relating to the
27provision of services to individuals with disabilities,
28including issues relating to compliance with 29 U.S.C.§3248,
29if applicable, and applicable provisions of the Americans with
30Disabilities Act of 1990, codified at 42 U.S.C.§12101 et seq.,
31regarding providing programmatic and physical access to the
32services, programs, and activities of the one-stop delivery
33system, as well as appropriate training for staff on providing
34supports for or accommodations to, and finding employment
35opportunities for, individuals with disabilities.
-13- 1(4) Additional committees in the discretion of the local
2workforce development board.
3f. Additional membership requirements. Members of the local
4workforce development board that represent organizations,
5agencies, or other entities shall be individuals with optimum
6policymaking authority within the organizations, agencies, or
7entities. The members of the board shall represent diverse
8geographic areas within the local workforce development area.
9g. Chief elected officials.
10(1) The chief elected official in a local workforce
11development area may appoint the members of the local workforce
12development board for such area, in accordance with the state
13criteria established by the governor in partnership with the
14state workforce development board.
15(2) (a) If a local workforce development area includes more
16than one unit of general local government, the chief elected
17officials of such units may execute an agreement that specifies
18the respective roles of the individual chief elected officials
19relating to all of the following:
20(i) Appointing the members of the local workforce
21development board from the individuals nominated or recommended
22to be such members in accordance with the criteria established
23in this subsection.
24(ii) Carrying out any other responsibilities assigned to
25such officials under Tit.I of the federal Workforce Innovation
26and Opportunity Act, Pub.L.No.113-128, and this section.
27(b) If, after a reasonable effort, the chief elected
28officials are unable to reach such an agreement, the governor
29may appoint the members of the local workforce development
30board from individuals so nominated or recommended.
313. Certification procedures.
32a. Certification. Once every two years, the department
33of workforce development shall certify one local workforce
34development board for each local workforce development area in
35the state. Such certification shall be based on the extent
-14-1to which the local workforce development board has ensured
2that workforce investment activities carried out in the local
3workforce development area have enabled the local workforce
4development area to meet the corresponding performance
5accountability measures and achieve sustained fiscal integrity,
6as defined in 29 U.S.C.§3121(e)(2).
7b. Failure to achieve certification. Failure of a local
8workforce development board to achieve certification shall
9result in appointment and certification of a new local
10workforce development board for the local workforce development
11area pursuant to the process described in subsection 2 and this
12subsection.
13c. Decertification.
14(1) Notwithstanding paragraph “a”, the department of
15workforce development may decertify a local workforce
16development board for any of the following reasons at any time
17after providing notice and an opportunity for comment:
18(a) Fraud or abuse.
19(b) Failure to carry out the functions specified for the
20local workforce development board in subsection 4.
21(2) Notwithstanding paragraph “a”, the department of
22workforce development may decertify a local workforce
23development board if the local workforce development area fails
24to meet the local performance accountability measures for the
25local workforce development area in accordance with 29 U.S.C.
26§3141(c) for two consecutive program years.
27(3) If the department of workforce development decertifies
28a local workforce development board for a local workforce
29development area, the department of workforce development
30may require that a new local workforce development board be
31appointed and certified for the local workforce development
32area pursuant to a reorganization plan developed by the
33governor, in consultation with the chief elected official in
34the local workforce development area and in accordance with
35the criteria established under this section and Tit.I of the
-15-1federal Workforce Innovation and Opportunity Act, Pub.L.No.
2113-128.
34. Functions. Consistent with section 84A.3 and section 108
4of the federal Workforce Innovation and Opportunity Act, Pub.
5L.No.113-128, the functions of a local workforce development
6board shall include all of the following:
7a. Local workforce development plan. The local workforce
8development board, in partnership with the chief elected
9official for the local workforce development area, shall
10develop and submit a local workforce development plan to the
11department of workforce development that meets the requirements
12of section 84A.3. If the local workforce development area is
13part of a planning region that includes other local workforce
14development areas, the local workforce development board shall
15collaborate with the other local workforce development boards
16and chief elected officials from such other local workforce
17development areas in the preparation and submission of a
18regional plan as described in the federal Workforce Innovation
19and Opportunity Act, Pub.L.No.113-128, §106(c).
20b. Workforce research and regional labor market analysis. In
21order to assist in the development and implementation of
22the local workforce development plan, the local workforce
23development board shall do all of the following:
24(1) Carry out analyses of the economic conditions in the
25region, the needed knowledge and skills for the region, the
26workforce in the region, and workforce development activities,
27including education and training, in the region described in
28the federal Workforce Innovation and Opportunity Act, Pub.
29L.No.113-128, §108(b)(1)(D), and regularly update such
30information.
31(2) Assist the department of workforce development in
32developing the statewide workforce and labor market information
33system described in 29 U.S.C.§49l-2(e), specifically in the
34collection, analysis, and utilization of workforce and labor
35market information for the region.
-16- 1(3) Conduct such other research, data collection, and
2analysis related to the workforce needs of the regional
3economy as the board, after receiving input from a wide array
4of stakeholders, determines to be necessary to carry out its
5functions.
6c. Convening, brokering, and leveraging. The local workforce
7development board shall convene local workforce development
8system stakeholders to assist in the development of the
9local workforce development plan under section 84A.3 and in
10identifying non-federal expertise and resources to leverage
11support for workforce development activities. The local
12workforce development board, including its standing committees,
13may engage such stakeholders in carrying out the functions
14described in this subsection.
15d. Employer engagement. The local workforce development
16board shall lead efforts to engage with a diverse range of
17employers and with entities in the region involved to do all
18of the following:
19(1) Promote business representation on the local workforce
20development board, particularly representatives with optimal
21policymaking authority or hiring authority from employers
22whose employment opportunities reflect existing and emerging
23employment opportunities in the region.
24(2) Develop effective linkages, including the use of
25intermediaries, with employers in the region to support
26employer utilization of the local workforce development system
27and to support local workforce investment activities.
28(3) Ensure that workforce investment activities meet the
29needs of employers and support economic growth in the region
30by enhancing communication, coordination, and collaboration
31among employers, economic development entities, and service
32providers.
33(4) Develop and implement proven or promising strategies
34for meeting the employment and skill needs of workers and
35employers, such as the establishment of industry or sector
-17-1partnerships. Such strategies shall provide the skilled
2workforce needed by employers in the region and expand
3employment and career advancement opportunities for workforce
4development system participants in in-demand industry sectors
5or occupations.
6e. Career pathways development. The local workforce
7development board, with representatives of secondary and
8postsecondary education programs, shall lead efforts in the
9local workforce development area to develop and implement
10career pathways within the local workforce development area by
11aligning the employment, training, education, and supportive
12services that are needed by adults and youth, particularly
13individuals with a barrier to employment.
14f. Proven and promising practices. The local workforce
15development board shall lead efforts in the local workforce
16development area to do all of the following:
17(1) Identify and promote proven and promising strategies
18and initiatives for meeting the needs of employers, workers,
19and jobseekers, including individuals with a barrier to
20employment, in the local workforce development system,
21including providing physical and programmatic accessibility,
22in accordance with 29 U.S.C.§3248, if applicable, applicable
23provisions of chapter 216, and applicable provisions of the
24Americans with Disabilities Act of 1990, codified at 42 U.S.C.
25§12101 et seq., to the one-stop delivery system.
26g. Technology. The local workforce development board
27shall develop strategies for using technology to maximize
28the accessibility and effectiveness of the local workforce
29development system for employers, workers, and jobseekers, by
30doing all of the following:
31(1) Facilitating connections among the intake and case
32management information systems of the one-stop partner programs
33to support a comprehensive workforce development system in the
34local workforce development area.
35(2) Facilitating access to services provided through the
-18-1one-stop delivery system involved, including facilitating the
2access in remote areas.
3(3) Identifying strategies for better meeting the needs of
4individuals with a barrier to employment, including strategies
5that augment traditional service delivery and increase access
6to services and programs of the one-stop delivery system, such
7as improving digital literacy skills.
8(4) Leveraging resources and capacity within the local
9workforce development system, including resources and capacity
10for services for individuals with a barrier to employment.
11h. Program oversight. The local workforce development
12board, in partnership with the chief elected official for
13the local workforce development area, shall do all of the
14following:
15(1) (a) Conduct oversight for local youth workforce
16investment activities authorized under the federal Workforce
17Innovation and Opportunity Act, Pub.L.No.113-128, §129(c),
18local employment and training activities authorized under the
19federal Workforce Innovation and Opportunity Act, Pub.L.No.
20113-128, §134(c) and (d), and the one-stop delivery system in
21the local workforce development area.
22(b) Ensure the appropriate use and management of the funds
23provided under the federal Workforce Innovation and Opportunity
24Act, Pub.L.No.113-128, Tit.I, subtitle B, for the
25activities and system described in subparagraph division (a).
