2001 Minnesota Statutes

CHAPTER 116L. Minnesota job skills partnership

     116L.01 Definitions. 

    Subdivision 1.    Generally.  For the purposes of this 
 chapter, the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Partnership.  "Partnership" means the 
 Minnesota job skills partnership created by section 116L.02.  

    Subd. 3.    Board.  "Board" means the partnership board 
 created by section 116L.03.  

    HIST: 1983 c 334 s 1,7; 1987 c 384 art 13 s 27; 1987 c 386 art 
 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 s 270; 2001 c 7 s 30 

     116L.02 Job skills partnership program. 

    (a) The Minnesota job skills partnership program is created 
 to act as a catalyst to bring together employers with specific 
 training needs with educational or other nonprofit institutions 
 which can design programs to fill those needs.  The partnership 
 shall work closely with employers to train and place workers in 
 identifiable positions as well as assisting educational or other 
 nonprofit institutions in developing training programs that 
 coincide with current and future employer requirements.  The 
 partnership shall provide grants to educational or other 
 nonprofit institutions for the purpose of training workers.  A 
 participating business must match the grant-in-aid made by the 
 Minnesota job skills partnership.  The match may be in the form 
 of funding, equipment, or faculty. 

    (b) The partnership program shall administer the health 
 care and human services worker training and retention program 
 under sections 116L.10 to 116L.15. 

    HIST: 1983 c 334 s 2,7; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 1,8; 1987 c 401 s 36; 1989 c 335 art 1 s 164,270; 1999 c 
 245 art 10 s 2; 2001 c 181 s 1 

     116L.03 Board. 

    Subdivision 1.    Members.  The partnership shall be 
 governed by a board of 13 directors.  

    Subd. 2.    Appointment.  The Minnesota job skills 
 partnership board consists of:  seven members appointed by the 
 governor, the chair of the governor's workforce development 
 council, the commissioner of trade and economic development, the 
 chancellor, or the chancellor's designee, of the Minnesota state 
 colleges and universities, the president, or the president's 
 designee, of the University of Minnesota, and two nonlegislator 
 members, one appointed by the subcommittee on committees of the 
 senate committee on rules and administration and one appointed 
 by the speaker of the house.  If the chancellor or the president 
 of the university makes a designation under this subdivision, 
 the designee must have experience in technical education.  Four 
 of the appointed members must be members of the governor's 
 workforce development council, of whom two must represent 
 organized labor and two must represent business and industry.  
 One of the appointed members must be a representative of a 
 nonprofit organization that provides workforce development or 
 job training services. 

    Subd. 3.    Qualifications.  Members must have expertise 
 in, and be representative of the following fields of education, 
 job skills training, labor, business, and government.  

    Subd. 4.    Chair.  The chair shall be appointed by the 
 governor.  

    Subd. 5.    Terms.  The terms of appointed members shall 
 be for four years except for the initial appointments.  The 
 initial appointments of the governor shall have the following 
 terms:  two members each for one, two, three, and four years.  
 No member shall serve more than two terms, and no person shall 
 be appointed after December 31, 2001, for any term that would 
 cause that person to serve a total of more than eight years on 
 the board.  Compensation for board members is as provided in 
 section 15.0575, subdivision 3. 

    Subd. 6. Repealed, 1987 c 386 art 10 s 7; 1987 c 401 s 
 39 

    Subd. 7.    Offices.  The department of trade and 
 economic development shall provide office space and staff to the 
 job skills partnership board for the execution of its duties.  
 The board shall hire an executive director to assist in carrying 
 out its duties. 

    HIST: 1983 c 289 s 115 subd 1; 1983 c 334 s 3,7; 1984 c 544 s 
 84; 1984 c 642 s 3; 1Sp1985 c 14 art 9 s 5,75; 1986 c 444; 1987 
 c 312 art 1 s 26 subd 2; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 2-5,8; 1987 c 401 s 36; 1989 c 335 art 1 s 165,166,270; 
 1991 c 345 art 1 s 74; 1993 c 363 s 1,2; 1994 c 483 s 1; 1995 c 
 212 art 4 s 64; 1996 c 395 s 6,7; 1999 c 223 art 2 s 29; art 3 s 
 1,2; 1Sp2001 c 4 art 2 s 3 

     116L.04 Partnership power. 

