The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 022A: Workforce Education and Training

• § 540. Workforce education and training leader

  The Commissioner of Labor shall be the leader of workforce education and training in the State, and shall have the authority and responsibility for the coordination of workforce education and training within State government, including the following duties:

  (1) Perform the following duties in consultation with the State Workforce Development Board:

  (A) advise the Governor on the establishment of an integrated system of workforce education and training for Vermont;

  (B) create and maintain an inventory of all existing workforce education and training programs and activities in the State;

  (C) use data to ensure that State workforce education and training activities are aligned with the needs of the available workforce, the current and future job opportunities in the State, and the specific credentials needed to achieve employment in those jobs;

  (D) develop a State plan, as required by federal law, to ensure that workforce education and training programs and activities in the State serve Vermont citizens and businesses to the maximum extent possible;

  (E) ensure coordination and nonduplication of workforce education and training activities;

  (F) identify best practices and gaps in the delivery of workforce education and training programs;

  (G) design and implement criteria and performance measures for workforce education and training activities;

  (H) establish goals for the integrated workforce education and training system; and

  (I) with the assistance of the Secretaries of Commerce and Community Development, of Human Services, of Education, of Agriculture, Food and Markets, and of Transportation and of the Commissioner of Public Safety, develop and implement a coordinated system to recruit, relocate, and train workers to ensure the labor force needs of Vermont’s businesses are met.

  (2) Require from each business, training provider, or program that receives State funding to conduct workforce education and training a report that evaluates the results of the training. Each recipient shall submit its report on a schedule determined by the Commissioner and shall include at least the following information:

  (A) name of the person who receives funding;

  (B) amount of funding;

  (C) activities and training provided;

  (D) number of trainees and their general description;

  (E) employment status of trainees; and

  (F) future needs for resources.

  (3) Review reports submitted by each recipient of workforce education and training funding.

  (4) Issue an annual report to the Governor, the House Committees on Appropriations and on Commerce and Economic Development, and the Senate Committees on Appropriations and on Economic Development, Housing and General Affairs on or before December 1 that includes a systematic evaluation of the accomplishments of the State workforce investment system and the performance of participating agencies and institutions. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

  (5) Coordinate public and private workforce programs to ensure that information is easily accessible to students, employees, and employers, and that all information and necessary counseling is available through one contact.

  (6) Facilitate effective communication between the business community and public and private educational institutions.

  (7) Notwithstanding any provision of State law to the contrary, and to the fullest extent allowed under federal law, ensure that in each State and State-funded workforce education and training program, the program administrator collects and reports data and results at the individual level by Social Security number or an equivalent.

  (8) Coordinate intentional outreach and connections between students graduating from Vermont’s colleges and universities and employment opportunities in Vermont. (Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 11, § 9; 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 154 (Adj. Sess.), § 19, eff. May 21, 2018; 2017, No. 189 (Adj. Sess.), § 15.)

• § 541. Repealed. 2013, No. 199 (Adj. Sess.), § 41.

• § 541. Office of Workforce Strategy and Development

  (a) There is created within the Executive Branch the Office of Workforce Strategy and Development.

  (b) The Office of Workforce Strategy and Development shall have the administrative, legal, and technical support of the Department of Labor.

  (c) There shall be at least two full-time staff to accomplish the duties of the Office. One of these staff positions shall be the Executive Director of the Office of Workforce Strategy and Development, who shall be an exempt employee and who shall report to and be under the general supervision of the Governor. Another position shall be a staff member, who shall be a classified employee, who shall support the work of the Executive Director, and who shall report to and be under the general supervision of the Executive Director.

  (d) The Executive Director of the Office of Workforce Strategy and Development shall:

  (1) coordinate the efforts of workforce development in the State;

  (2) oversee the affairs of the State Workforce Development Board;

  (3) work with State agencies and private partners to:

  (A) develop strategies for comprehensive and integrated workforce education and training;

  (B) manage the collection of outcome information; and

  (C) align workforce efforts with other State strategies; and

  (4) perform other workforce development duties as directed by the Governor.

  (e) The Governor shall appoint the Executive Director with the advice and consent of the Senate, and the Executive Committee of the State Workforce Development Board may provide a list to the Governor of recommended candidates for Executive Director. (Added 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 541a. State Workforce Development Board; Executive Committee

  (a) Board established; duties. Pursuant to the requirements of 29 U.S.C. § 3111, the Governor shall establish the State Workforce Development Board to assist the Governor in the execution of his or her duties under the Workforce Innovation and Opportunity Act of 2014 and to assist the Commissioner of Labor as specified in section 540 of this title.

