South Carolina General Assembly
125th Session, 2023-2024
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "STATEWIDE EDUCATION AND WORKFORCE DEVELOPMENT ACT" BY ADDING CHAPTER 30 TO TITLE 41 SO AS TO CREATE THE OFFICE OF STATEWIDE WORKFORCE DEVELOPMENT COORDINATION IN THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, TO CENTRALIZE OVERSIGHT OF CERTAIN PUBLICLY FUNDED WORKFORCE DEVELOPMENT SERVICES IN THE OFFICE, TO PROVIDE FOR THE MANAGEMENT AND FUNCTIONS OF THE OFFICE, TO TRANSFER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT TO THE DEPARTMENT AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COUNCIL, TO CREATE AN EXECUTIVE COMMITTEE OF THE COORDINATING COUNCIL AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COMMITTEE, TO PROVIDE FOR THE OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT, TO PROVIDE REGIONAL EDUCATION CENTERS MUST CONFORM TO CERTAIN GEOGRAPHIC CONFIGURATIONS, AND TO PROVIDE A MULTIAGENCY COLLABORATIVE EFFORT TO PROMOTE CERTAIN OFFERINGS OF REGIONAL EDUCATION CENTERS; AND by REPEALing ARTICLE 13 of CHAPTER 1, TITLE 13 RELATING TO OVERSIGHT OF REGIONal EDUCATION CENTERS BY THE DEPARTMENT OF COMMERCE, AND ARTICLE 15 of CHAPTER 1, TITLE 13 RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Statewide Education and Workforce Development Act".
SECTION 2. Title 41 of the S.C. Code is amended by adding:
EMPLOYMENT AND WORKFORCE - WORKFORCE DEVELOPMENT
Section 41-30-110. (A) The purpose of this chapter is to endeavor to reach the workforce potential of this State by coordinating its various publicly funded workforce development services, centralizing oversight of the entities that provide these services to enhance alignment and accountability, and ensure a customer-centric workforce system that is easy to access, highly effective, and simple to understand. Further, this chapter seeks to:
(1) deliver value-added services to business customers by collaborating with them to address skill shortages in priority industries and in-demand occupations;
(2) advocate for broader dissemination of information to help individuals make career choices based on an awareness of jobs, skills in demand, and related educational pathways;
(3) develop methods for coupling workforce training with a continuum of services to assist those who are struggling to overcome workforce participation barriers; and
(4) address obstacles unique to those seeking family-sustaining wages in rural areas.
(B) To achieve this purpose:
(1) a unified comprehensive statewide education and workforce development plan is established;
(2) all entities performing publicly funded workforce development-related functions are required to comply with their obligations under the plan; and
(3) their compliance will be monitored and, when necessary, compelled by the Office of Statewide Workforce Development Coordination, a newly created division of the Department of Employment and Workforce. Actions to compel such compliance will be subject to authorization by a newly created executive committee of the existing Coordinating Council for Workforce Development, which now will be administered by the Department of Employment and Workforce instead of the Department of Commerce.
Section 41-30-120. As used in this chapter, unless the context clearly indicates otherwise:
(1) "Department" means the Department of Employment and Workforce.
(2) "Director" means the Director of the Office of Statewide Workforce Development Coordination.
(3) "Executive director" means the Executive Director of the Department of Employment and Workforce.
(4) "Executive committee" means the executive committee of the Coordinating Council for Workforce Development.
(5) "Unified State Plan" or "USP" means the unified comprehensive statewide education and workforce development plan that provides a systemwide approach to streamline and unify efforts of entities involved in education and workforce development in the State.
(6) "Office of Statewide Workforce Development Coordination" or "SWDC" means the Office of Statewide Workforce Development Coordination created in this chapter.
(7) "Coordinating Council for Workforce Development" or "CCWD" means the Coordinating Council for Workforce Development administered by the department.
