Code of the District of Columbia

Chapter 16. Workforce Investment Implementation.


Subchapter I. General.

§ 32–1601. Council findings.

The Council of the District of Columbia finds that:

(1) Many District workers need an integrated workforce investment system to help them assume responsibility for building a better future for themselves and their families.

(2) A workforce investment system should be consumer-driven, accountable and responsive to the needs of employers and job seekers.

(3) The goals of an integrated workforce development systems are to:

(A) Coordinate activities at the state and local levels to increase the occupational skills, employment, job retention and earnings of the workforce;

(B) Reduce welfare dependency by helping workers obtain employment that will assure self-sufficiency;

(C) Enhance the productivity and competitiveness of District business and industry;

(D) Encourage ongoing progress toward work preparation from kindergarten through adulthood;

(E) Encourage the attraction and retention of high skill and high wage employers; and

(F) Encourage cooperation among regional workforce development efforts to promote the participation of District residents in the regional economy.

(4) To implement the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C. § 2822 [repealed]), the District of Columbia must apply the necessary resources to carry out its assigned responsibilities and must delegate accountability and authority, as allowed under the federal law, to the governing entity of the workforce investment system.

(5) These objectives are to be accomplished under the direction of the District’s Workforce Investment Council. This Council will enlist the views of a diverse group of business, labor, community, education and government leaders to develop a strategic plan for workforce development in the District of Columbia.

(6) The strategic plan should provide for the development of a comprehensive, consumer-driven employment and career development system that meets the needs of all members of the workforce, including those entering the workforce for the first time, those in transition to employment and those currently employed who seek to enhance their skills for continued career advancement.


(July 18, 2000, D.C. Law 13-150, § 2, 47 DCR 4644; Mar. 2, 2007, D.C. Law 16-191, § 2(a), 53 DCR 6794.)

Effect of Amendments

D.C. Law 16-191 substituted “Council of the District of Columbia” for “Council” in the introductory language.

Mayor's Orders

Establishment—Workforce Investment Council, see Mayor’s Order 2011-114, July 1, 2011 ( 58 DCR 5868).


§ 32–1602. Definitions.

For the purposes of this subchapter, the term:

(1) Repealed.

(1A) “Eligible training provider” means an organization that is approved to receive funds for individual training accounts for employment and training services, in accordance with criteria and procedures established by the Workforce Investment Council.

(1B) “Individual training account” or “ITA” means the primary way individuals receive funds for training pursuant to the Federal Act.

(2) “Federal Act” or “WIA” means the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C. § 2822 [repealed]), or the Workforce Innovation and Opportunity Act, approved July 22, 2014 (Pub. L. No. 113-128; 128 Stat. 1425), in accordance with § 32-1612.01.

(3) “Self-sufficiency” means the self-sufficiency level as established annually by the Workforce Investment Council.

(4) Repealed.

(5) “WIC” means the Workforce Investment Council established by § 32-1603.


(July 18, 2000, D.C. Law 13-150, § 3, 47 DCR 4644; May 2, 2015, D.C. Law 20-263, § 2(a), 62 DCR 1518.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-263 repealed (1) and (4); added (1A) and (1B); rewrote (2) and (3); and added (5).


§ 32–1602.01. Participant eligibility criteria.

Any individual who receives an Individual Training Account as provided in Chapter 5, section 134 [29 U.S.C. § 2864, repealed] of the Federal Act shall be a bona fide resident of the District.


(July 18, 2000, D.C. Law 13-150, § 3a; as added Nov. 13, 2003, D.C. Law 15-39, § 1702, 50 DCR 5668.)

Emergency Legislation

For temporary (90 day) addition, see § 1702 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) addition, see § 1702 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Short Title

Short title of title XVII of Law 15-39: Section 1701 of D.C. Law 15-39 provided that title XVII of the act may be cited as the Residency Requirement for Individual Training Accounts Funded by the Workforce Investment Act Amendment Act of 2003.


§ 32–1603. Workforce Investment Council.

(a) There is created a Workforce Investment Council that shall serve as the District’s state workforce investment board pursuant to section 111 of the Federal Act, which shall carry out the functions of a local workforce investment board as assigned by the Mayor pursuant to section 117(c)(4) of the Federal Act.

(b) Repealed.

(c) The Council shall have grant-making authority for the purpose of providing competitive grants under the authority granted to the Council by this subchapter; provided, that grants shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

(d) The Council shall have grant-making authority for the purpose of providing competitive grants based on the recommendations of the Workforce Intermediary Task Force, made pursuant to the Workforce Intermediary Task Force Establishment Temporary Act of 2011, effective December 2, 2011 (D.C. Law 19-55; 58 DCR 8962), and approved by the Council in the Workforce Intermediary Task Force Recommendations Emergency Approval Resolution of 2012, effective June 5, 2012 (Res. 19-454; 59 DCR 7454); provided, that grants shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of Chapter 3 of Title 1 [§ 1-328.11 et seq.].

(e) The Mayor shall appoint members of the Workforce Investment Council in a manner consistent with the requirements of section 101 of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1440; 29 U.S.C. § 3111); provided, that the Workforce Investment Council shall include 2 members of the Council of the District of Columbia appointed by the Chairman of the Council of the District of Columbia.

(f) The WIC shall:

(1) Assist the Mayor in the selection of the WIC Executive Director;

(2) In cooperation with the WIA administrative entity:

(A) Develop the District’s state plan consistent with the requirements of section 112 of the Federal Act;

(B) Negotiate the District’s state performance measures as required under section 136(b) of the Federal Act; and

(C) Develop the District’s annual report as required under section 136(d) of the Federal Act;

(3) Establish policies and guidance for the District’s American Job Center system as required under section 134(c) of the Federal Act;

(4) In coordination with the WIA administrative entity, develop and implement District-wide employment and training activities as required under section 134(a) of the Federal Act;

(5) Develop and implement a workforce intermediary pilot project, as described in § 2-219.04b;

(6) Develop applications for incentive grants pursuant to section 503 of the Federal Act; and

(7) Collect and compile the information required to develop the Workforce Development System Expenditure Guide pursuant to subchapter I-A of this chapter.

(g) The Mayor shall certify WIC as the local workforce investment board for the District of Columbia not less than once every 2 years, consistent with the requirements of section 117(c) of the Federal Act.

(h) The Mayor shall designate WIC to:

(1) Certify American Job Centers;

(2) Select and terminate American Job Centers;

(3) In coordination with the WIA administrative entity, develop a memorandum of agreement with mandatory partner programs for the administration of American Job Centers, which shall include a resource-sharing agreement;

(4) Establish eligibility and performance requirements for training providers to be considered eligible to receive ITA funds;

(5) Identify demand occupations for which training may be provided and develop a demand occupation list not less than once every 2 years;

(6) Implement a procedure for determining initial and subsequent eligibility of training providers;

(7) Establish and implement eligibility and performance requirements for providers of training services other than those provided through ITAs, including on-the-job training and customized training services;

(8) Develop and implement a policy for the selection of providers of youth employment and training services consistent with section 123 of the Federal Act;

(9) Establish a youth council consistent with section 117(h) of the Federal Act;

(10) Develop an annual operating budget for WIC;

(11) In cooperation with the WIA administrative entity, advise the Mayor and the Office of the Chief Financial Officer of the District of Columbia on the annual budget and spending plan for youth activities as described in section 129 of the Federal Act and employment and training activities as described in section 134 of the Federal Act; and

(12) Coordinate workforce development activities with economic development strategies and other employer linkages.

(i)(1) The WIC shall direct the WIA administrative entity to disburse funds received pursuant to sections 127 and 132 of the Federal Act to support the activities described in subsections (d) and (e) of this section, consistent with WIC policies.

(2) The WIA administrative entity shall disburse the funds described in paragraph (1) of this subsection immediately upon the direction of the local workforce investment board; provided, that the direction does not violate a provision of the Federal Act or District law.

(j) The WIC may hire staff to assist it in carrying out its responsibilities, as described in subsections (f) and (h) of this section.


(July 18, 2000, D.C. Law 13-150, § 4, 47 DCR 4644; Dec. 7, 2004, D.C. Law 15-205, § 1155(a), 51 DCR 8441; Mar. 25, 2009, D.C. Law 17-353, § 129(a), 56 DCR 1117; Dec. 24, 2013, D.C. Law 20-61, § 2012, 60 DCR 12472; May 2, 2015, D.C. Law 20-263, § 2(b), 62 DCR 1518; Oct. 8, 2016, D.C. Law 21-160, § 2142, 63 DCR 10775; May 5, 2018, D.C. Law 22-95, § 201, 65 DCR 2861.)

Section References

This section is referenced in § 32-751 and § 32-1651.

Effect of Amendments

D.C. Law 15-205, in subsec. (b), substituted “University of the District of Columbia as well as with any institution of higher education accredited by the Middle States Association of Colleges and Schools and located in the District to enhance” for “University of the District of Columbia to enhance” in par. (6), and added par. (9).

D.C. Law 17-353, in subsecs. (b)(4) and (7), substituted “Council of the District of Columbia” for “Council”; and validated a previously made technical correction by substituting “Council” for “Board”.

The 2013 amendment by D.C. Law 20-61 added (c) and (d).

The 2015 amendment by D.C. Law 20-263 rewrote (a); repealed (b); and added (e) through (j).

Cross References

Establishment of a workforce intermediary pilot program, § 2-219.04b.

Applicability

Section 7030 of D.C. Law 22-168 repealed section 301 of D.C. Law 22-95 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-95 have been implemented.

Applicability of D.C. Law 22-95: § 301 of D.C. Law 22-95 provided that the change made to this section by § 201 of D.C. Law 22-95 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 1155(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1155(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 days) amendment of this section, see § 2012 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2012 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 2011 of D.C. Law 20-61 provided that Subtitle B of Title II of the act may be cited as the “Workforce Investment Council and Workforce Intermediary Grant-Making Authority Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 32–1603.01. WIA administrative entity.

