Title 2.2. Administration of Government
Chapter 20.2. Workforce Development and Advancement
Article 1. General Provisions.
§ 2.2-2035. Department of Workforce Development and Advancement; creation; appointment of Commissioner.A. There is hereby created in the executive branch the Department of Workforce Development and Advancement. The Department shall be headed by the Commissioner of the Department of Workforce Development and Advancement who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor.
B. The Commissioner may establish divisions within the Department and assign to such divisions any duties described in this chapter or otherwise imposed upon the Department.
2023, cc. 624, 625; 2024, c. 507.
§ 2.2-2036. Definitions.As used in this chapter, unless the context requires a different meaning:
"Commissioner" means the Commissioner of the Department of Workforce Development and Advancement.
"Council" means the Apprenticeship Council.
"Department" means the Department of Workforce Development and Advancement.
"Encrypted" means the same as that term is defined in § 18.2-186.6.
"Identifying information" means the same as that term is defined in § 18.2-186.3.
"Virginia Longitudinal Data System" means the multiagency partnership administered by the State Council of Higher Education for Virginia pursuant to subdivision 9 of § 23.1-203.
"Virginia Workforce Data Trust" means a workforce database maintained by the Department in an encrypted state in compliance with § 2.2-2009.
"Workforce development program" means a publicly funded education, training, and support services program designed and administered to prepare and enable participants to enter into and advance in careers. Such program may, but is not required to, lead to nondegree credentials and may fall under the administrative functions of the Department or reside in other agencies.
"Workforce education and training program" means a workforce development program offered by an education provider with the goal of providing an individual with a credential that leads to employment.
"Workforce services program" means a workforce development program that is primarily focused on providing, coordinating, and supporting services to assist individuals in attaining employment, including assistance with locating job opportunities, connecting to workforce education and training programs, and coordinating with other available supportive services.
2023, cc. 624, 625; 2024, c. 507.
§ 2.2-2037. Powers and duties of Department.The Department shall have the power and duty to:
1. Promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under this chapter.
2. Establish a mission, goals, and objectives for the Department that align with the purpose of this chapter, to create a unified system of workforce development for the Commonwealth.
3. Develop a strategy that shall inform and engage with the business and organized labor communities to coordinate the workforce development programs offered by the Department, identify labor market needs, and ensure alignment of the Department's offerings to the needs of employers and the needs of the Commonwealth.
4. Jointly with the State Council of Higher Education for Virginia develop and implement strategies, and collaborate with employers and higher education institutions, to grow and expand the Innovative Internship Program established pursuant to § 23.1-903.4. The strategy shall include key measures of success and they shall jointly develop an annual progress report that shall include information on the number of students placed in internship programs, type of internship programs, and the number and type of participating employers. The report shall be delivered to the General Assembly, the Secretary of Education, and the Secretary of Labor annually by September 30.
5. Regularly track metrics relating to workforce development programs and establish a mechanism to help assess the adequacy of Department services and programs.
6. Develop specific strategies or steps the Department will take to modify policies, procedures, or processes to ensure effective and efficient administration of workforce development programs.
7. Develop a strategy for clearly communicating to customers changes to key workforce development programs.
8. Develop a strategy for clearly communicating important workforce development program information to Department staff, the public, and the General Assembly.
9. Identify other tactical actions to be taken to ensure the continuity of workforce development programs and customer service.
§ 2.2-2038. State and federal cooperation.In the administration of this chapter, the Department shall cooperate with the U.S. Department of Labor to the fullest extent consistent with the provisions of this chapter. The Department shall make such reports, in such form and containing such information, as the U.S. Department of Labor may require and shall comply with such provisions as the U.S. Department of Labor may find necessary to assure the correctness and verification of such reports. The Department shall take such action, through the adoption of appropriate rules, regulations, administrative methods, and standards, as may be necessary to secure to the Commonwealth and its citizens all advantages available under the provisions of the federal Wagner-Peyser Act (29 U.S.C. § 49 et seq.), the federal Workforce Innovation and Opportunity Act of 2014 (P.L. 113-128), and any other federal legislation executed with respect to workforce development and training.
§ 2.2-2039. Reciprocal agreements.Subject to the approval of the Governor, the Department is authorized to enter into arrangements with the appropriate agencies of other states or the federal government for the purpose of workforce development and training.
§ 2.2-2040. Records and reports.A. Each workforce development program provider shall keep true and accurate training records containing such information as the Department may prescribe. Such records shall be open to inspection and be subject to being copied by the Department or its authorized representatives at any reasonable time and as often as may be necessary. The Department may require from any workforce development program provider any sworn or unsworn reports, with respect to persons employed by it, that the Department deems necessary for the effective administration of this chapter.
B. Notwithstanding the provisions of subsection A, the Department shall, upon written request, furnish the Virginia Economic Development Partnership Authority (the Authority) such information as it may require to facilitate the administration and enforcement by the Authority of performance agreements with businesses that have received incentive awards. Any information provided to the Authority under this subsection shall be confidential pursuant to 20 C.F.R. Part 603 and shall only be disclosed to members of the Authority who are public officials or employees of the Authority for the performance of their official duties. No public official or employee shall disclose any confidential information obtained pursuant to this subsection to nonlegislative citizen members of the Authority or to the public. Any information so provided shall be used by the Authority solely for the purpose of verifying employment and wage claims of those businesses that have received incentive awards.
§ 2.2-2040.1. Virginia Health Care Career and Technical Training and Education Fund.There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Health Care Career and Technical Training and Education Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. The Fund shall be administered by the Director of the Department of Workforce Development and Advancement. Moneys in the Fund shall be used solely for the purposes of supporting the mission of the Virginia Health Workforce Development Authority, as described in § 32.1-122.7. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Workforce Development and Advancement.