    Subdivision 1.    Partnership program.  (a) The 
 partnership program may provide grants-in-aid to educational or 
 other nonprofit educational institutions using the following 
 guidelines:  

    (1) the educational or other nonprofit educational 
 institution is a provider of training within the state in either 
 the public or private sector; 

    (2) the program involves skills training that is an area of 
 employment need; and 

    (3) preference will be given to educational or other 
 nonprofit training institutions which serve economically 
 disadvantaged people, minorities, or those who are victims of 
 economic dislocation and to businesses located in rural areas.  

    (b) A single grant to any one institution shall not exceed 
 $400,000.  

    Subd. 1a.    Pathways program.  The pathways program may 
 provide grants-in-aid for developing programs which assist in 
 the transition of persons from welfare to work and assist 
 individuals at or below 200 percent of the federal poverty 
 guidelines.  The program is to be operated by the board.  The 
 board shall consult and coordinate with program administrators 
 at the department of economic security to design and provide 
 services for temporary assistance for needy families recipients. 

    Pathways grants-in-aid may be awarded to educational or 
 other nonprofit training institutions for education and training 
 programs and services supporting education and training programs 
 that serve eligible recipients. 

    Preference shall be given to projects that: 

    (1) provide employment with benefits paid to employees; 

    (2) provide employment where there are defined career paths 
 for trainees; 

    (3) pilot the development of an educational pathway that 
 can be used on a continuing basis for transitioning persons from 
 welfare to work; and 

    (4) demonstrate the active participation of department of 
 economic security workforce centers, Minnesota state college and 
 university institutions and other educational institutions, and 
 local welfare agencies. 

    Pathways projects must demonstrate the active involvement 
 and financial commitment of private business.  Pathways projects 
 must be matched with cash or in-kind contributions on at least a 
 one-to-one ratio by participating private business. 

    A single grant to any one institution shall not exceed 
 $400,000. 

    The board shall annually, by March 31, report to the 
 commissioners of economic security and trade and economic 
 development on pathways programs, including the number of 
 recipients participating in the program, the number of 
 participants placed in employment, the salary and benefits they 
 receive, and the state program costs per participant. 

    Subd. 2.    Information.  The board may collect and 
 disseminate information concerning areas of projected employment 
 need.  The board may also prepare and publish studies, organize 
 conferences, and conduct special projects which will increase 
 knowledge and communication in the areas of employment need, 
 skills training, and education.  

    Subd. 3. Repealed, 1987 c 403 art 2 s 164 

    Subd. 4.    Performance standards and reporting.  By 
 January 15, 2002, the board must develop performance standards 
 for workforce development and job training programs receiving 
 state funding.  The standards may vary across program types.  
 The board may contract with a consultant to develop the 
 performance standards.  The board must consult with stakeholder 
 advocacy groups, nonprofit service providers, and local 
 workforce councils in the development of both performance 
 standards and reporting requirements.  The adult standards must 
 at a minimum measure: 

    (1) the employability levels of individuals as defined by 
 basic skill level, the amount of work experience, and barriers 
 to employment prior to program entry; 

    (2) the individual's annual income and employability level 
 for the 12 months prior to entering the program, the starting 
 annual income upon placement after completing the program, 
 employability level and annual income one year after completion 
 of the program, and the individual's reported satisfaction; 

    (3) the program completion rate, placement rate, 
 employability level upon placement, and one-year retention rate; 
 and 

    (4) the governmental cost per placement and per job 
 retained at one year and the percentage of program funding 
 coming from the state and other levels of government. 

 After January 15, 2002, all workforce development programs 
 receiving state funds must submit an annual performance report 
 to the board.  The board may develop a uniform format for the 
 report and prescribe the manner in which the report is required 
 to be submitted.  

