back to top

14000.  (a) The Legislature finds and declares that, in order for
California to remain prosperous and globally competitive, it needs to
have a highly skilled workforce.
   (b) The Legislature recognizes all of the following:
   (1) California must transform its current job training, job
placement, and vocational education programs into an integrated,
accessible, and accountable workforce investment system that can
effectively serve job seekers, students, and employers.
   (2) California's workforce investment system must provide lifelong
learning for all Californians, promote self-sufficiency, link
education and training to economic development, and prepare
California to successfully compete in the global economy.
   (3) The programs described in paragraphs (1) and (2) must be
accessible to all Californians, including persons with economic,
physical, or other barriers to employment.



14002.  (a) The Legislature finds and declares that screening
designed to detect unidentified disabilities, including learning
disabilities, improves workforce preparation and enhances the use of
employment and training resources.
   (b) Section 134(d)(2) of the federal Workforce Investment Act (29
U.S.C.  Sec. 2864(d)(2)) allows for the use of funds for initial
assessment of skill levels, aptitudes, abilities and support
services, and Section 134(d)(3) of that act (29 U.S.C. Sec. 2864(d)
(3)) allows for comprehensive and specialized assessments of skill
levels and service needs, including, but not limited to, diagnostic
testing and the use of other assessment tools and in-depth
interviewing and evaluation to identify employment barriers and
appropriate employment goals.
   (c) The Legislature encourages one-stop career centers to maximize
the use of Workforce Investment Act resources and other federal and
state workforce development resources for screening designed to
detect unidentified disabilities, and if indicated, appropriate
diagnostic assessment.



14003.  (a) Grants or contracts awarded under the federal Workforce
Investment Act, codified in Chapter 30 (commencing with Section 2801)
of Title 29 of the United States Code, or any other state or
federally funded workforce development program, may not be awarded to
organizations that are owned or operated as pervasively sectarian
organizations.
   (b) Grants or contracts awarded under the federal Workforce
Investment Act, codified in Chapter 30 (commencing with Section 2801)
of Title 29 of the United States Code, or any other state or
federally funded workforce development program, shall comply with
Section 4 of Article I and Section 5 of Article XVI of the California
Constitution, state and federal civil rights laws, and the First
Amendment to the United States Constitution in regard to pervasively
sectarian organizations.  These legal constraints include
prohibitions on the discrimination against beneficiaries and staff
based on protected categories and on the promoting of religious
doctrine to advance sectarian beliefs.



14004.  To be eligible for state or federal workforce development
funds awarded by the state under the California Community and Faith
Based Initiative, an organization must be a separate nonprofit entity
or affiliate that is a tax-exempt organization under Section 501(c)
(3) of the Internal Revenue Code.

back to top

14005.  For purposes of this division:
   (a) "Board" shall mean the California Workforce Investment Board.

   (b) "Agency" means the Labor and Workforce Development Agency.
   (c) "Workforce Investment Act of 1998" means the federal act
enacted as Public Law 105-220.



14006.  The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.




14007.  Each provision of this division shall remain in effect
unless the United States Secretary of Labor determines that any
provision of this division or its application is not in conformity
with the requirements of federal law, at which time only those
provisions of this division that are not in conformity with federal
law shall be repealed.

back to top

14010.  The California Workforce Investment Board is the body
responsible for assisting the Governor in the development, oversight,
and continuous improvement of California's workforce investment
system.


14011.  The board shall report, through its executive director, to
the Secretary of the Labor and Workforce Development Agency.



