H. B. 3009
(By Delegates Mezzatesta, Martin, Williams,
Stemple, Manuel, Houston and Fletcher)
(Originating in the Committee on Education)
[March 1, 1999]
A BILL to amend chapter eighteen-b of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article three-d, relating
to community and technical college education; creating the
community and technical college workforce development center
program; providing legislative findings and statement of
legislative intent with respect to workforce development
centers; program administration by the workforce development
center steering committee; definition and mission of
workforce development centers; eligibility criteria;
authorizing special revolving funds; authorizing grants of
funds to workforce development centers based on requests for
proposals; legislative rules; and report to the legislative
oversight commission on education accountability.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article three-d, to read
as follows:
CHAPTER 18B. HIGHER EDUCATION
ARTICLE 3D. COMMUNITY AND TECHNICAL COLLEGE WORKFORCE
DEVELOPMENT CENTERS.
§18B-3D-1. Legislative findings and intent.
The Legislature finds that a recent statewide study of the
workforce training needs of employers throughout the state
provided a clear message from the business community that the
needs of employers are rapidly changing and training providers
must be more responsive or the state economy will suffer. The
Legislature further finds that this study, with information
specific to West Virginia, once again emphasizes the critical
link between education and economic development that empowering
youth and adults with the knowledge and skills they need to
succeed in the competitive work world also results in a workforce
which enables businesses and communities to prosper. Although
the study findings reflect a general satisfaction of employers
with the quality of the West Virginia workforce and provide
additional support that the measures adopted in the Jobs Through
Education Act will bring continued improvement, a central theme
is that workforce needs are not static, critical skill shortages
currently exist, and the establishment of a workforce development
system that responds more quickly to the evolving skill requirements of employers is needed.
It is the intent of the Legislature through the grant of
funds under this article to provide limited seed money for the
establishment of workforce development centers in affiliation
with the state's community and technical colleges to address some
of the specific areas where improvement is needed, including
improving employer awareness and access to services available
through the state's educational institutions, providing
designated professionals and resources to support workforce
education through the state's educational institutions, and
equipping the state's educational institutions to rapidly respond
to employer needs for workforce education. It is further the
intent of the Legislature that consideration and partnering
opportunities be given to small businesses on an equal basis to
larger businesses for the purposes of this article. It is the
intent of the Legislature that the seed money will assist in
enabling the workforce development centers to become self- sustaining through partnerships with business and industry which
will include cost-sharing initiatives and fees charged for the
use of services. The Legislature intends that grants of funds
made under the provisions of this article will be competitive
among applicants who meet all of the criteria established in this
article under the definition and mission of workforce development
centers and as may in addition be specified in the request for
proposals. Subject to the availability of funds, more than one competition may be held during the same fiscal year and the
dollar range of awards granted in successive competitions shall
be prorated based on the number of months remaining in the fiscal
year. It is further the intent of the Legislature that the
granting of funds under this article will stimulate the
development of permanent workforce development centers through an
affiliation with a state community and technical college which
promotes the mission of community and technical colleges as set
forth in section three-a, article three of this chapter. Subject
to annual review and justification, it is the intent of the
Legislature to renew grant awards made under this article each
year for five years following the initial grant award.
§18B-3D-2. Workforce development center program created; program
administration.
There is hereby created under the secretary of education and
the arts a workforce development center program for the purpose
of administration and oversight of grants to local partnerships
to achieve the purposes of this article in accordance with
legislative intent.
The secretary of education and the arts, in consultation
with the president of the Senate and the Speaker of the House of
Delegates, shall appoint and chair a program steering committee
which shall review and approve the expenditure of all grant
funds, including review and approval of the requests for
proposals, the review and selection of applicants for funding and the annual review and justification of applicants for grant
renewal. The steering committee shall be composed of a majority
of members from the private sector and shall include
representation from public vocational, technical and adult
education, community and technical college education, workforce
development, economic development, business, including small
business, and labor.
The vice chancellor for community and technical education is
the project director and is responsible for providing technical
assistance to community and technical colleges in accomplishing
the purposes of this article. For this purpose, the steering
committee may allocate a reasonable amount not to exceed ten
percent of the funds available for grants to local centers on an
annual basis, for expenditure by the vice chancellor to employ
additional staff, conduct on-site reviews, assist in the
dissemination of information, other activities related to the
performance of duties as the project director and for general
program administration. The allocation shall be made on the
basis of a budget proposed by the vice chancellor and approved by
the steering committee. Members of the steering committee who
are not employees of the state are eligible for reimbursement for
reasonable and necessary expenses incurred in the performance of
their duties, which shall be paid from the allocation for general
program administration.
The vice chancellor shall report to the legislative oversight commission on education accountability on the status of
the workforce development center program initially by the first
day of December, one thousand nine hundred ninety-nine, and
annually thereafter by the first day of December.
Nothing in this article requires a specific level of
appropriation by the Legislature.
§18B-3D-3. Definition and mission of workforce development
centers.
(a) For the purposes of this article, a workforce
development center is an entity affiliated with a community and
technical college as defined in section two, article one of this
chapter, which meets the following criteria:
(1) An administrative council for the workforce development
center composed of a majority of members from the private sector
has been appointed by the administrative head of the community
and technical college. The administrative council is chaired by
the administrative head of the community and technical college
and includes representation from public vocational, technical and
adult education, community and technical college education,
workforce development, economic development, business and labor,
and may be a subcommittee of the community and technical college
district consortia committee. The administrative council shall
participate in the development of and approve applications for
funding grants under the provisions of this article, and shall
approve the workforce development center budget;
(2) The community and technical college has employed a full- time director of the workforce development center, subject to
approval by the administrative council, to focus on the operation
of the center;
(3) A special revolving fund dedicated solely for the use
of the workforce development center for the purposes provided in
this article has been established at the community and technical
college under the jurisdiction of the administrative council.
Any fees or revenues generated from the operations of the center
shall be deposited into this fund;
(4) The workforce development center agrees and is required
to share any curricula developed through the activities of the
center with other workforce development centers established
pursuant to this article;
(5) The workforce development center is a visible point of
contact for workforce development within the region and serves as
a referral for services provided through other education
providers and public and private training providers in the
region; and
(6) The acceptance of a grant under the provisions of this
article commits the administrative council to such terms,
conditions and deliverables as is specified in the request for
proposals, including, but not limited to, the measures by which
the performance of the workforce development center will be
evaluated.
(b) The mission of a workforce development center is to:
(1) Become a client-focused center that develops programs
that meet documented employer needs;
(2) Involve and collaborate with employers in the
development of programs;
(3) Develop customized training programs that provide for
the changing needs of employers and that are offered at flexible
times and locations to accommodate employer scheduling;
(4) Develop partnerships with other public and private
educational institutions and training providers, including small
business development centers, and with business and labor, to
fulfill the workforce development needs of their region;
(5) Assist in the on-going assessment of the workforce
development needs of the region; and
(6) Serve as a visible point of contact and referral for
services to meet the workforce development needs of the region.
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