2005 California Unemployment Insurance Code Sections 15035-15039.7 CHAPTER 4.5. STATE JOB TRAINING COORDINATING COUNCIL

15035.  To promote integration of work force preparation programs at
the state level, to further cooperation between government and the
private sector in meeting California employers' needs for
well-trained workers and California workers' needs for good jobs, to
provide oversight of programs operated pursuant to the division, and
to meet federal requirements of Section 122 of Part B of Title I of
the Job Training Partnership Act of 1982, the State Job Training
Coordinating Council is established.
15036.  The state council shall consist of 30 members, appointed by
the Governor from nominations as provided in this section, and as
required by federal law, and be representative of the population of
the state with regard to sex, race, ethnic background, and
geographical distribution.  The Governor shall appoint one
nongovernmental member to be the chairperson of the council, who
shall serve in this capacity at the pleasure of the Governor.  The
appointment of the chairperson and the appointments of members
designated under subdivisions (d) and (e) shall be subject to
confirmation by the Senate.
   (a) Nine members shall be representatives of large and small
business, industry, and agriculture.  Eight of these members shall be
owners of business concerns, chief executives, or chief operating
officers of business concerns or other private sector executives who
have or have had substantial management or policy responsibilities
for an autonomous part of a business.  Of these, at least four shall
be current or past members of a private industry council.  One shall
be a representative from a general purpose organization representing
business interests.  One of the members shall also have a record of
employing a significant number of disabled persons.
   (b) Seven members shall be representatives of state government.
These representatives shall be a Member of the Senate nominated by
the Senate Committee on Rules, a Member of the Assembly nominated by
the Speaker of the Assembly, the Lieutenant Governor, the
Superintendent of Public Instruction, the Secretary of Health and
Welfare, the Secretary of Business, Transportation and Housing, and
the Chancellor of the California Community Colleges, or their
designees.
   (c) Two members shall be representatives of local government.  One
shall be a member of a county board of supervisors, and shall be
nominated by the County Supervisors' Association of California.  One
shall be a member of a city council, and shall be nominated by the
League of California Cities.
   (d) Nine members shall be representatives of organized labor and
community-based organizations.  Of these, at least four shall
represent organized labor.
   (e) Three members shall be from the general public.
   (f) The members appointed pursuant to subdivisions (d) and (e)
shall include those who have substantial experience in local
vocational organizations serving youth, providing services or
advocacy for the population eligible for services, private
proprietary schools, veterans' organizations, and organizations
serving older Californians.
   In the event that the Governor finds an insufficient number of
acceptable nominees in a given category, he or she shall return the
nomination lists to the respective nominating bodies within 10 days
of receipt.  The bodies shall then have 10 days to submit new lists
of nominees.  If nominations are not received within 10 days, members
shall be appointed at the discretion of the Governor.
15037.  The California Workforce Investment Board shall:
   (a) Review and comment on the state workforce development plan
developed pursuant to Section 11011.
   (b) Develop and recommend to the Governor a coordination and
special services plan, which includes a dislocated workers assistance
plan, in accordance with Chapter 4.5 (commencing with Section 10510)
of Part 1 of Division 3.
   (c) Recommend to the Governor local service delivery areas. To the
extent permitted by federal law, designation of service delivery
areas shall reflect the intent of the Legislature to integrate and
coordinate employment and training services, public assistance
programs, and other educational and training efforts as may exist
which are designed to assist individuals in preparing for
participation in the labor force.
   (d) To the extent permitted by federal law, establish policies
which shall be followed by the department in performing all of the
following functions:
   (1) Approval of local service delivery area plans.
   (2) Establishment of standards, criteria, and reporting
requirements established by the department pursuant to this division
with respect to local service delivery area plans.
   (3) Allocation of funds for local service delivery area plans,
including funds for plans submitted under Chapter 7.5 (commencing
with Section 15075).