14012.  The board shall be appointed by the Governor to assist in
the development of the State Workforce Investment Plan and to carry
out other functions, as described in Section 14103. The board shall
be comprised of the Governor and representatives from the following
categories:
   (a) Two members of each house of the Legislature, appointed by the
appropriate presiding officer of each house.
   (b) (1) A majority of board members shall be representatives of
business who:
   (A) Are owners of small and large businesses, chief executives or
operating officers of small and large businesses, and other small and
large business executives or employers with optimum policymaking or
hiring authority, including members of local workforce investment
boards.
   (B) Represent businesses with employment opportunities that
reflect the employment opportunities of the state.
   (C) Are appointed from a group of individuals nominated by state
business organizations and business trade associations.
   (2) At least one representative shall be a private sector member
of the California Economic Strategy Panel, created pursuant to
Section 15570 of the Government Code.
   (c) Chief elected officials representing both cities and counties,
where appropriate.
   (d) Representatives of labor organizations that are appointed to
the board by the Governor shall have been nominated by state labor
federations. At least 15 percent of board members shall be
representatives of labor organizations.
   (e) Representatives of individuals and organizations that have
experience with regard to youth activities.
   (f) Representatives of individuals and organizations that have
experience and expertise in the delivery of workforce investment
activities, including the Chancellor of the California Community
Colleges, representatives of school districts, and representatives of
community-based organizations within the state.
   (g) The lead state agency officials with responsibility for the
programs, services, or activities that are mandatory participants in
the one-stop system, or, where there are no lead state agency
officials responsible for those programs, services, or activities, a
representative with expertise relating to those programs, services,
or activities.
   (h) Any other representatives and state agency officials as the
Governor may designate, such as the state agency officials
responsible for economic development and juvenile justice programs in
the state.
   (i) Members of the board that represent organizations, agencies,
or other entities shall be individuals with optimum policymaking
authority within those organizations, agencies, or entities.
   (j) In making appointments to the board, the Governor shall
consider the ethnic, race, gender, and geographic distribution of the
state's population, and members of the board shall represent diverse
regions of the state, including urban, rural, and suburban areas.
   (k) The Governor may appoint a single member to the board to
represent multiple constituencies on the board.
   (l) The Governor shall select a chairperson for the board from the
business representatives.



14013.  The board shall assist the Governor in the following:
   (a) Promoting the development of a well-educated and highly
skilled workforce.
   (b) Developing the State Workforce Investment Plan.
   (c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:
   (1) Developing policies to guide the one-stop system.
   (2) Providing technical assistance for the continuous improvement
of the one-stop system.
   (3) Recommending state investments in the one-stop system.
   (d) Developing and continuously improving the statewide workforce
investment system as delivered via the one-stop delivery system,
including:
   (1) Developing linkages in order to assure coordination and
nonduplication among workforce programs and activities.
   (2) Reviewing local workforce investment plans.
   (e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 (P.L. 101-392; 20 U.S.C. Sec. 2301
and following).
   (f) Designating local workforce investment areas within the state
based on information derived from all of the following:
   (1) Consultations with the board.
   (2) Consultations with the chief local elected officials.
   (3) Consideration of comments received through the public comment
process, as described in Section 112(b)(9) of the Workforce
Investment Act of 1998.
   (g) Developing and modifying allocation formulas, as necessary,
for the distribution of funds for adult employment and training
activities, for youth activities to local workforce investment areas,
and dislocated worker employment and training activities, as
permitted by federal law.
   (h) Coordinating the development and continuous improvement of
comprehensive state performance measures, including state adjusted
levels of performance, to assess the effectiveness of the workforce
investment activities in the state.
   (i) Preparing the annual report to the United States Secretary of
Labor.
   (j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic data,
as described in Section 15 of Title 29 of the United States Code, and
using, to the fullest extent possible, the Employment Development
Department's existing labor market information systems.
   (k) Recommending strategies to the Governor for strategic training
investments of the Governor's 15-percent discretionary funds.
   (l) Developing and recommending waivers, in conjunction with local
workforce investment boards, to the Governor as provided for in the
Workforce Investment Act of 1998.
   (m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the Workforce
Investment Act of 1998.
   (n) Developing an application to the United States Department of
Labor for an incentive grant under Section 9273 of Title 20 of the
United States Code.


