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15-4-3707. Unified state workforce development plan requirements.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-4-3707. Unified state workforce development plan requirements.

15-4-3707. Unified state workforce development plan requirements. (a) By March 3, 2016, the Governor shall submit to the United States Department of Labor and other approval authorities, as appropriate, a state plan outlining the state's four-year strategy for the core programs of the state under this subchapter. (b) The state plan shall be a unified plan addressing services available through all core programs and developed jointly by the Division of Workforce Services, the Adult Education Section, Arkansas Rehabilitation Services, and the Division of State Services for the Blind, in coordination with the Arkansas Workforce Development Board. (c) The state plan shall include: (1) A strategic vision and goals for preparing an educated and skilled workforce that include: (A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations; (B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state; (C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state; (D) A description of the state's strategic vision and goal

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-4-3707

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Stable record: arkansas_code:legal_authorities:15-4-3707
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d65cb79278bd9a060ad8628d7d18882b600ed18c1d854c39d81c566efb9b9a4c

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15-4-3707. Unified state workforce development plan requirements. (a) By March 3, 2016, the Governor shall submit to the United States Department of Labor and other approval authorities, as appropriate, a state plan outlining the state's four-year strategy for the core programs of the state under this subchapter. (b) The state plan shall be a unified plan addressing services available through all core programs and developed jointly by the Division of Workforce Services, the Adult Education Section, Arkansas Rehabilitation Services, and the Division of State Services for the Blind, in coordination with the Arkansas Workforce Development Board. (c) The state plan shall include: (1) A strategic vision and goals for preparing an educated and skilled workforce that include: (A) An analysis of the economic conditions in the state, including without limitation: (i) Existing and emerging in-demand industry sectors and occupations; and (ii) The employment needs of employers, including a description of the knowledge, skills, and abilities needed in those industries and occupations; (B) An analysis of the current workforce, employment and unemployment data, labor market trends, and the educational and skill levels of the workforce that take into account individuals with barriers to employment and individuals with disabilities in the state; (C) An analysis of the workforce development activities, including education and training, in the state, including an analysis of the strengths and weaknesses of such activities, and the capacity of state entities to provide such activities in order to address the identified education and skill needs of the workforce and the employment needs of employers in the state; (D) A description of the state's strategic vision and goals for preparing an educated and skilled workforce, including preparing youth and individuals with barriers to employment, and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, in order to support economic growth and economic self-sufficiency, and of how the state will assess the overall effectiveness of the workforce investment system in the state; and (E) Taking into account analyses described in subdivisions (c)(1)(A)-(C) of this section, a strategy for aligning the core programs, as well as other resources available to the state, to achieve the strategic vision and goals described in subdivision (c)(1)(D) of this section; and (2) An operational plan that includes: (A) How the Arkansas Workforce Development Board will implement the functions assigned under § 15-4-3706; (B) How the lead state agency with responsibility for the administration of a core program will implement the strategy described in subdivision (c)(1)(E) of this section, including a description of: (i) The activities that will be funded by the entities carrying out the respective core programs to implement the strategy and how the activities will be aligned across the programs and among the entities administering the programs, including using co-enrollment and other strategies; (ii) How the activities described in subdivision (c)(2)(B)(i) of this section will be aligned with activities provided under employment, training, education, including career and technical education, and human services programs not covered by the operational plan, as appropriate, avoiding duplication and assuring coordination; (iii) How the entities carrying out the respective core programs will coordinate activities and provide comprehensive, high-quality services, including supportive services, to individuals; (iv) How the state's strategy will engage the state's community colleges and area career and technical education schools as partners in the workforce development system and enable the state to leverage other federal, state, and local investments that have enhanced access to workforce development programs at those institutions; (v) How the activities will be coordinated with economic development strategies; and (vi) How the state's strategy will improve access to activities leading to a recognized postsecondary credential, including a credential that is an industry recognized certificate or certification, portable, and stackable; (C) A description of the state operating systems and policies that will support the implementation of the strategy, including a description of: (i) The Arkansas Workforce Development Board, including the activities to assist members of the Arkansas Workforce Development Board and the staff of the Arkansas Workforce Development Board in carrying out the functions of the Arkansas Workforce Development Board effectively, but funds for the activities shall not be used for long-distance travel expenses for training or development activities available locally or regionally; (ii) How the respective core programs will be assessed each year, including an assessment of the quality, effectiveness, and improvement of programs, analyzed by local workforce development area or by provider, based on state performance accountability measures; (iii) How other one-stop partner programs will be assessed each year; (iv) The methods and factors the state will use in distributing funds under the core programs; (v) How the lead state agencies with responsibility for the administration of the core programs will align and integrate available workforce and education data on core programs, unemployment insurance programs, and education through postsecondary education; (vi) How the agencies will use the workforce development system to assess the progress of participants who are exiting from core programs in entering, persisting in, and completing postsecondary education, or entering or remaining in employment; (vii) The privacy safeguards incorporated in the system, including safeguards required by the General Education Provisions Act, 20 U.S.C. § 1221 et seq., and other applicable federal laws; (viii) How the state will implement the priority of service provisions for veterans in accordance with the requirements of 38 U.S.C. § 4215; and (ix) How the one-stop delivery system, including one-stop operators and the one-stop partners, will comply with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding the physical and programmatic accessibility of facilities, programs, services, technology, and materials, for individuals with disabilities, including complying through providing staff training and support for addressing the needs of individuals with disabilities; (D) State policies or guidance for the statewide workforce development system, including without limitation: (i) The local workforce development areas designated in the state, including the process used for designating local workforce development areas, and the process used for identifying any planning, including a description of how the Arkansas Workforce Development Board consulted with the local workforce development boards and chief elected officials in determining the planning regions; (ii) The appeals process relating to designation of local workforce development areas; (iii) The appeals process relating to determinations for infrastructure funding; and (iv) Information identifying the criteria to be used by local workforce development boards in awarding grants for youth workforce investment activities and describing how the local workforce development boards will take into consideration the ability of the providers to meet performance accountability measures based on primary indicators of performance for the youth program; (E) How the Adult Education Section will, if applicable, align content standards for adult education with state-adopted challenging academic content standards, as adopted under § 1111(b)(1) of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6311(b)(1); (F) How the state will fund local activities including: (i) Adult education and literacy activities; (ii) Programs for corrections education and other institutionalized individuals; (iii) Programs for integrated English literacy and civics education; and (iv) Integrated education and training; (G) How adult education and literacy activities will be aligned with other core programs and one-stop partners, including eligible providers; (H) How English literacy and civics education will be aligned with other core programs and one-stop partners to prepare and place adults who are English-language learners in unsubsidized employment in demand occupations that lead to economic self-sufficiency; and (I) How the quality of providers of adult education and literacy activities will be assessed and actions to improve the quality of the activities. (d) One (1) time every two (2) years, the Arkansas Workforce Development Board shall review the unified state plan and submit modifications to the unified state plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the unified state plan.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1221 — Judicial review

