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21LSO-0259
2021
STATE OF WYOMING
21LSO-0259
ENGROSSED
3.0
SENATE FILE NO. SF0127
Wyoming learn while you earn program.
Sponsored by: Senator(s) Kinskey, Dockstader, Nethercott and Steinmetz and Representative(s) Greear, Harshman, Kinner and Sommers
A BILL
for
AN ACT relating to education; establishing the Wyoming learn while you earn program; providing for students to take career technical education while also working; specifying requirements for approving programs and for student and employer participation in the programs; providing funding of the program as specified; 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; requiring review by the community college commission; requiring the creation of an account for the program; 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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506 are created to read:
ARTICLE 5
WYOMING LEARN WHILE YOU EARN PROGRAM
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501.
Definitions.
(a)
As used in this article:
(i)
"Academic term" means as defined by W.S. 21
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402(a)(i);
(ii)
"College" or "community college" means an institution established under the Wyoming Community College System Code;
(iii)
"Commission" means the Wyoming community college commission;
(iv)
"Credential" means a license, permit, certificate or other government or industry recognized qualification for working in a skilled trade.
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502.
Wyoming learn while you earn program; creation; requirements; administration; student eligibility.
(a)
The Wyoming learn while you earn 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
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secondary career technical education program. The primary goal of the program is to encourage development of technical skills for a credential program for which there is employer demand in the community college's service area or in an established college consortium combined service area.
(b)
A community college district board may establish a learn while you earn program in accordance with the provisions of this article. Any community college district board that establishes a program shall not utilize any
funding available in the Wyoming learn while you earn account created by W.S. 21
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504 unless:
(i)
The program complies with the provisions of this article; and
(ii)
The board sends a written report of the program and its standards to the commission for review to assure compliance with this article.
(c)
Each program established by a community college district board under this article shall:
(i)
Provide students with employer
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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)(iv) during the period in which the student remains enrolled in the participating high school or community college and is a participant in the program. For purposes of this paragraph, a student commencing participation in a program under this article while enrolled in a high school 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 at least one (1) community college. For students enrolled in a high school, there shall also be an agreement between the high school and the employer;
(iii)
Be eligible for lawful employment within the United States;
(iv)
Require active participation by the employer to ensure necessary rigor for a college academic credit or credential program.
(d)
To participate in the Wyoming learn while you earn program and to be eligible for payment for participation in the 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 provided by the community college offering the program;
(iii)
Agree to allow verification by the high school or community college in which the student is enrolled, and by the community college that is operating the program, of the hours worked for, training paid by and wages paid by the employer under the program;
(iv)
Be eligible for lawful employment within the United States;
(v)
Comply with United States selective service system requirements for registration, if the requirements are applicable to the student;
(vi)
Not be currently in default on a federal Title IV education loan;
(vii)
Not owe 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;
(viii)
Not have received the number of payments specified in subsection (e) of this section.
(e)
No payment shall be made for a student's participation in a program under this article for more than six (6) semesters while enrolled in a high school and six (6) academic terms while enrolled in a community college.
(f)
Each participating community college shall determine a student's eligibility for participation in a program under this article.
(g)
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 a program under this article and consistent with existing dual and concurrent enrollment agreements. The agreement shall be expanded 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 and training provided through the program. The community college in which a student is enrolled in a noncredit program shall include the student full
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time equivalent in calculations pursuant to the funding allocation model as provided by W.S. 21
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202(c)(i).
(h)
Any community college may enter into agreements with one (1) or more employers seeking to participate in a program created under this article. Any high school may enter into agreements with one (1) or more employers for students enrolled in high school and enrolled in a program. All agreements shall:
(i)
Meet the requirements for student learners under federal law 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 and when the student is not receiving unpaid training;
(iv)
Require or include an option for the employer to provide unpaid training to the student in addition to payment for hours worked;
(v)
Provide or allow the option for reimbursement to an employer for time spent by the employer providing training to a student under a 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 the employer;
(vi)
Require the employer to allow verification by the college of hours worked, wages paid and training provided to the student by the employer.