   (e) Plan, review and approve the allocation, recapture, and
reallocation of federal funds received by the state pursuant to the
federal Job Training Partnership Act. Funds received by the state in
accordance with Sections 202(c)(1)(C) and 262(c)(1)(C) of that act
shall be allocated to the Superintendent of Public Instruction as
necessary to meet the need determined by the superintendent pursuant
to Section 33117.5 of the Education Code. The board shall be deemed
to have approved the disbursement of funds when the Governor approves
a decision of the board specifying a budget for an authorized
program or activity and designating the department or agency
responsible for the expenditure of the budgeted funds. An agreement
shall be entered into between the Employment Development Department
and the State Department of Education and shall provide that Job
Training Partnership Act funds provided for the purposes of Section
33117.5 of the Education Code shall be utilized for payment to local
educational agencies.
   (f) Review and approve the annual labor market and occupational
supply and demand information plan described by Section 10530.
   (g) Consider and advise the director on all matters connected with
the administration of this code as submitted to it by the director,
and may upon its own initiative recommend changes in administration
as it deems necessary.
   (h) Review and comment to the Governor and the Legislature on the
annual report prepared in accordance with Section 15064.
   (i) Serve as the body responsible for making recommendations to
the Governor when the director proposes to withdraw funding pursuant
to Section 15028.
15037.1.  (a) The state council shall be responsible for developing
an education and job training report card program to assess the
accomplishments of California's workforce preparation system.
   (1) A subcommittee of the state council shall be established for
this purpose.
   (2) The subcommittee shall be comprised of three private sector
members of the state council, the director of the department, the
Superintendent of Public Instruction, the Chancellor of the
California Community Colleges, or their designees, and
representatives of programs that are to be measured under the report
card program.
   (3) The subcommittee shall be responsible for designing and
implementing, or contracting with an operating entity for the
implementation of, a system that can compile, maintain, and
disseminate information on the performance of providers, programs,
and the overall workforce preparation system.
   (b) By January 1, 2001, the subcommittee or an operating entity
under contract to the subcommittee shall operate a comprehensive
performance-based accountability system that matches the social
security numbers of former participants in state education and
training programs with information in files of state and federal
agencies that maintain employment and educational records and
identifies the occupations of those former participants whose social
security numbers are found in employment records.
   (c) This system shall measure the performance of state and
federally funded education and training programs for the purpose of
system, program, and instructional improvement.  Programs to be
measured shall include programs in receipt of funds from the Job
Training Partnership Act, the Carl D. Perkins Vocational Education
Act, the Job Opportunities and Basic Skills program, the Food Stamp
Employment and Training program, the Wagner Peyser Act, the
Employment Training Panel, adult education programs as defined by
paragraph (9) of subdivision (b) of Section 10521, basic vocational
rehabilitation services as defined by Part B of Title 1 of the
federal Vocational Rehabilitation Act of 1973, as amended (29 U.S.C.
Sec. 701 et seq.), vocational education programs, and certificated
community college programs.
   (d) Job training and education providers receiving funding
identified in subdivision (c) shall, to the extent permitted by
federal law, request social security numbers from each participant 18
years of age and over and not currently enrolled in high school and
participating in a workforce preparation program and shall report to
the subcommittee or an operating entity under contract to the
subcommittee, as the case may be, on participant social security
numbers and economic and demographic characteristics, including, but
not limited to, age, gender, race or ethnicity, and education
achievement. The state council shall establish the acceptable format
and timeframes for data submission.
   (e) The system shall be designed to measure factors such as:
   (1) Amount and source of funding.
   (2) Program entrance and successful completion rates.
   (3) Employment and wage information for one and three years after
completion of training.
   (4) The relationship of training to employment.
   (5) Academic achievement for one and three years after completion
of training.
   (6) Achievement of industry skill standard certifications, where
they exist.
   (7) Return on public investment.
   (f) Based upon the information compiled pursuant to this section,
the subcommittee or an operating entity under contract to the
subcommittee, as the case may be, shall, by December 31, 1997, and
each December 31 thereafter, do all of the following:
   (1) Prepare and disseminate report cards for all training and
education providers in receipt of funds included in the tracking
system.