**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed. **(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1221

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1221 — Short title; applicability; definitions

Page 880 TITLE 20—EDUCATION § 1221 Sec. 1232d. Single State application. 1232e. Single local educational agency applica- tion. PART 4—RECORDS; PRIVACY; LIMITATION ON WITHHOLDING FEDERAL FUNDS 1232f. Records. 1232g. Family educational and privacy rights. 1232h. Protection of pupil rights. 1232i. Limitations on withholding of Federal assistance. 1232j. Prohibition on federally sponsored test- ing. SUBCHAPTER IV—ENFORCEMENT 1234. Office of Administrative Law Judges. 1234a. Recovery of funds. 1234b. Measure of recovery. 1234c. Remedies for existing violations. 1234d. Withholding. 1234e. Cease and desist orders. 1234f. Compliance agreements. 1234g. Judicial review. 1234h. Use of recovered funds. 1234i. Definitions. SUBCHAPTER V—READY TO LEARN TELEVISION 1235 to 1235g. Repealed. Editorial Notes CODIFICATION Pub. L. 91–230, title IV, § 401(a)(1), Apr. 13, 1970, 84 Stat. 164, substituted as chapter heading ‘‘GENERAL PROVISIONS CONCERNING EDUCATION’’ for ‘‘LEAD- TIME AND PLANNING AND EVALUATION IN ELE- MENTARY AND SECONDARY EDUCATION PRO- GRAMS’’. § 1221. Short title; applicability; definitions (a) Short title This chapter may be cited as the ‘‘General Education Provisions Act’’. (b) Applicability of chapter (1) Except as otherwise provided, this chapter applies to each applicable program of the De- partment of Education. (2) Except as otherwise provided, this chapter does not apply to any contract made by the De- partment of Education. (c) Definitions As used in this chapter, the following terms have the following meanings: (1) The term ‘‘applicable program’’ means any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of author- ity pursuant to law.

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1221

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6311 — Statement of purpose

The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6311 — State plans

Page 1329 TITLE 20—EDUCATION § 6311 1 So in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’. tion, ensure sufficient availability of seats in the public schools the local educational agen- cy will make available for public school choice options; (4) prioritize services to students who are lowest-achieving; (5) select providers of direct student serv- ices, which may include one or more of— (A) the local educational agency or other local educational agencies; (B) community colleges or other institu- tions of higher education; (C) non-public entities; (D) community-based organizations; or (E) in the case of high-quality academic tutoring, a variety of providers of such tu- toring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2); (6) monitor the provision of direct student services; and (7) publicly report the results of direct stu- dent service providers in improving relevant student outcomes in a manner that is acces- sible to parents. (e) Providers and schools A State educational agency that reserves an amount under subsection (a) shall— (1) ensure that each local educational agen- cy that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a suffi- cient number of options to provide a meaning- ful choice for parents; (2) compile and maintain an updated list of State-approved high-quality academic tutor- ing providers that— (A) is developed using a fair negotiation and rigorous selection and approval process; (B) provides parents with meaningful choices; (C) offers a range of tutoring models, in- cluding online and on campus; and (D) includes only providers that— (i) have a demonstrated re

