H. B. 2898
(By Delegates Paxton, Shelton, Dempsey, Perry, Carmichael,
Romine and Canterbury)
(Originating in the Committee on Education)
[March 16, 2001]
A BILL to amend and reenact sections one, three and four, article
three-d, chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to including funds to assist with modernization and
procurement of equipment for workforce training programs in
grants through the workforce development initiative grant
program; updating obsolete references; requiring prior
approval for sale, disposal or change in use of equipment
upgraded or procured with grant funds; authorizing annual
renewal for less than five years; establishing additional
required element in mission of community and technical
colleges accepting grant funds; authorizing required private
match to be both cash and in-kind; requiring plan to collaborate with public schools to maximize use of existing
personnel and equipment; and authorizing award of funds for
qualified programs operated on collaborative basis and
utilized by both secondary and post-secondary students at
public school facilities.
Be it enacted by the Legislature of West Virginia:
That sections one, three and four, article three-d, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
§18B-3D-1. Legislative findings and intent.
(a) The Legislature finds that a recent statewide study of
the workforce training needs of employers throughout the state
provided a clear message from the business community:
(1) The needs of employers are rapidly changing and training
providers must be more responsive or the state economy will
suffer;
(2) Information specific to West Virginia, once again
emphasizes the critical link between education and economic
development that empowering youth and adults with the knowledge
and skills they need to succeed in the competitive work world also results in a workforce which enables businesses and
communities to prosper;
(3) Although employers are generally satisfied with the
quality of the West Virginia workforce and the study provides
additional support that the measures adopted in the Jobs Through
Education Act will bring continued improvement, workforce needs
are not static, critical skill shortages currently exist, and the
establishment of a workforce development system that responds
more quickly to the evolving skill requirements of employers is
needed.
(b) The Legislature further finds that a study of community
and technical education in West Virginia performed by the
national center for higher education management systems called
attention to problems in providing needed workforce education and
found that there is a need to:
(1) Jump-start development of community college and
postsecondary workforce development initiatives;
(2) Provide incentives for existing public postsecondary
providers to respond jointly to both short and long-term needs of
employers and other clients;
(3) Provide funding for explicit incentives for partnerships between employers and public postsecondary institutions to
develop comprehensive community college and workforce development
services; and
(4) Allocate funds competitively on the basis of proposals
submitted by providers.
(c) It is further the intent of the Legislature that the
granting of funds under this article will promote the
development
of comprehensive community and technical colleges as set forth in
article three-c of this chapter. mission of community and
technical colleges as set forth in section three-a, article three
of this chapter.
(d) It is the intent of the Legislature through the grant of
funds under this article to provide limited seed money to address
some of the specific areas where improvement is needed,
including:
(1) Improving employer awareness and access to services
available through the state's education institutions;
(2) Providing designated professionals and resources to
support workforce education through the state's education
institutions;
(3) Assisting with the modernization and procurement of equipment needed for workforce training programs: Provided, That
any equipment purchased or upgraded with grant funds awarded
under the provisions of this article may not be sold, disposed of
or used for purposes other than those specified in the grant
without prior approval of the council;
(3) (4) Increasing the capacity of the state's education
institutions to respond rapidly to employer needs for workforce
education, and training on an on-going basis through the
development of a client-focused, visible point of contact for
program development and delivery, service referral and needs
assessment, such as a workforce development center; and
(4) (5) Maximizing the use of available resources for
workforce education and training through partnerships with public
vocational, technical and adult education centers and private
training providers.
(e) It is further the intent of the Legislature that
consideration and partnering opportunities be given to small
businesses on an equal basis with larger businesses for the
purposes of this article and that the seed money will assist
providers in becoming self-sustaining through partnerships with
business and industry which will include cost-sharing initiatives and fees charged for the use of services.