(j)
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 established under this article.
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503.
Payments to colleges; use of funds; audits.
(a)
Subject to W.S. 21
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504, funds for the program under this article shall be expended as follows:
(i)
Funds deposited into the Wyoming learn while you earn account pursuant to W.S. 21
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504 shall be allocated and expended based upon the actual enrollment in the program and verification of employer wages paid to eligible students in each program;
(ii)
Each college utilizing funds for the program shall prepare 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. Each college shall submit the list required by
this paragraph for each academic term at a date prescribed by rule of the commission. Each college shall review the lists compiled by the commission to ensure that there is no duplication of students between the programs of different colleges.
(b)
Funds for the program shall be expended for staff, resource materials and classroom equipment necessary to support the program, including reimbursement to employers training students as provided in W.S. 21
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502(h). Community colleges may enter into consortium agreements for operation of programs established under this article.
(c)
The commission may conduct an audit of any college establishing and operating a program under this article to determine compliance with any provision of this article.
(d)
In addition to any funds received from the Wyoming learn while you earn account, each college may accept any available funds from the federal government,
gifts and grants to establish and operate a program under this article.
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504.
Account created; funds continuously appropriated; distribution.
(a)
The Wyoming learn while you earn account is created. The account shall consist of funds appropriated by the legislature, gifts and grants accepted by the state or the commission 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 shall not lapse but shall remain in the account, subject to W.S. 21
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506.
(b)
Appropriated state funds within the Wyoming learn while you earn account shall be accounted for separately from all other funds within the account.
(c)
Subject to availability and subject to W.S. 21
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503, funds within the Wyoming learn while you earn
account shall be provided to a community college providing a program under this article as follows:
(i)
Community colleges shall apply to the commission for payment for eligible students in a college's program. The commission shall provide funding to each college based upon the actual enrollment in the program and verification of employer wages paid to eligible students in the program;
(ii)
Each community college shall notify the commission not later than thirty (30) days after each academic term in which a 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 commission shall verify whether there is any duplication of students on the community college's list with student lists from other
community 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 program. Not later than ten (10) days after receipt of the notice required by this paragraph, the commission shall authorize payment from the Wyoming learn while you earn account an amount equal to the certified wages paid to the college's enrolled eligible students in the program.
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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 learn while you earn funding shall be subject to legislative appropriation. 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; reversion of funds.
W.S. 21
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501 through 21
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505 are repealed effective June 30, 2026. No community college or the commission shall
authorize or utilize funding for the operation of any program under this article beyond June 30, 2026. Unexpended, unobligated legislative appropriations to the Wyoming learn while you earn account shall revert as provided by law on June 30, 2026.
Section 2.
W.S. 21
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111(a) by creating a new paragraph (xxii), 21
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309(m)(v)(D)(II), 21
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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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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. 21
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202(a)(xxvii), shall be provided by a teacher certified by the Wyoming professional teaching standards board for the vocational subject area associated with the course
. Programs established and operated in accordance with W.S. 21
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502 and that are provided by a teacher certified by the Wyoming professional teaching standards board for the vocational subject area associated with the course shall qualify under this subdivision
;
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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 required in W.S. 21
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501 through 21
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506. Funds requested for the Wyoming learn while you earn program shall be requested by an exception budget and shall be designated as separate special funding for the Wyoming learn while you earn program only. Funds distributed pursuant to the Wyoming learn while you earn 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 one million dollars ($1,000,000.00) from the general fund to the Wyoming learn while you earn account created in W.S. 21
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504(a), as created by section 1 of this act. This appropriation shall not be transferred or expended for any purpose other than as provided in this act. Any unexpended and unobligated
funds remaining from this appropriation on June 30, 2026 shall revert as provided by law.
Section 4.
The Wyoming community college commission shall promulgate any rules necessary to implement the provisions of this act.
Section 5
.
(a) Except as provided in subsection (b) of this section, this act is effective July 1, 2021
.
(b) Sections 4 and 5 of 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.
(END)
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SF0127