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HOUSE BILL NO. 551
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on ________________)
(Patron Prior to Substitute--Delegate Anderson)
A BILL to amend and reenact §
2.2-2037
of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 20.2 of Title 2.2 an article numbered 5, consisting of sections numbered
2.2-2058
through
2.2-2064
, relating to Department of Workforce Development and Advancement; recognition of nondegree workforce training programs.
Be it enacted by the General Assembly of Virginia:
1. That §
2.2-2037
of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 20.2 of Title 2.2 an article numbered 5, consisting of sections numbered
2.2-2058
through
2.2-2064
, as follows:
§
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.
10. Establish
a recognit
ion
pathway for nondegree workforce training programs in accordance with Article 5 (§
2.2-2058
et seq.).
Article
5
.
Recognition
of Nondegree Workforce Training Programs
.
§
2.2-2058
. Definitions.
As used in this article, unless the context requires a different meaning:
"Employer
-
verified on
-
the
-
job learning" means documented workplace training with supervisor confirmation of tasks and hours.
"Nondegree workforce t
raining program" means an open-to-the-public course or program that does not award an academic degree and prepares individuals for an occupation identified within the framework of
the
O*NET
occupational information
network
.
"O*NET" means
the U.S. Department of Labor
'
s Occupational Information Network, a federal occupational information system organized by standard occupational classification codes and used as a reference framework for curriculum, task, and performance expectations.
"Recognized third
-party
performance body"
means an independent organization that verifies performance standards meeting criteria set by the Department.
§
2.2-205
9
.
Recognition
of
nondegree workforce training programs
.
A.
The Department shall establish
a
recognition
pathway for nondegree workforce training programs
in order to
align the
skills of the Commonwealth's workforce with the needs of
industry in the Commonwealth and to provide a workforce entrance pathway for underserved populations in the Commonwealth.
B. The Department s
h
all
recognize
nondegree workforce training programs that meet the requirements of this article and Department
regulations
.
C. The Department shall adopt regulations t
o implement the provisions of this article.
§
2.2-20
60
.
Scope of article
.
A.
Recognition
under this article shall
confer eligibility for state workforce recognition and funding alignment
in accordance with the provisions of §
2.2-
2064
and shall
satisfy any overlapping nondegree criteria
for programs
administered by another state agency.
B.
Rec
ognition
under this article shall not be considered academic accreditation or authorize a program to confer degrees. Such
recognition
shall not, by itself, qualify a program for eligibility for financial aid under Title IV of the federal Higher Education Act of 1965, as amended.
C
.
Nothing in this article shall authorize the Department to
recognize
any
elementary or secondary school
or program
subject to
the jurisdiction
of
the Department of Education or an
y
degree-granting program or institution
subject to
the jurisdiction
of the State Council of Higher Education for Virginia.
D. The Department shall enter into a memorandum of understanding with the
Department of Education and the State Council of Higher Education for Virginia
to prevent duplicative oversight and to refer providers appropriately when a provider seeks degree authority.
§
2.2-20
61
.
Minimum standards
.
A.
The D
epartment shall establish minimum standards for
recogn
ition
of
nondegree workforce training programs
. Such standards shall
require a program to
:
1.
Define curriculum, task lists, and performance requirements within the
O*NET framework
;
2.
Provide not less than 40 percent of total instructional hours as hands-on laboratory
or
tool time with supervised repetition to build motor and muscle memory;
3
.
Use qualified instructors holding (i) relevant trade licensure
or
credential
s
where required by law or (ii)
a
t least
five years of recent, verifiable occupational experience;
4.
Embed safety and code instruction applicable to the trade;
5. Provide employer-verified
on
-
the
-
job learning
or structured work-based learning with documented tasks and hours
; and
6. Provide adequate
consumer protections
,
which shall
includ
e requirements for
publishing tuition and fees, a refund policy, truthful advertising,
maintenance of student records, and financial protection
.
B.
The Department may
rely on
one or more
recognized third-party performance bodies
to
verify that a nondegree workforce training
program meets the minimum standards and to valid
ate program performance.
§
2.2-20
62
.
Admissions
.
A.
A
program
seeking
Department recognition
shall require applicants to meet published admissions criteria. Such criteria shall allow
i
ndividuals 16 years of age or older, including students attending public or private schools and
students receiving home instruction pursuant to §
22.1-254.1
,
to
participate in
recognized
programs, subject to provider safety rules
. An
applicant without a high school diploma or
its
equivalent
shall
be
required to
have
achieved a passing score on a Department-approved assessment of basic skills.
B.
Department-recognized
programs
shall implement appropriate supervision, insurance, and worksite agreements for participants under 18 years of age.
§
2.2-206
3
. Reporting requirements.
A.
A Department-recognized program
shall report
,
at a frequency set by the Department,
credential attempts
and
passes, job placements, starting wages or
salary
ranges, and retention
rates
at 90 days and
at
12 months.
B. The Department shall publish aggregate
data
by occupation and region.
§
2.2-20
6
4
.
Funding alignment
.
A.
The Department may designate
Department-recognized
programs as eligible for state workforce grants and may recommend listing on the eligible training provider list for
federal Workforce Innovation and Opportunity Act
funding where permissible.
The Department may adopt outcomes-based holdbacks or bonuses tied to verified placements and retention and may withhold or condition state funds for noncompliance
.
B
. Any
Depar
tment
program
approved by the Governor as an eligible workforce program shall be fully eligible to participate in any federal workforce financial assistance program, subject to federal requirements
and subject to the availability of funding that is separate from or supplemental to funding streams designated for institutions of higher education
.
C.
Any
grants or other workforce funding provided to Department-recognized nondegree workforce training programs
pursuant to this article
shall be separate from or supplemental to funding streams designated for institutions of higher education
and sha
ll not reduce, redirect, or displace any funding streams allocated to institutions of higher education.
2. That the provisions of this act shall become effective on January 1, 2027.