State Workforce Development Board

20 C.F.R. Part ..., Subpart A
in effectEffective: 2024-07-01

20 C.F.R. § 679.100 What is the purpose of the State Workforce Development Board?

The purpose of the State Workforce Development Board (WDB) is to convene State, regional, and local workforce system and partners, to— (a) Enhance the capacity and performance of the workforce development system; (b) Align and improve the outcomes and effectiveness of Federally-funded and other workforce programs and investments; and (c) Through these efforts, promote economic growth. (d) Engage public workforce system representatives, including businesses, education providers, economic development, labor representatives, and other stakeholders to help the workforce development system achieve the purpose of the Workforce Innovation and Opportunity Act (WIOA); and (e) Assist to achieve the State's strategic and operational vision and goals as outlined in the State Plan.

20 C.F.R. § 679.110 What is the State Workforce Development Board?

(a) The State WDB is a board established by the Governor in accordance with the requirements of WIOA sec. 101 and this section. (b) The membership of the State WDB must meet the requirements of WIOA sec. 101(b) and must represent diverse geographic areas of the State, including urban, rural, and suburban areas. The WDB membership must include: (1) The Governor; (2) A member of each chamber of the State legislature, appointed by the appropriate presiding officers of such chamber, as appropriate under State law; and (3) Members appointed by the Governor, which must include: (i) A majority of representatives of businesses or organizations in the State who: (A) Are the owner or chief executive officer for the business or organization, or is an executive with the business or organization with optimum policy-making or hiring authority, and also may be members of a Local WDB as described in WIOA sec. 107(b)(2)(A)(i); (B) Represent businesses, or organizations that represent businesses described in paragraph (b)(3)(i) of this section, that, at a minimum, provide employment and training opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and (C) Are appointed from a list of potential members nominated by State business organizations and business trade associations; and (D) At a minimum, one member representing small businesses as defined by the U.S. Small Business Administration. (ii) Not less than 20 percent who are representatives of the workforce within the State, which: (A) Must include two or more representatives of labor organizations nominated by State labor federations; (B) Must include one representative who must be a member of a labor organization or training director from a joint labor-management registered apprenticeship program, or, if no such joint program exists in the State, a member of a labor organization or training director who is a representative of an registered apprenticeship program; (C) May include one or more representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans or provide or support competitive, integrated employment for individuals with disabilities; and (D) May include one or more representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. (iii) The balance of the members: (A) Must include representatives of the Government including: (1) The lead State officials with primary responsibility for the following core programs— (i) The adult, dislocated worker, and youth programs authorized under title I of WIOA and the Wagner-Peyser Act; (ii) The Adult Education and Family Literacy Act (AEFLA) program authorized under title II of WIOA; and (iii) The State Vocational Rehabilitation (VR) program authorized under the Rehabilitation Act of 1973, as amended by title IV of WIOA. (iv) Where the lead official represents more than one core program, that official must ensure adequate representation of the needs of all core programs under his or her jurisdiction. (2) Two or more chief elected officials (collectively representing both cities and counties, where appropriate). (B) May include other appropriate representatives and officials designated by the Governor, such as, but not limited to, State agency officials responsible for one-stop partner programs, economic development or juvenile justice programs in the State, individuals who represent an Indian tribe or tribal organization as defined in WIOA sec. 166(b), and State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. (c) The Governor must select a chairperson for the State WDB from the business representatives on the WDB described in paragraph (b)(3)(i) of this section). (d) The Governor must establish by-laws that at a minimum address: (1) The nomination process used by the Governor to select the State WDB chair and members; (2) The term limitations and how the term appointments will be staggered to ensure only a portion of membership expire in a given year; (3) The process to notify the Governor of a WDB member vacancy to ensure a prompt nominee; (4) The proxy and alternative designee process that will be used when a WDB member is unable to attend a meeting and assigns a designee as per the following requirements: (i) If the alternative designee is a business representative, he or she must have optimum policy-making hiring authority. (ii) Other alternative designees must have demonstrated experience and expertise and optimum policy-making authority. (5) The use of technology, such as phone and Web-based meetings, that must be used to promote WDB member participation; (6) The process to ensure members actively participate in convening the workforce development system's stakeholders, brokering relationships with a diverse range of employers, and leveraging support for workforce development activities; and (7) Other conditions governing appointment or membership on the State WDB as deemed appropriate by the Governor. (e) Members who represent organizations, agencies or other entities described in paragraphs (b)(3)(ii) through (iii) of this section must be individuals who have optimum policy-making authority in the organization or for the core program that they represent. (f)(1) A State WDB member may not represent more than one of the categories described in: (i) Paragraph (b)(3)(i) of this section (business representatives); (ii) Paragraph (b)(3)(ii) of this section (workforce representatives); or (iii) Paragraph (b)(3)(iii) of this section (government representatives). (2) A State WDB member may not serve as a representative of more than one subcategory under paragraph (b)(3)(ii) of this section. (3) A State WDB member may not serve as a representative of more than one subcategory under paragraph (b)(3)(iii) of this section, except that where a single government agency is responsible for multiple required programs, the head of the agency may represent each of the required programs. (g) All required WDB members must have voting privileges. The Governor also may convey voting privileges to non-required members.

