§ 541. Workforce development council; state workforce investment board; members, terms
(a) The workforce development council is created as the successor to and the continuation of the governor's human resources investment council and shall be the state workforce investment board under Public Law 105-220, the Workforce Investment Act of 1998, and any reauthorization of that act. The council shall consist of the members required under the federal act and the following: the president of the University of Vermont or designee; the chancellor of the Vermont state colleges or designee; the president of the Vermont student assistance corporation or designee; the president of the Association of Vermont Independent Colleges or designee; a representative of the Abenaki Self Help Organization; at least two representatives of labor appointed by the governor in addition to the two required under the federal act, who shall be chosen from a list of names submitted by Vermont AFL-CIO, Vermont NEA, and the Vermont state employees association; one representative of the low income community appointed by the governor; two members of the senate appointed by the senate committee on committees; and two members of the house appointed by the speaker. In addition, the governor shall appoint enough other members who are representatives of business or employers so that one-half plus one of the members of the council are representatives of business or employers. At least one-third of those appointed by the governor as representatives of business or employers shall be chosen from a list of names submitted by the regional workforce investment boards. For the purposes of this section, "representative of business" means a business owner, a chief executive operating officer, or other business executive, and "employer" means an individual with policy-making or hiring authority, including a public school superintendent or school board member and representatives from the nonprofit, social services, and health sectors of the economy. If there is a dispute as to who is to represent an interest as required under the federal law, the governor shall decide who shall be the member of the council.
(b) Appointed members, except legislative appointees, shall be appointed for three-year terms and serve at the pleasure of the governor.
(c) A vacancy shall be filled for the unexpired term in the same manner as the initial appointment.
(d) The governor shall appoint one of the business or employer members to chair the council.
(e) Legislative members shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406, and other members shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010.
(f) The department of labor shall provide the council with administrative support.
(g) The workforce development council shall be subject to subchapters 2 and 3 of chapter 5 of Title 1, relating to public meetings and access to public records.
(h) The commissioner of labor in consultation with the chair of the workforce development council shall appoint an executive director who shall be an exempt employee.
(i) The workforce development council shall:
(1) Advise the governor on the establishment of an integrated network of workforce education and training for Vermont.
(2) Coordinate planning and services for an integrated network of workforce education and training and oversee its implementation.
(3) Establish and oversee workforce investment boards as provided in section 542 of this title.
(4) Establish goals for and coordinate the state's workforce education and training policies.
(5) Speak for the workforce needs of employers.
(6) [Deleted.]
(7) Annually review and comment on workforce education and training revenues and expenditures of member agencies and institutions.
(8) Negotiate memoranda of understanding between the council and agencies and institutions involved in Vermont's integrated network of workforce education and training in order to ensure that each is working to achieve annual objectives developed by the council.
(9) Carry out the duties assigned to the state workforce investment board, as required for a single-service delivery state, under P.L. 105-220, the Workforce Investment Act of 1998, and any amendments that may be made to it.
(10) [Deleted.] (Added 2005, No. 212 (Adj. Sess.), § 1, eff. May 29, 2006; amended 2009, No. 33, § 21.)
§ 542. Regional workforce investment boards
(a) At the request of a regional group recognized by the council as interested in workforce training, the workforce development council shall establish a regional workforce investment board in the region. Regional workforce investment boards shall act with oversight from the workforce development council.
(b) Members of each regional workforce investment board shall include individuals or representatives of employers and employees from large and small businesses, secondary and post-secondary educational institutions, regional technical centers, economic development organizations or chambers of commerce, or both, workforce education and training organizations, and public agencies with work force education and training responsibilities. The workforce development council shall review the regional workforce investment board membership to ensure a balance between employers, employees and workforce program providers with 51 percent of membership representing employers. Members shall not receive compensation or reimbursement for expenses.