   (2) Prepare and disseminate local and statewide report cards that
measure the outcomes of the individual programs that operate as part
of the workforce development system.
   (3) Prepare and disseminate a state report card that measures the
performance of the entire system of workforce preparation and the
effectiveness of the system in meeting employers' needs for educated
and trained workers and the clients' needs for improving their
economic well-being.
   (g) The state council shall develop objective performance
standards emphasizing the principles of continuous improvement for
the programs covered under this section, and a system of sanctions
and incentives to encourage performance that meet these standards.
   (h) The state council shall explore the feasibility of including
the following persons in this system:
   (1) Attendees at private postsecondary institutions.
   (2) Recipients of federal student loans.
   (3) Recipients of Pell grants.
   (4) Pupils in grades 11 and 12.
   (5) Students enrolled in any community college, California State
University, or University of California program.
   (i) The sole purpose of this section is to assess the performance
of state and federal employment and training providers and programs
in preparing Californians for the workforce.  Collection and use of
social security numbers pursuant to this section shall be consistent
with the requirements of Section 7 of the federal Privacy Act of 1974
(P.L. 93-579) and Section 405(c)(2)(C) of Title 42 of the United
States Code.  Notwithstanding Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, or any other
provision of law, the social security number of any person obtained
pursuant to this section is not a public record, and shall not be
disclosed except for the purpose of this section.  Information
obtained pursuant to this section shall not be sold or distributed to
any entity without prior consent from the individual, or his or her
parent or guardian, with respect to whom the information is gathered.
  This subdivision does not prohibit the exchange of information with
other governmental departments and agencies, both federal and state,
that are concerned with the administration of workforce development
programs.  Neither the subcommittee nor an operating entity under
contract to the subcommittee, as the case may be, may make public any
information that could identify an individual or his or her
employer.
   (j) An education and training program that requires information
gathered by the education and job training report card program shall
use the report card program and shall not initiate automated matching
of records in duplication of methods already in place as a result of
the report card program.
   (k) Funding for the development and maintenance of the education
and job training report card program shall be made available on a
shared basis by the programs the report card program is measuring, to
the extent authorized by federal and state law.  The subcommittee,
or the operating entity under contract to the subcommittee, shall
have the authority to assess each of the programs with an appropriate
share of the costs of the report card program.  Administrative funds
currently used for program followup activities for the identified
programs shall be redirected for this purpose, if authorized by
federal law.
   (l) The state council shall apply for any federal waivers that may
be necessary to implement this section.
15037.3.  It is the intent of the Legislature that resources
available under this division be used to support services provided
under the California Conservation Corps.  To that end, the council
shall develop guidelines and procedures for the identification
referral by the private industry councils of eligible youth who would
benefit from service in the California Conservation Corps, if the
referral is deemed appropriate by the councils in their service
delivery area plans, and for the funding of such services through the
consolidated work fund.
15037.5.  The plans and decisions of the state council shall be
subject to approval by the Governor.
15038.  In order to assure objective management and oversight, the
state council shall not operate programs or provide services directly
to eligible participants, but shall exist solely to plan,
coordinate, and monitor the provisions of such programs and services.
15038.5.  (a) The state council shall meet at such times and in such
places as it deems necessary.
   (b) Under no circumstances shall the state council permit absentee
or proxy voting at any of its proceedings.
15039.  The state council shall succeed to the Employment Services
Board and the former state employment and training council created
under Section 10524.
15039.5.  The state council may employ personnel necessary to carry
out its responsibilities.  All personnel of the council shall be
under the supervision of the chairperson or an executive director to
whom he or she delegates this responsibility.  All personnel shall be
appointed pursuant to the State Civil Service Act established
pursuant to Part 1 (commencing with Section 18000) of Division 5 of
Title 2 of the Government Code, except the executive director who
shall be exempt.
15039.7.  Members of the state council may receive up to one hundred
dollars ($100) for each day's actual attendance at meetings and
other official business of the council, 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.