WORKFORCE DEVELOPMENT

M.G.L. pt. Part I, tit. Title II, ch. c. 23H

in effect

M.G.L. c. 23H, § 1 Department of career services

c. 23H, § 1. Department of career services Section 1. (a) Within the executive office of labor and workforce development, there shall be a department of career services, in this chapter called the department. (b) The mission of the department shall be to develop, coordinate, and maintain a coherent workforce development system that fills the needs of employers for a skilled workforce and promotes lifelong learning among employees. The department shall cooperate with all federal, state, and local agencies active in the field of workforce development to achieve this goal. [There is no subsection (c).] (d) The following state agencies and funds shall be in the department of career services: the one stop career centers, the state workforce development board, the commonwealth corporation, and the workforce training fund. The division of unemployment assistance shall include the medical security trust fund and the unemployment insurance trust fund.

M.G.L. c. 23H, § 5 [There is no 23H:5.]

M.G.L. c. 23H, § 6 Administration of system of free public employment offices by the director of career services

c. 23H, § 6. Administration of system of free public employment offices by the director of career services Section 6. (a) The director of career services shall administer the system of free public employment offices established in sections 160 to 168A, inclusive, of chapter 149. (b) Said department shall have control of the establishment, maintenance and operation of free public employment offices of the commonwealth and shall co-operate with MassAbility in the placement of persons with disabilities under the provisions of section 81 of chapter 6. The department shall be the state agency for co-operation with the United States Employment Service under chapter 49 of the acts of the 73rd congress, session I, known as the Wagner–Peyser act, and shall have all the powers of such an agency as specified in said act. The director shall assure that all information secured as an incident to the public employment service program is used solely for the purpose of administering the commonwealth system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the secretary of labor and workforce development, provided that such disclosure will not impede the operation of or be inconsistent with the purposes of the public employment service program, or where such disclosure is otherwise authorized or required by law. Whoever discloses such information other than as required or authorized by law shall be subject to the penalty set forth in section 46 of chapter 151A. (c) The director, in consultation with the secretary, shall divide the commonwealth into employment districts. Subject to appropriation, he may establish and maintain such additional free public employment offices as he may find necessary. The director may contract with one-stop operators, certified in accordance with the provisions of Public Law 105–220, to provide such offices and shall have all the powers of such an agency as specified in said act. In addition, the director shall consult with the director of the department of unemployment assistance to determine the share of the capital and operating expenses of said offices necessary or convenient for the proper administration of chapter 151A. The department of unemployment assistance shall reimburse the department of career services for said share. Said offices shall be available for the payment of benefits, presentation of claims, registration of the unemployed, action to procure employment for the unemployed, and for the proper administration of chapter 151A.

M.G.L. c. 23H, § 7 State workforce development board

c. 23H, § 7. State workforce development board Section 7. (a) There shall be in the department but not subject to the department's jurisdiction, a state workforce development board. (b) The board shall consist of: the governor or a designee; the secretary of labor and workforce development or a designee; the secretary of economic development or a designee; the secretary of health and human services or a designee; the secretary of education or a designee; the commissioner of the Massachusetts commission for the blind or MassAbility or a designee; 2 chief elected officials, as defined in 29 U.S.C. section 3102, who shall be appointed by the governor from designated local workforce development areas as defined by the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113–128; 18 persons to be appointed by the governor who shall represent business and industry and who: (i) shall be owners of businesses, chief executives or operating officers of businesses or other business executives or employers with optimum policymaking or hiring authority; (ii) shall represent businesses, including small businesses, or organizations representing businesses that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development for in-demand industry sectors or occupations in the commonwealth; and (iii) shall be nominated for appointment by commonwealth business organizations and business trade associations in the commonwealth; 7 persons to be appointed by the governor who shall represent the workforce within the commonwealth, including 2 representatives of labor organizations of whom 1 shall be nominated by labor federations in the commonwealth and 1 shall be a representative of the National Association of Government Employees; 1 representative of a labor organization or a training director, from a joint labor-management apprenticeship program; and 4 representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of individuals facing barriers to employment or experience and expertise in addressing the employment, training or education needs of youth, including representatives of organizations that serve out-of-school youth. (c) In addition to the members appointed under subsection (b), the board shall also include: 1 member of the senate; and 1 member of the house of representatives. (d) The appointments made under subsection (b) shall include women, people of color, veterans and persons with disabilities or representatives of industry or workforce associations representative of their perspectives, in such proportion as these groups exist in the commonwealth's population as periodically determined by the state secretary as the commonwealth's chief census officer. (e) No person shall serve as a member for more than 1 category on the board. (f) The members of the board shall represent diverse geographic areas of the commonwealth, including urban, rural and suburban areas. (g) The members of the board shall serve at the pleasure of the governor and shall serve without compensation. The terms of the appointed members shall expire as designated by the governor at the time of appointment, but shall not exceed 2 years. (h) The governor shall select a member to chair the board from among the members representing business and industry. The chair shall serve at the pleasure of the governor. (i) The board shall adopt by-laws to govern its proceedings and shall carry out the responsibilities required of it under the federal Workforce Innovation and Opportunity Act of 2014. The board shall provide assessments and recommendations to the governor, the workforce skills cabinet, local workforce boards and other entities as needed regarding the effectiveness of the public workforce development system in the commonwealth, shall assist in measuring the effectiveness of this system and in pursuing its continuous improvement, shall develop recommended strategies to promote the proportionate workforce participation of women, people of color, veterans, and persons with disabilities across industry sectors in the commonwealth and shall generally assist in meeting the regional workforce needs of the commonwealth. The board shall seek to promote innovative and performance driven models for workforce development and shall seek to maximize the effectiveness of the local workforce boards. (j) The administrative staff of the board shall be supervised by and shall report to the director of career services. The board may contract with the department of career services for personnel services and other operating needs. The department of career services may promulgate and carry out operational policies for the benefit of the board without requiring express board approval. Notwithstanding any general or special law to the contrary, the commonwealth's other departments, agencies, divisions, commissions, boards and bureaus may provide such information and support as the board may require.