14015.  Members of the board may receive up to one hundred dollars
($100) for each day's actual attendance at meetings and other
official business of the board, not to exceed three hundred dollars
($300) per month, and shall receive their necessary and actual
expenses incurred in the performance of their official duties.

back to top

14020.  The California Workforce Investment Board, in collaboration
with state and local partners, including the Chancellor of the
California Community Colleges, the State Department of Education,
other appropriate state agencies, and local workforce investment
boards, shall develop a strategic workforce plan to serve as a
framework for the development of public policy, fiscal investment,
and operation of all state labor exchange, workforce education, and
training programs. The strategic workforce plan shall also serve as
the framework for the single state plan required by the Workforce
Investment Act of 1998. The plan shall be updated at least every five
years.

back to top

14200.  (a) The local chief elected officials in a local workforce
development area shall form, pursuant to guidelines established by
the Governor and the board, a local workforce investment board to
plan and oversee the workforce investment system.
   (b) The Governor shall certify one local board for each local area
in the state once every two years, following the requirements of the
Workforce Investment Act of 1998.



14201.  Local workforce investment boards shall be established in
each local workforce investment area of the state to assist the local
chief elected official in planning, oversight, and evaluation of
local workforce investment.  The local board shall promote effective
outcomes consistent with statewide goals, objectives, and negotiated
local performance standards.



14202.  Membership of the local board shall be appointed by the
local chief elected official using criteria established by the
Governor and the board, and shall include:
   (a) Representatives of business in the local area appointed from
among individuals nominated by local business organizations and
business trade associations and that reflect employment opportunities
of the local area. Business representatives shall be owners of
businesses, chief executives, or operating officers of businesses or
other business executives, including human resources executives, or
employers with optimum policymaking or hiring authority.
   (b) Representatives of local educational entities, including
representatives of local educational agencies, local school boards,
entities providing adult education and literacy activities, public
and private postsecondary educational institutions, including
representatives of community colleges, selected from among
individuals nominated by regional or local educational agencies,
institutions, or organizations representing local educational
entities.
   (c)  Representatives of labor organizations nominated by local
labor federations, including a representative of an apprenticeship
program. At least 15 percent of local board members shall be
representatives of labor organizations unless the local labor
federation fails to nominate enough members. If this occurs, then at
least 10 percent of the local board members shall be representatives
of labor organizations.
   (d) Representatives of local community-based organizations,
including organizations representing individuals with disabilities
and veterans, and organizations that serve populations with barriers
to employment, such as the economically disadvantaged, youth,
farmworkers, homeless, and immigrants.
   (e) Representatives of economic development agencies, including
private sector economic development entities.
   (f) Representatives of each of the one-stop partners.
   (g) Members of the local board that represent organizations,
agencies, or other entities shall be individuals with optimum
policymaking authority within those organizations, agencies, or
entities.



14203.  Membership of local boards may include other individuals or
representatives of entities as the local elected official in the
local area may determine to be appropriate. A single member of the
local board may be appointed to represent multiple constituencies on
the local board.



14204.  A majority of the members of the local board shall be
representatives of businesses in the local area.



14205.  The local board shall elect a chairperson for the local
board from among the business representatives.



14206.  It shall be the duty of the local board to do all of the
following:
   (a) Coordinate workforce investment activities in the local area
with economic development strategies.
   (b) Promote participation of private sector employers in the local
workforce investment system.
   (c) Develop and submit a local workforce investment plan to the
Governor.
   (d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of such operators.
   (e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998, based upon the recommendations
of the youth council.
   (f) Identify, consistent with the Workforce Investment Act of
1998, eligible providers of training services.
   (g) Identify eligible providers of intensive services and, when
the one-stop operator does not provide intensive services to the
local area, award contracts to those providers.
   (h) Develop local policy on the amount and duration of individual
training accounts based upon the market rate for local training
programs.
   (i) Conduct program oversight over workforce investment activities
in the local area.
   (j) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.
   (k) Assist in the development of a statewide employment statistics
system, which shall be developed in conjunction with and shall
utilize to the fullest extent possible, the Employment Development
Department's labor market information system.