The Mayor shall designate an agency to serve as the WIA administrative entity, which shall:

(1) In cooperation with the WIC:

(A) Develop the District’s state plan;

(B) Negotiate the District’s state performance measures as required under section 136(b) of the Federal Act;

(C) Develop the District’s annual report as required under section 136(d) of the Federal Act;

(D) Develop and submit all reports required under the Federal Act; and

(E) Advise the Mayor and the Office of the Chief Financial Officer of the District of Columbia on the annual budget and spending plan for youth activities as described in section 129 of the Federal Act and employment and training activities as described in section 134 of the Federal Act;

(2) Serve as the fiscal agent for all funds described in section 127 and section 132 of the Federal Act;

(3) Develop and administer a District-wide employment statistics system consistent with section 309 of the Federal Act;

(4) Subject to certification by WIC:

(A) Serve as the operator of American Job Centers;

(B) Provide core services as described in section 134(d)(2) of the Federal Act through the American Job Centers; and

(C) Provide intensive services as described in section 134(d)(3) of the Federal Act through the American Job Centers;

(5) Administer all grants and contracts for training services as described in section 134(d)(4) of the Federal Act, subject to policies established by WIC; and

(6) Administer all grants and contracts with youth providers identified by WIC through the process described in §  32-1610.01.


(July 18, 2000, D.C. Law 13-150, § 4a; as added May 2, 2015, D.C. Law 20-263, § 2(c), 62 DCR 1518.)


§ 32–1604. Council approval of state workforce plans.

Upon the Mayor’s approval of the state plan described in § 32-1603(f)(2)(A), or any modification of such plan, the Mayor shall transmit the state plan to the Council for a 10-day period of review. If the Council does not approve or disapprove the state plan or modification, by resolution, within the 10-day review period, the state workforce plan shall be deemed approved.


(July 18, 2000, D.C. Law 13-150, § 5, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(b), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(d), 62 DCR 1518.)

Effect of Amendments

D.C. Law 17-353 substituted “Council of the District of Columbia” for “Council”; and validated a previously made technical correction by substituting “Council” for “Board”.

The 2015 amendment by D.C. Law 20-263 rewrote the section.

Editor's Notes

Establishment and Appointments—D.C. State Rehabilitation Council, see Mayor’s Order 2001-173, November 30, 2001 ( 48 DCR 11586).


§ 32–1605. Labor market analysis. [Repealed]

Repealed.


(July 18, 2000, D.C. Law 13-150, § 6, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(c), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(e), 62 DCR 1518.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction by substituting “Council” for “Board”.


§ 32–1605.01. Career Pathways Innovation.

(a) Beginning in Fiscal Year 2017, and pursuant to § 32-1603(c), the Council shall issue Career Pathways Innovation grants to design, pilot, and scale best practices in the implementation of adult career pathways and improve district performance as mandated by the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.), using a career pathways approach, consistent with the city-wide strategic plan developed by the Adult Career Pathways Task Force pursuant to § 32-1661.

(b) In Fiscal Year 2016, the Council shall solicit technical assistance to prepare for the issuance of the grants authorized by subsection (a) of this section.


(July 18, 2000, D.C. Law 13-150, § 6a; as added Oct. 22, 2015, D.C. Law 21-36, § 2122, 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2122 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 32–1606. Performance based accountability. [Repealed]

Repealed.


(July 18, 2000, D.C. Law 13-150, § 7, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(d), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(f), 62 DCR 1518.)

Section References

This section is referenced in § 32-1603.

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction by substituting “Council” for “Board”.


§ 32–1607. Training services criteria and performance accountability.

(a)(1)(A) Except as provided in subsection (e) of this section, training services funded under section 133 of the Federal Act shall be provided through the use of individual training accounts. ITA funds may only be used to pay for employment and training services that are provided by organizations that have been approved as eligible training providers by WIC, according to criteria and procedures developed by WIC.

(B) The criteria and procedures required by subparagraph (A) of this paragraph shall be submitted to the Council for a 10-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the procedures and criteria, by resolution, within the 10-day period of review, the procedures and criteria shall be deemed approved.

(2) The criteria and procedures shall require organizations seeking to become eligible training providers to certify that none of its officers or employees has, in the past 5 years, been convicted of a felony or a misdemeanor, the underlying basis of which involved workplace safety and health or labor standards.

(3) The criteria and procedures shall require organizations seeking to become eligible training providers to certify as to all violations issued by the U.S. Department of Labor and DOES within the past 5 years, and all judgements and settlements, the underlying basis of which involved workplace safety and health or labor standards.

(4)(A) The criteria and procedures required by this subsection shall include a list of demand occupations in the District for which training may be provided.

(B) The criteria and procedures shall require eligible training providers to meet minimum performance requirements with respect to:

(i) Placement in employment;

(ii) Employment retention;

(iii) Average wages; and

(iv) Other requirements established by WIC.

(C) Eligible training providers shall submit the required data to WIC to enable WIC to determine performance.

(b) All participants who meet the requirements of an employee pursuant to the Fair Labor Standards Act of 1938, approved June 25, 1938 (52 Stat. 1060; 29 U.S.C. § 201), in the on-the-job training program shall be compensated at no less than the minimum wage required by § 32-1003.

(c) Repealed.

(d) Repealed.

(e)(1) Training services funded under section 133 of the Federal Act may be provided pursuant to a contract in lieu of an individual training account to the extent that such contracts are permitted under the Federal Act and District law.

(2) No funds may be provided under this section except according to criteria and procedures developed by the Workforce Investment Council.

(f)(1) All training services funded under section 133 of the Federal Act shall be provided in a manner that maximizes consumer choice.

(2) The WIC shall publish annual report cards for each eligible training provider that includes performance data and cost information in a manner that helps enhance customer choice in selecting training services.


(July 18, 2000, D.C. Law 13-150, § 8, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(e), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(g), 62 DCR 1518.)

Effect of Amendments

D.C. Law 17-353 substituted “Council of the District of Columbia” for “Council”; and validated a previously made technical correction by substituting “Council” for “Board”.

The 2015 amendment by D.C. Law 20-263 rewrote the section heading and (a); added (a)(4); repealed (c) and (d); and added (e) and (f).


§ 32–1608. Anti-displacement.

Participants in training activities funded pursuant to § 32-1607 shall not be assigned or placed to work for any employer or worksite where:

(1) Any other individual is laid off from the same or substantially equivalent job;

(2) An employer has terminated a regular employee and filled the vacancy with a participant;

(3) An employer has caused an involuntary reduction in the workforce and filled the vacancy with a participant;

(4) An employer has caused an involuntary reduction below full-time hours of any employee in the same or substantially equivalent job;

(5) An employer has caused an involuntary reduction in wages or employment benefits;

(6) Placement of a recipient will violate an existing collective bargaining agreement, unless the labor organization and the employer provide a written concurrence;

(7) The job is created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;

(8) The placement is the equivalent of filling an established unfilled position vacancy, or is the equivalent of performing a job that is substantially similar to the vacant position, unless the participant is given a bona fide opportunity to apply for the position as an unsubsidized employee after 18 weeks of satisfactory service in the position; or

(9) There is a hiring freeze for positions that are the same or substantially similar to the position performed by the participants.


(July 18, 2000, D.C. Law 13-150, § 9, 47 DCR 4644; May 2, 2015, D.C. Law 20-263, § 2(h), 62 DCR 1518.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-263 rewrote the introductory language.


§ 32–1609. Grievance procedure.

The Mayor shall direct the Workforce Investment Council to establish and maintain a procedure to receive grievances or complaints alleging violations of the Federal Act from participants and other interested or affected parties. The procedure shall be in accordance with section 181(c) [29 U.S.C. § 2931 ] of the Federal Act.


(July 18, 2000, D.C. Law 13-150, § 10, 47 DCR 4644; May 2, 2015, D.C. Law 20-263, § 2(i), 62 DCR 1518.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-263 substituted “Workforce Investment Council” for “Office of Human Rights.”


§ 32–1610. Use of funds for employment and training activities.

(a) The District’s state workforce investment board shall develop policies and procedures pertaining to the use of funds pursuant to section 134 [29 U.S.C. § 2864] of the Federal Act.

(b) Repealed.

(b-1) The WIC shall establish policies and procedures for the development of a one- stop delivery system consistent with the requirements of sections 121 and 134(c) of the Federal Act, including policies and procedures for the certification of American Job Centers and the selection of one-stop operators consistent with the requirements of section 121(d) of the Federal Act.

(b-2) The WIC shall develop policies and procedures to ensure that American Job Centers provide:

(1) Core services, as described in section 134(d)(2) of the Federal Act;

(2) Access to intensive career services, as described in section 134(d)(3) of the Federal Act; and

(3) Training services, as described in 134(d)(4) of the Federal Act and consistent with the requirements in § 32-1607.

(c) Intensive services offered by the one-stop delivery system may include addiction recovery. Consistent with this subchapter, intensive services may also include short-term prevocational services that raise job seekers’ basic reading, writing and computational skills to enable them to compete for jobs.

(d) Repealed.

(d-1) The policies and procedures required by subsection (b-2) of this section shall ensure that eligible individuals seeking services through American Job Centers receive an initial assessment of aptitudes and abilities that is non-gender biased and that assesses a woman’s interest in high-wage employment, including for positions that are nontraditional employment for women.

(e) Consistent with this subchapter, job seekers who are employed, but do not earn a self-sufficient wage, shall be eligible for intensive services.

(f) Any funds expended pursuant to this section shall be appropriated by the Council of the District of Columbia.


(July 18, 2000, D.C. Law 13-150, § 11, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(f), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(j), 62 DCR 1518.)

Section References

This section is referenced in § 1-328.05.

Effect of Amendments

D.C. Law 17-353, in subsecs. (a) and (f), validated previously made technical corrections.

The 2015 amendment by D.C. Law 20-263 rewrote (a); repealed (b) and (d); and added (b-1), (b-2), and (d-1).


§ 32–1610.01. Youth activities.

(a) The WIC shall develop policies and procedures for the selection of providers of youth employment and training services consistent with the requirements of section 123 of the Federal Act.