M.G.L. c. 23H, § 8 Definitions applicable to Secs. 8 to 10

c. 23H, § 8. Definitions applicable to Secs. 8 to 10 Section 8. As used in sections 8 to 10, inclusive, the following words shall have the following meanings: ''Eligible service provider'', a community-based nonprofit organization that provides workforce development services, such as job skills training, education, placement services, and supportive services. ''Potential employee target groups'', persons receiving TAFDC, older adults, immigrants, and other persons who are underemployed or unemployed. ''Qualifying consortium'', a collaborative program of service that includes a community-based nonprofit organization or union/labor–management program or institution of higher education and an employer.

M.G.L. c. 23H, § 8A Administration and enforcement of unemployment insurance system and employer medical assistance contribution by director of unemployment assistance

c. 23H, § 8A. Administration and enforcement of unemployment insurance system and employer medical assistance contribution by director of unemployment assistance Section 8A. The director of unemployment assistance shall administer and enforce the unemployment insurance system and the employer medical assistance contribution established in section 189 of chapter 149. The director, with the approval of the secretary, may assign personnel, responsibilities and duties under federal law to any office or division within the department in order to maximize efficiency of resources and delivery of services.

M.G.L. c. 23H, § 9 Health professions worker training grant program

c. 23H, § 9. Health professions worker training grant program Section 9. A health professions worker training grant program is established for the purpose of responding to the need for workers in various health care professions, subject to the requirements of section 2RR of chapter 29. A qualifying consortium shall apply for grant funding from the fund in the manner specified by the director. Applications for grants must describe targeted participants of the proposed grant application and must describe the specific critical work force shortage the program is designed to alleviate. The application must include verification that in the process of determining that a critical work force shortage exists in the target area, the applicant has (1) consulted available data on worker shortages and (2) conferred with employers in the target area. Within the limits of available appropriations, the director shall make grants not to exceed $200,000 each to qualifying consortia to provide workforce development services which may lead to employment in the health professions. Grant awards must establish specific, measurable outcomes and timelines for achieving those outcomes. A qualifying consortium shall implement a marketing and outreach strategy to recruit into the health care professions persons from one or more of the potential employee target groups. Recruitment strategies must include: a screening process to evaluate whether potential employees may be disqualified as the result of a required background check or are otherwise unlikely to succeed in the position for which they are being recruited; and a process for modifying course work to meet the training needs of non-English-speaking persons, when appropriate. High school students participating in a training program shall not be permitted to work more than 20 hours per week when school is in session.

M.G.L. c. 23H, § 10 Performance standards for workforce development and job training programs

c. 23H, § 10. Performance standards for workforce development and job training programs By April 1, 2004, the state workforce development board shall develop performance standards for workforce development and job training programs receiving state funding. The standards may vary across program types. The state workforce development board may contract with a consultant to develop the performance standards. The state workforce development board shall consult with stakeholder advocacy groups, community-based nonprofit service providers, and local workforce investment boards in the development of both performance standards and reporting requirements. The standards must at a minimum measure: the employability levels of individuals as defined by basic skill level, the amount of work experience, and barriers to employment prior to program entry; the individual's annual income and employability level for the 12 months prior to entering the program, the starting annual income upon placement after completing the program, employability level and annual income one year after completion of the program, and the individual's reported satisfaction; the program completion rate, placement rate, employability level upon placement, and one-year retention rate; and the cost per placement and per job retained at one year and the percentage of program funding coming from the state and other levels of government. Commencing April 1, 2005, all workforce development services and job skills training programs receiving state funds must submit an annual performance report to the state workforce development board. The state workforce development board may develop a uniform format for the report and prescribe the manner in which the report is required to be submitted. By December 31 of each odd-numbered year and commencing December 31, 2005, the director of the department of career services, in consultation with the state workforce development board, shall submit recommendations to the house and senate clerks regarding modifications to, including the elimination of, existing statutory requirements with respect to workforce development and job training programs. The recommendations shall include recommendations regarding funding levels required to meet worker and employer skill development needs, with a particular focus on low income and low wage workers.

