WEST virginia legislature

2023 regular session

ENROLLED

Committee Substitute

for

House Bill 2005

By Delegates Worrell, Ellington, Smith, Clark, Dean, Barnhart, Statler, Fehrenbacher, Riley, Dittman and Hillenbrand

[Passed March 10, 2023; in effect ninety days from passage.]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-14-4, all relating to the dual enrollment pilot program; providing definitions; establishing the program to be administered by the Higher Education Policy Commission and the Council for Community and Technical College Education in conjunction with the State Board of Education; providing for funding; providing for rulemaking; and requiring annual reporting.

Be it enacted by the Legislature of West Virginia:

ARTICLE 14. Miscellaneous.

§18B-14-4. Dual enrollment pilot program established; definitions; funding; annual reporting.

(a) Definitions. – As used in this section, unless used in a context that clearly requires a different meaning, the term:

"Dual credit course" means a credit-bearing college-level course offered by an eligible institution to secondary school students in which the students receive credit at both the secondary and post-secondary levels.

"Dual enrollment" means the registration of an eligible secondary student in a post-secondary course creditable toward high school completion and a career technical certificate, associate degree, or baccalaureate degree.  A student who is enrolled in post-secondary instruction that is not creditable toward a high school diploma may not be classified as a dual enrollment student.

"Eligible course" means any class or program of instruction offered at an eligible institution for which the student receives credit toward both high school completion and a post-secondary certificate or degree. Applied academics for adult education instruction, developmental education, physical education courses, and recreation and leisure studies courses are not eligible courses for dual enrollment purposes.

"Eligible institution" means a state institution of higher education as that term is defined in §18B-1-2 of this code.

"Eligible student" means any secondary school student, including a homeschool, charter school, microschool, learning pod, or private school student, who meets minimum criteria established by the state school board and the commission or the council, as appropriate, for the purpose of enrolling in a dual credit course.

(b) Dual enrollment pilot program established. – In conjunction with the state board and under the supervision of the commission and the council, the chancellor and the state superintendent shall establish a four-year pilot program whereby eligible institutions shall offer dual enrollment courses that will comprise individualized pathways for career and post-secondary educational opportunities for the state’s secondary school students. These students shall be enrolled in eligible courses leading to careers in certain designated career pathways, namely direct care health professions; information technology; science, technology, engineering, and math (STEM) fields; education; advanced manufacturing; welding and fabrication; construction; agriculture; and any other program that meets a workforce need in the state as determined by the Department of Commerce.

(c) Funding. – From appropriations to the commission and the council for the purposes of implementing and administering the dual enrollment pilot program established in this section, the commission or the council, as appropriate, shall pay directly to the eligible institutions from such appropriations the cost of the tuition and academic fees incurred by eligible students taking dual credit courses in accordance with the dual enrollment pilot program established in this section.

(d) Rulemaking. – In consultation with the state board, the commission and council may propose legislative and emergency rules pursuant to §29A-3A-1 et seq. of this code to implement the provisions of this section.

(e) Annual reports. – By December 1, 2024, and annually thereafter for the duration of the pilot program, the chancellor shall report to the Legislative Oversight Commission on Education Accountability on:

(1) The number of students participating in the program;

(2) The number and type of credits and certifications or credentials earned by students who have participated in the program;

(3) The dollar amount expended associated with this program;

(4) Projected growth in the program and funding needs for the next year;

(5) The job status of students who have participated in the program;

(6) Any issues with the program reported by students, parents, secondary schools, and institutions of higher education; how these issues are being addressed; and whether the issues require legislative action; and

(7) A recommendation from the chancellor and the state superintendent on whether the program should continue beyond its four-year pilot period.

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect ninety days from passage.

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Speaker of the House of Delegates

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President of the Senate

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2023.

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Governor