26(2) For workforce development activities, ensure the
27appropriate use, management, and investment of funds to
28maximize performance outcomes under the federal Workforce
29Innovation and Opportunity Act, Pub.L.No.113-128, §116.
30i. Negotiation of local performance accountability
31measures. The local workforce development board, the chief
32elected official, and the department of workforce development
33shall negotiate and reach agreement on local performance
34accountability measures as described in the federal Workforce
35Innovation and Opportunity Act, Pub.L.No.113-128, §116(c).
-19- 1j. Selection of one-stop operators. Consistent with the
2federal Workforce Innovation and Opportunity Act, Pub.L.
3No.113-128, §121(d), the local workforce development board,
4with the agreement of the chief elected official for the local
5workforce development area, shall designate or certify one-stop
6operators as described in the federal Workforce Innovation and
7Opportunity Act, Pub.L.No.113-128, §121(d)(2)(A). The local
8workforce development board, with the agreement of the chief
9elected official for the local workforce development area, may
10terminate for cause the eligibility of such operators.
11k. Selection of youth providers. Consistent with the
12federal Workforce Innovation and Opportunity Act, Pub.L.No.
13113-128, §123, the local workforce development board shall
14identify eligible providers of youth workforce investment
15activities in the local workforce development area by awarding
16grants or contracts on a competitive basis, except as provided
17in the federal Workforce Innovation and Opportunity Act, Pub.
18L.No.113-128, §123(b), based on the recommendations of the
19youth standing committee, if such a committee is established
20for the local workforce development area. When identifying
21eligible providers, the local workforce development board shall
22consider community-based and governmental organizations as
23possible eligible providers. The local workforce development
24board may terminate for cause the eligibility of such
25providers.
26l. Identification of eligible providers of training
27services. Consistent with the federal Workforce Innovation and
28Opportunity Act, Pub.L.No.113-128, §122, the local workforce
29development board shall identify eligible providers of training
30services in the local workforce development area.
31m. Identification of eligible providers of career
32services. If the one-stop operator does not provide career
33services described in the federal Workforce Innovation and
34Opportunity Act, Pub.L.No.113-128, §134(c)(2), in a local
35workforce development area, the local workforce development
-20-1board shall identify eligible providers of those career
2services in the local workforce development area by awarding
3contracts. When identifying eligible providers, the local
4workforce development board shall consider community-based and
5governmental organizations as possible eligible providers.
6n. Consumer choice requirements. Consistent with the
7federal Workforce Innovation and Opportunity Act, Pub.
8L.No.113-128, §122 and 134(c)(2) and (3), the local
9workforce development board shall work with the state to
10ensure sufficient numbers and types of providers of career
11services and training services are serving the local workforce
12development area and providing the services involved in a
13manner that maximizes consumer choice, as well as providing
14opportunities that lead to competitive integrated employment
15for individuals with a disability. Such providers shall
16include eligible providers with expertise in assisting
17individuals with a disability and eligible providers with
18expertise in assisting adults in need of adult education and
19literacy activities.
20o. Coordination with education providers.
21(1) The local workforce development board shall coordinate
22activities with education and training providers in the local
23workforce development area, including providers of workforce
24investment activities, providers of adult education and
25literacy activities under the federal Workforce Innovation and
26Opportunity Act, Pub.L.No.113-128, Tit.II, providers of
27career and technical education as defined in 20 U.S.C.§2302,
28and local agencies administering plans under Tit.I of the
29federal Rehabilitation Act of 1973, as codified at 29 U.S.C.
30§720 et seq., relating to vocational rehabilitation services,
31excluding 29 U.S.C.§732 and 741.
32(2) The coordination described in subparagraph (1) shall
33include, consistent with the federal Workforce Innovation
34and Opportunity Act, Pub.L.No.113-128, §232, all of the
35following:
-21- 1(a) Reviewing the applications to provide adult education
2and literacy activities under the federal Workforce Innovation
3and Opportunity Act, Pub.L.No.113-128, Tit.II, for the
4local workforce development area, submitted under the federal
5Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
6§232, to the eligible agency by eligible providers, to
7determine whether such applications are consistent with the
8local workforce development plan.
9(b) Making recommendations to the eligible agency to
10promote alignment with such plan.
11(3) The coordination described in subparagraph (1) shall
12also include replicating cooperative agreements in accordance
13with 29 U.S.C.§721(a)(11)(B), and implementing cooperative
14agreements in accordance with 29 U.S.C.§721(a)(11) with
15the local agencies administering plans under Tit.I of the
16federal Rehabilitation Act of 1973, as codified at 29 U.S.C.
17§720 et seq., relating to vocational rehabilitation services,
18excluding 29 U.S.C.§732 and 741, and subject to the federal
19Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
20§121(f), with respect to efforts that will enhance the
21provision of services to individuals with a disability and
22other individuals, such as cross-training of staff, technical
23assistance, use and sharing of information, cooperative
24efforts with employers, and other efforts at cooperation,
25collaboration, and coordination.
26p. Budget and administration.
27(1) Budget. The local workforce development board shall
28develop a budget for the activities of the local workforce
29development board in the local workforce development area,
30consistent with the local workforce development plan and the
31duties of the local workforce development board under this
32section, subject to the approval of the chief elected official.
33(2) Administration.
34(a) The chief elected official in a local workforce
35development area shall serve as the local grant recipient
-22-1for, and shall be liable for any misuse of, the grant funds
2allocated to the local workforce development area under the
3federal Workforce Innovation and Opportunity Act, Pub.L.
4No.133-128, §128 and 133, unless the chief elected official
5reaches an agreement with the department of workforce
6development for the department to act as the local grant
7recipient and bear such liability. In order to assist in
8administration of the grant funds, the chief elected official
9or the department, where the department serves as the local
10grant recipient for a local workforce development area, may
11designate an entity to serve as a local grant subrecipient for
12such funds or as a local fiscal agent. Such designation shall
13not relieve the chief elected official or the department of
14the liability for any misuse of grant funds. The local grant
15recipient or designated entity shall disburse the grant funds
16for workforce investment activities at the direction of the
17local workforce development board, pursuant to the requirements
18of the federal Workforce Innovation and Opportunity Act,
19Pub.L.No.113-128, Tit.I. The local grant recipient or
20designated entity shall disburse the funds immediately upon
21receiving such direction from the local workforce development
22board.
23(b) The local workforce development board may solicit and
24accept grants and donations from sources other than federal or
25state funds.
26(c) For purposes of carrying out duties under this section,
27a local workforce development board may incorporate and may
28operate as an entity described in section 501(c)(3) of the
29Internal Revenue Code that is exempt from taxation under
30section 501(a) of the Internal Revenue Code.
31q. Accessibility for individuals with disabilities. The
32local workforce development board shall annually assess the
33physical and programmatic accessibility, in accordance with
3429 U.S.C.§3248, if applicable, applicable provisions of
35chapter 216, and applicable provisions of the Americans with
-23-1Disabilities Act of 1990, codified at 42 U.S.C.§12101 et seq.,
2of all one-stop centers in the local workforce development
3area.
4r. Statewide workforce development initiatives. The local
5workforce development board shall participate in statewide
6workforce development initiatives in accordance with guidance
7and oversight by the state workforce development board or
8department of workforce development.
95. Limitations.
10a. Training services.
11(1) Except as provided in subparagraph (2), a local
12workforce development board shall not provide training
13services.
14(2) The department of workforce development may, pursuant
15to a request from a local workforce development board, grant
16a written waiver of the prohibition set forth in subparagraph
17(1) for a program of training services, if the local workforce
18development board does all of the following:
19(a) Submits to the governor a proposed request for the
20waiver that includes satisfactory evidence that an insufficient
21number of eligible providers of such a program of training
22services is available to meet local demand in the local
23workforce development area; information demonstrating that
24the board meets the requirements for an eligible provider of
25training services under section 122 of the federal Workforce
26Innovation and Opportunity Act, Pub.L.No.113-128; and
27information demonstrating that the program of training services
28prepares participants for an in-demand industry sector or
29occupation in the local workforce development area.
30(b) Makes the proposed request available to eligible
31providers of training services and other interested members of
32the public for a public comment period of not less than thirty
33days.
34(c) Includes in the final request for the waiver the
35evidence and information described in subparagraph division (a)
-24-1and the comments received pursuant to subparagraph division
2(b).
3(3) A waiver granted to a local workforce development board
4under subparagraph (2) shall apply for a period that shall
5not exceed the duration of the local workforce development
6plan. The waiver may be renewed for additional periods under
7subsequent local plans, not to exceed the durations of such
8subsequent plans, pursuant to requests from the local workforce
9development board, if the board meets the requirements of
10subparagraph (2) in making the requests.