20 C.F.R. § 679.120 What is meant by the terms “optimum policy-making authority” and “demonstrated experience and expertise”?

For purposes of § 679.110: (a) A representative with “optimum policy-making authority” is an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. (b) A representative with “demonstrated experience and expertise” means an individual with documented leadership in developing or implementing workforce development, human resources, training and development, or a core program function. Demonstrated experience and expertise may include individuals with experience in education or training of job seekers with barriers to employment as described in § 679.110(b)(3)(ii)(C) and (D).

20 C.F.R. § 679.130 What are the functions of the State Workforce Development Board?

Under WIOA sec. 101(d), the State WDB must assist the Governor in the: (a) Development, implementation, and modification of the 4-year State Plan; (b) Review of statewide policies, programs, and recommendations on actions that must be taken by the State to align workforce development programs to support a comprehensive and streamlined workforce development system. Such review of policies, programs, and recommendations must include a review and provision of comments on the State Plans, if any, for programs and activities of one-stop partners that are not core programs; (c) Development and continuous improvement of the workforce development system, including— (1) Identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among programs and activities; (2) Development of strategies to support career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain employment; (3) Development of strategies to provide effective outreach to and improved access for individuals and employers who could benefit from workforce development system; (4) Development and expansion of strategies to meet the needs of employers, workers, and job seekers particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (5) Identification of regions, including planning regions for the purposes of WIOA sec. 106(a), and the designation of local areas under WIOA sec. 106, after consultation with Local WDBs and chief elected officials; (6) Development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to Local WDBs, one-stop operators, one-stop partners, and providers. Such assistance includes assistance with planning and delivering services, including training and supportive services, to support effective delivery of services to workers, job seekers, and employers; and (7) Development of strategies to support staff training and awareness across the workforce development system and its programs; (d) Development and updating of comprehensive State performance and accountability measures to assess core program effectiveness under WIOA sec. 116(b); (e) Identification and dissemination of information on best practices, including best practices for— (1) The effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (2) The development of effective Local WDBs, which may include information on factors that contribute to enabling Local WDBs to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (3) Effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences for adaptability, to support efficient placement into employment or career pathways; (f) Development and review of statewide policies affecting the coordinated provision of services through the State's one-stop delivery system described in WIOA sec. 121(e), including the development of— (1) Objective criteria and procedures for use by Local WDBs in assessing the effectiveness, physical and programmatic accessibility and continuous improvement of one-stop centers. Where a Local WDB serves as the one-stop operator, the State WDB must use such criteria to assess and certify the one-stop center; (2) Guidance for the allocation of one-stop center infrastructure funds under WIOA sec. 121(h); and (3) Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in the system; (g) Development of strategies for technological improvements to facilitate access to, and improve the quality of services and activities provided through the one-stop delivery system, including such improvements to— (1) Enhance digital literacy skills (as defined in sec. 202 of the Museum and Library Service Act, 20 U.S.C. 9101); (2) Accelerate acquisition of skills and recognized postsecondary credentials by participants; (3) Strengthen professional development of providers and workforce professionals; and (4) Ensure technology is accessible to individuals with disabilities and individuals residing in remote areas; (h) Development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including design implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation to improve coordination of services across one-stop partner programs; (i) Development of allocation formulas for the distribution of funds for employment and training activities for adults and youth workforce investment activities, to local areas as permitted under WIOA secs. 128(b)(3) and 133(b)(3); (j) Preparation of the annual reports described in paragraphs (1) and (2) of WIOA sec. 116(d); (k) Development of the statewide workforce and labor market information system described in sec. 15(e) of the Wagner-Peyser Act; and (l) Development of other policies as may promote statewide objectives for and enhance the performance of the workforce development system in the State.