14207.  The local board, in order to carry out its functions:
   (a) Shall prepare a budget for the purpose of carrying out the
duties of the local board as specified under this section, subject to
the approval of the local chief elected official.
   (b) Shall direct the activities of the local board's executive
director.
   (c) May employ additional staff to carry out the activities as
described in the local board's strategic plan.
   (d) May solicit and accept contributions and grant funds from
other sources.
   (e) Shall not provide training services unless the Governor grants
a written waiver of this provision.
   (f) Shall not provide other workforce investment services or be
designated as a one-stop operator without the agreement of the local
chief elected official and the Governor.



14208.  A youth council shall be established as a subgroup within
each local board, appointed by the local board in cooperation with
the local chief elected official. Youth council membership shall
conform with the requirements of the Workforce Investment Act of
1998.



14209.  It is the intent of the Legislature that when appointing
members to the youth council, the local workforce investment board
and the local chief elected official appoint:
   (a) Representatives of youth who are enrolled in school, and out
of school youth.
   (b) Representatives from the private sector.
   (c) Representatives of local educational agencies serving youth.
   (d) Representatives of private nonprofit agencies serving youth.
   (e) Representatives of apprenticeship training programs serving
youth.


14210.  The youth council shall do all of the following:
   (a) Develop the portions of the local plan relating to youth.
   (b) Make recommendations of eligible providers of youth activities
for the award of grants or contracts on a competitive basis by the
local board to carry out youth activities.
   (c) Leverage other youth program funds in the local area for the
purpose of improving the effectiveness of local youth programs
through collaborative planning, funding, and service delivery.
   (d) Conduct oversight of eligible youth activities in the local
area.
   (e) Make recommendations to the local board for connecting youth
program activities, including those provided by local educational
entities to the one-stop delivery system.
   (f) Make recommendations to the local board for including training
in nontraditional occupations for women and girls and
preapprenticeship training in youth program activities.

back to top

14220.  Each local board shall develop and submit to the Governor a
comprehensive five-year local plan in partnership with the
appropriate chief local elected official. The plan shall be
consistent with the state workforce investment plan.




14221.  The local plan shall include all of the following:
   (a) A local labor market assessment which contains an
identification of local and regional workforce investment needs of
businesses, jobseekers, and workers in the local area, the current
and projected employment opportunities and the job skills necessary
to obtain that employment.
   (b) A description of the local one-stop delivery system, including
all of the following:
   (1) A description of how the local board will achieve system
integration that will improve services to local employers and
jobseekers, and a description of local funding sources.
   (2) A copy of each memorandum of understanding between the local
board and each of the one-stop partners concerning the operation of
the one-stop delivery system in the local area.
   (c) A description of the local levels of performance negotiated
with the Governor and chief local elected official to be used to
measure the performance of the local area and the performance of the
local fiscal agent, eligible providers, and the one-stop delivery
system in the local area. Performance standards shall not create
disincentives for serving clients for whom it is more difficult to
provide service.
   (d) A description and assessment of the type and availability of
adult and dislocated worker employment and training activities in the
local area.
   (e) A description of how the local board will provide services to
the business community.
   (f) A description of how the local board will coordinate workforce
investment activities carried out in the local area with statewide
rapid response activities, as appropriate.
   (g) A description and assessment of the type and availability of
youth activities in the local area, including an identification of
successful providers of those activities.
   (h) A description of the process used by the local board,
consistent with Section 14223, to provide an opportunity for public
comment, including comment by representatives of businesses, labor
organizations, and community-based organizations, and input into the
development of the local plan, prior to submission of the plan.
   (i) An identification of the entity, as prescribed in the
Workforce Investment Act of 1998, responsible for the disbursal of
funds under the Workforce Investment Act of 1998.
   (j) A description of the competitive process to be used to award
the grants and contracts in the local area for activities carried out
under the Workforce Investment Act of 1998.



14222.  The local board may submit a local unified plan that
includes or integrates the local workforce investment and other local
workforce plans such as:
   (a) An instructional and job training plan required by Section
10200 of the Education Code.
   (b) A plan for community college curriculum development or
redesign required pursuant to Section 79202 of the Education Code.
   (c) A county plan for CalWORKs required by Section 10531 of the
Welfare and Institutions Code.
   (d) A local welfare-to-work plan required by Section 5063, to the
extent permitted under federal law.