  (b) Additional duties; planning; process.

  (1) To inform its decision making and to provide effective assistance under subsection (a) of this section, the Board shall:

  (A) conduct an ongoing public engagement process throughout the State that brings together employers and potential employees, including students, the unemployed, and incumbent employees seeking further training, to provide feedback and information concerning their workforce education and training needs; and

  (B) maintain familiarity and promote alignment with the federal, State, and regional Comprehensive Economic Development Strategies and other economic development planning processes and coordinate workforce and education activities in the State, including the development and implementation of the State plan required under the Workforce Innovation and Opportunity Act of 2014, with economic development planning processes occurring in the State, as appropriate.

  (2) To ensure that State-funded and federally funded workforce development and training efforts are of the highest quality and aligned with the State’s workforce and economic goals, the Board shall regularly:

  (A) review and approve State-endorsed Career Pathways that reflect a shared vision across multiple sectors and agencies for improving employment outcomes, meeting employers’ and workers’ needs, and leveraging available State and federal funding; and

  (B) publicize the State-endorsed Career Pathways, including on websites managed by the Agency of Education, Department of Labor, and Department of Economic Development.

  (3) The Board shall have the authority to approve State-endorsed and industry-recognized credentials and certificates, excluding high school diplomas and postsecondary academic degrees, that are aligned with the Career Pathways.

  (c) Membership. The Board shall consist of the Governor and the following members who are appointed by the Governor and serve at the Governor’s pleasure unless otherwise indicated, in conformance with the federal Workforce Innovation and Opportunity Act (WIOA), and who shall be selected from diverse backgrounds to represent the interests of ethnic and diverse communities and represent diverse regions of the State, including urban, rural, and suburban areas:

  (1) one member of the Vermont House of Representatives, who shall serve for the duration of the biennium, appointed by the Speaker of the House;

  (2) one member of the Vermont Senate, who shall serve for the duration of the biennium, appointed by the Senate Committee on Committees;

  (3) four members who are core program representatives, as follows:

  (A) the Commissioner of Labor or designee, for the Adult, Dislocated Worker, and Youth program and Wagner-Peyser;

  (B) the Secretary of Education or designee, for the Adult Education and Family Literacy Act program;

  (C) the Secretary of Human Services or designee, for the Vocational Rehabilitation program; and

  (D) the Secretary of Commerce and Community Development or designee;

  (4) six workforce representatives, as follows:

  (A) two representatives from labor organizations operating in this State who are nominated by a State labor federation;

  (B) one representative from a State-registered apprenticeship program; and

  (C) three representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, which may include:

  (i) organizations that serve veterans;

  (ii) organizations that provide or support competitive, integrated employment for individuals with disabilities;

  (iii) organizations that support the training or education needs of eligible youth as described in 20 C.F.R. § 681.200, including representatives of organizations that serve out-of-school youth as described in 20 C.F.R. § 681.210; and

  (iv) organizations that connect volunteers in national or State service programs to the workforce;

  (5) two elected local government officials who represent a city or town within different regions of the State; and

  (6) 13 business representatives who:

  (A) are owners, chief executives, or operating officers of businesses, including nonprofits, or other business executives with optimum policymaking or hiring authority, with at least one member representing a small business as defined by the U.S. Small Business Administration;

  (B) represent businesses with employment opportunities that reflect in-demand sectors and employment opportunities in the State; and

  (C) are appointed from among individuals nominated by State business organizations and business trade associations.

  (d) Operation of Board.

  (1) Executive Committee.

  (A) Creation. There is created an Executive Committee that shall manage the affairs of the Board.

  (B) Members. The members of the Executive Committee shall comprise the following:

  (i) the Chair of the Board;

  (ii) the Commissioner of Labor or designee;

  (iii) the Secretary of Education or designee;

  (iv) the Secretary of Human Services or designee;

  (v) the Secretary Commerce and Community Development or designee;

  (vi) two business representatives, appointed by the Chair of the Board, who serve on the Board; and

  (vii) two workforce representatives, appointed by the Chair of the Board, who serve on the Board.

  (C) Meetings. The Chair of the Board shall chair the Executive Committee. The Executive Committee shall meet at least once monthly and shall hold additional meetings upon call of the Chair.

  (D) Duties. The Executive Committee shall have the following duties and responsibilities:

  (i) recommend to the Board changes to the Board’s rules or bylaws;

  (ii) establish one or more subcommittees as it determines necessary and appropriate to perform its work; and

  (iii) other duties as provided in the Board’s bylaws.