(c) Each regional workforce investment board may:
(1) Coordinate a delivery system of workforce education and training services that is responsive to the needs of employers, employees and individuals interested in receiving workforce training and is consistent with policies established by the workforce development council. The system shall avoid duplication of services among workforce education and training programs and service providers.
(2) Perform periodic regional needs assessments and establish priorities for regional workforce development, and report on such assessments and priorities to the workforce development council.
(3) Determine whether each program and provider collaborates and coordinates its activities with other programs.
(4) Review and endorse requests by workforce programs and providers for waivers of state and federal regulations in support of high performance, if such requests are consistent with the goals of the statewide integrated network of workforce education and training as established by the workforce development council.
(5) Ensure the most effective use of funds by encouraging collaborative work on budget preparation and grant proposals submitted by programs and providers.
(6) Encourage partnerships with businesses and providers to develop new education and training opportunities that meet regional labor market needs and that are consistent with policies established by the workforce development council.
(7) Continue to support school-to-work efforts through a youth council and integrate school-to-work, and welfare reform initiatives so that these initiatives are integrated into the workforce education and training system.
(8) Develop an integrated network of service providers including department of labor career resource centers consistent with policies established by the workforce development council.
(9) Maintain a process for sharing information about program needs and opportunities among programs, providers, employers and the general public.
(10) Coordinate the dissemination of, and assure access, to pertinent labor market information.
(11) Coordinate the dissemination of, and assure access, to pertinent workforce education and training program and services information for individuals and businesses.
(12) Explore new ideas and models that advance policies established by the workforce development council, and act as a clearinghouse for all providers and programs in the region.
(13) Ensure that new program ideas complement the goals of the workforce development council including the goal of an integrated network of workforce education and training.
(14) Conduct an inventory of businesses for potential alternate learning environments.
(15) Advise the workforce development council about standards and procedures for a uniform accountability and information data base for programs and providers.
(16) Perform such other duties identified by the workforce development council to be necessary or desirable in carrying out the purposes of this chapter.
(d) Subject to available resources, each investment board shall report to the workforce development council in the manner described by the council. The report shall include the following:
(1) A comprehensive regional workforce development strategic plan that addresses the region's economic development, education and training, and employment needs, including a plan for outreach to workers who earn less than a livable income, which for the purposes of this section means the equivalent of the annual basic needs budget for a single person without dependents, as computed pursuant to annual calculations performed by the joint fiscal office. The strategic plan shall be updated biennially or as requested by the workforce development council.
(2) An annual workforce development work plan that describes the efforts of its members to implement the goals of the strategic plan, including the following:
(A) Specific training solutions and programs that address the needs identified in the strategic plan.
(B) Work opportunities that help increase the income of workers who earn less than a livable income.
(C) Proposed outcomes and accountability measures for determining whether the objectives described in the regional workforce development strategic plan have been met.
(3) [Deleted.] (Added 1995, No. 45, § 1; amended 1999, No. 27, § 3, eff. May 19, 1999; 1999, No. 119 (Adj. Sess.), § 5, eff. May 18, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; No. 212 (Adj. Sess.), § 1; 2009, No. 33, § 22.)
§ 543. Workforce education and training fund; grant programs
(a) Creation. There is created a workforce education and training fund in the department of labor to be managed in accordance with subchapter 5 of chapter 7 of Title 32.
(b) Purposes. The fund shall be used exclusively for the following two purposes:
(1) training to improve the skills of Vermont workers, including those who are unemployed, underemployed, or in transition; and
(2) internships to provide work-based learning opportunities with Vermont employers for students from Vermont colleges, public and private high schools, regional technical centers, and the Community High School of Vermont, and for students who are Vermont residents attending college, high school, technical or vocational schools out of state.
(c) Administrative Support. Administrative support for the grant award process shall be provided by the departments of labor and of economic development. Technical, administrative, financial, and other support shall be provided whenever appropriate and reasonable by the workforce development council and all other public entities involved in economic development, workforce development and training, and education.