    HIST: 1983 c 334 s 4,7; 1Sp1985 c 14 art 9 s 6; 1987 c 384 art 
 3 s 27; 1987 c 386 art 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 
 s 167,270; 1997 c 200 art 1 s 58,59; 1999 c 223 art 2 s 30; 2000 
 c 488 art 2 s 6; 2001 c 181 s 2; 1Sp2001 c 4 art 2 s 4 

     116L.05 Funding. 

    Subdivision 1.    Federal job training funds.  The board 
 may use federal job training program moneys and is authorized to 
 receive those funds.  

    Subd. 2.    Grants, gifts.  The board may accept gifts 
 and grants of any type from any source.  

    Subd. 3.    Use of funds.  The job skills partnership 
 board may use up to six percent of any funds it receives, 
 regardless of the source, for activities authorized under 
 section 116L.04, subdivision 2. 

    Subd. 4.    Legislative recommendations.  By January 15 
 of each odd-numbered year, the board must submit recommendations 
 to the house and senate committees with jurisdiction over 
 workforce development programs, regarding modifications to, or 
 elimination of, existing workforce development programs and the 
 potential implementation of new programs.  The recommendations 
 must include recommendations regarding funding levels and 
 sources.  

    HIST: 1983 c 334 s 5,7; 1987 c 384 art 3 s 27; 1987 c 386 art 
 10 s 8; 1987 c 401 s 36; 1989 c 335 art 1 s 270; 1993 c 363 s 3; 1Sp2001 
 c 4 art 2 s 5 

     116L.06 Hire education loan program. 

    Subdivision 1.    Fund uses.  The job skills partnership 
 board may make loans to Minnesota employers to train persons for 
 jobs in Minnesota.  The loans must be used to train current and 
 prospective employees of an employer for specific jobs with the 
 employer.  

    Subd. 2.    Loan process.  The board shall establish a 
 schedule and competitive process for accepting loan 
 applications.  The board shall evaluate loan applications. 

    Subd. 3.    Loan priority.  The board shall give 
 priority to loans that provide training for jobs that are 
 permanent, provide health coverage and other fringe benefits, 
 and have a career or job path with prospects for wage increases. 

    Subd. 4.    Loan terms.  Loans may be secured or 
 unsecured, shall be for a term of no more than five years, and 
 shall bear no interest.  The maximum amount of a loan is 
 $250,000.  A loan origination fee of up to two percent of the 
 principal of the loan may be charged.  An employer may have only 
 one outstanding loan.  The loans shall contain such other 
 standard commercial loan terms as the board deems appropriate. 

    Subd. 5.    Loan uses.  Loans must be used by an 
 employer to obtain the most effective training available from 
 public or private training institutions.  An employer must 
 document to the board the process the employer has utilized to 
 ensure that the proposed loan is used to acquire the most 
 cost-effective training and provide a training plan. 

    Subd. 6.    Packaging loans.  The board may package a 
 grant it makes under section 116L.04 with a loan under this 
 section.  

    Subd. 7.    Loan repayments.  Loan repayments and loan 
 origination fees shall be retained by the board for board 
 programs. 

    HIST: 1997 c 200 art 1 s 60; 1999 c 223 art 2 s 31; 2001 c 181 
 s 3 

     116L.10 Program established. 

    A health care and human services worker training and 
 retention program is established to: 

    (1) alleviate critical worker shortages confronting 
 specific geographical areas of the state, specific health care 
 and human services industries, or specific providers when 
 employers are not currently offering sufficient worker training 
 and retention options and are unable to do so because of the 
 limited size of the employer, economic circumstances, or other 
 limiting factors described in the grant application and verified 
 by the board; and 

    (2) increase opportunities for current and potential direct 
 care employees to qualify for advanced employment in the health 
 care or human services fields through experience, training, and 
 education. 

    HIST: 1999 c 245 art 10 s 3 

     116L.11 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 116L.10 to 116L.15, the terms defined in this section have the 
 meanings given them unless the context clearly indicates 
 otherwise. 

    Subd. 2.    Eligible employer.  "Eligible employer" 
 means a nursing facility, small rural hospital, intermediate 
 care facility for persons with mental retardation or related 
 conditions, waivered services provider, home health services 
 provider, personal care assistant services provider, 
 semi-independent living services provider, day training and 
 habilitation services provider, or similar provider of health 
 care or human services. 