20 C.F.R. § 679.140 How does the State Workforce Development Board meet its requirement to conduct business in an open manner under the “sunshine provision” of the Workforce Innovation and Opportunity Act?

(a) The State WDB must conduct business in an open manner as required by WIOA sec. 101(g). (b) The State WDB must make available to the public, on a regular basis through electronic means and open meetings, information about the activities and functions of the State WDB, including: (1) The State Plan, or modification to the State Plan, prior to submission of the State Plan or modification of the State Plan; (2) Information regarding membership; (3) Minutes of formal meetings of the State WDB upon request; (4) State WDB by-laws as described at § 679.110(d).

20 C.F.R. § 679.150 Under what circumstances may the Governor select an alternative entity in place of the State Workforce Development Board?

(a) The State may use any State entity that meets the requirements of WIOA sec. 101(e) to perform the functions of the State WDB. This may include: (1) A State council; (2) A State WDB within the meaning of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of WIOA; or (3) A combination of regional WDBs or similar entity. (b) If the State uses an alternative entity, the State Plan must demonstrate that the alternative entity meets all three of the requirements of WIOA sec. 101(e)(1): (1) Was in existence on the day before the date of enactment of the Workforce Investment Act of 1998 (WIA); (2) Is substantially similar to the State WDB described in WIOA secs. 101(a)-(c) and § 679.110; and (3) Includes representatives of business and labor organizations in the State. (c) If the alternative entity does not provide representatives for each of the categories required under WIOA sec. 101(b), the State Plan must explain the manner in which the State will ensure an ongoing role for any unrepresented membership group in the workforce development system. The State WDB must maintain an ongoing and meaningful role for an unrepresented membership group, including entities carrying out the core programs, by such methods as: (1) Regularly scheduled consultations with entities within the unrepresented membership groups; (2) Providing an opportunity for input into the State Plan or other policy development by unrepresented membership groups; and (3) Establishing an advisory committee of unrepresented membership groups. (d) In parts 675 through 687 of this chapter, all references to the State WDB also apply to an alternative entity used by a State.

20 C.F.R. § 679.160 Under what circumstances may the State Workforce Development Board hire staff?

(a) The State WDB may hire a director and other staff to assist in carrying out the functions described in WIOA sec. 101(d) and § 679.130 using funds described in WIOA sec. 129(b)(3) or sec. 134(a)(3)(B)(i). (b) The State WDB must establish and apply a set of objective qualifications for the position of director that ensures the individual selected has the requisite knowledge, skills, and abilities to meet identified benchmarks and to assist in effectively carrying out the functions of the State WDB. (c) The director and staff must be subject to the limitations on the payment of salary and bonuses described in WIOA sec. 194(15).

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