14223.  The local board shall make available copies of a proposed
local plan, allow members of the local board and members of the
public to submit comments on the proposed local plan to the local
board not later than the end of the 30-day period beginning on the
date on which the proposed local plan is made available and submit
the plan to the Governor along with any comments that were in
disagreement with the plan.

back to top

14230.  (a) It is the intent of the Legislature that:
   (1) California deliver comprehensive workforce services to
jobseekers, students, and employers through a system of one-stop
career centers.
   (2) Universal access to core services shall be available to adult
residents regardless of income, education, employment barriers, or
other eligibility requirements. Core services shall include, but not
be limited to:
   (A) Outreach, intake, and orientation to services available
through the one-stop delivery system.
   (B) Initial assessment of skill levels, aptitudes, abilities, and
supportive service needs.
   (C) Job search and placement assistance.
   (D) Career counseling, where appropriate.
   (E) Provision of labor market information.
   (F) Provision of program performance and cost information on
eligible providers of training services and local area performance
measures.
   (G) Provision of information on supportive services in the local
area.
   (H) Provision of information on the filing of claims for
unemployment compensation benefits and unemployment compensation
disability benefits.
   (I) Assistance in establishing eligibility for welfare-to-work
activities pursuant to Section 11325.8 of the Welfare and
Institutions Code, and financial aid assistance.
   (3) State and federally funded workforce education, training, and
employment programs shall be integrated in the one-stop delivery
system to achieve universal access to the core services described in
paragraph (2).
   (4) Intensive services shall be available to individuals who have
completed at least one core service, have been unable to obtain
employment, and who have been determined, by the one-stop operator,
as being in need of more intensive services, or who are employed but
in need of intensive services to obtain or retain employment to
achieve self-sufficiency. Intensive services may include
comprehensive and specialized assessments of skill levels and service
needs, including learning disability screening, the development of
individual employment plans, counseling, career planning, and
short-term prevocational services to prepare an individual for
training and employment.
   (5) Training services shall be made available to individuals who
have met the requirements for intensive services, have been unable to
obtain or retain employment through these services, and who, after
an interview, evaluation, or assessment, are determined to be in need
of training, and have selected a program of services directly linked
to occupations in demand in the local or regional area. Training
services may include:
   (A) Occupational skill training including training for
nontraditional employment.
   (B) On-the-job training.
   (C) Programs that combine workplace training with related
instruction.
   (D) Training programs operated by the private sector.
   (E) Skill upgrading and retraining.
   (F) Entrepreneurial training.
   (G) Job readiness training.
   (H) Adult education and literacy activities, including vocational
English as a second language, provided in combination with
subparagraphs (A) through (G), inclusive.
   (I) Business services, including, but not limited to, recruitment
and staffing services, training and development, information and
resources, outplacement services, and business retention.
   (6) As prescribed in the Workforce Investment Act of 1998, when
funds are limited, priority for intensive services and training
services shall be given to adult recipients of public assistance and
other low-income adults, such as CalWORKs participants.
   (b) Each local workforce investment board shall establish at least
one full service one-stop career center in the local workforce
investment area. Each full service one-stop career center shall have
all entities specified in Section 14231 as partners and shall provide
jobseekers with integrated employment, education, training, and job
search services. Additionally, employers will be provided with access
to comprehensive career and labor market information, job placement,
economic development information, performance and program
information on service providers, and other such services as the
businesses in the community may require.
   (c) Local boards may also establish affiliated and specialized
centers, as defined in the Workforce Investment Act of 1998, which
shall act as portals into the larger local one-stop system, but are
not required to have all of the partners specified for full service
one-stop centers.
   (d) Each local board shall develop a policy for identifying
individuals who, because of their skills or experience, should be
referred immediately to training services. This policy, along with
the methods for referral of individuals between the one-stop
operators and the one-stop partners for appropriate services and
activities, shall be contained in the memorandum of understanding
between the local board and the one-stop partners.
   (e) In light of California's diverse population, each one-stop
career center should have the capacity to provide the appropriate
services to the full range of languages and cultures represented in
the community served by the one-stop career center.