(b) The policies and procedures required by subsection (a) of this section shall ensure that the providers of youth employment and training activities are selected on a competitive basis.


(July 18, 2000, D.C. Law 13-150, § 11a; as added May 2, 2015, D.C. Law 20-263, § 2(k), 62 DCR 1518.)


§ 32–1611. One-stop partners. [Repealed]

Repealed.


(July 18, 2000, D.C. Law 13-150, § 12, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(g), 56 DCR 1117; May 2, 2015, D.C. Law 20-263, § 2(l), 62 DCR 1518.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction by substituting “Council” for “Board”.


§ 32–1611.01. Mandatory partner programs.

(a) With the approval of the Mayor, WIC shall develop and enter into a memorandum of agreement with mandatory partner programs consistent with the requirements of section 121(c) of the Federal Act.

(b) To the extent that they are available in the District, the mandatory partner programs required by subsection (a) of this section shall include the:

(1) Workforce Investment Act Adult program;

(2) Workforce Investment Act Youth program;

(3) Workforce Investment Act Dislocated Worker program;

(4) Wagner-Peyser Act programs and activities;

(5) Local Veterans Outreach program;

(6) Disabled Veterans Outreach program;

(7) Trade Adjustment Assistance;

(8) Senior Community Service Employment Program, as authorized under Title V of the Older Americans Act of 1965, approved October 17, 2006 (120 Stat. 2522; 42 U.S.C. § 3056);

(9) Unemployment insurance programs authorized under District of Columbia unemployment compensation laws;

(10) Vocational rehabilitation programs, as authorized under Parts A and B of the Title I of the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1093; 29 U.S.C. § 720);

(11) Any postsecondary career and technical education activities authorized under the Vocational Education Act of 1963, approved August 12, 2006 (120 Stat. 684; 20 U.S.C. § 2301);

(12) Adult education and literacy activities authorized under Title II of WIA;

(13) Employment and training activities carried out under the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2728; 42 U.S.C.§ 9901);

(14) Job-readiness training and employment-placement assistance under section 3 of the Housing and Urban Development Act of 1968, approved August 1, 1968 (82 Stat. 476; 12 U.S.C. § 1701u); or

(15) Job Corps activities.


(July 18, 2000, D.C. Law 13-150, § 12a; as added May 2, 2015, D.C. Law 20-263, § 2(m), 62 DCR 1518.)


§ 32–1612. Regional cooperation.

This subchapter encourages the Council to work with its Maryland and Virginia counterparts to develop a regional information sharing system that allows one-stops and welfare agencies in the District and surrounding jurisdictions to access information regarding regional employment opportunities, job training providers, and support services.


(July 18, 2000, D.C. Law 13-150, § 13, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(h), 56 DCR 1117.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction by substituting “Council” for “Board”.


§ 32–1612.01. Reference.

(a) Except as otherwise specified, a reference in this subchapter to a section or provision of the Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C. § 2822), shall be deemed to be a reference to the corresponding provision of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (Pub. L. No 113-128; 128 Stat. 1425).

(b) This section shall apply as of July 22, 1014 [2014].


(July 18, 2000, D.C. Law 13-150, § 13a; as added May 2, 2015, D.C. Law 20-263, § 2(n), 62 DCR 1518.)


§ 32–1613. Disclosure of information by the Council.

The Council shall not withhold information from the public regarding its operations, procedures, and decisions that would otherwise be subject to disclosure under subchapter II of Chapter 5 of Title 2.


(July 18, 2000, D.C. Law 13-150, § 14, 47 DCR 4644; Mar. 25, 2009, D.C. Law 17-353, § 129(i), 56 DCR 1117.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction by substituting “Council” for “Board”.


Subchapter I-A. Workforce Development System Expenditure Guide.

§ 32–1621. Definitions.

For the purposes of this subchapter, the term:

(1) "Adult education program" means a program, other than a program that is part of the conventional kindergarten through grade 12 educational system funded by the Uniform Per Student Funding Formula, that offers services or instruction below the college level for adults who:

(A) Lack mastery of basic educational skills;

(B) Do not have a certificate of graduation from a school providing secondary education and who have not achieved an equivalent level of education; or

(C) Have limited ability in speaking, reading, writing, or understanding the English language.

(2) "Course of training" means the totality of services within a workforce development or adult education program designed to assist participants in obtaining a particular skill, scope of knowledge, or credential.

(3) "Funding vehicle" includes grants, contracts, and human care agreements.

(4) "Guide" means the Workforce Development Expenditure Guide.

(5) "Occupation" means the broad occupation code and associated title assigned to a particular category of work in the most recent edition of the Standard Occupational Classification Manual published by the U.S. Bureau of Labor Statistics.

(6) "Participant" means a person who participates or participated in a program, as defined by program rules established by the program's administering or funding agency.

(7) "Personally identifiable information" means information that can be used to distinguish or trace an individual's identity, such as the individual's name, social security number, or biometric records, alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date and place of birth or mother's maiden name.

(8) "Program" means each activity, sub-activity, pilot program, or project, including those funded through memoranda of understanding between agencies, that is managed, administered, overseen, or funded by a District agency. Where a District agency provides a service, a program is the most discrete unit of services in which an individual can participate. Where a provider receives District funding to provide a service, a program is the most discrete level at which a provider can apply for such funding.

(9) "Provider" means an organization that provides any service as part of a workforce development or adult education program with funding obtained from a District agency, including federal funding managed, administered, or overseen by a District agency.

(10) "Public charter school program" means a program provided by a District public charter school with funds from the Uniform Per Student Funding Formula.

(11) "Sector" means the category of the occupation for which an individual trained or prepared and includes the high-demand sectors identified by the Workforce Investment Council.

(12) "Service" includes post-secondary education, credential preparation, workforce training, work-readiness or job-readiness training, workforce preparation, occupational skills training, subsidized work experience, unsubsidized work experience, job search and job placement, case management, and assistance to employers regarding hiring or training.

(13) "Target population" means the individuals that a program is designed to serve, identified by reference to shared demographic characteristics such as age range, gender, or race, or status as English-language-learners, hard-to-serve individuals, individuals with a physical disability, or individuals with an intellectual or developmental disability.

(14) "WIC" means the Workforce Investment Council.

(15) "Workforce development program" means a program that provides any service that supports and increases the capacity of individuals to enter and remain a part of the labor market, excluding programs that are:

(A) Part of the conventional kindergarten through grade 12 educational system and funded by the Uniform Per Student Funding Formula;

(B) Four-year college degree programs or post bachelor's degree programs; or

(C) Federally or locally funded scholarships for post-secondary, degree-granting, or credit-based programs.


(May 5, 2018, D.C. Law 22-95, § 101, 65 DCR 2861.)

Applicability

Section 7030 of D.C. Law 22-168 repealed section 301 of D.C. Law 22-95 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-95 has been implemented.

Applicability of D.C. Law 22-95: § 301 of D.C. Law 22-95 provided that the creation of this section by § 101 of D.C. Law 22-95 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 32–1622. Workforce Development System Expenditure Guide.

(a) The WIC shall develop a Workforce Development System Expenditure Guide.

(b)(1) By February 1, 2019, and annually by February 1 thereafter, the WIC shall transmit the guide to the Council and post it online.

(2)(A) The WIC shall make the guide available in the form of a manipulable, non-image-based, digital spreadsheet to any interested party within 2 business days of receiving a request for the guide in such format.

(B) The WIC may present the guide publicly in other formats.

(C) The guide shall be organized primarily by programs, which shall be grouped by the agency that provides the largest portion of funding.

(c)(1) The guide shall present the information required pursuant to subsections (d) through (f) of this section for workforce development and adult education programs that the District manages, administers, oversees, or funds, in whole or in part, including programs funded with federal dollars.

(2) The first version of the guide, due February 1, 2019, and all subsequent versions of the guide, shall include information required by subsections (d) through (f) of this section for all workforce development and adult education programs managed, administered, overseen, or funded by the:

(A) Department of Disability Services;

(B) Department of Employment Services;

(C) Department of Human Resources;

(D) Department of Human Services;

(E) Deputy Mayor for Greater Economic Opportunity;

(F) Office of the State Superintendent of Education; and

(G) WIC.

(3) The second version of the guide, due February 1, 2020, and all subsequent versions of the guide shall include information required by subsections (d) through (f) of this section for all workforce development and adult education programs managed, administered, overseen, or funded by the:

(A) Child and Family Services Agency;

(B) Department of Behavioral Health;

(C) Department of Corrections;

(D) Department of Energy and Environment;

(E) Department of Public Works;

(F) Department of Transportation;

(G) Department of Youth Rehabilitation Services;

(H) Deputy Mayor for Education;

(I) District of Columbia Public Schools;

(J) The Executive Office of the Mayor;

(K) Office of Cable Television, Film, Music, and Entertainment;

(L) Office of Latino Affairs;

(M) University of the District of Columbia Community College; and

(N) Any other District agency that manages, administers, oversees, or funds workforce development or adult education programs.

(4) All versions of the guide shall include information on public charter school programs that is equivalent to the information delineated in subsections (d) through (f) of this section and that is publicly available. This information may include public information available from the Public Charter School Board, Office of the State Superintendent of Education, or Deputy Mayor for Education.

