Wyoming learning and work program.

20LSO-0569
2020
STATE OF WYOMING
20LSO-0569
Numbered
2.0

HOUSE BILL NO. HB0242

Wyoming learning and work program.

Sponsored by: Representative(s) Greear and Sommers and Senator(s) Kinskey and Nethercott

A BILL

for

AN ACT relating to education and labor; establishing the Wyoming learning and labor program; providing for students to take career technical education programs while also working; specifying requirements for approving programs and for student and employer participation in the programs; providing for payments to community colleges providing approved programs and for payments to employers providing work experience and training; providing for agreements between colleges, high schools and employers; providing for administration by the community college commission; creating accounts; providing a sunset for the program; providing an appropriation and for a continuous appropriation; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
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501 through 21
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18
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506 are created to read:

ARTICLE 5
WYOMING LEARNING AND LABOR PROGRAM

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18
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501.

Definitions.

(a)

As used in this article:

(i)

The terms "academic term," "college," "community college," and "commission" shall mean as defined in W.S. 21
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402;

(ii)

"Credential" means a license, permit, certificate or other government or industry recognized qualification for working in the fields of instrumentation technology, welding or as a machinist or mechanic.

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502.

Wyoming learning and labor program created; requirements; administration; student eligibility.

(a)

The Wyoming learning and labor program is created to allow students attending a Wyoming high school or Wyoming community college to earn wages from participating employers while participating in an approved post
‑
secondary career technical education program. The Wyoming learning and labor program shall be administered by the Wyoming community college commission. The commission shall promulgate rules and regulations to govern the program. The rules shall include criteria under which to approve programs. The process for approving programs for funding shall reflect the primary goal of developing technical skills for a credential program for which there is employer demand in the college's service area or an established college consortium combined service areas.

(b)

The commission shall approve post
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secondary career technical education programs for funding under this article. To be eligible a program shall:

(i)

Provide students with employer paid career technical education experience in a post
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secondary career technical education program in a field specified in W.S. 21
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501(a)(ii) during the period in which the student
remains enrolled in the participating high school or college and is a participant in the program. For purposes of this paragraph a student commencing participation in an approved program while enrolled in a high school or community college shall be considered to be enrolled in a high school until he is disenrolled or graduates, including those days the school is not in session;

(ii)

Be provided under an agreement between at least one (1) employer and one (1) or more community colleges. For students enrolled in a high school there shall also be an agreement between the high school and the employer;

(iii)

Provide college academic credit or educational credit necessary for a post
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secondary credential. The receipt of college academic credit shall not be a requirement for an approved program;

(iv)

Require active participation by the employer to ensure necessary rigor for a credit or credential program;

(v)

Meet other criteria established by rule of the commission to ensure the requirements of this article are met.

(c)

To participate in the Wyoming learning and labor program students shall:

(i)

Be enrolled in a Wyoming high school or community college participating in the program;

(ii)

Make application in the form and manner as required by commission rule;

(iii)

Agree to allow verification by the high school or community college in which the student is enrolled, and by the commission, of the hours worked for, and training provided by, the employer and wages paid by the employer under the program;

(iv)

Not be ineligible under subsection (d) of this section.

(d)

No payment shall be made for a student's participation in an approved program under this article for more than four (4) semesters while enrolled in a high school and six (6) academic terms while enrolled in a community college. No payment shall be made for a student's participation in an approved program under this article if the student:

(i)

Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements or requirements of a subsequent similar federal enactment;

(ii)

Has not complied with United States selective service system requirements for registration, if the requirements are applicable to the student;

(iii)

Is currently in default on a federal Title IV education loan;

(iv)

Owes a refund under a federal Title IV student financial aid program or a subsequently enacted
similar federal student financial aid program, or a student financial aid program administered through the state.

(e)

Each participating community college shall determine a student's eligibility for participation in an approved program.

(f)

Any school district within the state may allow students enrolled in the district to receive a portion of a student's education pursuant to an agreement with a community college providing an approved program under this article and consistent with existing dual and concurrent agreements. The agreement shall expand to include noncredit dual and concurrent enrollment under this article. The district in which the student is enrolled shall include the student within its average daily membership (ADM) for purposes of the foundation program under W.S. 21
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309. The community college providing a portion of the student’s education may assess the school district for the classes the student attends and training the student receives. The amount assessed by the college shall not exceed the amount of wages earned by the student in the program, together with the cost incurred by the college for education and by
the employer for training provided under the program. The tuition shall be equal to or less than the per ADM amount the enrolling district receives. The high school student shall not be charged any additional tuition or fees for participation in the program.

(g)

Any community college may enter into agreements with one (1) or more employers seeking to participate in an approved program. Any high school may enter agreements with one (1) or more employers for students enrolled in high school. All agreements shall:

(i)

Meet the requirements for student learners under 29 Code of Federal Regulations part 570.50 for those students under eighteen (18) years of age;

(ii)

Provide that the student shall be an employee of the employer while participating in the program;

(iii)

Require the employer to provide wages to the student participating in the program while working for the employer;

(iv)

May require the employer to provide training to the student in addition to payment for hours worked;

(v)

May provide for reimbursement to an employer for time spent by the employer providing training to a student under an approved program when the student is not receiving wages. The reimbursement shall be at a predetermined rate agreed to by the college or high school and employer;

(vi)

Shall require the employer to allow verification by the college and commission of hours worked, wages paid and training provided to the student by the employer.