11(4) The department of workforce development may revoke the
12waiver during the appropriate period described in subparagraph
13(3) if the department determines the waiver is no longer needed
14or that the local workforce development board involved has
15engaged in a pattern of inappropriate referrals to training
16services operated by the local workforce development board.
17b. Career services; designation or certification as one-stop
18operators. A local workforce development board may provide
19career services described in section 134(c)(2) of the federal
20Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
21through a one-stop delivery system or be designated or
22certified as a one-stop operator only with the agreement of the
23chief elected official in the local workforce development area
24and the department of workforce development.
25c. Limitation on authority. This section shall not be
26construed to provide a local workforce development board with
27the authority to mandate curricula for schools.
286. Conflict of interest. A member of a local workforce
29development board, or a member of a standing committee, shall
30not do any of the following:
31a. Vote on a matter under consideration by the board or
32committee that concerns the provision of services by the member
33or by an entity that the member represents.
34b. Vote on a matter under consideration by the board or
35committee that would provide direct financial benefit to the
-25-1member or the immediate family of the member.
2c. Engage in any other activity determined by the governor
3to constitute a conflict of interest as specified in the state
4workforce development plan.
57. Public information. In addition to meeting the
6requirements of chapter 22, local workforce development boards
7shall make available to the public, on a regular basis through
8electronic means and, if applicable, through open meetings
9in accordance with chapter 21, information regarding the
10activities of the board, including all of the following:
11a. Information regarding the local workforce development
12plan, as required under the federal Workforce Innovation and
13Opportunity Act, Pub.L.No.113-128, prior to submission of
14the local workforce development plan or modification of the
15plan.
16b. Information regarding local workforce development board
17membership, including the name and affiliation of each member.
18c. The bylaws of the board.
19d. Designation and certification of one-stop operators.
20e. Award of grants or contracts to eligible training
21providers of workforce investment activities, including
22providers of youth investment activities.
23 Sec. 7. Section 84A.5, Code 2018, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 12. The department of workforce
26development is responsible for the development and oversight of
27industry and sector partnerships in the state.
28 NEW SUBSECTION. 13. The department of workforce
29development is responsible for the administration of the state
30list of eligible providers and programs under the federal
31Workforce Innovation and Opportunity Act, Pub.L. No.113-128,
32§122.
33 NEW SUBSECTION. 14. The department of workforce
34development is responsible for the review of local workforce
35development plans under section 84A.4. The department may
-26-1approve a local workforce development plan, conditionally
2approve a local workforce development plan with requests for
3additional information and recommended changes, or reject a
4local workforce development plan and request the submission
5of a new local workforce development plan. The department
6may create templates, policies, and procedures regarding the
7submission, format, and contents of local workforce development
8plans.
9 NEW SUBSECTION. 15. The department of workforce
10development shall provide oversight, guidance, and technical
11assistance to local workforce development areas, including but
12not limited to local workforce development boards, local fiscal
13agents, youth providers, and eligible providers of career
14services.
15 Sec. 8. TRANSITION PROVISIONS.
161. Chief elected officials may appoint members serving
17on local workforce development boards prior to the effective
18date of this Act pursuant to section 84A.4, subsection 1, Code
192018, for membership on local workforce development boards on
20and after the effective date of this Act if such individuals
21continue to be eligible for membership on the boards pursuant
22to section 84A.4, subsection 2, paragraph “b”, as enacted by
23this Act.
242. Members serving on a local workforce development board
25prior to the effective date of this Act pursuant to section
2684A.4, subsection 1, Code 2018, shall continue to constitute
27the membership of the board until a meeting of the board is
28held at which a majority of the members of the board appointed
29pursuant to section 84A.4, subsection 2, as enacted by this
30Act, are present.
31 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
32importance, takes effect upon enactment.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-27- 1This bill relates to the membership and duties of the
2state and local workforce development boards and related
3responsibilities of the department of workforce development.
4Changes made by the bill primarily relate to requirements of
5the federal Workforce Innovation and Opportunity Act, Pub.L.
6No.113-128 (WIOA).
7STATE WORKFORCE DEVELOPMENT BOARD. The bill strikes
8language relating to conflicts of interest of members of the
9state workforce development board and provides new language
10on the same subject. The bill prohibits board members from
11voting on matters that concern the provision of services by
12the member or by an entity that the member represents or that
13would provide direct financial benefit to the member or the
14member’s immediate family. The bill also prohibits a member
15from engaging in any other activity determined by the governor
16to constitute a conflict of interest as specified in the state
17workforce development plan.
18The bill requires the board, in addition to complying
19with the state open records law, to make certain specified
20information relating to the activities of the board available
21to the public on a regular basis through electronic means and
22open meetings if applicable.
23The bill provides that requirements relating to political
24and gender balance on the appointive membership of boards only
25apply to the 26 voting members of the board appointed by the
26governor, rather than the full membership.
27LOCAL WORKFORCE DEVELOPMENT BOARDS. The bill strikes
28language pertaining to the membership and duties of local
29workforce development boards and provides new language on the
30same subject.
31The bill directs the department of workforce development to
32establish and certify a local workforce development board in
33each local workforce development area of the state to carry out
34various functions described in the bill as well as functions
35specified under WIOA, or the provisions establishing a core
-28-1program for such local workforce development area.
2The bill provides that members of local workforce
3development boards shall be appointed by local chief elected
4officials in local workforce development areas based on
5criteria established by the governor in partnership with the
6state workforce development board. The bill establishes
7minimum criteria for composition of local workforce development
8boards. Minimum criteria require that a majority of members be
9representatives of business, that not less than 20 percent of
10members be representatives of the workforce, and that members
11include representatives of entities administering education and
12training activities and representatives of governmental and
13economic and community development entities.
14The bill excludes certain board members from requirements
15relating to political and gender balance on the appointive
16membership of boards. The bill provides for the election
17of a chairperson of the board. The bill permits a board to
18designate and direct the activities of standing committees
19to provide information and to assist the local workforce
20development board. Such committees must include individuals
21who are not members of the board and may include members who
22are members of the board.
23The bill provides for biennial certification of a local
24workforce development board by the department of workforce
25development. The bill provides a decertification process for a
26board under certain circumstances and a process for subsequent
27appointment and certification of a new board.
28The bill provides a detailed list of functions to be carried
29out by local workforce development boards, including but not
30limited to development of a comprehensive four-year local
31workforce development plan, engaging in workforce research and
32regional labor market analysis, developing and implementing
33career pathways, providing oversight of various programs and
34activities, and carrying out various other functions required
35by WIOA. The bill provides a process for the development
-29-1and modification of local workforce development plans by the
2boards.
3The bill permits local workforce development boards to
4provide training and career services only under certain limited
5circumstances specified in the bill. The bill shall not be
6construed to provide a local workforce development board with
7the authority to mandate curricula for schools.
8The bill prohibits local workforce development board members
9from voting on matters that concern the provision of services
10by the member or by an entity that the member represents or
11that would provide direct financial benefit to the member or
12the member’s immediate family. The bill also prohibits a
13member from engaging in any other activity determined by the
14governor to constitute a conflict of interest as specified in
15the state workforce development plan.
16The bill requires that local workforce development boards,
17in addition to complying with the state open records law, make
18certain specified information relating to the activities of
19the boards available to the public on a regular basis through
20electronic means and open meetings if applicable.
21The bill permits chief elected officials to appoint members
22serving on local workforce development boards prior to the
23effective date of the bill for membership on local workforce
24development boards on and after the effective date of the bill
25if such individuals continue to be eligible for membership
26pursuant to the bill.
27The bill provides that members serving on a local workforce
28development board prior to the effective date of the bill shall
29continue to constitute the membership of the board until a
30meeting of the board is held at which a majority of the members
31of the board appointed pursuant to the bill are present.
32DUTIES OF DEPARTMENT OF WORKFORCE DEVELOPMENT. The bill
33provides new responsibilities of the department of workforce
34development, including responsibilities for the development and
35oversight of industry and sector partnerships, administration
-30-1of the state list of eligible providers and programs under
2WIOA, review of local workforce development plans, and the
3provision of oversight, guidance, and technical assistance to
4local workforce development areas.
5EFFECTIVE DATE. The bill takes effect upon enactment.
-31-je/rj
2and local workforce development boards and related
3responsibilities of the department of workforce development
4and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 84A.1A, subsection 5, Code 2018, is
2amended by striking the subsection and inserting in lieu
3thereof the following:
45. A member of the workforce development board shall not do
5any of the following:
6a. Vote on a matter under consideration by the board that
7concerns the provision of services by the member or by an
8entity that the member represents.
9b. Vote on a matter under consideration by the board that
10would provide direct financial benefit to the member or the
11immediate family of the member.
12c. Engage in any other activity determined by the governor
13to constitute a conflict of interest as specified in the state
14workforce development plan.