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6311

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3248 — Administrative adjudication

**(a) In general** Whenever any applicant for financial assistance under this subchapter is dissatisfied because the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may request a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under [section 3244 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3244&num=0&edition=prelim). **(b) Appeal** The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the decision of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the administrative law judge shall become the final decision of the Secretary unless the Secretary, within 30 days after such filing, notifies the parties that the case involved has been accepted for review. **(c) Time limit** Any case accepted for review by the Secretary under subsection (b) shall be decided within 180 days after such acceptance. If the case is not decided within the 180-day period, the decision of the administrative law judge shall become the final decision of the Secretary at the end of the 180-day period. **(d) Additional requirement** The provisions of [section 3247 of this title](https://uscode.house.gov/view.xhtml?req=gra

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3248

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3248 — Nondiscrimination

Page 941 TITLE 29—LABOR § 3248 the Secretary shall require only that the costs be categorized as administrative or pro- grammatic costs. (Pub. L. 113–128, title I, § 185, July 22, 2014, 128 Stat. 1594; Pub. L. 117–286, § 4(b)(48), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(3)(D). Pub. L. 117–286 substituted ‘‘chapter 4 of title 5’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3246. Administrative adjudication (a) In general Whenever any applicant for financial assist- ance under this subchapter is dissatisfied be- cause the Secretary has made a determination not to award financial assistance in whole or in part to such applicant, the applicant may re- quest a hearing before an administrative law judge of the Department of Labor. A similar hearing may also be requested by any recipient for whom a corrective action has been required or a sanction has been imposed by the Secretary under section 3244 of this title. (b) Appeal The decision of the administrative law judge shall constitute final action by the Secretary unless, within 20 days after receipt of the deci- sion of the administrative law judge, a party dissatisfied with the decision or any part of the decision has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any ex- ception not specifically urged during the 20-day period shall be deemed to have been waived. After the 20-day period the decision of the ad- mini

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4215 — Priority of service for veterans in Department of Labor job training programs

**(a) Definitions.—** In this section: (1) The term “covered person” means any of the following individuals: (A) A veteran. (B) The spouse of any of the following individuals: (i) Any veteran who died of a service-connected disability. (ii) Any member of the Armed Forces serving on active duty who, at the time of application for assistance under this section, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than 90 days: (I) missing in action, (II) captured in line of duty by a hostile force, or (III) forcibly detained or interned in line of duty by a foreign government or power. (iii) Any veteran who has a total disability resulting from a service-connected disability. (iv) Any veteran who died while a disability so evaluated was in existence. (2) The term “qualified job training program” means any workforce preparation, development, or delivery program or service that is directly funded, in whole or in part, by the Department of Labor and includes the following: (A) Any such program or service that uses technology to assist individuals to access workforce development programs (such as job and training opportunities, labor market information, career assessment tools, and related support services). (B) Any such program or service under the public employment service system, one-stop career centers, the Workforce Investment Act of 1998,11 See References in Text note below. a demonstration or other temporary program, and those programs implemented by States or local service providers based on F

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4215

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4215 — Priority of service for veterans in Depart-

Page 992 TITLE 38—VETERANS’ BENEFITS § 4215 section 1113 of Title 31, Money and Finance, and page 188 of House Document No. 103–7. WARRIOR TRAINING ADVANCEMENT COURSE Pub. L. 118–210, title II, § 223(a), (b), Jan. 2, 2025, 138 Stat. 2780, 2781, provided that: ‘‘(a) REPORTS REQUIRED.— ‘‘(1) INITIAL REPORT.—Not later than six months after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on WARTAC. ‘‘(2) ANNUAL REPORT.—One year after the submis- sion of the report required under paragraph (1) and annually thereafter, the Secretary shall submit to such Committees a report that contains the elements under paragraphs (1) and (3) of subsection (b) [prob- ably should be ‘‘subparagraphs (A) and (C) of para- graph (3)’’] with regards to the preceding year. ‘‘(3) ELEMENTS.—Except as provided in subsection (a)(2), the reports under this subsection shall include the following elements: ‘‘(A) BEST PRACTICES.—With regards to best prac- tices of WARTAC— ‘‘(i) how many covered members have applied to participate in WARTAC; ‘‘(ii) how many covered members have partici- pated in WARTAC; ‘‘(iii) how the Secretary provides training to covered members during TAP; ‘‘(iv) how many covered members have com- pleted WARTAC; and ‘‘(v) any other information the Secretary deter- mines appropriate. ‘‘(B) COST SAVINGS.—With regards to cost savings of WARTAC— ‘‘(i) how much money the Secretary determines WARTAC saves the United States each fiscal year; ‘‘(ii) how much money the Secretary determines WARTAC has saved the United States since its establishment; and ‘‘(iii) the determination of the Secretary wheth- er other Federal agen

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4215

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101

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