WEST
virginia legislature
2019 regular session
Introduced
Senate Bill 460
[Introduced
January 29, 2019; Referred
to the Committee on Education]
A BILL to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §21-1E-1, §21-1E-2,
§21-1E-3, §21-1E-4, and §21-1E-5; and to amend said code by adding thereto a
new article, designated §30-1E-1, §30-1E-2, §30-1E-3, and §30-1E-4, all
relating to requiring standards and procedures for recognizing career technical
training acquired in public schools, apprenticeship programs, and employer-sponsored
training programs toward occupational testing, certification, and/or licensure;
establishing purpose and intent; providing definitions; requiring rules
providing standards and procedures be proposed by Commissioner of Labor and by
licensing boards and commissions; providing for creation of lists of existing
apprenticeships, certifications, and other credentials that reflect existing
workforce needs and for dissemination to high school students; and requiring
Commissioner of Labor rule to include guidelines for collection and
dissemination in manner easily accessible to both students and their parents.
Be it enacted by the Legislature of West Virginia:
CHAPTER 21. LABOR.
ARTICLE 1E. CAREER TRAINING EDUCATION AND
APPRENTICESHIPS.
§21-1E-1. Declaration of purpose.
The provisions of this article are intended to
facilitate certification and/or licensure for workers who acquire training via
career technical education provided by West Virginia public schools or an
employer-sponsored training program.
§21-1E-2. Definitions.
As used in this article and the legislative rules
promulgated pursuant to this article:
“Apprenticeship program” means a plan containing all
terms and conditions for the qualification, recruitment, selection, employment
and training of apprentices, as required under 29 CFR parts 29 and 30,
including such matters as the requirement for a written apprenticeship
agreement.
“Employer-sponsored training program” means a training
program provided by a licensed employer approved in accordance with a rule
promulgated by the Commissioner of Labor.
“License” means a valid and current license issued by
the Commissioner of Labor in accordance with the provisions of this article.
“Career technical education” means programs of study,
clusters, and pathways approved by the West Virginia Board of Education
pursuant to state board policy.
§21-1E-3. Recognition of training and apprenticeship
programs.
Beginning July 1, 2019, applicants for certification or
licensure shall be permitted to apply training hours earned via career
technical education provided by West Virginia public schools, apprenticeship
programs or employer-sponsored training programs towards the requirements for
certification and/or licensure in the same occupation in accordance with the
standards and procedures authorized in accordance with this article.
§21-1E-4. Career and technical education information
for high school students.
(a) The Department of Education shall coordinate with
the Department of Labor and Workforce West Virginia to create a list of
existing apprenticeship programs and employer-sponsored training programs
throughout the state, as well as a list of certifications and other credentials
that reflect current workforce needs, to educate and prepare high school
students regarding career and technical education (CTE) opportunities and
careers following graduation.
(b) Each county school district annually shall provide
each student, beginning in the ninth grade, with the following information:
(1) Career and technical education programs within the
district and adjoining districts; and
(2) The EDGE program, established by §18-3-1 et seq.
of this code, which provides the opportunity for the student to obtain dual
credits that count toward the high school graduation requirements, as well as
to count toward the student’s achievement of a certificate or Associate Degree.
(3) A list of apprenticeship programs and
employer-sponsored training programs created pursuant to §21-1E-4(a) of this
code.
(4) A list of certificates and credentials created
pursuant to §21-1E-4(a) of this code.
(5) Details regarding enlistment and opportunities
within the armed forces, including local recruiter contact information.
§21-1E-5. Rule-making authority.
The Commissioner of Labor shall propose rules for
legislative approval, in accordance with the provisions of §29A-3-1 et seq.
of this code, for the implementation and enforcement of the provisions of this
article. The rules shall provide at least the following:
(1) Standards and procedures for recognizing training
hours acquired career technical education provided by West Virginia public
schools and applying those hours to requirements for testing and/or
certification and/or licensure.
(2) Standards and procedures for recognizing training
hours acquired through employer-sponsored training programs and applying those
hours to requirements for testing and/or certification and/or licensure.
(3) After conferring with the State Board of Education,
guidelines for collection and dissemination of information collected pursuant
to §21-1E-4 in a manner easily accessible to both students and their parents.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 1E. CAREER TRAINING EDUCATION AND
APPRENTICESHIPS.
§30-1E-1. Declaration of purpose.
The provisions of this article are intended to
facilitate certification and/or licensure for workers who acquire training via
career technical education provided by West Virginia public schools or apprenticeship
programs and employer-sponsored training programs.
§30-1E-2. Definitions.
As used in this article and the legislative rules
promulgated pursuant to this article:
“Apprenticeship program” means a plan containing all
terms and conditions for the qualification, recruitment, selection, employment
and training of apprentices, as required under 29 CFR parts 29 and 30,
including such matters as the requirement for a written apprenticeship
agreement.
“Employer-sponsored training program” means a training
program provided by a licensed employer approved in accordance with a rule
promulgated by the Commissioner of Labor.
“License” means a valid and current license issued by a
regulatory board or commission in this chapter.
“Career technical education” means programs of study,
clusters, and pathways approved by the West Virginia Board of Education
pursuant to state board policy.
§30-1E-3. Recognition of training and
apprenticeships.
Beginning July 1, 2019, applicants for certification or
licensure shall be permitted to apply training hours earned via career
technical education provided by West Virginia public schools, apprenticeship
programs or an employer-sponsored training program towards the requirements for
certification and/or licensure in the same occupation in accordance with the
standards and procedures authorized in accordance with this article.
§30-1E-4. Rule-making authority.
The licensing boards and commissions shall propose
rules for legislative approval, in accordance with the provisions of §29A-3-1 et
seq. of this code for the implementation and enforcement of the provisions
of this article. The rules shall provide at least the following:
(1) Standards and procedures for recognizing training
hours acquired in career technical education provided by West Virginia public
schools and applying those hours to requirements for testing and/or
certification and/or licensure.
(2) Standards and procedures for recognizing training
hours acquired through apprenticeship programs and employer-sponsored training
programs applying those hours to requirements for testing and/or certification
and/or licensure.
NOTE: The purpose of this bill is to allow training hours earned
through public school education or employer-sponsored training programs to
count towards an applicant’s occupational certification and/or licensure.
Strike-throughs indicate language that would be stricken from a
heading or the present law and underscoring indicates new language that would
be added.