15 Sec. 2. Section 84A.1A, Code 2018, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 7. In addition to meeting the requirements
18of chapter 22, the workforce development board shall make
19available to the public, on a regular basis through electronic
20means and, if applicable, through open meetings in accordance
21with chapter 21, information regarding the activities of the
22board, including all of the following:
23a. Information regarding the state workforce development
24plan, as required under the federal Workforce Innovation and
25Opportunity Act, Pub.L.No.113-128, prior to submission of
26the state workforce development plan or modification of the
27plan.
28b. Information regarding the membership of the board.
29c. The bylaws of the board.
30 NEW SUBSECTION. 8. Sections 69.16 and 69.16A shall apply
31only to those members of the board appointed by the governor
32pursuant to subsection 1, paragraph “a”, subparagraph (8).
33 Sec. 3. Section 84A.1B, subsection 1, Code 2018, is amended
34to read as follows:
351. Develop and coordinate the implementation of a four-year
-1-1comprehensive state workforce development plan of specific
2needs, goals, strategies, and policies for the state. This
3plan shall be updated every two years and revised as necessary.
4All other state agencies involved in workforce development
5activities and the local workforce development boards shall
6submit to the board for its review and potential inclusion in
7the plan their needs, goals, strategies, and policies.
8 Sec. 4. NEW SECTION. 84A.2 Definitions.
9For purposes of this chapter:
101. “Chief elected official” means any of the following:
11a. The chief elected executive officer of a unit of general
12local government in a local workforce development area.
13b. If a local workforce development area includes more
14than one unit of general local government, the individuals
15designated under the agreement described in section 84A.4,
16subsection 2, paragraph “h”, subparagraph (2).
172. “Community-based organization” means a private nonprofit
18organization, which may include a faith-based organization,
19that is representative of a community or a significant
20segment of a community and that has demonstrated expertise and
21effectiveness in the field of workforce development.
223. “Competitive integrated employment” means work that
23is performed on a full-time or part-time basis, including
24self-employment, to which all of the following apply:
25a. All of the following apply to the individual performing
26the work:
27(1) The individual is compensated at a rate in accordance
28with all of the following:
29(a) If the individual is not self-employed, all of the
30following apply:
31(i) The rate of compensation shall not be less than the
32higher of the applicable federal or state minimum wage.
33(ii) The rate of compensation shall not be less than the
34customary rate paid by the employer for the same or similar
35work performed by other employees who are not individuals
-2-1with disabilities, and who are similarly situated in similar
2occupations by the same employer and who have similar training,
3experience, and skills.
4(b) If the individual is self-employed, the rate of
5compensation yields an income that is comparable to the income
6received by other individuals who are not individuals with
7disabilities, and who are self-employed in similar occupations
8or on similar tasks and who have similar training, experience,
9and skills.
10(2) The individual is eligible for the level of benefits
11provided to other employees.
12b. The work is at a location where the individual interacts
13with other persons who are not individuals with disabilities,
14not including supervisory personnel or individuals who are
15providing services to such individual, to the same extent that
16individuals who are not individuals with disabilities and who
17are in comparable positions interact with other persons.
18c. The work, as appropriate, presents opportunities for
19advancement that are similar to those for other employees who
20are not individuals with disabilities and who have similar
21positions.
224. “Cooperative agreement” means an agreement entered into
23by a state-designated agency or state-designated unit under
24section 101(a)(11)(A) of the federal Rehabilitation Act of
251973.
265. “Core program” means a program authorized under any of
27the following:
28a. Chapters 2 and 3 of subtitle B of Tit.I of the federal
29Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
30relating to youth workforce investment activities and adult and
31dislocated worker employment and training activities.
32b. Tit.II of the federal Workforce Innovation and
33Opportunity Act, Pub.L.No.113-128, relating to adult
34education and literacy activities.
35c. Sections 1 to 13 of the federal Wagner-Peyser Act, as
-3-1codified at 29 U.S.C.§49 et seq., relating to employment
2services.
3d. Tit.I of the federal Rehabilitation Act of 1973, as
4codified at 29 U.S.C.§720 et seq., relating to vocational
5rehabilitation services, excluding 29 U.S.C.§732 and 741.
66. a. “Demonstrated experience and expertise”, for purposes
7of the state workforce development board, means the expertise
8had by an individual with documented leadership in developing
9or implementing workforce development, human resources,
10training and development, or a core program function.
11“Demonstrated experience and expertise” may include individuals
12with experience in education or training of individuals with a
13barrier to employment.
14b. “Demonstrated experience and expertise”, for purposes of
15a local workforce development board, means the expertise had by
16an individual to whom any of the following apply:
17(1) The individual is a workplace learning advisor.
18(2) The individual contributes to the field of workforce
19development, human resources, training and development, or a
20core program function.
21(3) The individual has been recognized by the local
22workforce development board for valuable contributions in
23education or workforce development-related fields.
247. “Economic development agency” includes a local workforce
25development planning or zoning commission or board, a community
26development agency, or another local agency or institution
27responsible for regulating, promoting, or assisting in local
28economic development.
298. “Eligible youth” means an in-school or out-of-school
30youth, except as provided in subtitles C and D of Tit.I of the
31federal Workforce Innovation and Opportunity Act, Pub.L.No.
32113-128.
339. a. “In-demand industry sector or occupation” means any
34of the following:
35(1) An industry sector that has a substantial current or
-4-1potential impact, including through jobs that lead to economic
2self-sufficiency and opportunities for advancement, on the
3state, regional, or local economy, as appropriate, and that
4contributes to the growth or stability of other supporting
5businesses, or the growth of other industry sectors.
6(2) An occupation that currently has or is projected to
7have a number of positions, including positions that lead to
8economic self-sufficiency and opportunities for advancement,
9in an industry sector so as to have a significant impact on the
10state, regional, or local economy, as appropriate.
11b. The determination of whether an industry sector or
12occupation is an “in-demand industry sector or occupation” shall
13be made by the state workforce development board or local
14workforce development board, as appropriate, using state and
15regional business and labor market projections, including the
16use of labor market information.
1710. “Individual with a barrier to employment” means a member
18of one or more of the following populations:
19a. Displaced homemakers.
20b. Low-income individuals.
21c. Indians, Alaska Natives, and Native Hawaiians, as such
22terms are defined in the federal Workforce Innovation and
23Opportunity Act, Pub.L.No.113-128, §166.
24d. Individuals with disabilities, including youth who are
25individuals with disabilities.
26e. Individuals fifty-five years of age or older.
27f. Ex-offenders.
28g. Homeless individuals as defined in 34 U.S.C.§12473,
29or homeless children and youths as defined in 34 U.S.C.
30§11434a(2).
31h. Youth who are in or have aged out of the foster care
32system.
33i. Individuals who are English language learners,
34individuals who have low levels of literacy, and individuals
35facing substantial cultural barriers.
-5- 1j. Eligible migrant and seasonal farmworkers, as defined in
2the federal Workforce Innovation and Opportunity Act, Pub.L.
3No.113-128, §167(i).
4k. Individuals within two years of exhausting lifetime
5eligibility under part A of Tit.IV of the Social Security Act,
6as codified in 42 U.S.C.§601 et seq.
7l. Single parents and single pregnant women.
8m. Long-term unemployed individuals.
9n. Such other groups as the governor determines to have a
10barrier to employment.
1111. “Individual with a disability” means an individual with
12a disability as defined in 42 U.S.C.§12102. “Individuals with
13disabilities” means more than one individual with a disability.
1412. a. “Industry or sector partnership” means a workforce
15collaborative, convened by or acting in partnership with
16the state workforce development board or a local workforce
17development board, that organizes key stakeholders in an
18industry cluster into a working group that focuses on the
19shared goals and human resources needs of the industry cluster
20and that includes, at the appropriate stage of development of
21the partnership, all of the following:
22(1) Representatives of multiple businesses or other
23employers in the industry cluster, including small and
24medium-sized employers when practicable.
25(2) One or more representatives of a recognized state
26labor organization or central labor council, or another labor
27representative, as appropriate.
28(3) One or more representatives of an institution of higher
29education with, or another provider of, education or training
30programs that support the industry cluster.
31b. “Industry or sector partnership” may include
32representatives of state or local government, state or
33local, the state workforce development board, local workforce
34development boards, the department of workforce development or
35another entity providing employment services, state or local
-6-1agencies, business or trade associations, economic development
2organizations, nonprofit organizations, community-based
3organizations, philanthropic organizations, industry
4associations, and other organizations, as determined to be
5necessary by the members comprising the industry or sector
6partnership.
713. “In-school youth” means youth described in the federal
8Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
9§129(a)(1)(C).
1014. “Institution of higher education” means the same as
11defined in 20 U.S.C.§1001 and 1002(a)(1).