(d) For each program, the guide shall include the following information for the most recently completed program year:

(1) The name of the program;

(2) The name of the administering agency and the name of the funding agency, if different;

(3) The division or program and activity names and numerical codes used to designate the program in the agency budget and financial plan prepared by the Chief Financial Officer;

(4) A brief description of the program, which may include target populations, program length, educational or other eligibility requirements, or other information;

(5) Information about funding sources and program costs, including:

(A) Amount of funding by revenue type (e.g., federal, local, or special purpose revenue);

(B) Federal grant name, if applicable;

(C) Funding vehicle type for programs that utilize providers;

(D) Portion of funding utilized for wage subsidies, if applicable; and

(E) Cost per participant;

(6) List of services provided, and, for each service, whether it is delivered by providers or directly by a District agency;

(7) Names of courses of training, where applicable;

(8) The sectors and occupations for which the program is designed to prepare participants, where applicable;

(9) Number of participants;

(10) A percentage breakdown of total participants by race and gender;

(11) Performance metrics, targets, and outcomes consistent with the requirements of subsections (f) and (g) of this section;

(12) Information on the use of electronic data matching to determine outcomes data, as described in subsection (g)(1) of this section, such as the outcomes metrics for which data matching was used, the extent of use, and other methods of data collection that were utilized; and

(13) For each provider, in programs that utilize providers:

(A) Provider name;

(B) Names of courses of training provided, where applicable;

(C) Total number of participants;

(D) Number of participants per course of training;

(E) List of services offered, delineated by each course of training, where applicable;

(F) Sector and occupation for which each course of training is designed to prepare participants;

(G) Amount of workforce development or adult education program funding received from District agencies, including federal funding administered by District agencies, which shall include:

(i) Total funding; and

(ii) Funding for each course of training, if applicable;

(H) The initial educational functioning level of program participants, if available; and

(I) Performance metrics, targets, and outcomes as required pursuant to subsections (f) and (g) of this section.

(e) The guide may include any other information to provide context for performance outcomes of programs or providers.

(f)(1) The guides submitted by February 1, 2019, and February 1, 2020, shall provide numerical performance outcomes targets, where available, performance outcomes, and data components for all performance metrics that the District or providers track according to law, program policy, or practice as of May 5, 2018.

(2) The guide submitted by February 1, 2021, and annually thereafter, shall report, for all workforce development and adult education programs covered by subsections (c)(2) and (3) of this section:

(A) The participant completion rate, as defined by the program, and the definition of completion used;

(B) Any numerical performance outcomes targets adopted by the agency or set in accordance with local or federal law; and

(C) The same performance outcome measures required by section 116(b)(2) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1471; 29 U.S.C. § 3141(b)(2)), and related regulations and sub-regulatory guidance published by the U.S. Department of Labor, excluding measures of effectiveness at serving employers.

(3) Notwithstanding paragraphs (1) and (2) of this subsection, for public charter school programs, the guide shall report outcomes as they appear in publicly available materials.

(g)(1)(A) At the discretion of the agency that administers or manages the program, the primary means of collecting outcomes data shall be by electronically matching program records with unemployment insurance wage records and other appropriate information, such as data from the National Student Clearinghouse, data from the Federal Employment Data Exchange System, and records available from other states.

(B) Information may be collected by other means, such as direct contact with past participants.

(2) Upon request from the WIC or a District agency that administers or manages a workforce development or adult education program, and pursuant to a legally executed memorandum of understanding or other legal instrument, the Department of Employment Services ("DOES") shall electronically match and provide to the WIC, or such District agency, employment and earnings outcomes data referred to by subsection (f)(2)(C) of this section, utilizing data from the unemployment insurance wage records or other data to which DOES has primary or exclusive access.


(May 5, 2018, D.C. Law 22-95, § 102, 65 DCR 2861.)

Applicability

Section 7030 of D.C. Law 22-168 repealed section 301 of D.C. Law 22-95 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-95 has been implemented.

Applicability of D.C. Law 22-95: § 301 of D.C. Law 22-95 provided that the creation of this section by § 102 of D.C. Law 22-95 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 32–1623. Requirement to share information.

District agencies that manage, administer, oversee, or fund workforce development or adult education programs covered pursuant to § 32-1622(c) shall transmit to the WIC the information necessary to create the guide no later than 60 days after receiving a request from the WIC for such information; provided, that:

(1) An agency shall not be required to disclose information specifically protected from disclosure to another agency pursuant to District or federal law;

(2) An agency shall not be required to transmit individual-level or personally identifiable information without a legally executed memorandum of understanding or similar legal instrument;

(3) All agencies shall comply with all relevant privacy laws and no personally identifiable information shall be publicly released or made publicly available; and

(4) The Public Charter School Board shall not be required to transmit the information required by this subchapter, although the WIC may request such information from the Public Charter School Board.


(May 5, 2018, D.C. Law 22-95, § 103, 65 DCR 2861.)

Applicability

Section 7030 of D.C. Law 22-168 repealed section 301 of D.C. Law 22-95 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-95 has been implemented.

Applicability of D.C. Law 22-95: § 301 of D.C. Law 22-95 provided that the creation of this section by § 103 of D.C. Law 22-95 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


Subchapter II. Workforce Investment Implementation Individual Training Accounts Limitation.

§ 32–1631. Limits on funding Individual Training Accounts.

(a) Beginning January 1, 2015, or upon the effective date of [D.C. Law 20-263, effective May 2, 2015], whichever occurs first, no eligible training provider shall be eligible to receive funding for more than 5 individual training accounts in a calendar year unless at least 25% of the students participating in the entity’s training programs are funded by sources other than the individual training accounts.

(b) Beginning January 1, 2016, no eligible training provider shall be eligible to receive funding for more than 5 individual training accounts in a calendar year unless at least 50% of the students participating in the entity’s training programs are funded by sources other than the individual training accounts.

(c) WIC shall establish a procedure by which eligible training providers shall certify as to:

(1) The total number of students enrolled in the eligible training provider’s training programs;

(2) The number of students who are funded by sources other than individual training accounts; and

(3) The percentage calculated using the number in paragraph (1) of this subsection as the denominator and the number in paragraph (2) of this subsection as the numerator.

(d) For the purposes of this section, the term:

(1) “Eligible training provider” shall have the same meaning as provided in § 32-1602(1A).

(2) “Individual training account” shall have the same meaning as provided § 32-1602(1B).


(Dec. 7, 2004, D.C. Law 15-205, § 1142, 51 DCR 8441; May 2, 2015, D.C. Law 20-263, § 3(a), (b)(1), (c), 62 DCR 1518.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-263 rewrote (a) to (c); and added (d).

Emergency Legislation

For temporary (90 day) workforce investment implementation individual training accounts limitation provisions, see § 1142 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) workforce investment implementation individual training accounts limitation provisions, see § 1142 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Short Title

Short title of subtitle M of title I of Law 15-205: Section 1141 of D.C. Law 15-205 provided that subtitle M of title I of the act may be cited as the Workforce Investment Implementation Individual Training Accounts Limitation Amendment Act of 2004.

Editor's Notes

Applicability of D.C. Law 20-263: Section 3(b)(2) of D.C. Law 20-263 provided that § 3(b)(1) of the act, which amended subsection (c) of this section, shall apply as of October 1, 2014.


Subchapter III. Educational Stepladder Program.

§ 32–1651. Establishment of the Educational Stepladder program.

(a) There is established an Educational Stepladder program. The Educational Stepladder program shall provide funding for undertrained and unemployed District residents to enroll in certain certificate courses that are, in consultation with the Department of Employment Services (“DOES”):

(1) Offered by institutions of higher education accredited by the Middle States Association of Colleges and Schools and located in the District of Columbia; and

(2) Approved by the Workforce Investment Council (“Council”), established by § 32-1603.

(b) An institution of higher education described in subsection(a)(1) of this section that seeks to become a participant in the Educational Stepladder program is encouraged to enter into discussions with business and industry leaders to ascertain what workforce skills and knowledge are in demand so that the institution can design its course offerings to meet actual workforce needs in the District. The Council shall approve only courses that are:

(1) Tailored to the needs of the job market in the District;

(2) Designed to provide the student with marketable knowledge or a marketable skill;

(3) A maximum of 12 months in duration; and

(4) Student aid or grant eligible.


(Dec. 7, 2004, D.C. Law 15-205, § 1152, 51 DCR 8441; Mar. 2, 2007, D.C. Law 16-191, § 99(a), 53 DCR 6794.)

Section References

This section is referenced in § 32-1603, § 51-109.01, and § 51-110.

Effect of Amendments

D.C. Law 16-191, in subsecs. (a)(2) and (b), substituted “Council” for “Board”.

Emergency Legislation

For temporary (90 day) educational stepladder, see §§ 2 to 7 of Educational Stepladder Emergency Act of 2001 (D.C. Act 14-220, December 21, 2001, 49 DCR 400).

For temporary (90 day) educational stepladder, see §§ 2 to 7 of Educational Stepladder Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-303, March 25, 2002, 49 DCR 3395).

For temporary (90 day) addition, see § 1152 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 1152 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Temporary Legislation

For temporary (225 day) additions, see §§ 2 to 7 of Educational Stepladder Temporary Act of 2002 (D.C. Law 14-111, April 13, 2002, law notification 49 DCR 4059).

Short Title

Short title of subtitle N of title I of Law 15-205: Section 1151 of D.C. Law 15-205 provided that subtitle N of title I of the act may be cited as the Educational Stepladder Act of 2004.


§ 32–1652. Funding of program.

(a) The DOES shall make individual training account (“ITA”) funds received by the District pursuant to the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C. § 2801 et seq.), available to pay for a student’s enrollment in a certificate course; provided, that the course has been approved pursuant to the procedures and criteria established by this subtitle, and by the Council, in consultation with the DOES.

(b) The Council’s proposed procedures and criteria shall be submitted to the Council of the District of Columbia for a 30-day period of review, excluding days of Council of District of Columbia recess. If the Council of the District of Columbia does not approve or disapprove the procedures and criteria by resolution within this 30-day period, the procedures and criteria shall be deemed approved.

(c) Prior to expending ITA funds to pay for a student’s enrollment in an approved course, the institution or the student shall apply for any grant funds available to the institution or to the student for this purpose. In the case of a student who meets the eligibility requirements for a grant and who has made timely application for such grant but the funds have not been received by the institution, the institution shall credit the student’s account in the amount of the grant. Upon receipt of the grant, the institution shall apply the funds received to the student’s account. In the case where a grant is available, ITA funds shall be used to the extent that the cost of the course exceeds the amount of grant funds received.


(Dec. 7, 2004, D.C. Law 15-205, § 1153, 51 DCR 8441; Mar. 2, 2007, D.C. Law 16-191, § 99(b), 53 DCR 6794.)

