Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 2 - Employment Services › Section 787 KAR 2:040 - Local workforce development area governance

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151B.017(4),
				29 U.S.C.
				3101 et seq.,
				20 C.F.R.
				679.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				151B.017(4) requires the
				secretary of the Education and Labor Cabinet to promulgate administrative
				regulations that are necessary to implement programs mandated by federal law,
				or to qualify for the receipt of federal funds, and that are necessary to
				cooperate with other state and federal agencies for the proper administration
				of the cabinet and its programs. This administrative regulation establishes the
				membership criteria and operating guidelines for local workforce development
				boards, requires interlocal and partnership agreements for local workforce
				development areas, establishes the process for the identification of regions
				and designation of local workforce development areas, establishes the
				guidelines for the hiring of staff by local workforce development boards,
				requires a written agreement for entities that perform multiple functions in a
				local workforce development area under the Workforce Innovation and Opportunity
				Act, 29 U.S.C.
				3101 et seq., and addresses dissemination and
				implementation of policies and guidance issued by the Kentucky Workforce
				Innovation Board. This administrative regulation establishes further guidance
				and clarification, in addition to the minimum federal requirements established
				in 29 U.S.C.
				3122, necessary for effective local
				implementation activities.
Section 1.
			 Definition. "Workforce Innovation and Opportunity Act" or "WIOA" means
			 29 U.S.C.
			 3101 et seq.
Section 2. Local Workforce Development Board
			 Membership Criteria and Operating Guidelines. Each chief local elected official
			 in a local workforce development area shall appoint members to the local
			 workforce development board and each local workforce development board shall
			 operate in compliance with the Workforce Innovation and Opportunity Act
			 (WIOA).
Section 3. Interlocal
			 Agreement. Each local elected official of a unit of general local government
			 within a local workforce development area shall jointly execute a written
			 interlocal agreement that, at a minimum, complies with the Workforce Innovation
			 and Opportunity Act.
Section 4.
			 Partnership Agreement. Each chief local elected official, representing the
			 local elected officials in a local workforce development area, and each
			 designated chair, representing the local workforce development board, shall
			 jointly execute a written partnership agreement that, at a minimum, complies
			 with the Workforce Innovation and Opportunity Act.
Section 5. Identification of Regions and
			 Designation of Local Workforce Development Areas. The process and procedures
			 for the identification of regions and the designation of local workforce
			 development areas within the Commonwealth of Kentucky shall be in compliance
			 with WIOA.
Section 6. Hiring of
			 Staff for Local Workforce Development Boards. Local workforce development
			 boards may hire a director and other staff in accordance with WIOA.
Section 7. Entities Performing Multiple
			 Functions in A Local Workforce Development Area. Entities that have been
			 selected or otherwise designated to perform more than one (1) function in a
			 local workforce development area shall develop a written agreement that, at a
			 minimum, complies with WIOA.
Section
			 8. Dissemination and Implementation of Policies and Guidance
			 issued by the Kentucky Workforce Innovation Board. The local workforce
			 development boards shall implement and disseminate policies, guidance, and
			 manuals issued by the Kentucky Workforce Innovation Board, in coordination with
			 the Governor and the Department of Workforce Investment, pursuant to the
			 Workforce Innovation and Opportunity Act and
			 20 C.F.R.
			 679.130. Nothing in this section shall be
			 construed to prohibit coordination between the Kentucky Workforce Innovation
			 Board and the Kentucky Education Workforce Collaborative.
STATUTORY AUTHORITY:
				  KRS
				  151B.017(4)