1215. “Offender” means any of the following:
13a. An adult or juvenile who is or has been subject to any
14stage of the criminal or juvenile justice process, and for whom
15workforce services may be beneficial.
16b. An adult or juvenile who requires assistance overcoming
17an artificial barrier to employment resulting from a record of
18arrest or conviction.
1916. “One-stop center” means a site described in the federal
20Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
21§121(e)(2).
2217. “One-stop operator” means one or more entities
23designated or certified under the federal Workforce Innovation
24and Opportunity Act, Pub.L.No.113-128, §121(d).
2518. “Optimum policymaking authority” means the authority
26of an individual who can reasonably be expected to speak
27affirmatively on behalf of the entity the individual represents
28and to commit that entity to a chosen course of action.
2919. “Out-of-school youth” means a youth described in the
30federal Workforce Innovation and Opportunity Act, Pub.L.No.
31113-128, §129(a)(1)(B).
3220. “Unit of general local government” means a county or
33city.
3421. “Workforce investment activity” means an employment and
35training activity or a youth workforce investment activity.
-7- 122. “Workforce learning advisor” means an individual
2employed by an organization who has the knowledge and skills
3necessary to advise other employees of that organization
4about the education, skill development, job training, career
5counseling services, and credentials, including services
6provided through the workforce development system, required
7to progress toward career goals of such employees in order to
8meet employer requirements related to job openings and career
9advancements that support economic self-sufficiency.
10 Sec. 5. NEW SECTION. 84A.3 Local workforce development
11plans.
121. A local workforce development board shall, in
13partnership with the chief elected official, develop a
14comprehensive four-year local workforce development plan. The
15local workforce development board shall submit the workforce
16development plan to the department of workforce development in
17the manner and form determined by the department. The local
18workforce development plan shall support the strategy described
19in the state workforce development plan in accordance with the
20federal Workforce Innovation and Opportunity Act, Pub.L.No.
21113-128, §102(b)(1)(E), and shall otherwise be consistent with
22the state workforce development plan. If the local workforce
23development area is part of a planning region as defined in the
24federal Workforce Innovation and Opportunity Act, Pub.L.No.
25113-128, §3(48), the local workforce development board shall
26comply with the federal Workforce Innovation and Opportunity
27Act, Pub.L.No.113-128, §106(c), in the preparation and
28submission of a regional plan.
292. At the end of the first two-year period of the local
30workforce development plan, a local workforce development board
31shall review the local workforce development plan and, in
32partnership with the chief elected official, prepare and submit
33to the department of workforce development modifications to the
34local workforce development plan to reflect changes in labor
35market and economic conditions or in other factors affecting
-8-1the implementation of the local workforce development plan.
23. The local workforce development plan shall include the
3contents required by the federal Workforce Innovation and
4Opportunity Act, Pub.L.No.113-128, §108(b), and such other
5information as the department of workforce development or the
6state workforce development board may require.
7 Sec. 6. Section 84A.4, Code 2018, is amended by striking the
8section and inserting in lieu thereof the following:
984A.4 Local workforce development boards.
101. Establishment. Except as provided in subsection 3,
11paragraph “a”, the department of workforce development shall
12establish and certify a local workforce development board in
13each local workforce development area of the state to carry
14out the functions described in subsection 4 and any functions
15specified for the local workforce development board under the
16federal Workforce Innovation and Opportunity Act, Pub.L.No.
17113-128, or the provisions establishing a core program for such
18local workforce development area.
192. Membership.
20a. State criteria. The governor, in partnership with the
21state workforce development board, shall establish criteria
22for use by chief elected officials in the local workforce
23development areas for appointment of members of the local
24workforce development boards in such areas in accordance with
25the requirements of paragraph “b”.
26b. Composition. The membership criteria for a local
27workforce development board shall include, at a minimum, all
28of the following:
29(1) A majority of the membership of each local workforce
30development board shall be representatives of business in
31the local workforce development area appointed from among
32individuals nominated by local business organizations and
33business trade associations, to whom all of the following shall
34apply:
35(a) The members shall be owners of businesses, chief
-9-1executives or operating officers of businesses, or other
2business executives or employers with optimum policymaking
3authority or hiring authority.
4(b) The members shall represent businesses, including small
5businesses, that provide employment opportunities that, at
6a minimum, include high-quality, work-relevant training and
7development in in-demand industry sectors or occupations in the
8local workforce development area, or organizations representing
9such businesses.
10(2) (a) Not less than twenty percent of the membership of
11a local workforce development board shall be representatives of
12the workforce within the local workforce development area, to
13whom all of the following shall apply:
14(i) For a local workforce development area in which
15employees are represented by labor organizations, the members
16shall include representatives of labor organizations or persons
17who have been nominated by local labor federations. For a
18local workforce development area in which employees are not
19represented by such organizations, the members shall include
20other representatives of employees;
21(ii) The members shall include a representative who is
22a member of a labor organization or a training director, a
23representative from a joint labor-management apprenticeship
24program, or, if no such joint program exists in the area, a
25representative of an apprenticeship program in the area, if
26such a program exists.
27(b) The membership of a local workforce development board
28described in subparagraph division (a) may include one or more
29of the following:
30(i) Representatives of community-based organizations that
31have demonstrated experience and expertise in addressing the
32employment needs of individuals with a barrier to employment,
33including organizations that serve veterans or that provide or
34support competitive integrated employment for individuals with
35disabilities.
-10- 1(ii) Representatives of organizations that have
2demonstrated experience and expertise in addressing the
3employment, training, or education needs of eligible youth,
4including representatives of organizations that serve
5out-of-school youth.
6(3) (a) The membership of a local workforce development
7board shall include representatives of entities administering
8education and training activities in the local workforce
9development area, to whom all of the following apply:
10(i) The members shall include a representative of eligible
11providers administering adult education and literacy activities
12under Tit.II of the federal Workforce Innovation and
13Opportunity Act, Pub.L.No.113-128.
14(ii) The members shall include a representative of
15institutions of higher education, including community colleges,
16providing workforce investment activities.
17(iii) If multiple eligible providers are serving the local
18workforce development area by administering adult education
19and literacy activities under Tit.II of the federal Workforce
20Innovation and Opportunity Act, Pub.L.No.113-128, or
21multiple institutions of higher education serving the local
22workforce development area by providing workforce investment
23activities, each representative thereof on the local workforce
24development board, respectively, shall be appointed from among
25individuals nominated by local providers representing such
26providers or institutions, respectively.
27(b) The membership may include representatives of local
28educational agencies and of community-based organizations
29with demonstrated experience and expertise in addressing the
30education or training needs of individuals with a barrier to
31employment.
32(4) (a) The membership of a local workforce development
33board shall include representatives of governmental and
34economic and community development entities serving the local
35workforce development area, to whom all of the following apply:
-11- 1(i) The members shall include a representative of economic
2and community development entities.
3(ii) The members shall include at least one appropriate
4representative from the state employment service office under
5the federal Wagner-Peyser Act, as codified at 29 U.S.C.§49
6et seq., serving the local workforce development area and
7nominated by the director of the department of workforce
8development.
9(iii) The members shall include at least one appropriate
10representative of the programs carried out under Tit.I of
11the federal Rehabilitation Act of 1973, as codified at 29
12U.S.C.§720 et seq., relating to vocational rehabilitation
13services, excluding 29 U.S.C.§732 and 741, serving the local
14workforce development area and nominated by the administrator
15of the division of vocational rehabilitation services of the
16department of education or director of the department for the
17blind, as appropriate.
18(b) The members may include one or more of the following:
19(i) Representatives of agencies or entities administering
20programs serving the local workforce development area relating
21to transportation, housing, and public assistance.
22(ii) Representatives of philanthropic organizations serving
23the local workforce development area.
24(5) The membership of a local workforce development board
25may include such other individuals or representatives of
26entities as the chief elected official in the local workforce
27development area may determine to be appropriate.
28c. Political affiliation and gender balance. Sections 69.16
29and 69.16A shall apply to the total membership of a local
30workforce development board excluding members required under
31paragraph “b”, subparagraph (4), subparagraph division (a),
32subparagraph subdivisions (ii) and (iii).
33d. Chairperson. The members of a local workforce
34development board shall elect a chairperson from among the
35representatives of business described in paragraph “b”,
-12-1subparagraph (1).
2e. Standing committees. A local workforce development
3board may designate and direct the activities of standing
4committees to provide information and to assist the local
5workforce development board in carrying out activities under
6this section. Such standing committees shall be chaired by
7a member of the local workforce development board. Such
8standing committees may include other members of the local
9workforce development board and shall include other individuals
10appointed by the local workforce development board who are not
11members of the local workforce development board and who the
12local workforce development board determines have appropriate
13experience and expertise. At a minimum, the local workforce
14development board may designate each of the following standing
15committees:
16(1) A standing committee to provide information and assist
17with operational and other issues relating to the one-stop
18delivery system, which may include as members representatives
19of the one-stop partners.