  (2) Member representation and vacancies.

  (A) A member of the State Board may send a designee who meets the requirements of subdivision (B) of this subdivision (2) to any State Board meeting, who shall count toward a quorum, and who shall be allowed to vote on behalf of the Board member for whom the individual serves as a designee.

  (B) Members of the State Board or their designees who represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority or relevant subject matter expertise within the organizations, agencies, or entities.

  (C) The Chair of the Board shall provide notice within 30 days after a vacancy on the Board to the relevant appointing authority, which shall appoint a replacement within 90 days after receiving notice.

  (3) Chair. The Governor shall select a chair for the Board from among the business representatives appointed pursuant to subdivision (c)(6) of this section.

  (4) Meetings. The Board shall meet at least three times annually and shall hold additional meetings upon call of the Chair.

  (5) Committees; work groups; ad hoc committees. The Chair, in consultation with the Commissioner of Labor, may:

  (A) assign one or more members or their designees to standing committees, ad hoc committees, or work groups to carry out the work of the Board; and

  (B) appoint one or more nonmembers of the Board to a standing committee, ad hoc committee, or work group and determine whether the individual serves as an advisory or voting member, provided that the number of voting nonmembers on a standing committee shall not exceed the number of Board members or their designees.

  (6) Quorum meetings; voting.

  (A) A majority of the sitting members of the Board shall constitute a quorum, and to be valid any action taken by the Board shall be authorized by a majority of the members present and voting at any regular or special meeting at which a quorum is present.

  (B) The Board may permit one or more members to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication, including an electronic, telecommunications, and video- or audio-conferencing conference telephone call, by which all members participating may simultaneously or sequentially communicate with each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.

  (C) The Board shall deliver electronically the minutes for each of its meetings to each member of the Board and to the Chairs of the House Committees on Education and on Commerce and Economic Development, and to the Senate Committees on Education and on Economic Development, Housing and General Affairs.

  (D) The Board may adopt in its bylaws the quorum, membership, and procedural requirements for standing committees.

  (7) Reimbursement.

  (A) Legislative members of the Board shall be entitled to compensation and expenses as provided in 2 V.S.A. § 23.

  (B) Unless otherwise compensated by his or her employer for performance of his or her duties on the Board, a nonlegislative member of the Board shall be eligible for per diem compensation of $50.00 per day for attendance at a meeting of the Board, and for reimbursement of his or her necessary expenses, which shall be paid through funds available for that purpose under the Workforce Innovation and Opportunity Act of 2014.

  (8) Conflict of interest. A member of the Board shall not:

  (A) vote on a matter under consideration by the Board:

  (i) regarding the provision of services by the member, or by an entity that the member represents; or

  (ii) that would provide direct financial benefit to the member or the immediate family of the member; or

  (B) engage in any activity that the Governor determines constitutes a conflict of interest as specified in the State Plan required under 29 U.S.C. § 3112 or 3113.

  (9) Sunshine provision. The Board shall make available to the public, on a regular basis through open meetings, information regarding the activities of the Board, including information regarding the State Plan adopted pursuant to 29 U.S.C. § 3112 or 3113 and prior to submission of the State Plan to the U.S. Secretary of Labor, information regarding membership, and, on request, minutes of formal meetings of the Board. (Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 189 (Adj. Sess.), § 3; 2019, No. 80, § 19; 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 541b. Workforce education and training; duties of other State agencies, departments, and private partners

  (a) To ensure the State Workforce Development Board, the Commissioner of Labor, and the Executive Director of the Office of Workforce Strategy and Development are able to fully perform their duties under this chapter, each agency and department within State government, and each person who receives funding from the State, shall comply within a reasonable period of time with a request for data and information made by the Board, the Commissioner, or the Executive Director in furtherance of their duties under this chapter.

  (b) The Agency of Commerce and Community Development shall coordinate its work in adopting a statewide economic development plan with the activities of the Board, the Commissioner of Labor, and the Executive Director. (Added 2013, No. 199 (Adj. Sess.), § 41; amended 2015, No. 157 (Adj. Sess.), § K.1; 2023, No. 146 (Adj. Sess.), § 1, eff. July 1, 2024.)

• § 542. Regional workforce education and training

  (a) The Commissioner of Labor, in coordination with the Secretary of Commerce and Community Development, and in consultation with the State Workforce Development Board, is authorized to issue performance grants to one or more persons to perform workforce education and training activities in a region.

  (b) Each grant shall specify the scope of the workforce education and training activities to be performed and the geographic region to be served, and shall include performance measures and results to evaluate the grantee’s performance.