    Subd. 3.    Potential employee target groups.  
 "Potential employee target groups" means high school students, 
 past and present recipients of Minnesota family investment 
 program benefits, immigrants, senior citizens, current health 
 care and human services workers, and persons who are 
 underemployed or unemployed. 

    Subd. 4.    Qualifying consortium.  "Qualifying 
 consortium" means an entity that includes a public or private 
 institution of higher education and one eligible employer. 

    HIST: 1999 c 245 art 10 s 4; 1Sp2001 c 9 art 6 s 1 

     116L.12 Funding mechanism. 

    Subdivision 1.    Applications.  A qualifying consortium 
 shall apply to the board in the manner specified by the board. 

    Subd. 2. Repealed, 1Sp2001 c 9 art 6 s 8 

    Subd. 3.    Program targets.  Applications for grants 
 must describe targeted employers or types of employers and must 
 describe the specific critical work force shortage the program 
 is designed to alleviate.  Programs may be limited 
 geographically or be statewide.  The application must include 
 verification that in the process of determining that a critical 
 work force shortage exists in the target area, the applicant has:

    (1) consulted available data on worker shortages; 

    (2) conferred with other employers in the target area; and 

    (3) compared shortages in the target area with shortages at 
 the regional or statewide level. 

    Subd. 4.    Grants.  Within the limits of available 
 appropriations, the board shall make grants not to exceed 
 $400,000 each to qualifying consortia to operate local, 
 regional, or statewide training and retention programs.  Grants 
 may be made from TANF funds, general fund appropriations, and 
 any other funding sources available to the board, provided the 
 requirements of those funding sources are satisfied.  Grant 
 awards must establish specific, measurable outcomes and 
 timelines for achieving those outcomes. 

    Subd. 5.    Local match requirements.  A consortium must 
 satisfy the match requirements established in section 116L.02, 
 paragraph (a). 

    Subd. 6.    Ineligible worker categories.  Grants shall 
 not be made to alleviate shortages of physicians, physician 
 assistants, or advanced practice nurses. 

    Subd. 7. Repealed, 1Sp2001 c 9 art 6 s 8 

    HIST: 1999 c 245 art 10 s 5; 1Sp2001 c 9 art 6 s 2,3 

     116L.13 Program requirements. 

    Subdivision 1.    Marketing and recruitment.  A 
 qualifying consortium must implement a marketing and outreach 
 strategy to recruit into the health care and human services 
 fields persons from one or more of the potential employee target 
 groups.  Recruitment strategies must include: 

    (1) a screening process to evaluate whether potential 
 employees may be disqualified as the result of a required 
 background check or are otherwise unlikely to succeed in the 
 position for which they are being recruited; and 

    (2) a process for modifying course work to meet the 
 training needs of non-English-speaking persons, when appropriate.

    Subd. 2.    Recruitment and retention incentives.  
 Employer members of a consortium must provide incentives to 
 train and retain employees.  These incentives may include, but 
 are not limited to: 

    (1) paid salary during initial training periods, but only 
 if specifically approved by the board, which must certify that 
 the employer has not formerly paid employees during the initial 
 training period and is unable to do so because of the employer's 
 limited size, financial condition, or other factors; 

    (2) scholarship programs under which a specified amount is 
 deposited into an educational account for the employee for each 
 hour worked, which may include contributions on behalf of an 
 employee to a Minnesota college savings plan account under 
 chapter 136G; 

    (3) the provision of advanced education to employees so 
 that they may qualify for advanced positions in the health care 
 or human services fields.  This education may be provided at the 
 employer's site, at the site of a nearby employer, or at a local 
 educational institution or other site.  Preference shall be 
 given to grantees that offer flexible advanced training to 
 employees at convenient sites, allow workers time off with pay 
 during the work day to participate, and provide education at no 
 cost to students or through employer-based scholarships that pay 
 expenses prior to the start of classes rather than upon 
 completion; 

    (4) work maturity or soft skills training, adult basic 
 education, English as a second language instruction, and basic 
 computer orientation for persons with limited previous 
 attachment to the work force due to a lack of these skills; 

    (5) child care subsidies during training or educational 
 activities; 

    (6) transportation to training and education programs; and 

    (7) programs to coordinate efforts by employer members of 
 the consortium to share staff among employers where feasible, to 
 pool employee and employer benefit contributions in order to 
 enhance benefit packages, and to coordinate education and 
 training opportunities for staff in order to increase the 
 availability and flexibility of education and training programs. 