Effect of Amendments

D.C. Law 16-191, in subsecs. (a) and (b), substituted “Council” for “Board”; and, in subsec. (b), substituted “Council of the District of Columbia” for “Council”.

Emergency Legislation

For temporary (90 day) addition, see § 1153 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 1153 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 32–1653. Funding of students.

Pursuant to § 51-109.01, a student enrolled in an Educational Stepladder program approved course and who maintains a satisfactory level of attendance and achievement in the program and who is:

(1) Receiving unemployment insurance compensation shall be eligible for an extension of benefits for the duration of the program, up to a maximum amount of 52 times his or her weekly benefit amount, or 100% of the wages for employment paid the individual by employers during his or her base period, whichever is the lesser; this total amount includes regular benefits and any federal extension that may be in effect; or

(2) Not receiving unemployment insurance compensation may be eligible for a weekly monetary benefit equal to the unemployment insurance compensation weekly benefit amount a person earning minimum wage would receive, to the extent that funds are available, for the duration of the program, up to a maximum of 52 times the calculated weekly benefit.


(Dec. 7, 2004, D.C. Law 15-205, § 1154, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 1153 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 1153 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


Subchapter III-A. Adult Literacy Task Force.

§ 32–1661. Definitions; Task Force established; member ship; duties.

(a) For the purposes of this subchapter, the term:

(1) “Basic skills program” means a secondary, post-secondary, or alternative education or training program that helps individuals enhance the reading, writing, math, English language, digital literacy, or problem-solving skills that adults need to succeed in a job, occupational training, or postsecondary education.

(2) “Career pathways” means an approach to connecting progressive levels of basic skills and postsecondary education, training, and supportive services in specific sectors or cross-sector occupations in a way that optimizes the progress and success of individuals (including those with limited education, English skills, or work experience) in securing marketable credentials, family-supporting employment, and further education and employment opportunities.

(3) “High-demand occupations or sectors” means occupations or sectors consistent with the Workforce Investment Council’s current Workforce Investment Act of 1998 Demand Occupation List.

(4) “Task Force” means the Adult Career Pathways Task Force established in subsection (b) of this section.

(b) Beginning October 1, 2014, the Mayor shall establish an Adult Career Pathways Task Force that shall have as its purpose development of a city-wide strategic plan for connecting adult basic skills programs administered in the District to career pathways.

(c) The Task Force shall be convened by the Workforce Investment Council, and shall consist of the following 17 members:

(1) The Chairman of the Council, or his or her designee;

(2) The Chair of the Workforce Investment Council, or his or her designee;

(3) The Deputy Mayor for Education, or his or her designee;

(4) The State Superintendent of Education, or his or her designee;

(5) The Chancellor of the District of Columbia Public Schools, or his or her designee;

(6) The Chair of the Public Charter School Board, or his or her designee;

(7) The Director of the Department of Employment Services, or his or her designee;

(8) The Director of the Department of Human Services, or his or her designee;

(8A) The Director of the Department on Disability Services, or his or her designee;

(9) The Executive Director of the D.C. Public Library, or his or her designee;

(10) A representative of the University of the District of Columbia Community College, appointed by the President of the University of the District of Columbia; and

(11) Six community representatives, appointed by the Mayor, as follows:

(A) A representative of a District organization engaged in the direct provision of a basic skills program;

(B) A representative of a District school engaged in the direct provision of a basic skills program;

(C) A representative of a District job training provider; and

(D) Three representatives of the District business community that the Workforce Investment Council determines are from in-demand industry sectors, as defined by section 3(23) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1433; 29 U.S.C. § 3102(23)).

(d) No later than September 30, 2015, the Task Force shall submit to the Council and the Mayor the city-wide strategic plan required under this section. The plan shall be developed in concert with the District’s state integrated workforce development plan required under the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.). In developing the strategic plan, the Task Force shall:

(1) Review best practices for improving literacy, numeracy, and technology skills for adults;

(2) Review and analyze adult basic skills programs currently administered by the Office of the State Superintendent of Education, the District of Columbia Public Schools, the District of Columbia Public Charter Schools, the University of the District of Columbia Community College, the District of Columbia Public Library, and other agencies identified by the Task Force , with focus provided to the missions and goals of the various programs, the types of credentials offered, the degree of funding levels, the age and educational functioning level of students at time of program entry and the rates of gains upon completion, and the degree to which the program partners with job training providers, postsecondary education programs, or employers;

(3) Consult with stakeholders, including the following:

(A) Organizations with research or policy expertise in adult basic skills programs and career pathways;

(B) Organizations focused on adult education and workforce development research or service provision;

(C) Representatives of the District’s business community in high-demand occupations or sectors that the Task Force has identified for potential career pathways; and

(D) Representatives from the philanthropic community;

(4) Perform an analysis of evidence-based approaches for helping adult learners with different needs and skill levels advance in career pathways, with special attention paid to practices for adult learners with basic skills below the 6th grade level;

(5) Develop a city-wide mission statement for ensuring that adult learners have access to career pathways by 2020 and annual benchmarks for measuring progress toward that goal;

(6) Analyze the high-demand occupations or sectors in which career pathways can be developed;

(7) Develop responsibilities among the Task Force agencies for meeting the citywide goals, including recommendations to better align policies and practices around support services;

(8) Develop common performance definitions and measures that adult basic skills programs will use to track progress, including educational gains, secondary school diploma or equivalent credential attainment, employment placement and retention, entrance into postsecondary education or training, and other credential completion; and

(9) Analyze existing professional development opportunities for adult educators and develop a strategy for addressing any identified gaps.

(e) Following the completion of the city-wide strategic plan, the Workforce Investment Council shall convene the Task Force on a quarterly basis to track implementation of the strategy.


(Feb. 26, 2015, D.C. Law 20-155, § 2122, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 2112, 62 DCR 10905; May 5, 2018, D.C. Law 22-96, § 3, 65 DCR 2868.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “14 members” for “13 members” in the introductory language of (c); added (c)(8A); rewrote the introductory language of (d); and substituted “secondary school diploma or equivalent credential attainment” for “GED or secondary school diploma attainment” in (d)(8).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Adult Career Pathways Task Force Expansion Emergency Amendment Act of 2018 (D.C. Act 22-256, Feb. 7, 2018, 65 DCR 1593).

For temporary (90 days) addition of this subchapter, see § 2122 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this subchapter, see § 2122 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this subchapter, see § 2122 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2112 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


Subchapter IV. Adult Training Funding. [Repealed]

§ 32–1671. Use of local funds designated for adult training. [Repealed]

Repealed.


(Mar. 3, 2010, D.C. Law 18-111, § 2261, 57 DCR 181; Feb. 26, 2015, D.C. Law 20-155, § 9015, 61 DCR 9990.)

Emergency Legislation

For temporary (90 day) addition, see § 2261 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 days) repeal of this section, see §§ 9015 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see § 9015 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9015 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Short title: Section 2260 of D.C. Law 18-111 provided that subtitle BB of title II of the act may be cited as the “Adult Training Funding Act of 2009”.

Editor's Notes

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9015 of the act shall apply as of September 30, 2014.


Subchapter V. Healthcare Workforce Partnership.

§ 32–1681. Definitions.

(1) "HWI grant" means the grant awarded to the Intermediary pursuant to § 32-1682.

(2) "Intermediary" means the entity selected to be the Healthcare Workforce Intermediary pursuant to § 32-1682.

(3) "Partnership" means the Healthcare Workforce Partnership established pursuant to § 32-1684.

(4) "Training" means occupational skills training for occupations in the healthcare sector.

(5) "WIC" means the Workforce Investment Council.

(6) "WIOA" means the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.).


(Dec. 3, 2020, D.C. Law 23-149, § 2072, 67 DCR 10493.)


§ 32–1682. Establishment of a Healthcare Workforce Intermediary.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a)(1) By December 1, 2020, the WIC shall select, through award of a grant, the Healthcare Workforce Intermediary to establish, convene, and assist the Healthcare Workforce Partnership.

(2) Consistent with part B of subchapter XII-A of Chapter 3 of Title 1, the WIC shall issue multi-year grants for a period of 4 years, subject to the availability of funds.

(b) The entity selected to be the Intermediary shall:

(1) Be a nonprofit organization, industry association, or community-based organization;

(2) Have a proven track record of success convening healthcare sector employers or have a significant role in the healthcare sector;

(3) Have existing relationships with training providers; and

(4) Have a proven track record of successful fundraising.

(c) Over the course of the HWI grant, the WIC shall:

(1) Provide technical assistance to the Partnership through the Intermediary, which may include:

(A) Assisting the Partnership in obtaining data and information from District agencies;

(B) Providing the Partnership with customized labor market and economic analysis;

(C) Providing the Partnership with education and guidance on WIOA; and

(D) Providing the Partnership with information on the number of District residents that training providers have the capacity to train in healthcare occupations;

(2) Submit to the Partnership for feedback the proposed statement of work for any grant solicitation for the provision of training at least 30 days before issuing the request for proposals;

(2A) Submit to the Partnership for feedback the proposed statement of work for the direct care worker training grant outlined in § 32-1693.06; and

(3) Use the Partnership's Healthcare Occupations Reports to align District government funded workforce development training with current and future healthcare sector hiring needs in the District.


(Dec. 3, 2020, D.C. Law 23-149, § 2073, 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4120(a), 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4120(a) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that the amendments to this section made by § 4120(a) of D.C. Act 24-159 shall expire on September 30, 2024.


§ 32–1683. Intermediary duties.