20(2) A standing committee to provide information and to
21assist with planning, operational, and other issues relating
22to the provision of services to youth, which shall include
23community-based organizations with a demonstrated record of
24success in serving eligible youth.
25(3) A standing committee to provide information and to
26assist with operational and other issues relating to the
27provision of services to individuals with disabilities,
28including issues relating to compliance with 29 U.S.C.§3248,
29if applicable, and applicable provisions of the Americans with
30Disabilities Act of 1990, codified at 42 U.S.C.§12101 et seq.,
31regarding providing programmatic and physical access to the
32services, programs, and activities of the one-stop delivery
33system, as well as appropriate training for staff on providing
34supports for or accommodations to, and finding employment
35opportunities for, individuals with disabilities.
-13- 1(4) Additional committees in the discretion of the local
2workforce development board.
3f. Additional membership requirements. Members of the local
4workforce development board that represent organizations,
5agencies, or other entities shall be individuals with optimum
6policymaking authority within the organizations, agencies, or
7entities. The members of the board shall represent diverse
8geographic areas within the local workforce development area.
9g. Chief elected officials.
10(1) The chief elected official in a local workforce
11development area may appoint the members of the local workforce
12development board for such area, in accordance with the state
13criteria established by the governor in partnership with the
14state workforce development board.
15(2) (a) If a local workforce development area includes more
16than one unit of general local government, the chief elected
17officials of such units may execute an agreement that specifies
18the respective roles of the individual chief elected officials
19relating to all of the following:
20(i) Appointing the members of the local workforce
21development board from the individuals nominated or recommended
22to be such members in accordance with the criteria established
23in this subsection.
24(ii) Carrying out any other responsibilities assigned to
25such officials under Tit.I of the federal Workforce Innovation
26and Opportunity Act, Pub.L.No.113-128, and this section.
27(b) If, after a reasonable effort, the chief elected
28officials are unable to reach such an agreement, the governor
29may appoint the members of the local workforce development
30board from individuals so nominated or recommended.
313. Certification procedures.
32a. Certification. Once every two years, the department
33of workforce development shall certify one local workforce
34development board for each local workforce development area in
35the state. Such certification shall be based on the extent
-14-1to which the local workforce development board has ensured
2that workforce investment activities carried out in the local
3workforce development area have enabled the local workforce
4development area to meet the corresponding performance
5accountability measures and achieve sustained fiscal integrity,
6as defined in 29 U.S.C.§3121(e)(2).
7b. Failure to achieve certification. Failure of a local
8workforce development board to achieve certification shall
9result in appointment and certification of a new local
10workforce development board for the local workforce development
11area pursuant to the process described in subsection 2 and this
12subsection.
13c. Decertification.
14(1) Notwithstanding paragraph “a”, the department of
15workforce development may decertify a local workforce
16development board for any of the following reasons at any time
17after providing notice and an opportunity for comment:
18(a) Fraud or abuse.
19(b) Failure to carry out the functions specified for the
20local workforce development board in subsection 4.
21(2) Notwithstanding paragraph “a”, the department of
22workforce development may decertify a local workforce
23development board if the local workforce development area fails
24to meet the local performance accountability measures for the
25local workforce development area in accordance with 29 U.S.C.
26§3141(c) for two consecutive program years.
27(3) If the department of workforce development decertifies
28a local workforce development board for a local workforce
29development area, the department of workforce development
30may require that a new local workforce development board be
31appointed and certified for the local workforce development
32area pursuant to a reorganization plan developed by the
33governor, in consultation with the chief elected official in
34the local workforce development area and in accordance with
35the criteria established under this section and Tit.I of the
-15-1federal Workforce Innovation and Opportunity Act, Pub.L.No.
2113-128.
34. Functions. Consistent with section 84A.3 and section 108
4of the federal Workforce Innovation and Opportunity Act, Pub.
5L.No.113-128, the functions of a local workforce development
6board shall include all of the following:
7a. Local workforce development plan. The local workforce
8development board, in partnership with the chief elected
9official for the local workforce development area, shall
10develop and submit a local workforce development plan to the
11department of workforce development that meets the requirements
12of section 84A.3. If the local workforce development area is
13part of a planning region that includes other local workforce
14development areas, the local workforce development board shall
15collaborate with the other local workforce development boards
16and chief elected officials from such other local workforce
17development areas in the preparation and submission of a
18regional plan as described in the federal Workforce Innovation
19and Opportunity Act, Pub.L.No.113-128, §106(c).
20b. Workforce research and regional labor market analysis. In
21order to assist in the development and implementation of
22the local workforce development plan, the local workforce
23development board shall do all of the following:
24(1) Carry out analyses of the economic conditions in the
25region, the needed knowledge and skills for the region, the
26workforce in the region, and workforce development activities,
27including education and training, in the region described in
28the federal Workforce Innovation and Opportunity Act, Pub.
29L.No.113-128, §108(b)(1)(D), and regularly update such
30information.
31(2) Assist the department of workforce development in
32developing the statewide workforce and labor market information
33system described in 29 U.S.C.§49l-2(e), specifically in the
34collection, analysis, and utilization of workforce and labor
35market information for the region.
-16- 1(3) Conduct such other research, data collection, and
2analysis related to the workforce needs of the regional
3economy as the board, after receiving input from a wide array
4of stakeholders, determines to be necessary to carry out its
5functions.
6c. Convening, brokering, and leveraging. The local workforce
7development board shall convene local workforce development
8system stakeholders to assist in the development of the
9local workforce development plan under section 84A.3 and in
10identifying non-federal expertise and resources to leverage
11support for workforce development activities. The local
12workforce development board, including its standing committees,
13may engage such stakeholders in carrying out the functions
14described in this subsection.
15d. Employer engagement. The local workforce development
16board shall lead efforts to engage with a diverse range of
17employers and with entities in the region involved to do all
18of the following:
19(1) Promote business representation on the local workforce
20development board, particularly representatives with optimal
21policymaking authority or hiring authority from employers
22whose employment opportunities reflect existing and emerging
23employment opportunities in the region.
24(2) Develop effective linkages, including the use of
25intermediaries, with employers in the region to support
26employer utilization of the local workforce development system
27and to support local workforce investment activities.
28(3) Ensure that workforce investment activities meet the
29needs of employers and support economic growth in the region
30by enhancing communication, coordination, and collaboration
31among employers, economic development entities, and service
32providers.
33(4) Develop and implement proven or promising strategies
34for meeting the employment and skill needs of workers and
35employers, such as the establishment of industry or sector
-17-1partnerships. Such strategies shall provide the skilled
2workforce needed by employers in the region and expand
3employment and career advancement opportunities for workforce
4development system participants in in-demand industry sectors
5or occupations.
6e. Career pathways development. The local workforce
7development board, with representatives of secondary and
8postsecondary education programs, shall lead efforts in the
9local workforce development area to develop and implement
10career pathways within the local workforce development area by
11aligning the employment, training, education, and supportive
12services that are needed by adults and youth, particularly
13individuals with a barrier to employment.
14f. Proven and promising practices. The local workforce
15development board shall lead efforts in the local workforce
16development area to do all of the following:
17(1) Identify and promote proven and promising strategies
18and initiatives for meeting the needs of employers, workers,
19and jobseekers, including individuals with a barrier to
20employment, in the local workforce development system,
21including providing physical and programmatic accessibility,
22in accordance with 29 U.S.C.§3248, if applicable, applicable
23provisions of chapter 216, and applicable provisions of the
24Americans with Disabilities Act of 1990, codified at 42 U.S.C.
25§12101 et seq., to the one-stop delivery system.
26g. Technology. The local workforce development board
27shall develop strategies for using technology to maximize
28the accessibility and effectiveness of the local workforce
29development system for employers, workers, and jobseekers, by
30doing all of the following:
31(1) Facilitating connections among the intake and case
32management information systems of the one-stop partner programs
33to support a comprehensive workforce development system in the
34local workforce development area.
35(2) Facilitating access to services provided through the
-18-1one-stop delivery system involved, including facilitating the
2access in remote areas.
3(3) Identifying strategies for better meeting the needs of
4individuals with a barrier to employment, including strategies
5that augment traditional service delivery and increase access
6to services and programs of the one-stop delivery system, such
7as improving digital literacy skills.
8(4) Leveraging resources and capacity within the local
9workforce development system, including resources and capacity
10for services for individuals with a barrier to employment.