    Subd. 3.    Work hour limits.  High school students 
 participating in a training and retention program shall not be 
 permitted to work more than 20 hours per week when school is in 
 session. 

    Subd. 4.    Collective bargaining agreements.  This 
 section shall be implemented consistent with existing collective 
 bargaining agreements covering health care and human services 
 employees. 

    HIST: 1999 c 245 art 10 s 6; 1Sp2001 c 1 art 3 s 23; 1Sp2001 c 
 9 art 6 s 4 

     116L.14 Career enhancement requirements. 

    All consortium members must work cooperatively to establish 
 and maintain a career ladder program under which direct care 
 staff have the opportunity to advance along a career development 
 path that includes regular educational opportunities, 
 coordination between job duties and educational opportunities, 
 and a planned series of promotions for which qualified employees 
 will be eligible.  This section shall be implemented consistent 
 with existing collective bargaining agreements covering direct 
 care staff. 

    HIST: 1999 c 245 art 10 s 7 

     116L.146 Expedited grant process. 

    (a) The board may authorize grants not to exceed $50,000 
 each through an expedited grant approval process to: 

    (1) eligible employers to provide training programs for up 
 to 50 workers; or 

    (2) a public or private institution of higher education to: 

    (i) do predevelopment or curriculum development for 
 training programs prior to submission for program funding under 
 section 116L.12; 

    (ii) convert an existing curriculum for distance learning 
 through interactive television or other communication methods; 
 or 

    (iii) enable a training program to be offered when it would 
 otherwise be canceled due to an enrollment shortfall of one or 
 two students when the program is offered in a health-related 
 field with a documented worker shortage and is part of a 
 training program not exceeding two years in length. 

    (b) The board shall develop application procedures and 
 evaluation policies for grants made under this section. 

    HIST: 1Sp2001 c 9 art 6 s 5 

     116L.15 Small employer protection. 

    Grantees must guarantee that small employers, including 
 licensed personal care assistant organizations, be allowed to 
 participate in consortium programs.  The financial contribution 
 required from a small employer must be adjusted to reflect the 
 employer's financial circumstances. 

    HIST: 1999 c 245 art 10 s 8 

     116L.16 Distance-work grants. 

    The job skills partnership board may make grants-in-aid for 
 distance-work projects.  The purpose of the grants is to promote 
 distance-work projects involving technology in rural areas and 
 may include a consortium of organizations partnering in the 
 development of rural technology industry.  Grants may be used to 
 identify and train rural workers in technology, act as a 
 catalyst to bring together employers and rural employees to 
 perform distance work, and provide rural workers with physical 
 connections to telecommunications infrastructure, where 
 necessary, in order to be self-employed or employed from their 
 homes or satellite offices.  Grants must be made according to 
 sections 116L.02 and 116L.04, except that: 

    (1) the business match may include, but is not limited to, 
 office space; additional management or technology staff costs; 
 start-up equipment costs such as telecommunications 
 infrastructure, additional software, or computer upgrades; 
 consulting fees for implementation of distance-work policies or 
 identification and skill assessment of potential employees; and 
 the joint financial contribution of two or more businesses 
 acting as a consortium; 

    (2) cash or in-kind contributions by partnering 
 organizations may be used as a match; 

    (3) eligible grantees may be educational or nonprofit 
 educational training organizations; 

    (4) grants-in-aid may be packaged with loans under section 
 116L.06, subdivision 6; and 

    (5) with respect to grants serving as a catalyst to bring 
 together employers and rural employees to perform distance work, 
 the match must be at least one-to-two. 