  (c) The Commissioner of Labor and the Secretary of Commerce and Community Development shall jointly develop a grant process and eligibility criteria, as well as an outreach process for notifying potential participants of the grant program. The Commissioner of Labor shall have final authority to approve each grant. (Added 1995, No. 45, § 1; amended 1999, No. 27, § 3, eff. May 19, 1999; 1999, No. 119 (Adj. Sess.), § 5, eff. May 18, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 212 (Adj. Sess.), § 1; 2009, No. 33, § 22; 2009, No. 146 (Adj. Sess.), § G14, eff. June 1, 2010; 2011, No. 52, § 14, eff. May 27, 2011; 2013, No. 199 (Adj. Sess.), § 41; 2015, No. 11, § 10; 2015, No. 157 (Adj. Sess.), § K.1.)

• § 543. Workforce education and training fund; grant programs

  (a) Creation. There is created the Workforce Education and Training Fund in the Department of Labor to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5.

  (b) Purposes. The Department shall use the Fund for the following purposes:

  (1) training for Vermont workers, including those who are unemployed, underemployed, or in transition from one job or career to another;

  (2) internships to provide students with work-based learning opportunities with Vermont employers;

  (3) apprenticeship, preapprenticeship, and industry-recognized credential training; and

  (4) other workforce development initiatives related to current and future job opportunities in Vermont as determined by the Commissioner of Labor.

  (c) Administrative and other support. The Department of Labor shall provide administrative support for the grant award process. When appropriate and reasonable, the State Workforce Development Board and all other public entities involved in economic development and workforce education and training shall provide other support in the process.

  (d) Eligible activities.

  (1) The Department, in collaboration with the Agency of Education when applicable, shall grant awards from the Fund to employers and entities, including private, public, and nonprofit entities, institutions of higher education, high schools, K-12 school districts, supervisory unions, technical centers, and workforce education and training programs that:

  (A) create jobs, offer education, training, apprenticeship, preapprenticeship and industry-recognized credentials, mentoring, career planning, or work-based learning activities, or any combination;

  (B) employ student-oriented approaches to workforce education and training; and

  (C) link workforce education and economic development strategies.

  (2) The Department may fund programs or projects that demonstrate actual increased income and economic opportunity for employees and employers for more than one year.

  (3) The Department may fund student internships and training programs that involve the same employer in multiple years, with approval of the Commissioner.

  (e) [Repealed.]

  (f) Awards. The Commissioner of Labor, in consultation with the Chair of the State Workforce Development Board, shall develop award criteria and may grant awards to the following:

  (1) Training programs.

  (A) Public, private, and nonprofit entities, including employers and education and training providers, for existing or new training programs that enhance the skills of Vermont workers and:

  (i) train workers for trades or occupations that are expected to lead to jobs paying at least 200 percent of the current minimum wage or at least 150 percent if benefits are included; this requirement may be waived when warranted based on regional or occupational wages or economic reality;

  (ii) do not duplicate, supplant, or replace other available training funded with public money;

  (iii) provide a project timeline, including performance goals, and identify how the effectiveness and outcomes of the program will be measured, including for the individual participants, the employers, and the program as a whole; and

  (iv) articulate the need for the training and the direct connection between the training and the job.

  (B) The Department shall grant awards under this subdivision (1) to programs or projects that:

  (i) offer innovative programs of intensive, student-centric, competency-based education, training, apprenticeship, preapprenticeship and industry-recognized credentials, mentoring, or any combination of these;

  (ii) address the needs of workers who are unemployed, underemployed, or at risk of becoming unemployed, and workers who are in transition from one job or career to another;

  (iii) address the needs of employers to hire new employees or retrain incumbent workers, when the employer has demonstrated a need not within the normal course of business, with priority to training that results in new or existing job openings for which the employer intends to hire; or

  (iv) in the discretion of the Commissioner, otherwise serve the purposes of this chapter.

  (2) Vermont Internship Program. Funding for eligible internship programs and activities under the Vermont Internship Program established in section 544 of this title.

  (3) Vermont Returnship Program. Funding for eligible returnship programs and activities under the Vermont Returnship Program established in section 545 of this title.

  (4) Apprenticeship Program. The Vermont Apprenticeship Program established under 21 V.S.A. chapter 13. Awards under this subdivision may be used to fund the cost of apprenticeship-related instruction provided by the Department of Labor.

  (5) Career focus and planning programs. In collaboration with the Agency of Education, funding for one or more programs that institute career training and planning for young Vermonters, beginning in middle school.

