AN ACT establishing the Adult Workforce Diploma Pilot Program.

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AN ACT establishing the Adult Workforce Diploma Pilot Program. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 156 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Academic skills intake assessment" means a criterion -referenced 6
assessment of numeracy and literacy skills that is determined by third -party 7
research to be highly reliable and valid and that may be administered in 8
person or online; 9
(b) "Accredited provider" means an entity that is currently accredited by one 10
(1) of the seven (7) regional accreditation organizations or any successor 11
entity; 12
(c) "Approved program provider" means a public, nonprofit, or other entity 13
that meets the requirements of this section and does not receive federal or 14
state funding or private tuition for a student in the program; 15
(d) "Average cost per graduate" means the tota l program funding dispersed to 16
an approved program provider divided by the total number of graduates for 17
a cohort calculated twelve (12) months after the close of the cohort; 18
(e) "Career pathways coursework" means one (1) or more courses that align 19
with t he skill needs of industries within the state or region and assist 20
students to enter into or advance within a specific occupation or 21
occupational cluster; 22
(f) "Career placement services" means services designed to assist students in 23
obtaining employment, i ncluding career interest self -assessments, job 24
search skills, resume development, and mock interviews; 25
(g) "Cohort" means students who enter the program between July 1 and June 26
30 of each program year; 27
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(h) "Employability skills certification" means a certi ficate earned by 1
demonstrating professional nontechnical skills through assessment and 2
shall include the program standards of the United States Department of 3
Labor's Skills to Pay the Bills: Mastering Soft Skills for Workplace Success 4
curriculum; 5
(i) "Fund" means the Adult Workforce Diploma Pilot Program fund 6
established in subsection (3) of this section; 7
(j) "Graduate" means a student who has successfully completed all state and 8
approved program provider requirements to earn a high school diploma; 9
(k) "Graduation rate" means the total number of graduates from a cohort 10
divided by the total number of students from the same cohort calculated 11
twelve (12) months after the close of the cohort multiplied by one hundred 12
(100); 13
(l) "Graduation requirements" means c ourse and credit requirements needed 14
to earn a high school diploma from an approved program provider that are 15
equivalent to the minimum requirements for high school graduation set by 16
the Kentucky Board of Education in accordance with KRS 156.160, except 17
no state-mandated testing or physical education credit shall be required; 18
(m) "High school diploma" means a diploma that is issued by an accredited 19
provider and that is recognized as a secondary school diploma by this state 20
and fits within the definition of a Tier 1 education credential as defined by 21
the United States Department of Defense; 22
(n) "Learning plan" means a documented plan that: 23
1. Is designed to prepare a student to succeed in the program and the 24
student's future endeavors; and 25
2. Identifies the courses and credits that are needed for a student to 26
complete the program and are approved program provider graduation 27
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requirements; 1
(o) "Milestones" means objective measures of progress for which payment is 2
made to an approved program provider under this section, including earned 3
units of high school credit, earned industry -recognized credentials, and 4
earned high school diplomas; 5
(p) "Program" means the Adult Workforce Diploma Pilot Program; 6
(q) "Student" means a participant in the program who is at least twenty-one 7
(21) years of age, a Kentucky resident, and has not earned a high school 8
diploma; 9
(r) "Transcript evaluation" means a documented summary of credits that were 10
earned in previous public or private accredited high schools compared with 11
program and approved program provider graduation requirements; 12
(s) "Unit of high school credit" means a credit that is: 13
1. Awarded based on a student's demonstration that the student has 14
successfully met the content expectations for the credit area as defined 15
by subject area standards, expectations, or guidelines; and 16
2. Equivalent to one (1) full academic year or two (2) semesters of study 17
in a time-based system; and 18
(t) "Workforce credential" means a third-party credential that: 19
1. Is part of a sequence of credentia ls that can be accumulated over time 20
to build an individual's qualifications to advance along a career 21
pathway and results in an industry-recognized certificate; or 22
2. Verifies an individual's qualification or competence and is issued by a 23
third-party with the authority to issue the credential. 24
(2) The General Assembly hereby establishes the Adult Workforce Diploma Pilot 25
Program administered by the Education and Labor Cabinet to assist a person 26
who is at least twenty-one (21) years of age in earning a high school diploma and 27
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developing critical employability and career and technical skills to prepare the 1
person for employment. 2
(3) (a) There is hereby created a trust and agency account called the Adult 3
Workforce Diploma Pilot Program fund to be administered b y the 4
Education and Labor Cabinet for the purpose of funding approved program 5
providers in accordance with subsection (6) of this section. 6
(b) The fund shall contain moneys received from the general fund, federal 7
funds, and any other proceeds from contributions, gifts, or grants made 8
available for the purposes of the fund. 9
(c) Moneys deposited in the fund are hereby appropriated for the purposes 10
under this section. 11
(d) Notwithstanding KRS 45.229, moneys in the fund at the close of a fiscal 12
year shall not lapse but shall be carried forward to the next fiscal year. 13
(4) The Education and Labor Cabinet shall create a standardized form for use by 14
accredited providers. To be designated as an approved program provider able to 15
participate in the program, on or before August 15 of each year, an accredited 16
provider shall submit a form to the Education and Labor Cabinet showing that 17
the accredited provider: 18
(a) Is operating a regionally accredited high school diploma-granting entity; 19
(b) Has the ability to develop a learning plan for each student that integrates 20