The Intermediary shall:

(1) By July 1, 2021:

(A) Appoint members to the Partnership consistent with the criteria specified in § 32-1684(b)(3);

(B) Convene at least 4 Partnership meetings;

(C) Compose and transmit to the WIC the Partnership's first Healthcare Occupations Report, as described in § 32-1684(e);

(2) For the duration of the grant:

(A) Provide administrative support to the Partnership;

(B) Convene Partnership meetings at least quarterly;

(C) Compile and transmit to the WIC feedback from the Partnership on any statement of work for a proposed grant solicitation for the provision of training no more than 15 days after receiving the statement of work pursuant to § 32-1682(d)(2) [§ 32-1682(c)(2)];

(D) Work with the Partnership to coordinate and ensure provision of career coaching, screening and referral services, practice interviews, and job fairs for healthcare sector employment for qualified District training graduates;

(E) Facilitate requests for professional development and learning opportunities for training providers and training participants at healthcare facilities;

(F) Annually, compose and transmit the Partnership's Healthcare Occupations Report, as described in § 32-1684(e); and

(G) Perform additional duties on behalf of the Partnership consistent with the purposes of this subtitle and as funds permit; and

(3) During the fourth year of the HWI grant, raise private funds equal to the value of the HWI grant for that year, which the Intermediary shall reserve for use until after the expiration of the HWI grant in order to sustain the Partnership without dedicated District government funding.


(Dec. 3, 2020, D.C. Law 23-149, § 2074, 67 DCR 10493.)


§ 32–1684. Healthcare Workforce Partnership.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) The Intermediary shall establish the Healthcare Workforce Partnership, which shall work to increase the number of District residents employed in the healthcare sector and to meet the staffing needs of District healthcare employers, particularly of hospitals that receive District government funds.

(b)(1) The Director of the WIC, or the Director's designee, shall serve as a member of the Partnership.

(2) The Intermediary shall serve as a member of the Partnership and shall appoint community members in consultation with the WIC.

(3) Community members, the majority of which shall be healthcare sector employers, shall consist of the following:

(A) At least 5 employer representatives of the District's healthcare sector, which shall represent a variety of healthcare disciplines;

(B) At least one representative of a healthcare industry trade association;

(C) At least one representative from a labor organization that represents healthcare workers;

(D) At least one representative from a nonprofit organization that offers training programs;

(E) At least one representative from an adult education integrated education and training program, as defined in 34 C.F.R. § 463.35, in the healthcare sector; and

(F) At least one representative from an employer of workers who are certified nursing aides, certified home health aides, or medication aide certified, including licensed home health agencies, assisted living residences, adult day health programs, nursing facilities, and long-term direct healthcare providers.

(c) Community members shall serve for the duration of the HWI grant and may be reappointed.

(d) The Partnership shall meet at least once each quarter for the duration of the HWI grant.

(e) No later than July 1, 2021, and annually thereafter in advance of the start of a new fiscal year, the Partnership shall submit to the WIC, through the Intermediary, its Healthcare Occupations Report, which shall contain the following:

(1) Recommendations of 3 to 5 healthcare occupations requiring less than a bachelor's degree, which may include occupations for which incumbent workers may be upskilled, in which the District should invest in training;

(2) A summary of the occupational hiring needs of hospitals receiving or committed to receive District government funds, including an estimate of the number of workers needed, disaggregated by healthcare occupation;

(3) A recommendation of the number of District residents the WIC should train in the occupations identified pursuant to paragraph (1) of this subsection;

(4) A list of occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection;

(5) Recommendations of curricula for training in the occupations identified pursuant to paragraph (1) of this subsection;

(6) An explanation of the feasibility of providing virtual training or distance learning, and recommendations to implement virtual training;

(7) Customized healthcare career pathway maps for the occupations identified pursuant to paragraph (1) of this subsection;

(8) Recommendations of strategies and tactics to increase the capacity of training providers to train District residents; and

(9) Recommendations to attract District residents to, and retain District residents in, the occupations identified pursuant to paragraph (1) of this subsection, including necessary tactics to increase candidates' hard and soft skills and to reduce barriers to employment.


(Dec. 3, 2020, D.C. Law 23-149, § 2075, 67 DCR 10493; Aug. 23, 2021, D.C. Act 24-159, § 4120(b), 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4120(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that the amendments to this section made by § 4120(b) of D.C. Act 24-159 shall expire on September 30, 2024.


§ 32–1685. Establishment of a healthcare training program.

(a) By September 1, 2021, the WIC shall establish a healthcare training program ("program") to fund or arrange for training of District residents in a minimum of 2 healthcare occupations identified in the Partnership's first Healthcare Occupations Report, issued pursuant to § 32-1684(e), which may include one occupation for upskilling of incumbent workers.

(b) To provide training, the WIC may:

(1) Issue healthcare training grants ("grants") to train providers, pursuant to § 32-1603(c); or

(2) Partner with the University of the District of Columbia Community College or Office of the State Superintendent of Education.

(c)(1) If the program includes a grant, subject to availability of funds, each grant shall be for not less than $100,000 per year for 3 years to provide training for District residents.

(2) To be eligible for a grant, a grantee shall:

(A) Be licensed by the Higher Education Licensure Commission as a post-secondary institution, degree or non-degree seeking;

(B) Agree to utilize the training curricula recommended by the Partnership pursuant to § 32-1684(e)(5); and

(C) Demonstrate consistent successful attainment of the following benchmarks for its training participants:

(i) Completion of training;

(ii) Credential attainment;

(iii) Unsubsidized employment in the occupation of training; and

(iv) Retention of employment for 6 months or longer in the occupation of training.

(3) Preference shall be given to grant applicants utilizing an integrated education and training model, as defined 34 C.F.R. § 463.35.

(d)(1) The WIC shall utilize WIOA common performance measures to track program performance.

(2) The WIC shall report on the performance of the program as required by § 32-1622.

(e) The WIC shall make its best effort to use WIOA Title I funds to issue any grants authorized in this section.


(Dec. 3, 2020, D.C. Law 23-149, § 2076, 67 DCR 10493.)


§ 32–1686. Monitoring and evaluation.

By August 1, 2021, and annually thereafter, the WIC shall transmit to the Mayor and the Council the Healthcare Occupation Report developed by the Partnership pursuant to § 32-1684(e).


(Dec. 3, 2020, D.C. Law 23-149, § 2077, 67 DCR 10493.)


§ 32–1691.04. Program participation.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) To maintain eligibility for Program assistance, an individual shall:

(1) Maintain satisfactory academic progress;

(2) Be a resident of the District throughout enrollment in Program training; and

(3) Meet any other requirements determined by the WIC to be necessary or appropriate for Program participation.

(b)(1) In exchange for Program assistance, a Program participant shall agree to endeavor to remain a District resident for 6 months for each Program training course the participant completes.

(2) The WIC shall establish requirements and procedures to administer this subsection.


(Aug. 23, 2021, D.C. Act 24-159, § 4095, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4095 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


Subchapter VI. IT Community Training and Advisory Board.

§ 32–1691.01. Definitions.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

For the purposes of this subchapter:

(1) "Community training provider" means an entity in the District that has received an IT training grant awarded pursuant to § 32-1691.06.

(2) "Dual-enrollment" means enrollment at both a WIC-approved community-based IT training program and UDC-CC or WDLL.

(3) "IT" means information technology.

(4) "IT Board" means the Information Technology Occupational Advisory Board.

(5) "IT training" means occupational skills training that leads to an industry-recognized credential for IT jobs in any sector.

(6) "Program" means the Information Technology Investment Program established pursuant to § 32-1691.02.

(7) "Program participant" means a District resident who is enrolled in Program training and receiving Program assistance authorized pursuant to § 32-1691.02.

(8) "Program training" means any of the following, collectively or independently, as determined by context:

(A) Credit-bearing courses at UDC-CC that may be applied toward a UDC-CC degree;

(B) WDLL courses; or

(C) IT training through a community training provider.

(9) "Program training providers" means UDC-CC and WDLL, to the extent those entities are engaged in providing Program training, and community training providers.

(10) "Public health emergency" means the Coronavirus (COVID-19) public health emergency declared pursuant to Mayor's Order 2020-046, on March 11, 2020, and all subsequent extensions.

(11) "Satisfactory academic progress" means maintaining an academic standing consistent with the requirements for Program completion, as determined by the Program training provider.

(12) "UDC" means the University of the District of Columbia.

(13) "UDC-CC" means the UDC Community College.

(14) "UDC-CC degree" means the Associate of Science degree in Computer Science, Information Technology, or any of the technology academies offered through the UDC-CC.

(15) "WDLL" means the UDC-CC Division of Workforce Development and Lifelong Learning.

(16) "WDLL courses" means Information Technology and Office Administration Career Pathway courses offered through the WDLL.

(17) "WIC" means the Workforce Investment Council, established pursuant to § 32-1603.

(18) "WIOA" means the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.).


(Aug. 23, 2021, D.C. Act 24-159, § 4092, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4092 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.02. Establishment of the Information Technology Investment Program.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) The WIC, in collaboration with UDC, the University of the District of Columbia Foundation, Inc., and community training providers, shall establish the Information Technology Investment Program to provide financial assistance to District residents who seek to obtain IT occupational credentials through Program training and to support District residents in obtaining IT jobs. The WIC shall be responsible for providing funding for the Program consistent with the memoranda of understanding required pursuant to § 32-1691.05 and the IT training grants authorized pursuant to § 32-1691.06.

(b) The Program shall provide industry-informed, up-to-date IT training and certification at no cost to eligible District residents, who, under the Program, may receive the following financial assistance to pursue Program training:

(1) Payment of tuition, to the extent charged;

(2) Payment of academic costs, including the costs of books, supplies, and membership fees; and

(3) A monthly stipend to be used toward living expenses and transportation for participants pursuing WDLL courses or IT training through community training providers.

(c) Program training shall be offered at the UDC-CC campus and any WDLL satellite location and at community training provider sites located in the District, as approved by the WIC.

(d) Program marketing and public education shall be provided by UDC-CC, WDLL, and community training providers to attract District residents to the Program and for the duration of the Program.


(Aug. 23, 2021, D.C. Act 24-159, § 4093, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4093 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.03. Conditions of Program eligibility.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) To be eligible for Program assistance to pursue a UDC-CC degree, an individual shall:

(1) Meet the relevant enrollment requirements for a UDC-CC degree;

(2) Be a resident of the District;

(3) Have a stated interest in working in IT occupations;

(4) Not have already completed an associate degree in IT or a bachelor's degree at an institution of higher education; and

(5)(A) Have experienced unemployment or significant loss of income due to the public health emergency; or

(B) Have multiple barriers to employment, as determined by the WIC.

