Senate Bill No. 435
(By Senators Plymale, Chafin, Jenkins, Unger and White)
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[Introduced March 4, 2009;
referred to the Committee on Education;
and then to the Committee on Finance.]
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A BILL to amend and reenact §18B-3D-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §18B-3D-6, all relating to
establishing the Learn and Earn Cooperative Education Program;
authorizing expenditure of certain funds; defining eligibility
to receive funding; setting terms for required cash match; and
requiring legislative and emergency rules.
Be it enacted by the Legislature of West Virginia:
That §18B-3D-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §18B-3D-6, all to read as
follows:
ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.
§18B-3D-5. Legislative and emergency rules.
(a) The council shall propose a legislative rule pursuant to
article three-a, chapter twenty-nine-a of this code to implement
the provisions of this article and shall file the rule with the
Legislative Oversight Commission on Education Accountability no
later than
the first day of September, two thousand six October 1,
2009.
(b) The Legislature finds that an emergency exists and,
therefore, the council shall propose an emergency rule to implement
the provisions of this article in accordance with section six,
article one of this chapter and article three-a, chapter
twenty-nine-a of this code by October 1, 2009.
(c) Any rule promulgated by the
West Virginia Development
Office council pursuant to previous enactments of this section and
in effect on the effective date of the amendment and reenactment of
this section in the year
two thousand six 2009 remains in effect
until amended, modified, repealed or replaced by the council.
§18B-3D-6. Learn and Earn Cooperative Education Program
established.
(a)
Legislative findings.
(1) The Legislature finds that many West Virginians,
particularly young adults, cannot enroll full-time in a community
and technical college technical program because circumstances
require them to maintain full-time employment.
(2) The Legislature further finds that it is critically important that technical programs leading to high-wage occupations
be more accessible and affordable for all West Virginians.
(3) The Legislature further finds that cooperative education
programs are successful in providing access to these technical
programs while providing students enrolled full-time in a community
and technical college with the financial benefits they need to
continue their education. These cooperative education programs
provide opportunities for students to work with West Virginia
companies while in college, thus increasing the likelihood that
they will find gainful employment and choose to remain in West
Virginia upon graduation. They provide students with hands-on,
real world work experience at a full-time salary while they
complete a technical program of study and, at the same time,
provide employers with a cost-effective tool for recruiting and
training.
(b) The purpose of this section is to establish a cooperative
education program, under the jurisdiction of the council, as a
component of the Workforce Development Initiative Program
established pursuant to this article. The program is entitled the
Learn and Earn Program.
(c) The Learn and Earn Program requires a dollar-for-dollar
cash match from participating employers or groups of employers from
which the student receives a full-time salary from the employer or
employers while participating in the program. Participants may not
substitute a match in-kind for the cash match required by this section.
(d) An institution is eligible to apply for a Learn and Earn
Program grant in cooperation with one or more employer partners if
it meets the definition of a community and technical college
provided in section two, article one of this chapter. The council
shall define the application process in the rules required in
section five of this article.
(e) The council may expend funds available through the
Workforce Development Initiative program to implement the
provisions of this section.
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(NOTE: The purpose of this bill is to establish the Learn and
Earn Cooperative Education Program between eligible community and
technical colleges and participating companies for students
enrolled in technical programs and to provide for legislative and
emergency rules to implement the program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
§18B-3D-6 is new; therefore, strike-throughs and underscoring
have been omitted.