14231.  (a) The local providers of the following programs or
activities shall be required partners in the local one-stop system:
   (1) Programs authorized under Title I of the Workforce Investment
Act of 1998.
   (2) Programs authorized under the Wagner-Peyser Act (29 U.S.C.
Sec. 49 et seq.).
   (3) Adult education and literacy activities authorized under Title
II of the Workforce Investment Act of 1998.
   (4) Programs authorized under Title I of the Rehabilitation Act of
1973 (29 U.S.C. Sec. 720 et seq.).
   (5) Programs authorized under Section 403(a)(5) of the Social
Security Act (42 U.S.C. Sec. 603(a)(5) as added by Section 5001 of
the Balanced Budget Act of 1997).
   (6) Activities authorized under Title V of the Older Americans Act
of 1965 (42 U.S.C. Sec. 3056 et seq.).
   (7) Postsecondary vocational education activities authorized under
the Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. Sec. 2301 et seq.), including community colleges and
regional occupational centers and programs.
   (8) Activities authorized under Chapter 2 of Title II of the Trade
Act of 1974 (19 U.S.C. Sec. 2271 et seq.).
   (9) Activities authorized under Chapter 41 (commencing with
Section 4100) of Title 38 of the United States Code.
   (10) Employment and training activities carried out under the
Community Services Block Grant Act (42 U.S.C. Sec.  9901 et seq.).
   (11) Employment and training activities carried out by the
Department of Housing and Urban Development.
   (12) Programs authorized by this code, in accordance with
applicable federal law.
   (13) Small business development centers, as defined in Section
15382 of the Government Code, where they exist.
   (b) Community-based organizations that provide intensive services
as described in paragraph (4) of subdivision (a) of Section 14230,
shall be encouraged to be one-stop partners.



14232.  The local board, with the agreement of the chief local
elected official for the local area, shall develop and enter into a
memorandum of understanding with the local one-stop partners,
designate or certify one-stop operators, and conduct oversight over
the local one-stop delivery system.



14233.  One-stop career center operators shall recognize and comply
with applicable labor agreements affecting employees of one-stop
career centers, including the right to access by labor
representatives pursuant to the Ralph C.  Dills Act (Chapter 10.3
(commencing with Section 3512) of Division 4 of Title 1 of the
Government Code).



14234.  In order to avoid a conflict of interest, operators of
one-stop career centers that issue vouchers shall not be the
recipient of vouchers issued by their center without the approval of
the chief local elected official and the state board in instances
when there are no other potential one-stop partners in the local
area.



14235.  To the full extent permitted by federal law, the Employment
Development Department shall utilize its Wagner-Peyser funded
activities and programs to support local one-stop career centers.

back to top

14500.  Notwithstanding any other provision of law, when a person
using his or her Workforce Investment Act individual training account
enrolls in an adult education program, a noncredit curricula program
at a community college, or a regional occupational center or
program, for which state funds are allocated, all of the following
shall apply:
   (a) The entities administering the program may use Workforce
Investment Act individual training account funds only to increase the
number of hours of services provided above their adult block
entitlement pursuant to Section 52616 of the Education Code and
funding limit for regional occupational center programs for the
purpose of enhancing services already supported with state funds. Any
state funds provided to these entities above their adult block
entitlements and funding limit for regional occupational center
programs shall be subject to an appropriation in the annual Budget
Act.
   (b) Any state funds allocated to the entity administering the
program shall not be offset with the Workforce Investment Act
individual training account funds.
   (c) The entity administering the program shall use the Workforce
Investment Act individual training account funds received for the
program.


14510.  To the extent permitted by federal law, school districts and
county offices of education are eligible to apply to local youth
councils to provide basic skills training and skills necessary for
attaining a secondary school diploma.


14530.  To the extent permissible under federal law, the Governor
may set aside a portion of the youth funding specifically for
programs to improve the academic skills of low-achieving youth,
including those at risk of not passing the high school exit
examination required by Section 60850 of the Education Code, and for
dropout prevention activities.