(b) To be eligible for Program assistance to pursue WDLL courses, an individual shall:

(1) Meet the eligibility criteria established pursuant to subsection (a)(2), (3), (4), and (5) of this section; and

(2) Meet the enrollment requirements for WDLL courses.

(c) To be eligible for Program assistance to pursue IT training through a community training provider, an individual shall:

(1) Meet the eligibility criteria established pursuant to subsection (a)(2), (3), (4), and (5) of this section; and

(2) Meet the enrollment requirements of the community training provider.

(d) Program training providers shall select Program participants according to the terms of the applicable memorandum of understanding or grant agreement with the WIC.


(Aug. 23, 2021, D.C. Act 24-159, § 4094, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4094 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.05. Memoranda of Understanding.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a)(1) No later than November 1, 2021, and by November 1 annually thereafter, the WIC shall execute Memoranda of Understanding ("MOU") with UDC and the University of the District of Columbia Foundation, Inc. ("Foundation") for the purpose of implementing the Program through UDC-CC, including WDLL, and authorizing the intradistrict transfer of funds in accordance with the terms of this subsection.

(2) The MOU with UDC shall, among other things, include funding from the WIC to support the following purposes in amounts to be determined by the parties:

(A) Tuition, required fees, equipment, supplies, tools, and memberships for Program participants who are full-time or part-time students enrolled at UDC-CC to obtain a UDC-CC degree;

(B) Required academic fees, equipment, supplies, tools, and membership fees for Program participants who are students enrolled in WDLL courses, and the salaries and fringe benefits of faculty and staff directly engaged in the provision of such courses;

(C) Reasonable costs of facilities and equipment upgrades necessary to provide Program training offered through UDC-CC, including WDLL;

(D) Marketing and recruitment activities to attract District residents to the Program; and

(E) Development of dual enrollment guidance and policies for the expansion of dual-enrollment programs.

(3) The MOU with UDC shall, among other things, include funding from the WIC to provide Program participants enrolled in WDLL courses monthly stipends to defray living expenses in amounts to be determined by the parties. UDC will disperse the stipends in a timely manner and apply criteria for providing stipends, which may include amounts for the following:

(A) Fees associated with occupational licensing exams;

(B) Reasonable transportation costs to and from classes; and

(C) Any other expenses considered appropriate by the WIC.


(Aug. 23, 2021, D.C. Act 24-159, § 4096, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4096 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.06. Establishment of IT training grants.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) Pursuant to § 32-1603(c), no later than January 31, 2022, and by November 1 annually thereafter, the WIC shall issue IT training grants ("grant") to eligible providers of IT training in the District.

(b) Grant recipients shall use funds received pursuant to this section to support the salaries and fringe benefits of faculty and staff engaged in the provision of IT training and to provide Program participants the financial assistance outlined in § 32-1691.02(b).

(c) Subject to availability of funds, the WIC shall award grants totaling not less than $1,875,000 per year with the option of one additional year based on performance results from previous years.

(d) To be eligible for a grant, an applicant shall:

(1) Be licensed by the Higher Education Licensure Commission as a postsecondary institution, degree or non-degree seeking; and

(2) Demonstrate that its IT training participants consistently and successfully attain the following benchmarks:

(A) Completion of IT training;

(B) Attainment of an IT occupational credential;

(C) Obtainment of unsubsidized employment in an IT occupation; and

(D) Retention of employment in an IT occupation for 6 months or longer.

(e) The WIC may give preference to grant applicants utilizing integrated education and training, as defined by 34 C.F.R. § 463.35.


(Aug. 23, 2021, D.C. Act 24-159, § 4097, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4097 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.07. Program performance and reporting.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) At the termination of each semester, UDC shall furnish to the WIC a statement of:

(1) The disaggregated number of Program participants by course who, during that semester, participated in one or more Program training courses;

(2) The total number of Program training course enrollments attributable to the Program participants identified pursuant to paragraph (1) of this subsection;

(3) The disaggregated number of Program participants included in the response to paragraph (1) of this subsection who successfully completed each Program training course and, who dropped out or otherwise did not complete a Program training course in which the Program participant had enrolled;

(4) The disaggregated number, by occupational credential, of Program participants who successfully secured an IT occupational credential; and

(5) The total number of Program participants who successfully secured employment in an IT occupation and the average starting wage.

(b) At the end of each fiscal year, the University shall furnish to the WIC a written accounting, for the previous year, of the monthly stipends dispersed, the number of Program participants who received monthly stipends, the average amount of stipend per Program participant, and the approved purposes for the monthly stipends.

(c) At the middle and end of each grant award cycle, a community training provider shall furnish to the WIC a report on the number of Program participants achieving the targets identified by the IT Advisory Report outlined in [§ 32-1691.10].

(d) The WIC shall:

(1) Use common performance measures outlined in section 116 of WIOA (29 U.S.C. § 3141), to track the performance of Program training providers; and

(2) Report on the performance of the Program as required by § 32-1622.

(e) Beginning no later than September 30, 2022, and by September 30 annually thereafter, the WIC shall furnish to the Mayor and the Council of the District of Columbia copies of the IT Advisory Report issued pursuant to § 32-1691.10 and a report, which shall include;

(1) Reporting on the attainment of the target performance outcomes established pursuant to [§ 32-1691.10];

(2) A narrative analysis on the effectiveness of the Program at increasing the number of District residents in IT occupations; and

(3) Recommendations on the expansion or extension of the Program beyond the terms of this subchapter, including any additional budgetary needs.


(Aug. 23, 2021, D.C. Act 24-159, § 4098, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4098 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.08. Program funding.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

The WIC shall make best efforts to use federal WIOA Title I Adult and Dislocated Worker funds to supplement funds appropriated for the purposes of implementing this subchapter.


(Aug. 23, 2021, D.C. Act 24-159, § 4099, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4099 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.09. Establishment of the Information Technology Occupational Advisory Board.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) The WIC shall establish an Information Technology Occupational Advisory Board, which shall work to advise UDC-CC, WDLL, and community training providers on their IT training courses to ensure a high quality of training, to maximize the employability of graduates of IT training course offerings, and to meet the IT staffing needs of employers in the District.

(b) After researching and analyzing existing IT occupational advisory boards in the District and the metropolitan region, the WIC shall determine the structure and membership of its IT Board. The WIC may use a third party to conduct the research and analysis and to make recommendations on the structure and membership of the IT Board.

(c) No later than March 1, 2022, the WIC's Executive Director shall provide to the WIC a recommendation on an IT Board structure, membership composition, membership selection process, and board duties.

(d) The WIC shall approve, deny, or amend the recommendation described in subsection (c) of this section by vote.

(e) The first meeting of the WIC-approved IT Board shall occur no later than July 1, 2022.


(Aug. 23, 2021, D.C. Act 24-159, § 4100, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4100 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.10. IT Advisory Report.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

No later than September 30, 2022, the WIC shall submit to the Mayor, Council, UDC-CC, WDLL, and community training providers, an IT Advisory Report, which shall contain the following:

(1) The number of District residents needed to meet hiring demands of District employers hiring for IT occupation jobs;

(2) The occupational credentials less than a bachelor's degree needed for District residents to be eligible for employment in IT occupations;

(3) The necessary hard and soft skills needed to succeed in IT occupations;

(4) Target performance outcomes for Program training providers to achieve pertaining to recruitment, enrollment, course or degree completion, credential attainment, employment, average starting wage, and retention of employment at 6 months and one year; and

(5) Recommendations for Program training providers on the following:

(A) New or additional IT courses that Program training providers should offer;

(B) Existing IT course offerings that Program training providers should expand;

(C) IT course content adjustments that could be made to align courses with skills needed on the job in IT occupations;

(D) Equipment and facilities upgrades necessary for relevant IT education and IT training to achieve the recommendations in paragraphs (1), (2), and (3) of this subsection; and

(E) Any other information deemed appropriate by the IT Board.


(Aug. 23, 2021, D.C. Act 24-159, § 4101, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4101 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


§ 32–1691.11. Sunset.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

This subchapter shall expire on September 30, 2024.


(Aug. 23, 2021, D.C. Act 24-159, § 4102, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4102 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).


Subchapter VII. Nurse Education Enhancement Program.

§ 32–1693.01. Definitions.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

For the purposes of this subchapter:

(1) "BON" means the Board of Nursing established pursuant [to] § 3-1202.04.

(2) "CNA" means a Certified Nursing Aide.

(3) "Community training provider" means an entity that has been approved by the BON to provide training to individuals to attain certification as a CNA, HHA, or MA-C.

(4) "Direct care worker" means an individual who is certified as a CNA, HHA, or MA-C.

(5) "Direct care worker training grant" means a grant issued pursuant to § 32-1693.06.

(6) "Direct care worker training grantee" means a community training provider that has received a direct care worker training grant.

(7) "Dual-enrollment" means enrollment in both a BON-approved training program and the University.

(8) "Healthcare Workforce Partnership" means the entity established pursuant to § 32-1684.

(9) "HHA" means Home Health Aide.

(10) "LPN to AASN degree" means a Licensed Practical Nurse to Associate in Applied Science in Nursing degree.

(11) "MA-C" means Medication Aide Certified.

(12) "Nursing care occupation" means an occupation that requires a worker to be certified as a CNA, HHA, MA-C, LPN, or RN.

(13) "Program" means the DC Nurse Education Enhancement Program established pursuant to this subtitle.

(14) "Program participant" means a District resident who is enrolled in Program training and receiving Program assistance authorized pursuant to § 32-1693.02.

(15) "Program training" means any of the following, collectively or independently, as determined by context:

"(A) Credit-bearing courses at UDC that may be applied toward an RN to BSN degree;

"(B) Credit-bearing courses at UDC-CC that may be applied toward an LPN to AASN degree;

"(C) WDLL courses; or

"(D) Training to obtain a certification as a CNA, HHA, or MA-C, or a CNA to HHA bridge program, through a community training provider.".