(f) The Legislature intends that grants of funds made under
the provisions of this article will be competitive among
applicants who meet all of the criteria established in this
article and such other criteria as may be specified by the
council. Subject to the availability of funds, more than one
competition may be held during the same fiscal year and the
dollar range of awards granted in successive competitions shall
be prorated based on the number of months remaining in the fiscal
year. Subject to annual review and justification, it is the
intent of the Legislature to renew grant awards made under this
article each year for
not more than five years following the
initial grant award.
§18B-3D-3. Mission of the workforce development initiative
program.
(a) The state-wide mission of the workforce development
initiative program is to develop a strategy to strengthen the
quality of the state's workforce by linking the existing
postsecondary education capacity to the needs of business,
industry and other employers. Available funding will be used to
provide explicit incentives for partnerships between employers
and community and technical colleges to develop comprehensive workforce development services. Funds will be granted on the
basis of proposals developed according to criteria established by
the council.
(b) The mission of any community and technical college
accepting a workforce development initiative grant is to:
(1) Become client-focused and develop programs that meet
documented employer needs;
(2) Involve and collaborate with employers in the development
of programs;
(3) Develop customized training programs that provide for the
changing needs of employers and that are offered at flexible
times and locations to accommodate employer scheduling;
(4) Develop partnerships with other public and private
providers, including small business development centers and,
vocational, technical and adult education centers, and with
business and labor, to fulfill the workforce development needs of
the service area;
(5) Establish cooperative arrangements with the public school
system for the seamless progression of students through programs
of study that begin at the secondary level and conclude at the
community and technical college level, particularly with respect to career and technical education certificates, associate of
applied science and selected associate of science degree programs
for students seeking immediate employment, individual
entrepreneurship skills, occupational development, skill
enhancement and career mobility.
(5) (6) Assist in the on-going assessment of the workforce
development needs of the service area; and
(6) (7) Serve as a visible point of contact and referral for
services to meet the workforce development needs of the service
area.
§18B-3D-4. Grant application procedures.
(a) In order to participate in the workforce development
initiative grant program, a community and technical college must
meet the following conditions:
(1) Establish a consortia committee as required by section
three, article three-a seven, article three-c of this chapter.
The consortia committee or a subcommittee thereof shall
participate in the development of and approve applications for
funding grants under the provisions of this article, and shall
approve the workforce development initiative budget;
(2) Develop a plan to achieve measurable improvements in the quality of the workforce within its service area over a five-year
period. The plan must be developed in partnership with
employers, local vocational schools, and other workforce
education providers;
(3) Establish a special revolving fund under the jurisdiction
of the consortia committee dedicated solely to workforce
development initiatives for the purposes provided in this
article. Any fees or revenues generated from workforce
development initiatives funded by a competitive grant shall be
deposited into this fund.
(b) To be eligible to receive a workforce development
initiative grant, a community and technical college must provide
at least the following information in its application:
(1) Identification of the specific business or business
sector training needs that will be met if a workforce development
initiative grant is received;
(2) A commitment from the private sector to provide a match
of one dollar
, cash and in-kind, for each dollar of state grant
money received except in cases where the community and technical
college can demonstrate in the grant application that it would be
a hardship for the business being served to provide such a match. In those cases only, the match required may be reduced to one
private dollar
, cash and in-kind, for every three dollars of
state grant money provided
. In the case of awards for the
modernization of procurement of equipment, the council may
establish a separate match requirement of up to one dollar, cash
and in-kind, for each dollar of state grant money received;
(3) An agreement to share with other community and technical
colleges any curricula developed using funds from a workforce
development initiative grant;
(4) A specific plan showing how the community and technical
college will collaborate with local postsecondary vocational
institutions to maximize the use of existing facilities
,
personnel and equipment;
(5) An acknowledgment that acceptance of a grant under the
provisions of this article commits the community and technical
college and its consortia committee to such terms, conditions and
deliverables as is specified by the council in the request for
applications, including, but not limited to, the measures by
which the performance of the workforce development initiative
will be evaluated.
(c) Applications submitted by community and technical colleges may be awarded funds for programs which meet the
requirements of this article that are operated on a collaborative
basis at facilities under the jurisdiction of the public schools
and utilized by both secondary and post-secondary students.
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