11h. Program oversight. The local workforce development
12board, in partnership with the chief elected official for
13the local workforce development area, shall do all of the
14following:
15(1) (a) Conduct oversight for local youth workforce
16investment activities authorized under the federal Workforce
17Innovation and Opportunity Act, Pub.L.No.113-128, §129(c),
18local employment and training activities authorized under the
19federal Workforce Innovation and Opportunity Act, Pub.L.No.
20113-128, §134(c) and (d), and the one-stop delivery system in
21the local workforce development area.
22(b) Ensure the appropriate use and management of the funds
23provided under the federal Workforce Innovation and Opportunity
24Act, Pub.L.No.113-128, Tit.I, subtitle B, for the
25activities and system described in subparagraph division (a).
26(2) For workforce development activities, ensure the
27appropriate use, management, and investment of funds to
28maximize performance outcomes under the federal Workforce
29Innovation and Opportunity Act, Pub.L.No.113-128, §116.
30i. Negotiation of local performance accountability
31measures. The local workforce development board, the chief
32elected official, and the department of workforce development
33shall negotiate and reach agreement on local performance
34accountability measures as described in the federal Workforce
35Innovation and Opportunity Act, Pub.L.No.113-128, §116(c).
-19- 1j. Selection of one-stop operators. Consistent with the
2federal Workforce Innovation and Opportunity Act, Pub.L.
3No.113-128, §121(d), the local workforce development board,
4with the agreement of the chief elected official for the local
5workforce development area, shall designate or certify one-stop
6operators as described in the federal Workforce Innovation and
7Opportunity Act, Pub.L.No.113-128, §121(d)(2)(A). The local
8workforce development board, with the agreement of the chief
9elected official for the local workforce development area, may
10terminate for cause the eligibility of such operators.
11k. Selection of youth providers. Consistent with the
12federal Workforce Innovation and Opportunity Act, Pub.L.No.
13113-128, §123, the local workforce development board shall
14identify eligible providers of youth workforce investment
15activities in the local workforce development area by awarding
16grants or contracts on a competitive basis, except as provided
17in the federal Workforce Innovation and Opportunity Act, Pub.
18L.No.113-128, §123(b), based on the recommendations of the
19youth standing committee, if such a committee is established
20for the local workforce development area. When identifying
21eligible providers, the local workforce development board shall
22consider community-based and governmental organizations as
23possible eligible providers. The local workforce development
24board may terminate for cause the eligibility of such
25providers.
26l. Identification of eligible providers of training
27services. Consistent with the federal Workforce Innovation and
28Opportunity Act, Pub.L.No.113-128, §122, the local workforce
29development board shall identify eligible providers of training
30services in the local workforce development area.
31m. Identification of eligible providers of career
32services. If the one-stop operator does not provide career
33services described in the federal Workforce Innovation and
34Opportunity Act, Pub.L.No.113-128, §134(c)(2), in a local
35workforce development area, the local workforce development
-20-1board shall identify eligible providers of those career
2services in the local workforce development area by awarding
3contracts. When identifying eligible providers, the local
4workforce development board shall consider community-based and
5governmental organizations as possible eligible providers.
6n. Consumer choice requirements. Consistent with the
7federal Workforce Innovation and Opportunity Act, Pub.
8L.No.113-128, §122 and 134(c)(2) and (3), the local
9workforce development board shall work with the state to
10ensure sufficient numbers and types of providers of career
11services and training services are serving the local workforce
12development area and providing the services involved in a
13manner that maximizes consumer choice, as well as providing
14opportunities that lead to competitive integrated employment
15for individuals with a disability. Such providers shall
16include eligible providers with expertise in assisting
17individuals with a disability and eligible providers with
18expertise in assisting adults in need of adult education and
19literacy activities.
20o. Coordination with education providers.
21(1) The local workforce development board shall coordinate
22activities with education and training providers in the local
23workforce development area, including providers of workforce
24investment activities, providers of adult education and
25literacy activities under the federal Workforce Innovation and
26Opportunity Act, Pub.L.No.113-128, Tit.II, providers of
27career and technical education as defined in 20 U.S.C.§2302,
28and local agencies administering plans under Tit.I of the
29federal Rehabilitation Act of 1973, as codified at 29 U.S.C.
30§720 et seq., relating to vocational rehabilitation services,
31excluding 29 U.S.C.§732 and 741.
32(2) The coordination described in subparagraph (1) shall
33include, consistent with the federal Workforce Innovation
34and Opportunity Act, Pub.L.No.113-128, §232, all of the
35following:
-21- 1(a) Reviewing the applications to provide adult education
2and literacy activities under the federal Workforce Innovation
3and Opportunity Act, Pub.L.No.113-128, Tit.II, for the
4local workforce development area, submitted under the federal
5Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
6§232, to the eligible agency by eligible providers, to
7determine whether such applications are consistent with the
8local workforce development plan.
9(b) Making recommendations to the eligible agency to
10promote alignment with such plan.
11(3) The coordination described in subparagraph (1) shall
12also include replicating cooperative agreements in accordance
13with 29 U.S.C.§721(a)(11)(B), and implementing cooperative
14agreements in accordance with 29 U.S.C.§721(a)(11) with
15the local agencies administering plans under Tit.I of the
16federal Rehabilitation Act of 1973, as codified at 29 U.S.C.
17§720 et seq., relating to vocational rehabilitation services,
18excluding 29 U.S.C.§732 and 741, and subject to the federal
19Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
20§121(f), with respect to efforts that will enhance the
21provision of services to individuals with a disability and
22other individuals, such as cross-training of staff, technical
23assistance, use and sharing of information, cooperative
24efforts with employers, and other efforts at cooperation,
25collaboration, and coordination.
26p. Budget and administration.
27(1) Budget. The local workforce development board shall
28develop a budget for the activities of the local workforce
29development board in the local workforce development area,
30consistent with the local workforce development plan and the
31duties of the local workforce development board under this
32section, subject to the approval of the chief elected official.
33(2) Administration.
34(a) The chief elected official in a local workforce
35development area shall serve as the local grant recipient
-22-1for, and shall be liable for any misuse of, the grant funds
2allocated to the local workforce development area under the
3federal Workforce Innovation and Opportunity Act, Pub.L.
4No.133-128, §128 and 133, unless the chief elected official
5reaches an agreement with the department of workforce
6development for the department to act as the local grant
7recipient and bear such liability. In order to assist in
8administration of the grant funds, the chief elected official
9or the department, where the department serves as the local
10grant recipient for a local workforce development area, may
11designate an entity to serve as a local grant subrecipient for
12such funds or as a local fiscal agent. Such designation shall
13not relieve the chief elected official or the department of
14the liability for any misuse of grant funds. The local grant
15recipient or designated entity shall disburse the grant funds
16for workforce investment activities at the direction of the
17local workforce development board, pursuant to the requirements
18of the federal Workforce Innovation and Opportunity Act,
19Pub.L.No.113-128, Tit.I. The local grant recipient or
20designated entity shall disburse the funds immediately upon
21receiving such direction from the local workforce development
22board.
23(b) The local workforce development board may solicit and
24accept grants and donations from sources other than federal or
25state funds.
26(c) For purposes of carrying out duties under this section,
27a local workforce development board may incorporate and may
28operate as an entity described in section 501(c)(3) of the
29Internal Revenue Code that is exempt from taxation under
30section 501(a) of the Internal Revenue Code.
31q. Accessibility for individuals with disabilities. The
32local workforce development board shall annually assess the
33physical and programmatic accessibility, in accordance with
3429 U.S.C.§3248, if applicable, applicable provisions of
35chapter 216, and applicable provisions of the Americans with
-23-1Disabilities Act of 1990, codified at 42 U.S.C.§12101 et seq.,
2of all one-stop centers in the local workforce development
3area.
4r. Statewide workforce development initiatives. The local
5workforce development board shall participate in statewide
6workforce development initiatives in accordance with guidance
7and oversight by the state workforce development board or
8department of workforce development.
95. Limitations.
10a. Training services.
11(1) Except as provided in subparagraph (2), a local
12workforce development board shall not provide training
13services.
14(2) The department of workforce development may, pursuant
15to a request from a local workforce development board, grant
16a written waiver of the prohibition set forth in subparagraph
17(1) for a program of training services, if the local workforce
18development board does all of the following:
19(a) Submits to the governor a proposed request for the
20waiver that includes satisfactory evidence that an insufficient
21number of eligible providers of such a program of training
22services is available to meet local demand in the local
23workforce development area; information demonstrating that
24the board meets the requirements for an eligible provider of
25training services under section 122 of the federal Workforce
26Innovation and Opportunity Act, Pub.L.No.113-128; and
27information demonstrating that the program of training services
28prepares participants for an in-demand industry sector or
29occupation in the local workforce development area.
30(b) Makes the proposed request available to eligible
31providers of training services and other interested members of
32the public for a public comment period of not less than thirty
33days.
