SB435 H ED AM 4-6
The Committee on Education moves to amend the bill on page one, section five, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

"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amendment and reenactment of this section in the year two thousand six 2009 remains in effect until amended, modified, repealed or replaced by the Council.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 and a 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) There is hereby established a cooperative education program entitled the "Learn and Earn Program", under the jurisdiction of the Council, as a component of the Workforce Development Initiative Program established pursuant to this article. In the rule required by section five of this article, the Council shall establish criteria for employers and students to participate in cooperative education arrangements whereby students gain course credit in community and technical college programs while participating in the program and earning a salary. The rule shall include criteria for employer and community and technical college program eligibility, and define the application and grant award processes.
(c) An employer or groups of employers shall provide a dollar- for-dollar cash match to participate in the program. This match shall be used to provide one-half of the salary the student receives while participating in the program. Participating employers may not substitute an in-kind match for the cash match required by this section.
(d) A community and technical college is eligible to apply for a Learn and Earn Program grant in cooperation with one or more employer partners. Any grant funds received by a community and technical college shall be used to pay the remaining half of students' salaries not covered by the employer match. Any student who receives salaries or funds provided by a Learn and Earn Program grant shall be a United States citizen or legal immigrant to the United States.
(e) The Council may expend funds available through the Workforce Development Initiative program to implement the provisions of this section."