(h)

The commission in collaboration with community colleges and school districts shall determine the credit to be granted by community colleges for hours of student program participation. The commission shall develop and maintain a common course numbering system among community
colleges and school districts for programs approved by the commission.

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503.

Payments to colleges; use of funds; audits.

(a)

Subject to availability, funds within the Wyoming learning and labor account shall be provided to a community college providing an eligible program as follows:

(i)

Colleges shall apply to the commission for payment for eligible students for approved programs. The commission shall provide funding to each college based upon the actual enrollment in the approved program and verification of employer wages paid to eligible students in each approved program;

(ii)

Each community college shall certify to the commission not later than thirty (30) days after each academic term in which an approved program is provided, a list of eligible students enrolled in each program, whether as a high school enrollee through agreement with the college or as an enrollee of the college. The college shall
also include in the list for all eligible students the wages paid to those students by employers for hours worked in the program, identifying separately wages paid to students enrolled in high school and the college's enrolled students. The executive director of the community college commission shall verify whether there is any duplication of students on the community college list with student lists from other colleges for the same academic term. The executive director shall certify to the commission the amount of wages paid to the college's enrolled students under each approved program. The commission shall authorize payment from the Wyoming learning and labor account an amount equal to certified wages paid to the college's enrolled eligible students in the approved program.

(b)

Funds received by colleges under this section and from assessments under W.S. 21
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502(f) shall be expended for staff, resource materials and classroom equipment necessary to support the Wyoming learning and labor program, including reimbursement to employers training students as provided in W.S. 21
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502(g). Community colleges may collaborate on the use of funds received from
the Wyoming learning and labor program account, entering into consortium agreements for operation of approved programs.

(c)

The commission may conduct an audit of any college participating in the program under this article to determine compliance with any provision of this article.

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504.

Account created; funds continuously appropriated.

(a)

The Wyoming learning and labor account is created. The account shall consist of funds appropriated by the legislature, gifts and grants accepted by the state and such other funds as directed by law. Monies within the account are continuously appropriated to the commission for
distribution as provided in this article. Interest and other earnings on funds within the account shall be credited to the account. Unexpended and unencumbered monies within the account at the end of each fiscal year shall not lapse but shall remain in the account.

(b)

Appropriated state funds within the Wyoming learning and labor account shall be accounted for separately from all other funds within the account.

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505.

Legislative oversight and authority.

Nothing in this article shall be construed to constitute an entitlement to funding by the legislature. Wyoming learning and labor funding shall be subject to legislative appropriation and the legislature reserves the right to modify or terminate the program established under this article at any time.

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506.

Sunset of program.

W.S. 21
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501 through 21
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505 are repealed effective June 30, 2024. The commission shall not authorize funding for the operation of any approved program under this article beyond June 30, 2024.

Section 2.

W.S. 21
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3
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111(a) by creating a new paragraph (xxii), 21
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309(m)(v)(D)(II),
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102(a)(xxiii) and 21
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205 by creating a new subsection (j) are amended to read:

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3
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111.

Powers of boards of trustees.

(a)

The board of trustees in each school district within the state may:

(xxii)

Authorize the superintendent of the district to enter into agreements with employers pursuant to W.S. 21
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502.

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309.

Determination of amount to be included in foundation program for each district.

(m)

In determining the amount to be included in the foundation program for each district, the state superintendent shall:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the
education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
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101(a)(xiv), as contained within the spreadsheets and accompanying reports referenced under W.S. 21
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101(a)(xvii). The following criteria shall be used by the state superintendent in the administration of the education resource block grant model:

(D)

Career
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vocational education computations within the education resource block grant model shall be based upon:

(II)

Career
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vocational education programs offered in grades nine (9) through twelve (12) consisting of a sequence of three (3) or more vocational courses in an occupational area or career cluster that provides students with the technical knowledge, skills or proficiencies necessary to obtain employment in current or emerging occupations or to pursue advanced skill training. To qualify under this subdivision, a vocational course shall be offered pursuant to W.S. 21
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101(b)(i)(J) and aligned with state content and performance standards prescribed by the state board of education under W.S. 21
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304(a)(iii), and except as provided under W.S.
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2
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202(a)(xxvii)
and for training provided in programs approved by the community college commission under W.S. 21
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502
, shall be provided by a teacher certified by the Wyoming professional teaching standards board for the vocational subject area associated with the course;

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102.

Definitions.

(a)

As used in this act:

(xxiii)

"This act" means W.S. 21
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101 through
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409
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506
.

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205.

Appropriation and distribution of state funds; restrictions; budget authority.

(j)

The commission may request funding for and shall distribute funds to colleges as provided in the Wyoming learning and labor program. Funds requested for the Wyoming learning and labor program shall be requested by an exception budget and designated as separate special funding for the Wyoming learning and labor program only. Funds distributed pursuant to the Wyoming learning and labor
program shall be accounted for and distributed separately from the funding allocation model under subsection (c) of this section, from special funding distributed pursuant to subsection (e) of this section and from the funding for the Wyoming works program under subsection (h) of this section.

Section 3.

There is appropriated five hundred thousand dollars ($500,000.00) from the general fund to the Wyoming learning and labor account. This appropriation shall not be transferred or expended for any purpose other than as provided in this act.

Section 4.

(a)

This section and the rulemaking authority granted to the Wyoming community college commission under this act are
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Except as provided in subsection (a) of this section, this act is
effective July 1, 2020
.

(END)

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HB0242