34(c) Includes in the final request for the waiver the
35evidence and information described in subparagraph division (a)
-24-1and the comments received pursuant to subparagraph division
2(b).
3(3) A waiver granted to a local workforce development board
4under subparagraph (2) shall apply for a period that shall
5not exceed the duration of the local workforce development
6plan. The waiver may be renewed for additional periods under
7subsequent local plans, not to exceed the durations of such
8subsequent plans, pursuant to requests from the local workforce
9development board, if the board meets the requirements of
10subparagraph (2) in making the requests.
11(4) The department of workforce development may revoke the
12waiver during the appropriate period described in subparagraph
13(3) if the department determines the waiver is no longer needed
14or that the local workforce development board involved has
15engaged in a pattern of inappropriate referrals to training
16services operated by the local workforce development board.
17b. Career services; designation or certification as one-stop
18operators. A local workforce development board may provide
19career services described in section 134(c)(2) of the federal
20Workforce Innovation and Opportunity Act, Pub.L.No.113-128,
21through a one-stop delivery system or be designated or
22certified as a one-stop operator only with the agreement of the
23chief elected official in the local workforce development area
24and the department of workforce development.
25c. Limitation on authority. This section shall not be
26construed to provide a local workforce development board with
27the authority to mandate curricula for schools.
286. Conflict of interest. A member of a local workforce
29development board, or a member of a standing committee, shall
30not do any of the following:
31a. Vote on a matter under consideration by the board or
32committee that concerns the provision of services by the member
33or by an entity that the member represents.
34b. Vote on a matter under consideration by the board or
35committee that would provide direct financial benefit to the
-25-1member or the immediate family of the member.
2c. Engage in any other activity determined by the governor
3to constitute a conflict of interest as specified in the state
4workforce development plan.
57. Public information. In addition to meeting the
6requirements of chapter 22, local workforce development boards
7shall make available to the public, on a regular basis through
8electronic means and, if applicable, through open meetings
9in accordance with chapter 21, information regarding the
10activities of the board, including all of the following:
11a. Information regarding the local workforce development
12plan, as required under the federal Workforce Innovation and
13Opportunity Act, Pub.L.No.113-128, prior to submission of
14the local workforce development plan or modification of the
15plan.
16b. Information regarding local workforce development board
17membership, including the name and affiliation of each member.
18c. The bylaws of the board.
19d. Designation and certification of one-stop operators.
20e. Award of grants or contracts to eligible training
21providers of workforce investment activities, including
22providers of youth investment activities.
23 Sec. 7. Section 84A.5, Code 2018, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 12. The department of workforce
26development is responsible for the development and oversight of
27industry and sector partnerships in the state.
28 NEW SUBSECTION. 13. The department of workforce
29development is responsible for the administration of the state
30list of eligible providers and programs under the federal
31Workforce Innovation and Opportunity Act, Pub.L. No.113-128,
32§122.
33 NEW SUBSECTION. 14. The department of workforce
34development is responsible for the review of local workforce
35development plans under section 84A.4. The department may
-26-1approve a local workforce development plan, conditionally
2approve a local workforce development plan with requests for
3additional information and recommended changes, or reject a
4local workforce development plan and request the submission
5of a new local workforce development plan. The department
6may create templates, policies, and procedures regarding the
7submission, format, and contents of local workforce development
8plans.
9 NEW SUBSECTION. 15. The department of workforce
10development shall provide oversight, guidance, and technical
11assistance to local workforce development areas, including but
12not limited to local workforce development boards, local fiscal
13agents, youth providers, and eligible providers of career
14services.
15 Sec. 8. TRANSITION PROVISIONS.
161. Chief elected officials may appoint members serving
17on local workforce development boards prior to the effective
18date of this Act pursuant to section 84A.4, subsection 1, Code
192018, for membership on local workforce development boards on
20and after the effective date of this Act if such individuals
21continue to be eligible for membership on the boards pursuant
22to section 84A.4, subsection 2, paragraph “b”, as enacted by
23this Act.
242. Members serving on a local workforce development board
25prior to the effective date of this Act pursuant to section
2684A.4, subsection 1, Code 2018, shall continue to constitute
27the membership of the board until a meeting of the board is
28held at which a majority of the members of the board appointed
29pursuant to section 84A.4, subsection 2, as enacted by this
30Act, are present.
31 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
32importance, takes effect upon enactment.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-27- 1This bill relates to the membership and duties of the
2state and local workforce development boards and related
3responsibilities of the department of workforce development.
4Changes made by the bill primarily relate to requirements of
5the federal Workforce Innovation and Opportunity Act, Pub.L.
6No.113-128 (WIOA).
7STATE WORKFORCE DEVELOPMENT BOARD. The bill strikes
8language relating to conflicts of interest of members of the
9state workforce development board and provides new language
10on the same subject. The bill prohibits board members from
11voting on matters that concern the provision of services by
12the member or by an entity that the member represents or that
13would provide direct financial benefit to the member or the
14member’s immediate family. The bill also prohibits a member
15from engaging in any other activity determined by the governor
16to constitute a conflict of interest as specified in the state
17workforce development plan.
18The bill requires the board, in addition to complying
19with the state open records law, to make certain specified
20information relating to the activities of the board available
21to the public on a regular basis through electronic means and
22open meetings if applicable.
23The bill provides that requirements relating to political
24and gender balance on the appointive membership of boards only
25apply to the 26 voting members of the board appointed by the
26governor, rather than the full membership.
27LOCAL WORKFORCE DEVELOPMENT BOARDS. The bill strikes
28language pertaining to the membership and duties of local
29workforce development boards and provides new language on the
30same subject.
31The bill directs the department of workforce development to
32establish and certify a local workforce development board in
33each local workforce development area of the state to carry out
34various functions described in the bill as well as functions
35specified under WIOA, or the provisions establishing a core
-28-1program for such local workforce development area.
2The bill provides that members of local workforce
3development boards shall be appointed by local chief elected
4officials in local workforce development areas based on
5criteria established by the governor in partnership with the
6state workforce development board. The bill establishes
7minimum criteria for composition of local workforce development
8boards. Minimum criteria require that a majority of members be
9representatives of business, that not less than 20 percent of
10members be representatives of the workforce, and that members
11include representatives of entities administering education and
12training activities and representatives of governmental and
13economic and community development entities.
14The bill excludes certain board members from requirements
15relating to political and gender balance on the appointive
16membership of boards. The bill provides for the election
17of a chairperson of the board. The bill permits a board to
18designate and direct the activities of standing committees
19to provide information and to assist the local workforce
20development board. Such committees must include individuals
21who are not members of the board and may include members who
22are members of the board.
23The bill provides for biennial certification of a local
24workforce development board by the department of workforce
25development. The bill provides a decertification process for a
26board under certain circumstances and a process for subsequent
27appointment and certification of a new board.
28The bill provides a detailed list of functions to be carried
29out by local workforce development boards, including but not
30limited to development of a comprehensive four-year local
31workforce development plan, engaging in workforce research and
32regional labor market analysis, developing and implementing
33career pathways, providing oversight of various programs and
34activities, and carrying out various other functions required
35by WIOA. The bill provides a process for the development
-29-1and modification of local workforce development plans by the
2boards.
3The bill permits local workforce development boards to
4provide training and career services only under certain limited
5circumstances specified in the bill. The bill shall not be
6construed to provide a local workforce development board with
7the authority to mandate curricula for schools.
8The bill prohibits local workforce development board members
9from voting on matters that concern the provision of services
10by the member or by an entity that the member represents or
11that would provide direct financial benefit to the member or
12the member’s immediate family. The bill also prohibits a
13member from engaging in any other activity determined by the
14governor to constitute a conflict of interest as specified in
15the state workforce development plan.
16The bill requires that local workforce development boards,
17in addition to complying with the state open records law, make
18certain specified information relating to the activities of
19the boards available to the public on a regular basis through
20electronic means and open meetings if applicable.
21The bill permits chief elected officials to appoint members
22serving on local workforce development boards prior to the
23effective date of the bill for membership on local workforce
24development boards on and after the effective date of the bill
25if such individuals continue to be eligible for membership
26pursuant to the bill.
27The bill provides that members serving on a local workforce
28development board prior to the effective date of the bill shall
29continue to constitute the membership of the board until a
30meeting of the board is held at which a majority of the members
31of the board appointed pursuant to the bill are present.
32DUTIES OF DEPARTMENT OF WORKFORCE DEVELOPMENT. The bill
33provides new responsibilities of the department of workforce
34development, including responsibilities for the development and
35oversight of industry and sector partnerships, administration
-30-1of the state list of eligible providers and programs under
2WIOA, review of local workforce development plans, and the
3provision of oversight, guidance, and technical assistance to
4local workforce development areas.
5EFFECTIVE DATE. The bill takes effect upon enactment.
-31-je/rj