M.G.L. c. 23H, § 11 Performance standards and workforce accountability task force

c. 23H, § 11. Performance standards and workforce accountability task force Section 11. (a) There shall be in the department, but not subject to the jurisdiction thereof, a performance standards and workforce accountability task force, hereinafter called the task force. The task force shall develop and recommend policies that advance skills and workforce development opportunities for incumbent, unemployed and underemployed youth and adult workers whose lack of skills prevent or limit their successful employment. Lack of skills may include, but shall not be limited to, being less than proficient in English, mathematics, reading, writing, science and technology, or such other skills as Massachusetts employers may identify. The following groups shall be specifically targeted for assistance: adult workers with no post-secondary education; adult immigrants who seek to learn English; adults without a high school diploma; displaced workers; older workers; individuals not currently connected to the workforce; and youths between the ages of 16 and 21 who have either dropped out of school or are at risk of dropping out, or who are academically at-risk of not completing the requirements for high school graduation. The task force shall develop recommendations which shall include, but not be limited to, the following: (i) maximizing the skills gained, the number of people served, and the quality of outcomes achieved through the workforce development system; (ii) increasing services and resources for those most in need and for the purpose of moving individuals and families out of poverty; (iii) identifying professional development and technical assistance needs and resources to strengthen workforce development programs and the skills of staff who deliver workforce development services; and (iv) evaluating and analyzing current local and state policies for the governance and coordination of workforce development agencies and programs in Massachusetts and making recommendations for improving coordination, oversight, performance standards, streamlining bureaucracy and maximizing resources. (b) The task force shall design and conduct an evaluation and analysis of the present governance and coordination of workforce development agencies and programs in the commonwealth. On the basis of that study the task force shall recommend to the general court, and other appropriate agencies, policies and changes to policies likely to improve the results of workforce development efforts in the commonwealth. Said recommendations shall address improving coordination, oversight and maximizing resources. The goals of the study shall include assisting citizens of the commonwealth in making better use of the state's workforce development system, defining clearer lines of responsibility and accountability, and analyzing the management of the system in an effort to both improve service delivery and supplement the resources available for education and training. The task force shall publish a resource guide of all the workforce education and training resources available in the commonwealth. (c) The task force shall consist of: the director of the department of career services or his designee; 3 members of the senate, 2 of whom shall be appointed by the senate president, 1 of whom shall serve as co-chair, and 1 of whom shall be appointed by the minority leader of the senate; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair, and 1 of whom shall be appointed by the minority leader of the house of representatives; the chancellor of the board of higher education or his designee; the secretary of the executive office of health and human services or his designee; and 18 members to be appointed by the governor, 1 of whom shall be from the Massachusetts Business Roundtable, 1 of whom shall be from the Associated Industries of Massachusetts, 2 of whom shall be from of the Massachusetts AFL–CIO nominated by its president, 2 of whom shall employ members from the Massachusetts Workforce Investment Board Association, 1 of whom shall be from the Workforce Investment Association of Massachusetts, 1 of whom shall be from the executive office of community colleges 1 of whom shall be from the department of education, 1 of whom shall be from the Massachusetts Workforce Investment Board, 1 of whom shall be from the Commonwealth Corporation, 1 of whom shall be from the Women's Union, 1 of whom shall be from the Massachusetts State Colleges Council of Presidents, 1 of whom shall be from the Massachusetts Association of Community Development Corporations 1 of whom shall be from the Massachusetts Coalition for Adult Education, 1 of whom shall be from JFYNetWorks and 1 of whom shall be from the Massachusetts Workforce Alliance; provided, further, that at least 2 of the aforementioned members appointed by the governor shall represent business and workers' organizations from rural areas and communities with a population of less than 31,000 residents. (d) Members of the task force shall serve without compensation. The task force shall annually, on or before December 31, file a report with the clerk of the house of representatives and the clerk of the senate, the house and senate committees on ways and means, the joint committee on labor and workforce development, and the joint committee on economic development and emerging technologies. (e) The department of career services shall provide the funds necessary to carry out the activities of this section through workforce investment act funds. The department may use up to $500,000 of the workforce competitiveness trust fund for this purpose and shall provide administrative support to the task force, as requested. (f) It shall be the responsibility of the department of career services, through the Commonwealth Corporation, in consultation with the workforce accountability task force to evaluate existing, and develop additional, performance standards for workforce and job-training programs receiving state funding in the areas of employment, skill, education, business and customer satisfaction impact for the agencies of the commonwealth that provide workforce development resources, education or training programs as defined by the task force. Commencing July 1, 2006, all workforce development services and job skills training programs receiving state or federal funds must submit, not later than June 30, an annual performance report to the department, the state workforce development board, the house and senate committees on ways and means, the joint committee on education, the joint committee on higher education, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development. The annual performance report shall use the employment, education, business and customer satisfaction measures and standards as agreed upon and shall include any recommendations for the termination of any programs no longer required.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23HFetched: 10/20/2026