Chapter 836 Oregon Laws 2009

AN ACT

HB 2398

Relating to workforce development; creating new provisions; amending ORS 660.318; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2, 3, 4 and 5 of this 2009 Act are added to and made a part of ORS 660.300 to 660.339.

SECTION 2. (1) There is created in the Department of Community Colleges and Workforce Development the Oregon Career Readiness Certification Program to certify the workplace and college readiness skills of Oregonians and to better prepare Oregonians for continued education and workforce training, successful employment and career advancement in a demand-driven, skills-based economy.

          (2) Program services may be offered through public high schools, community colleges, local and regional career centers, education service districts and any other institutions determined to be appropriate by the department.

          (3) Services provided by the program shall include, but are not limited to:

          (a) An assessment process that identifies the proficiency level of program participants in work-ready skills including, but not limited to, reading, applied mathematics, locating information and any additional skills determined by the department to be necessary to meet business and industry skill demands;

          (b) Targeted instruction and remedial skills training to provide work-ready skills in which program participants are not proficient, as determined by the assessment process described in paragraph (a) of this subsection, and that have been identified by the department as work-ready skills required by local employers;

          (c) Issuance of a career readiness certificate to program participants who demonstrate proficiency in work-ready skills, as determined by the assessment process described in paragraph (a) of this subsection, and who satisfy any other requirements for certification adopted by the department by rule; and

          (d) An online database that:

          (A) Serves as the repository for career readiness certificate attainment data.

          (B) Provides online access to program data that enables employers to determine the work skill proficiency level of individual program participants and to locate certified individuals on a statewide or regional basis.

          (C) Provides individual program participants the opportunity for career exploration, continuing education, job readiness practice and job searches.

          (D) Provides individual program participants the opportunity to opt out of the database in accordance with rules adopted by the department.

          (4) The Department of Community Colleges and Workforce Development, after consultation with the State Workforce Investment Board, the Department of Education and the State Board of Education, shall adopt rules for the implementation and administration of the program created under subsection (1) of this section.

          (5) The Department of Community Colleges and Workforce Development shall submit a report on program outcomes and recommendations for improving and funding the program to the appropriate interim legislative committees and to the Governor by December 1 of each year.

SECTION 3. (1)(a) The Department of Community Colleges and Workforce Development, in collaboration with the Employment Department and the State Workforce Investment Board, shall develop and implement a demand-driven, skills-based integrated workforce delivery system focused on skills and talent development.

          (b) The integrated workforce delivery system implemented under paragraph (a) of this subsection must include, and the Department of Community Colleges and Workforce Development shall maintain, a workforce training inventory of prioritized occupations.

          (c) The Department of Community Colleges and Workforce Development shall prioritize recommendations for the allocation of workforce training resources by the integrated workforce delivery system based on occupational prioritization data developed by the Employment Department.

          (2) The Department of Community Colleges and Workforce Development shall adopt rules necessary for the implementation and administration of the integrated workforce delivery system developed under subsection (1) of this section.

SECTION 4. (1)(a) There is created in the Department of Community Colleges and Workforce Development a program to make grants to pilot projects to promote hands-on experience and education in the fundamentals and core competencies in architecture, construction trades and engineering for high school juniors and seniors.

          (b) Pilot projects funded by the program created under this subsection shall be based on collaborative efforts between local school districts, community colleges, business organizations and labor organizations that provide participants the opportunity for education and training in skills required to meet the workforce development needs of local, regional and statewide employers.

          (c) The department may apply for and receive grants and gifts from public and private sources to fund grants provided under this section.

          (2) The program created under subsection (1) of this section for making grants to pilot projects shall ensure that:

          (a) Local communities are informed about the availability of the grants;

          (b) The pilot projects are geographically distributed throughout Oregon;

          (c) Urban and rural participants have equal opportunity to access quality educational opportunities;

          (d) Representatives of related, ongoing community efforts assist in the implementation of architecture, construction trades and engineering education and training; and

          (e) The program and timelines are designed to minimize barriers to receiving funds.