(d) Eligible Activities. Awards from the fund shall be made to employers and entities that offer programs that require collaboration between employees and businesses, including private, public, and nonprofit entities, institutions of higher education, technical centers, and workforce development programs. Funding shall be for training programs and student internship programs that offer education, training, apprenticeship, mentoring, or work-based learning activities, or any combination; that employ innovative intensive student-oriented competency-based or collaborative approaches to workforce development; and that link workforce education and economic development strategies. Training programs or projects that demonstrate actual increased income and economic opportunity for employees and employers may be funded for more than one year. Student internships and training programs that involve the same employer may be funded multiple times, provided that new students participate.
(e) Award Criteria and Process. The workforce development council, in consultation with the commissioners of labor and of economic development, shall develop criteria consistent with subsection (d) of this section for making awards under this section. The commissioners of labor and of economic development shall develop process for making awards that includes both the following:
(1) applications shall be submitted to and reviewed by the local workforce investment board. Within seven business days, the board shall forward them to the commissioner of labor, unless this time requirement is waived by the applicant; and
(2) if review by the local workforce investment board as required by subdivision (1) of this subsection is not completed within seven business days, the applicant may file the application directly with the commissioner of labor without further review by the local workforce investment board.
(f) Awards. Based on guidelines set by the council, the commissioner of labor shall make awards to the following:
(1) Training Programs. Public, private, and nonprofit entities for existing or new innovative training programs. There shall be a preference for programs that include training for newly created or vacant positions. Awards may be made to programs that retrain incumbent workers. Awards under this subdivision shall be made to programs or projects that do all the following:
(A) offer innovative programs of intensive, student-centric, competency-based education, training, apprenticeship, mentoring, or any combination of these;
(B) address the needs of workers who are unemployed, underemployed, or are at risk of becoming unemployed due to changing workplace demands by increasing productivity and developing new skills for incumbent workers;
(C) lead to jobs paying at least 200 percent of the current minimum wage or at least 150 percent if benefits are included; this requirement may be waived when warranted based on regional or occupational wages or economic reality;
(D) require a measurable investment from involved employers;
(E) do not duplicate, supplant, or replace other available programs funded with public money;
(F) articulate clear goals and demonstrate readily accountable, reportable, and measurable results;
(G) demonstrate an integrated connection between training and specific employment opportunities, including an effort and consideration by participating employers to hire those who successfully complete a training program.
(2) Internship Program. Public and private entities for internship programs that match Vermont employers with students from public and private secondary schools, regional technical centers, the Community High School of Vermont, and colleges. For the purposes of this section, "internship" means a learning experience working with an employer where the intern may, but does not necessarily receive academic credit, financial remuneration, a stipend, or any combination of these. Awards under this subdivision may be used to fund the cost of administering an internship program and to provide students with a stipend during the internship, based on need. Awards may be made only to programs or projects that do all the following:
(A) do not replace or supplant existing positions;
(B) create real workplace expectations and consequences;
(C) provide a process that measures progress toward mastery of skills, attitude, behavior, and sense of responsibility required for success in that workplace;
(D) are designed to motivate and educate secondary and postsecondary students through work-based learning opportunities with Vermont employers that are likely to lead to real employment;
(E) include mechanisms that promote employer involvement with secondary and postsecondary students and curriculum and the delivery of education at the participating schools;
(F) involve Vermont employers or interns who are Vermont residents; and
(G) offer students a continuum of learning, experience, and relationships with employers that will make it financially possible and attractive for graduates to continue to work and live in Vermont.
(g) [Repealed.] (Added 2007, No. 46, § 4, eff. May 23, 2007; amended 2007, No. 182 (Adj. Sess.), § 7, eff. June 2, 2008; 2009, No. 33, § 23; No. 54, § 9, eff. June 1, 2009;; No. 1 (Sp. Sess.), § E.401.1.)