Section 41-30-130. On July 1, 2023, all functions, powers, and duties provided by law to the Department of Commerce with respect to the Coordinating Council for Workforce Development are hereby transferred from the Department of Commerce to the Department of Employment and Workforce, and these functions, powers, and duties are devolved upon the Department of Employment and Workforce, and the Coordinating Council for Workforce Development's officers, members, records, property, personnel, and unexpended appropriations also are transferred to the Department of Employment and Workforce. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act. The Department of Commerce and the Department of Employment and Workforce shall work together at all stages of the process until the transition is complete.
Office of Statewide Workforce Development Coordination
Section 41-30-310. "The Office of Statewide Workforce Development Coordination" is created in the Department of Employment and Workforce to coordinate, align, and direct workforce efforts throughout the State to maximize available resources and actively foster a customer-centric workforce development system that is readily accessible, highly effective, and easily understandable.
Section 41-30-320. The Executive Director of the Department of Employment and Workforce shall hire the Director of the SWDC, who shall serve at the pleasure of the executive director. The SWDC shall:
(1) oversee and ensure implementation of Coordinating Council for Workforce Development responsibilities pursuant to Section 41-30-540;
(2) efficiently marshal public resources to optimally align, consolidate, streamline, and coordinate publicly funded workforce development efforts in this State;
(3) provide centralized oversight of all publicly funded workforce development services in this State provided by state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development; and
(4) monitor entities that are appropriated state funds or are authorized to expend federal funds for workforce development purposes in this State to evaluate their compliance with the USP and direct them to take remedial actions in instances of noncompliance, subject to approval by the executive committee. The director annually shall compile a compliance report for each such entity to describe the extent to which the entity complied with the USP and compliance directives issued to the entity. This report must be provided to the CCWD, executive committee, executive director, and General Assembly.
Section 41-30-330. Any decision of the executive committee must be made by a majority vote of the entire membership of the committee or is void ab initio.
Section 41-30-340. The director shall develop, subject to approval by the executive committee, and publish uniform procedures and guidelines for the conduct of their responsibilities and duties, including the procedure for considering and voting on recommendations of the CCWD or the director.
Section 41-30-350. (A) The DEW shall provide office space and equipment to house the SWDC.
(B) The member agencies of the CCWD shall provide staff and administrative support to accomplish the mandates of state and federal statutes relating to the workforce and to implement the provisions of this chapter. These staff members may be provided by means of memorandums of agreement that address the scope of duties of each member agencies' personnel in providing this staff support.
Coordinating Council for Workforce Development
Section 41-30-510. The Coordinating Council for Workforce Development is generally responsible for engaging in discussions, collaboration, and information sharing concerning the ability of the State to prepare and train workers to meet current and future workforce needs, as well as performing the other required duties of this chapter under the direction of the Chairman of the CCWD.
Section 41-30-520. The CCWD consists of the following members:
(1) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chairman;
(2) the Director of the Office of Statewide Workforce Development Coordination or his designee;
(3) the Director of the South Carolina Department of Veterans Affairs or his designee;
(4) the Commissioner of South Carolina Vocational Rehabilitation or his designee;
(5) the Chairman of the South Carolina Research Authority or his designee;
(6) the Commissioner of Agriculture or his designee;
(7) the Director of the Department of Labor, Licensing and Regulation or his designee;
(8) the Director of the Office of Revenue and Fiscal Affairs or his designee;
(9) the Director of the Education Oversight Committee or his designee;
(10) the President of the South Carolina Manufacturing Extension Partnership or his designee;
(11) representatives of any other agencies or entities selected by vote of the executive or his designee;
(12) the Secretary of the Department of Commerce or his designee;
(13) the State Superintendent of Education or his designee;
(14) the Executive Director of the State Board for Technical and Comprehensive Education or his designee;
(15) the Executive Director of the Commission on Higher Education or his designee;
(16) the president or provost of a research university in this State who is selected by the presidents of the research universities in this State;
(17) the president or provost of a four-year college or university in this State who is selected by the presidents of the four-year universities in this State;
(18) the president of a technical college in this State who is appointed by the Executive Director of the State Board for Technical and Comprehensive Education or his designee;
(19) the following members appointed by the State Superintendent of Education who have expertise regarding the South Carolina Education and Economic Development Act:
(a) a school district superintendent;
(b) a school counselor; and
(c) a career and technology education director;
(20) two representatives from the business community, appointed by the Governor, who have professional expertise in economic development and workforce issues;
(21) one person appointed by the Chairman of the House Education and Public Works Committee and one person appointed by the House minority party leader; and
(22) one person appointed by the Chairman of the Senate Education Committee and one person appointed by the Senate minority party leader.