    The board shall, to the extent there are sufficient 
 applications, make grant awards to as many parts of the state as 
 possible.  Subject to the requirement for geographic 
 distribution of grants, preference shall be given to grant 
 applications that provide the most cost-effective training 
 proposals, that provide the best prospects for high-paying jobs 
 with high retention rates, or that are from more economically 
 distressed rural areas or communities. 

    Grantees must meet reporting and evaluation requirements 
 established by the board. 

    HIST: 2000 c 488 art 2 s 7; 1Sp2001 c 4 art 2 s 6 

     116L.17 State dislocated worker program. 

    Subdivision 1.    Definitions.  (a) For the purposes of 
 this section, the following terms have the meanings given them 
 in this subdivision. 

    (b) "Dislocated worker" means an individual who is a 
 resident of Minnesota at the time employment ceased or was 
 working in the state at the time employment ceased and: 

    (1) has been terminated or has received a notice of 
 termination from public or private sector employment, is 
 eligible for or has exhausted entitlement to unemployment 
 benefits, and is unlikely to return to the previous industry or 
 occupation; 

    (2) has been terminated or has received a notice of 
 termination of employment as a result of any plant closing or 
 any substantial layoff at a plant, facility, or enterprise; 

    (3) has been long-term unemployed and has limited 
 opportunities for employment or reemployment in the same or a 
 similar occupation in the area in which the individual resides, 
 including older individuals who may have substantial barriers to 
 employment by reason of age; 

    (4) has been self-employed, including farmers and ranchers, 
 and is unemployed as a result of general economic conditions in 
 the community in which the individual resides or because of 
 natural disasters, subject to rules to be adopted by the 
 commissioner; 

    (5) has been self-employed as a farmer or rancher and, even 
 though that employment has not ceased, has experienced a 
 significant reduction in income due to inadequate crop or 
 livestock prices, crop failures, or significant loss in crop 
 yields due to pests, disease, adverse weather, or other natural 
 phenomenon.  This clause expires July 31, 2003; or 

    (6) is a displaced homemaker.  A "displaced homemaker" is 
 an individual who has spent a substantial number of years in the 
 home providing homemaking service and (i) has been dependent 
 upon the financial support of another; and now due to divorce, 
 separation, death, or disability of that person, must find 
 employment to self support; or (ii) derived the substantial 
 share of support from public assistance on account of dependents 
 in the home and no longer receives such support. 

    To be eligible under this clause, the support must have 
 ceased while the worker resided in Minnesota.  

    (c) "Eligible organization" means a state or local 
 government unit, nonprofit organization, community action 
 agency, business organization or association, or labor 
 organization. 

    (d) "Plant closing" means the announced or actual permanent 
 shutdown of a single site of employment, or one or more 
 facilities or operating units within a single site of employment.

    (e) "Substantial layoff" means a permanent reduction in the 
 workforce, which is not a result of a plant closing, and which 
 results in an employment loss at a single site of employment 
 during any 30-day period for at least 50 employees excluding 
 those employees that work less than 20 hours per week. 

    Subd. 2.    Grants.  The board shall make grants to 
 workforce service areas or other eligible organizations to 
 provide services to dislocated workers.  The board shall 
 allocate funds available for the purposes of this section in its 
 discretion to respond to large layoffs.  The board shall 
 regularly allocate funds to provide services to individual 
 dislocated workers or small groups.  The allocation for this 
 purpose must be no less than 35 percent and no more than 50 
 percent of the projected collections, interest and other 
 earnings of the workforce development fund during the period for 
 which the allocation is made, less any collection costs paid out 
 of the fund.  The board shall consider the need for services to 
 individual workers and workers in small layoffs in comparison to 
 those in large layoffs relative to the needs in previous years 
 when making this allocation.  The board may, in its discretion, 
 allocate funds carried forward from previous years under 
 subdivision 9 for large, small, or individual layoffs. 