          (3) When considering applications for grants, the program shall give priority to pilot projects that:

          (a) Provide access for high school juniors and seniors to architecture, construction trades and engineering education and training through the efforts of local and regional career centers and public-private consortia;

          (b) In combination with other projects receiving funds, contribute to architecture, construction trades and engineering education and training opportunities in every part of the state;

          (c) Use private and federal funds;

          (d) Facilitate sharing of resources through public-private partnerships including collaboration among local school districts, community colleges, business organizations and labor organizations;

          (e) Have a long-term strategic plan and lack only the necessary financial resources;

          (f) Help students connect education and training with career planning and job opportunities through local and regional career centers implemented under the federal Workforce Investment Act;

          (g) Provide articulated secondary and post-secondary education programs that are designed to lead to a degree or industry-specific skills certification; and

          (h) Establish short-term training programs that meet the immediate needs of local and regional employers.

          (4)(a) The department shall include in the program created under subsection (1) of this section a process for the certification of instructors for the program to provide education and practical experience in architecture, construction trades and engineering.

          (b) The department shall adopt by rule requirements for the certification of instructors described in paragraph (a) of this subsection.

          (c) Notwithstanding the requirements adopted under paragraph (b) of this subsection, a person qualified to serve as an instructor in a state-recognized apprenticeship program is qualified for certification as an instructor for projects implemented under this section.

SECTION 5. There is established in the State Treasury, separate and distinct from the General Fund, the Youth Employment Enhancement Fund. Moneys in the fund are appropriated continuously to the Department of Community Colleges and Workforce Development for the purposes of section 4 of this 2009 Act.

SECTION 6. ORS 660.318 is amended to read:

          660.318. (1) To implement and oversee state implementation of Title I-B, the Department of Community Colleges and Workforce Development may:

          (a) Receive federal youth activities funds allotted to this state by the Secretary of Labor pursuant to Title I-B and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce Investment Board and approved by the Governor.

          (b) Receive federal adult employment and training activities funds allotted to this state by the Secretary of Labor pursuant to Title I-B and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce Investment Board and approved by the Governor.

          (c) Receive federal dislocated worker funds allotted to this state by the Secretary of Labor pursuant to Title I-B and allocate those funds that are not reserved according to an allocation formula recommended by the State Workforce Investment Board and approved by the Governor.

          (d) Establish a procedure for use by local workforce investment boards to identify eligible providers of training services according to section 2864 of the federal Act and to maintain the list of providers identified as eligible by the boards in all local workforce investment areas in this state.

          (e) Receive the comprehensive strategic plan developed and implemented by each local workforce investment board and review the plan, with input from representatives of state and local workforce programs, to determine if the plan meets the requirements of section 2833 of the federal Act and state policy.

          (f) Approve the plans, after review by the State Workforce Investment Board, that are found to meet the requirements of Title I-B and review and approve any amendments to the plans.

          (g) Carry out the required and allowable activities described in section 2864 of the federal Act with the advice of the Education and Workforce Policy Advisor.

          (h) Pursuant to ORS 660.339, establish procedures to maintain the confidentiality of the names and records of participants in workforce programs for which the department is responsible, including circumstances under which the names and records may be disclosed.

          (i) Establish a method to set performance standards for the Secretary of Labor as required under section 2871 of the federal Act.

          (j) Perform planning functions related to Title I-B programs and performance reporting.

(2)(a) Subject to the availability of funds from the federal Workforce Investment Act, the Department of Community Colleges and Workforce Development shall create and operate a summer youth employment program that reestablishes meaningful summer work experience for persons between the ages of 14 and 24 and that meets the requirements for funding under the federal Act.

          (b) Programs funded under this subsection:

          (A) Must include representatives of the business community in the planning, implementation and evaluation of the program.

          (B) May provide for private and public sector employment opportunities.

          (C) Shall be managed by local workforce investment boards in a manner that coordinates regional state-sponsored youth work experience programs.

          (c) Local workforce investment boards responsible for managing programs created under this subsection shall provide training for business, labor and education leaders in use of best practices that assure positive summer work experiences for participants.

          (3) The Department of Community Colleges and Workforce Development shall collaborate with the State Workforce Investment Board and local workforce investment boards to collect data on summer work experience programs that identify successful summer work experiences and allow for the identification and dissemination of promising practices.

          (4) The department, in consultation with the State Workforce Investment Board, may adopt rules pursuant to ORS chapter 183 to implement this section.

          [(2) The department, in consultation with the State Workforce Investment Board, may adopt rules pursuant to ORS chapter 183 to implement this section.]

SECTION 7. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor July 28, 2009

Filed in the office of Secretary of State July 28, 2009

Effective date July 28, 2009

__________