Section 41-30-530. (A) The executive committee of the CCWD is created and consists of the following members or their designees:
(1) the Executive Director of the Department of Employment and Workforce, who shall serve as chairman;
(2) the Director of the Office of Statewide Workforce Development Coordination;
(3) the Secretary of the Department of Commerce;
(4) the State Superintendent of Education;
(5) the Executive Director of the State Board for Technical and Comprehensive Education;
(6) the Executive Director of the Commission on Higher Education; and
(7) one person appointed by the Speaker of the House and one person appointed by the Senate President, both of whom have professional expertise in economic development and workforce issues. (B) The executive committee:
(1) shall review and vote on recommendations made by the council or director; and
(2) may authorize the director to compel information or assistance from state or local government agencies and other entities that are appropriated state funds or are authorized to expend federal funds for workforce development purposes.
Section 41-30-540. (A) The CCWD shall:
(1) make recommendations to the General Assembly as needed to implement the provisions of this chapter;
(2) regularly meet with industry associations to gain an understanding of their workforce needs and ideas; and
(3) facilitate and coordinate the development of the USP for approval by the executive committee, and annually shall review and update, as needed, the USP for approval by the executive committee.
(B) The USP must:
(1) include an assurance that federal and state requirements are being met, and agency constituents remain served;
(2) establish a ten-year labor participation rate goal;
(3) establish a ten-year goal for the number of South Carolinians who possess a high-quality credential or postsecondary degree;
(4) establish and maintain standardized education and workforce terminology and definitions to be used across all agencies and sectors;
(5) include an assurance that the provisions of Chapter 59, Title 59, the South Carolina Education and Economic Development Act, are implemented with fidelity to provide a better prepared workforce, student success in postsecondary education, and enhanced coordination between K-12 education, higher education, and employers;
(6) develop an "Educational Program Alignment Toolkit" to serve as an infrastructure of resources to enable the K-12, technical college, and higher education systems to individually and collectively ensure their respective educational programs and curriculums match workforce needs;
(7) develop a "Career Pathways Tool" that connects applicable occupational data, educational programming, workforce needs, salary information, job market analyses, and other career-related information to:
(a) provide students, parents, job seekers, and counselors, with useful information about potential career pathways and the various routes to meaningful employment; and
(b) inform education curriculum, initiatives, and programming to accommodate workforce needs in this State;
(8) create a workforce opportunity portal to provide South Carolinians with access to federal, state, and local workforce services and a global view of workforce-related program data, including education and training options, real-time labor market information, career planning and career services tools, and other support linked to in-demand jobs;
(9) identify tools to ensure individuals are aware of workforce needs and options to avoid pursuit of educational offerings in a vacuum;
(10) develop and implement procedures for sharing information and coordinating efforts among stakeholders to prepare the state's current and emerging workforce to meet the needs of the state's economy;
(11) maintain a comprehensive inventory of all education and training assets in the State;
(12) conduct an ongoing inventory of existing workforce programs to identify duplications among and within the programs and identify ineffective programs. The council may make recommendations concerning the appropriate actions necessary to eliminate duplication, improvements to ineffective programs so that the programs can achieve the desired result, or the elimination of programs that no longer meet workforce needs;
(13) use data and analysis to identify statewide workforce priorities and create other measurable, time-sensitive metrics in which all workforce pipeline stakeholders including, but not limited to, education and workforce boards, councils, and partner representatives, participate;
(14) use data and analysis to develop a method for identifying and addressing long-term workforce needs;
(15) prepare a "Supply/Gap Analysis" by conducting an annual statewide workforce and education supply/gap analysis which must include, but is not limited to:
(a) an evaluation of current and projected future employer demands;
(b) a determination of the makeup of the state's labor force and an identification of the industries and occupations that are thriving by constructing a baseline analysis of the state's demographics and performing an analysis of the trends in the workforce and education infrastructure pipeline, including the supply of graduates in the State and the number of graduates by degree/certificate category;
(c) an identification of the supply of skills found in the workforce, and demand for skills employers need from the workforce, and a means for determining how to close gaps that exist between the supply and demand of such skills; and
(d) a review of growing industry and occupation clusters;