(16) "RN to BSN degree" means a Registered Nurse to Bachelor of Science in Nursing degree.

(17) "Satisfactory academic progress" means maintaining an academic standing consistent with the requirements for program completion, as determined by the Program training provider.

(18) "UDC" means the University of the District of Columbia.

(19) "UDC-CC" means the University of the District of Columbia Community College.

(20) "University" means, collectively, UDC, UDC-CC, and WDLL.

(21) "WDLL" means the UDC-CC Division of Workforce Development and Lifelong Learning.

(22) "WDLL courses" means courses offered through WDLL's Healthcare Direct Career Pathway Nursing Assistant program.

(23) "WIC" means the Workforce Investment Council, established pursuant to § 32-1603.

(24) "WIOA" means the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C § 3101 et seq.).


(Aug. 23, 2021, D.C. Act 24-159, § 4112, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4112 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.02. Establishment of the Nurse Education Enhancement Program.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) The WIC shall establish, in collaboration with the University, the University of the District of Columbia Foundation, Inc., and direct care worker training grantees, the DC Nurse Education Enhancement Program for the purpose of training District residents to obtain an occupational credential and employment in nursing care occupations. The WIC shall be responsible for providing funding for the Program consistent with the memoranda of understanding executed pursuant to § 32-1693.05 and the direct care worker training grants authorized pursuant to § 32-1693.06.

(b) The Program shall provide industry-informed, BON-approved training that leads to certifications required for nursing care occupations at no cost to eligible District residents, who, under the Program, may receive the following financial assistance to pursue Program training:

(1) Payment of tuition, to the extent charged;

(2) Payment of academic costs, including books, supplies, and membership fees; and

(3) A monthly stipend to be used toward living expenses and transportation for Program participants pursuing WDLL courses or certification as a CNA, HHA, MA-C, or a CNA to HHA bridge program, through a direct care worker training grantee.

(c) Program training shall be offered at the University's campuses and satellite locations and at community training provider sites located in the District.

(d) Program training shall be approved by the BON.

(e) Program marketing and public education shall be provided by the University and community training providers to attract residents to the Program and for the duration of the Program.

(f) The University shall review the recommendations and implement relevant sections of the Healthcare Occupations Report developed by the Healthcare Workforce Partnership pursuant to § 32-1684(e), to maintain and enhance course offerings to meet the workforce needs of nursing care occupations in the District.


(Aug. 23, 2021, D.C. Act 24-159, § 4113, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4113 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.03. Conditions of Program eligibility.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) To be eligible for Program assistance while pursuing an RN to BSN degree through UDC, an individual shall:

(1) Have met the enrollment requirements of UDC;

(2) Be a resident of the District;

(3) Have a stated interest in employment in a nursing care occupation;

(4) Have not already completed a bachelor's degree at an institution of higher education;

(5) Have previously obtained a credential as a CNA, HHA, or LPN; and

(6) Have been employed in the District for a minimum of 2 years as a CNA, HHA, or LPN with a healthcare employer.

(b) To be eligible for Program assistance while pursuing an LPN to AASN degree through UDC-CC, an individual shall:

(1) Meet the conditions outlined in subsection (a)(2), (3), and (4) of this section;

(2) Meet the enrollment requirements of UDC-CC;

(3) Have previously obtained a credential as a CNA, HHA, or MA-C; and

(4) Have been employed in the District for a minimum of 2 years as a CNA, HHA, or MA-C with a healthcare employer.

(c) To be eligible for Program assistance while pursuing certification as a CNA through WDLL, an individual shall:

(1) Meet the conditions outlined in subsection (a)(2), (3), and (4) of this section; and

(2) Meet the enrollment requirements of WDLL;

(d) To be eligible for Program assistance while pursuing a certification as a CNA, HHA, MA-C, or while pursuing a CNA to HHA bridge program, through a direct care worker training grantee, an individual shall:

(1) Meet the conditions outlined in subsection (a)(2), (3), and (4) of this section; and;

(2) Meet the enrollment requirements of the community training provider.

(e) The University and direct care worker training grantees shall select Program participants according to the terms of the applicable memorandum of understanding or grant agreement with the WIC.


(Aug. 23, 2021, D.C. Act 24-159, § 4114, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4114 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.04. Program participation.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) To maintain eligibility for Program assistance, an individual shall:

(1) Maintain satisfactory academic progress, as determined by the University or the direct care worker training grantee;

(2) Be a resident of the District throughout participation in Program training; and

(3) Meet any other requirements determined by the WIC to be necessary or appropriate.

(b)(1) In exchange for Program assistance, a Program participant shall agree to endeavor to remain a District resident for 6 months for each Program training course the participant completes.

(2) The WIC shall establish requirements and procedures to implement this subsection.


(Aug. 23, 2021, D.C. Act 24-159, § 4115, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4115 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.05. Memoranda of Understanding.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) No later than November 1, 2021, and by November 1 annually thereafter, the WIC shall execute Memoranda of Understanding ("MOU") with the University and the University of the District of Columbia Foundation, Inc. ("Foundation") for the purpose of implementing the Program at the University and authorizing the intradistrict transfer of funds in accordance with the terms of this subsection.

(b) The MOU with the University shall, among other things, include funding from the WIC to support the following purposes in amounts to be determined by the parties:

(1) Tuition, required fees, equipment, supplies, tools, and memberships for Program participants who are full-time or part-time students at UDC and UDC-CC seeking to obtain an RN to BSN degree or an LPN to AASN degree; provided, that the BON has approved such degree paths by the date of execution of the MOU; provided further, that the parties may modify the MOU to incorporate funding for BON-approved degree paths following BON approval.

(2) Required academic fees, equipment, supplies, tools, certification exam preparation fees, and memberships for Program participants who are students enrolled in WDLL courses, and the salaries and fringe benefits of faculty and staff directly engaged in the provision of such courses;

(3) Reasonable costs of facilities and equipment upgrades necessary for providing Program training through UDC-CC, including WDLL;

(4) Marketing and recruitment activities to attract District residents to the Program; and

(5) Development of dual enrollment guidance and policy for the expansion of dual-enrollment programs.

(c) The MOU with the Foundation shall, among other things, include funding from the WIC to provide Program participants enrolled in WDLL courses monthly stipends to defray living expenses in amounts to be determined by the parties, and may include amounts for the following:

(1) Fees associated with occupational licensing exams;

(2) Reasonable transportation costs to and from classes; and

(3) Any other expenses deemed appropriate by the WIC.


(Aug. 23, 2021, D.C. Act 24-159, § 4116, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4116 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.06. Establishment of direct care worker training grants.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) Pursuant to § 32-1603(c), no later than January 31, 2022, and by November 1 annually thereafter, the WIC shall issue direct care worker training grants ("grant") to community training providers according to this section.

(b) Grant recipients shall use funds received pursuant to this section to support the salaries and fringe benefits of faculty and staff engaged in training Program participants to become direct care workers and to provide Program participants the financial assistance outlined in § 32-1693.02(b).

(c) Subject to availability of funds, the WIC shall award grants totaling not less than $900,000 per year with the option of 2 additional years based on performance results from previous years.

(d) To be eligible for a grant, an applicant shall:

(1) Be located in the District;

(2) Be a community training provider; and

(3) Demonstrate that its training participants consistently and successfully attain the following benchmarks:

(A) Completion of direct care worker training;

(B) Direct care worker credential attainment;

(C) Obtainment of unsubsidized employment as a direct care worker in the occupation of training; and

(D) Retention of employment as a direct care worker in the occupation of training for 6 months or longer.

(e) The WIC may give preference to grant applicants utilizing integrated education and training, as defined by 34 C.F.R. § 463.35.


(Aug. 23, 2021, D.C. Act 24-159, § 4117, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4117 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.07. Program performance and reporting.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) At the termination of each semester, the University shall furnish to the WIC a statement of:

(1) The disaggregated number of Program participants by course who, during that semester, participated in each Program course;

(2) The total number of Program training course enrollments attributable to the Program participants identified pursuant to paragraph (1) of this subsection;

(3) The disaggregated number of Program participants included in the response to paragraph (1) of this subsection who successfully completed each Program training course and who dropped out or otherwise did not complete the Program training course in which the program participant had enrolled;

(4) The disaggregated number, by occupational credential, of Program participants who successfully secured a nursing care occupation credential; and

(5) The total number of Program participants who successfully secured employment in a nursing care occupation and average starting wage.

(b) At the end of each fiscal year, the University shall furnish to the WIC a written accounting, for the previous year, of the monthly stipends dispersed, number of Program participants who received monthly stipends, average amount of stipend per Program participant, and the approved purposes for the monthly stipends.

(c) At the middle and end of the grant award cycle, each direct care worker training grantee shall furnish to the WIC a report on Program participant outcomes pertaining to recruitment, enrollment, completion, credential attainment, employment average starting wage, and retention of employment at 6 months and one year.

(d) The WIC shall:

(1) Use common performance measures outlined in section 116 of WIOA (29 U.S.C. § 3141), to track the performance of the Program training providers;

(2) Report on the performance of the Program as required by § 32-1622; and

(3) No later than September 30, 2022, and by September 30 annually thereafter, furnish a report to the Mayor and the Council of the District of Columbia, which shall include:

(A) The data received pursuant subsections (a), (b), and (c) of this section;

(B) A narrative analysis on the effectiveness of the Program at increasing the number of District residents in nursing care occupations; and

(C) Recommendations on the expansion or extension of the Program beyond the terms of this subtitle, including any additional budgetary needs.


(Aug. 23, 2021, D.C. Act 24-159, § 4118, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4118 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.


§ 32–1693.08. Program funding.

*NOTE: This section was created by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

The WIC shall make best efforts to use federal WIOA Title I Adult and Dislocated Worker funds to supplement funds appropriated for the purposes of implementing this subchapter.


(Aug. 23, 2021, D.C. Act 24-159, § 4119, 68 DCR 008602.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 4119 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 4122 of D.C. Act 24-159 provided that this section shall expire on September 30, 2024.