    Subd. 3.    Allocation of funds.  The board, in 
 consultation with local workforce councils and local elected 
 officials, shall develop a method of distributing funds to 
 provide services for dislocated workers who are dislocated as a 
 result of small or individual layoffs.  The board shall consider 
 current requests for services and the likelihood of future 
 layoffs when making this allocation.  The board shall consider 
 factors for determining the allocation amounts that include, but 
 are not limited to, the previous year's obligations and 
 projected layoffs.  After the first quarter of the program year, 
 the board shall evaluate the obligations by workforce service 
 areas for the purpose of reallocating funds to workforce service 
 areas with increased demand for services.  Periodically 
 throughout the program year, the board shall consider making 
 additional allocations to the workforce service areas with a 
 demonstrated need for increased funding.  The board shall make 
 an initial determination regarding allocations under this 
 subdivision by July 15, 2001, and in subsequent years shall make 
 a determination by April 15. 

    Subd. 4.    Use of funds.  Funds granted by the board 
 under this section may be used for any combination of the 
 following, except as otherwise provided in this section: 

    (1) employment transition services such as developing 
 readjustment plans for individuals; outreach and intake; early 
 readjustment; job or career counseling; testing; orientation; 
 assessment of skills and aptitudes; provision of occupational 
 and labor market information; job placement assistance; job 
 search; job development; prelayoff assistance; relocation 
 assistance; and programs provided in cooperation with employers 
 or labor organizations to provide early intervention in the 
 event of plant closings or substantial layoffs; 

    (2) services that will allow the participant to become 
 reemployed by retraining for a new occupation or industry, 
 enhancing current skills, or relocating to employ existing 
 skills, including classroom training; occupational skill 
 training; on-the-job training; out-of-area job search; 
 relocation; basic and remedial education; literacy and English 
 for training non-English speakers; entrepreneurial training; and 
 other appropriate training activities directly related to 
 appropriate employment opportunities in the local labor market; 
 and 

    (3) support services, including family care assistance, 
 including child care; commuting assistance; housing and rental 
 assistance; counseling assistance, including personal and 
 financial; health care; emergency health assistance; emergency 
 financial assistance; work-related tools and clothing; and other 
 appropriate support services that enable a person to participate 
 in an employment and training program. 

    Subd. 5.    Cost limitations.  Funds allocated to a 
 grantee are subject to the following cost limitations: 

    (1) no more than ten percent may be allocated for 
 administration; 

    (2) at least 50 percent must be allocated for training 
 assistance as provided in subdivision 4, clause (2); and 

    (3) no more than 15 percent may be allocated for support 
 services as provided in subdivision 4, clause (3). 

    A waiver of the training assistance minimum in clause (2) 
 may be sought, but no waiver shall allow less than 30 percent of 
 the grant to be spent on training assistance.  A waiver of the 
 support services maximum in clause (3) may be sought, but no 
 waiver shall allow more than 20 percent of the grant to be spent 
 on support services. 

    Subd. 6.    Performance standards.  (a) The board, in 
 consultation with representatives of local workforce councils 
 and local elected officials, shall establish performance 
 standards for the programs and activities administered or funded 
 under this section.  The board may use, when appropriate, 
 existing federal performance standards or, if the commissioner 
 determines that federal standards are inadequate or not 
 suitable, may formulate new performance standards to ensure that 
 the programs and activities of the dislocated worker program are 
 effectively administered. 

    (b) The board shall, at a minimum, establish performance 
 standards that appropriately gauge the program's effectiveness 
 at placing dislocated workers in employment, replacing lost 
 income resulting from dislocation, early intervention with 
 workers shortly after dislocation, and retraining of workers 
 from one industry or occupation to another. 

    Subd. 7.    Reports.  (a) Grantees receiving funds under 
 this section shall report to the board information on program 
 participants, activities funded, and utilization of funds in a 
 form and manner prescribed by the board. 

    (b) The board shall report quarterly to the workforce 
 development council information on grants awarded, activities 
 funded, and plant closings and substantial layoffs.  Specific 
 information to be reported shall be by agreement between the 
 board and the workforce development council. 

    Subd. 8.    Administrative costs.  No more than three 
 percent of the funds appropriated to the board for the purposes 
 of this section may be spent by the board for its administrative 
 costs. 

    Subd. 9.    Carryforward.  Any funds not allocated, 
 obligated, or expended in a fiscal year shall be available for 
 allocation, obligation, and expenditure in the following fiscal 
 year. 

    HIST: 1Sp2001 c 4 art 2 s 7