(16) develop recommendations to address barriers to labor participation including, but not limited to, affordable access to childcare and transportation;
(17) study government assistance programs and requirements available to working families to determine potential opportunities to better incentivize and support employment, and employment-related activities, while easing the "cliff effect" during the transition to economic self-sufficiency;
(18) develop an "SC Benefits Calculator" to help families, case managers, and community providers understand the impact of earnings and assist families planning their exit from the use of these public benefits, with the ultimate goal of promoting self-sufficiency and maximizing use of available opportunities;
(19) develop recommendations for providing individuals who are receiving assistance from public benefit programs with the supports, skills, and credentials they need to gain and retain employment in occupations for which employers demonstrate persistent demands;
(20) review state and federal funding for all workforce development programs, including passthrough funding to nonprofit/local/regional workforce programs to eliminate duplication and ensure funding is going to meeting state workforce needs;
(21) develop a reliable and replicable model for measuring returns on public investment for workforce system programs, including a set of common state-performance measures and use of a performance accountability system to track workforce program outcomes;
(22) develop a consolidated budget report that:
(a) improves transparency in workforce funding to enable smarter policy decisions; and
(b) makes recommendations for using legislative and executive means to improve system alignment, accountability, and efficiency;
(23) submit an annual progress report to the Governor and the General Assembly, by September first of each fiscal year, concerning the actions taken by the council during the previous fiscal year, and any recommendations for legislation or agency action. The council may submit additional reports on an ongoing basis as considered necessary by the chairman of the council; and
(24) other matters related to workforce development as directed by the General Assembly or as the executive committee considers appropriate.
(C) The executive director shall monitor and audit the implementation of this chapter, review accountability and performance measures, and report to the Governor and the General Assembly on the engagement of the council to include attendance, participation, and compliance with the USP.
Regional Education Centers
Section 41-30-710. (A) The SWDC shall provide oversight to the regional education centers, which are to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community as provided in this article. The department shall seek the input from the State Department of Education in carrying out the requirements of this section.
(B) The primary responsibilities of these centers are to:
(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;
(2) provide information, resources, and professional development programs to educators;
(3) provide resources to school districts for compliance and accountability pursuant to the provisions of Chapter 59, Title 59;
(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;
(5) facilitate local connections among businesses and those involved in education;
(6) work with school districts and institutions of higher education to create and coordinate workforce education programs; and
(7) ensure each regional education center has a career development facilitator.
(C)(1) Each regional education center shall have a career development facilitator to coordinate career-oriented learning, career development, and postsecondary transitioning for the schools in its region.
(2) A career development facilitator must be certified and recognized by the National Career Development Association.
(D) The centers shall provide data and reports that the department requests.
(E)(1) The regional centers must conform to the geographic configuration of the local areas designated pursuant to the Workforce Innovation and Opportunity Act, Pub.L. 113-128. Each regional center shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the center. Local legislative delegations shall make the appointments to their respective regional center boards.
(2) The regional centers shall include, but not be limited to, the one-stop shops, workforce investment boards, tech prep consortia, and regional instructional technology centers.
Section 41-30-720. The Department of Employment and Workforce, in collaboration with the Department of Commerce, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Department of Education shall plan and promote the career information and employment options and preparation programs provided for in this section and in the regional education centers by:
(1) identifying potential employers to participate in the career-oriented learning programs;
(2) serving as a contact point for employees seeking career information and training;
(3) providing labor market information including, but not limited to, supply and demand;
(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;
(5) collaborating with local agencies and businesses to stimulate funds; and
(6) cooperating in the creation and coordination of workforce education programs.
SECTION 3. Article 13 and Article 15 of Chapter 1, Title 13 of the S.C. Code are repealed.
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on January 18, 2023 at 02:47 PM