graduation requirements and career goals; 21
(c) Provides a course catalog that includes all courses that are necessary to 22
meet graduation requirements; and 23
(d) Has the ability to provide the following: 24
1. Remediation opportunities in literacy and numeracy; 25
2. Career pathways coursework; 26
3. Preparation for workforce credentials; 27
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4. Career placement services; and 1
5. Academic skills intake assessments and transcript evaluations. 2
(5) On or before October 15 of each year, the Education and Labor Cabinet shall 3
approve all accredited providers who meet the requirements in subsection (4) of 4
this section and plac e all approved program providers on an approved program 5
providers list. Approved program providers shall begin enrolling students on or 6
before November 15 of each year. Approved program providers shall maintain 7
approval status unless the approved program p rovider is removed from the 8
approved program providers list pursuant to subsection (11) of this section. 9
(6) The Education and Labor Cabinet shall pay approved program providers the 10
following amounts for each student who completes the following milestones: 11
(a) Two hundred seventy-five dollars ($275) for each: 12
1. Completed half unit of high school credit; 13
2. Completed employability skills certification; and 14
3. Earned workforce credential that requires less than fifty (50) hours of 15
training; 16
(b) Five hundred fifty dollars ($550) for each earned workforce credential that 17
requires at least fifty (50) hours but not more than one hundred (100) hours 18
of training; 19
(c) Eight hundred twenty -five dollars ($825) for each earned workforce 20
credential that requires more t han one hundred (100) hours of training; 21
and 22
(d) One thousand one hundred dollars ($1,100) for each earned high school 23
diploma. 24
(7) Approved program providers shall submit monthly invoices to the Education and 25
Labor Cabinet not later than the tenth calendar day of each month for milestones 26
met in the previous calendar month. The cabinet shall pay approved program 27
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providers in the order in which invoices are submitted until all available monies 1
are exhausted. The cabinet shall provide a written update to the approved 2
program providers on or before the last calendar day of each month, including: 3
(a) The aggregate total dollars that have been paid to approved program 4
providers to date; 5
(b) The aggregate number of students currently enrolled in the program that 6
have had a previously invoiced milestone; 7
(c) The aggregate number of newly enrolled students that have not been 8
included in a previous invoice; and 9
(d) The estimated number of enrollments still available for the program year. 10
(8) An approved program provider shall only invoice for courses and credits required 11
to earn a high school diploma which may include additional courses that meet 12
workforce credential requirements. 13
(9) On or before October 30 of each year, each approved program provider shall 14
report the following to the Education and Labor Cabinet: 15
(a) The total number of: 16
1. Students who were funded through the program; 17
2. Earned credits; 18
3. Earned workforce credentials earned for each tier of funding; and 19
4. Students who graduated through the program; and 20
(b) The information required by the performance measures established by the 21
Education and Labor Cabinet pursuant to subsection (12) of this section. 22
(10) The Education and Labor Cabinet shall compile the reports received from each 23
approved program provider in accordance with subsection (9) of this section and, 24
by December 15 of each year, shall provide an annual report to the: 25
(a) Kentucky Board of Education; 26
(b) Secretary of State; and 27
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(c) Legislative Research Commission for referral to the: 1
1. Senate Committee on Economic Development, Tourism, and Labor; 2
and 3
2. House Committee on Economic Development and Workforce 4
Investment. 5
(11) (a) Beginning July 1, 2027, and each July 1 thereafter, the Education and 6
Labor Cabinet shall review data from each approved program provider to 7
ensure that each provider is achieving minimum program performance 8
standards, including: 9
1. A graduation rate of at least fifty pe rcent (50%) beginning with the 10
second cohort; and 11
2. An average student cost per graduate of seven thousand five hundred 12
dollars ($7,500) or less. 13
(b) The Education and Labor Cabinet may implement a process to bring an 14
approved program provider into compliance. 15
(c) If the program is extended by an act of the General Assembly, the 16
Education and Labor Cabinet shall revoke an approved program provider's 17
authorization to participate in the program if the approved program 18
provider does not comply with the requir ements of paragraph (a) of this 19
subsection within two (2) years. If the cabinet has revoked an approved 20
program provider's authorization, the provider shall be removed from the 21
program provider list. 22
(12) On or before November 1, 2027, the Education and La bor Cabinet shall 23
promulgate administrative regulations in accordance with KRS Chapter 13A 24
necessary to carry out this section, including but not limited to: 25
(a) The form required by subsection (4) of this section; 26
(b) Performance measures to evaluate the performance of adult education and 27
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workforce development programs offered by approved program providers 1
that: 2
1. Allow for a comparable evaluation across adult education and 3
workforce development programs; 4
2. Take into consideration the variety of learnin g levels of adult learners 5
entering the programs; and 6
3. Include: 7
a. Measurements of adult learner progress toward earning a high 8
school diploma; 9
b. The number of high school diplomas earned; 10
c. The number of industry-recognized credentials earned; 11
d. The number of adult learners or graduates who have 12
matriculated at an institution of higher learning or 13
postsecondary educational institution; 14
e. The number of adult learners or graduates who have n ewly 15
acquired employment, went on to earn higher wages, or who 16
have obtained a better job or a promotion; and 17
f. Other relevant measures identified by the Education and Labor 18
Cabinet; and 19
(c) A compliance process for approved program providers. 20
(13) This section shall expire on and have no force or effect after July 1, 2029, unless 21
extended by an act of the General Assembly. 22