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AB-1115 Workforce development: training services.(2011-2012)

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AB1115:v97#DOCUMENT

Amended  IN  Senate  July 05, 2011
Amended  IN  Senate  June 22, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1115


Introduced  by  Assembly Member Lara

February 18, 2011


An act to add Section 14236 to the Unemployment Insurance Code, relating to workforce development.


LEGISLATIVE COUNSEL'S DIGEST


AB 1115, as amended, Lara. Workforce development: training services.
The federal Workforce Investment Act of 1998 provides for workforce investment activities, including activities in which states may participate. Existing law, the California Workforce Investment Act, establishes the California Workforce Investment Board, which is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system, and prescribes the functions and duties of the board with regard to the implementation and administration of workforce training and development programs.
This bill would authorize individuals who are eligible to receive training services under federal law to have the opportunity to select any of the eligible training providers from any of the local areas in the state. The bill would require the California Workforce Investment Board to establish a procedure for use by local workforce investment boards in determining the eligibility of a provider of training services, as prescribed, in accordance with various requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to establish a statewide training provider list with reasonable standards to ensure public training dollars are well invested and consumers are protected. These standards include cost reasonableness, in addition to effective outcomes, including, but not limited to, job placement, wage gain, and employment retention. The state shall build on the federally required eligible training provider list (29 U.S.C. Sec. 2842), as required by the federal Workforce Investment Act of 1998 and shall establish additional standards, increased accountability, and enhanced public access to program outcome data.

SEC. 2.

 Section 14236 is added to the Unemployment Insurance Code, to read:

14236.
 (a) Pursuant to the federal Workforce Investment Act of 1998 (Public Law 105-220), training providers, which that are deemed eligible to receive funds for training services, as described in paragraph (4) of subsection (d) of Section 2864 of Title 29 of the United States Code and paragraph (6) of subdivision (a) of Section 14230 of this code, in the local area served by the local workforce investment board, are required to be on the local eligible training provider list.
(b) Pursuant to the federal Workforce Investment Act, the designated state agency is required to compile a single list of the eligible training providers from all local areas in the state and disseminate that list, and the performance information and program cost information, to the one-stop delivery systems within the state.
(1) The list and applicable data shall be made widely available to participants in employment and training activities authorized by Section 2864 of Title 29 of the United States Code.
(2) Individuals eligible to receive training services, under paragraph (4) of subsection (d) of Section 2864 of Title 29 of the United States Code, shall have the opportunity to select any of the eligible providers, from any of the local areas in the state, that are included on the state eligible training provider list.
(3) Apprenticeship programs registered with the Division of Apprenticeship Standards and approved by the California Apprenticeship Council, which approved and registered by the Chief of the Division of Apprenticeship Standards that have graduated apprentices in each of the five years shall be placed automatically on the list of eligible training providers, as described in this section, unless those programs decide to opt out of being on those lists.
(4) California community college career and technical education programs shall be placed automatically on the state list of eligible training providers, as described in this section, unless those programs decide to opt out of being on those lists.
(5) One-stop partners, as described in Section 14231, shall be placed automatically on the state list of eligible training providers as described in this section, unless those one-stop partners decide to opt out of being on those lists.
(c) The California Workforce Investment Board, on behalf of the Governor, shall establish a procedure for use by local workforce investment boards in determining the eligibility of a provider of training services, as described in paragraph (4) of subsection (d) of Section 2864 of Title 29 of the United States Code and paragraph (6) of subdivision (a) of Section 14230 of this code, in a local area and to receive funds as described in subsection (b) of Section 2863 of Title 29 of the United States Code.
(1) In developing this procedure, the California Workforce Investment Board shall solicit and take into consideration the recommendations of local workforce investment boards and providers of training services within the state.
(2) The California Workforce Investment Board shall provide an opportunity during the development of the procedure for interested members of the public, including representatives of business and labor organizations, to submit comments on the procedure.
(3) In developing the procedure, the California Workforce Investment Board shall ensure that the procedure requires the local boards to take into consideration, in making determinations of training provider eligibility, all of the following:
(A) The specific economic, geographic, and demographic factors in the local areas in which providers seeking eligibility are located.
(B) The characteristics of the populations served by providers seeking eligibility, including the demonstrated difficulties in serving the populations, if applicable.
(4) In establishing the procedure, the California Workforce Investment Board shall require that, to be eligible to receive funds as described in subsection (b) of Section 2863 of Title 29 of the United States Code, a training provider do all of the following:
(A) Annually submit the performance information and cost information for the program and any additional information required to be submitted in accordance with subdivision (d) to the appropriate local board, at the time and in the manner prescribed by that board.
(B) Annually meet the performance levels described in paragraph (2) of subdivision (d) for the program, as demonstrated utilizing quarterly records described in subsection (f) of Section 2871 of Title 29 of the United States Code, consistent with the requirements of that section.
(d) At a minimum, the procedure described in subdivision (c) shall require the training provider to meet minimum acceptable levels of performance based on the performance information referred to in subparagraph (A) of paragraph (4) of subdivision (c).
(1) A local workforce investment board may require higher levels of performance than the levels referred to in paragraph (4) of subdivision (c).
(2) To be eligible to receive funds as described in subdivision (c), a provider of training services shall submit all of the following:
(A) Verifiable program-specific performance information consisting of all of the following:
(i) Program information, including the following:
(I) The program completion rates for all individuals participating in the applicable program conducted by the provider.
(II) The percentage of all individuals participating in the applicable program who obtain unsubsidized employment.
(III) The wages at placement in employment of all individuals participating in the applicable program.
(ii) Training services information for all participants who received assistance under Section 2864 of Title 29 of the United States Code to participate in the applicable program, including all of the following:
(I) The percentage of participants who have completed the applicable program and who are placed in unsubsidized employment.
(II) The retention rates in unsubsidized employment of participants who have completed the applicable program, six months after the first day of the employment.
(III) The wages received by participants who have completed the applicable program, six months after the first day of the employment involved.
(IV) If appropriate, the rates of licensure or certification, attainment of academic degrees or equivalents, or attainment of other measures of skills, of the graduates of the applicable program.
(B) Information on program costs, such as tuition and fees, for participants in the applicable program.
(3) The California Workforce Investment Board may require that a provider submit other verifiable program-specific performance information that it determines to be appropriate to obtain eligibility, which may include information relating to any of the following:
(A) Retention rates in employment and the subsequent wages of all individuals who complete the applicable program.
(B) If appropriate, the rates of licensure or certification of all individuals who complete the program.
(C) The percentage of individuals who complete the program and attain industry-recognized occupational skills in the subject, occupation, or industry for which training is provided through the program, if applicable.