  (g) Career Pathways. Programs that are funded under this section resulting in a credit, certificate, or credential shall demonstrate alignment with a Career Pathway.

  (h) Expanding offerings. A regional career and technical education center that develops an adult technical education program of study using funding under this section shall:

  (1) make the program materials available to other regional career and technical education centers and adult technical education programs;

  (2) to the extent possible, align the program with subsequent programs offered through the Vermont State College System, the University of Vermont and State Agricultural College, or an accredited independent college located in Vermont; and

  (3) respond to current or projected occupational demands. (Added 2007, No. 46, § 4, eff. May 23, 2007; amended 2007, No. 182 (Adj. Sess.), § 7, eff. June 2, 2008; 2009, No. 33, § 23; 2009, No. 54, § 9, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.401.1; 2009, No. 146 (Adj. Sess.), § G14, eff. June 1, 2010; 2011, No. 52, § 13, eff. May 27, 2011; 2013, No. 199 (Adj. Sess.), § 41; 2015, No. 51, § C.3; 2015, No. 157 (Adj. Sess.), § K.1; 2017, No. 69, § E.2, eff. June 28, 2017; 2017, No. 189 (Adj. Sess.), § 10.)

• §§ 544, 545. Repealed. 2021, No. 183 (Adj. Sess.), § 10, eff. July 1, 2022.

  (Repealed by 2021, No. 183 (Adj. Sess.), § 10, eff. July 1, 2022.)

• § 546. State postsecondary attainment goal

  (a) It shall be the goal of the State of Vermont that not less than 70 percent of working-age Vermonters will hold a credential of value, as defined by the State Workforce Development Board, by the year 2025.

  (b) It is the policy of the State of Vermont to:

  (1) promote awareness of career pathways and the value of postsecondary education and training;

  (2) expand access to postsecondary education and training to students of all ages;

  (3) increase completion of postsecondary education and training programs by ensuring that Vermonters have the supports they need to succeed; and

  (4) maximize partnerships across and within sectors to achieve State workforce development and education goals.

  (c) In its annual report required in section 540 of this title, the Department shall include the number of postsecondary credentials awarded and the data sets that are used to inform the report. (Added 2019, No. 80, § 5.)

• § 547. Work-Based Learning and Training Program

  (a) Vermont Work-Based Learning and Training Program. The Department of Labor shall develop the statewide Work-Based Learning and Training Program that serves transitioning secondary and postsecondary students and Vermonters seeking work-based experience as part of a career experience or change and is designed to:

  (1) support Vermonters who are graduating from postsecondary education or a secondary CTE program or who are pursuing a career change with a paid on-the-job work experience lasting 12 weeks or fewer;

  (2) establish a statewide platform available to all employers to list their internships, returnships, pre-apprenticeships, and registered apprenticeship opportunities and for jobseekers to view and access information about specific opportunities; and

  (3) support employers by providing them with assistance in developing and implementing meaningful work-based learning and training opportunities.

  (b) Definitions. As used in this section:

  (1) “Internship” means a work-based learning experience with an employer where the participant may, but does not necessarily, receive academic credit.

  (2) “Returnship” means an on-the-job learning experience for an individual who is returning to the workforce after an extended absence or is seeking a limited-duration on-the-job work experience in a different occupation or occupational setting as part of a career change.

  (c) Activities. The Department may use funds appropriated to it for the Program to:

  (1) build and administer the Program;

  (2) develop an online platform that will connect students and jobseekers with work-based learning and training opportunities within Vermont;

  (3) support work-based learning and training opportunities with public and private employers available to prospective workers located in or relocating to Vermont;

  (4) promote work-based learning and training as a valuable component of a talent pipeline; and

  (5) assist employers in developing meaningful work-based learning and training opportunities.

  (d) Data. The Department shall collect the following data:

  (1) the total number of participants served;

  (2) the number of participants who received wage assistance or other financial assistance as part of this Program and their employment status one year after completion;

  (3) the average wage of participants in subdivision (2) of this subsection at the start of the Program and the average wage of participants one year after completion;

  (4) the number of work-based learning or training opportunities listed on the platform; and

  (5) the number of employers who offered a work-based learning or training opportunity.

  (e) State participation. The Department shall engage appropriate State agencies and departments to expand Program opportunities with State government and with entities awarded State contracts.

  (f) Reporting. On or before February 15, 2023, the Department shall report Program data to the relevant committees of jurisdiction. (Added 2021, No. 183 (Adj. Sess.), § 11, eff. July 1, 2022.)