Bill Text: IN SB0345 | 2010 | Regular Session | Introduced
Bill Title: Commission for career and technical education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-11 - First reading: referred to Committee on Education and Career Development [SB0345 Detail]
Download: Indiana-2010-SB0345-Introduced.html
Citations Affected: IC 20-20-20; IC 20-32-3-13; IC 22-4; IC 22-4.1.
Synopsis: Commission for career and technical education. Abolishes
the commission for career and technical education (commission) and
transfers the duties of the commission to the state workforce innovation
council. Makes conforming amendments. Repeals provisions that
establish and provide for the operation of the commission.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Education and Career
Development.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
(1) Establish and monitor the operation of secondary level career and technical education in Indiana in accordance with the comprehensive long range state plan developed by the
(2) Establish a list of approved secondary level career and technical education courses in accordance with the workforce partnership plans under IC 22-4.1-14.
(b) The state board may authorize the department, whenever practical or necessary, to assist in carrying out the duties prescribed by this chapter.
(c) The state board shall do the following:
(1) Implement, to the best of its ability, its career and technical education plan prepared under section 4 of this chapter.
(2) Investigate the funding of career and technical education on a cost basis.
(3) Cooperate with the
(1) general assembly;
(2) governor; and
(3) state workforce innovation council;
on attrition and persistence rates by students enrolled in secondary career and technical education. A biennial report under this section to the general assembly must be in an electronic format under IC 5-14-6.
commission. state workforce innovation council.
(b) The department of workforce development may:
(1) Administer the unemployment insurance program, the Wagner-Peyser program, the Workforce Investment Act, a free public labor exchange, and related federal and state employment and training programs as directed by the governor.
(2) Formulate and implement an employment and training plan as required by the Workforce Investment Act (29 U.S.C. 2801 et seq.), including reauthorizations of the Act, and the Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(3) Coordinate activities with all state agencies and departments that either provide employment and training related services or operate appropriate resources or facilities, to maximize Indiana's efforts to provide employment opportunities for economically disadvantaged individuals, dislocated workers, and others with substantial barriers to employment.
(4) Apply for, receive, disburse, allocate, and account for all funds, grants, gifts, and contributions of money, property, labor, and other things of value from public and private sources, including grants from agencies and instrumentalities of the state and the federal government.
(5) Enter into agreements with the United States government that may be required as a condition of obtaining federal funds related to activities of the department.
(6) Enter into contracts or agreements and cooperate with local governmental units or corporations, including profit or nonprofit corporations, or combinations of units and corporations to carry out the duties of the department imposed by this chapter,
including contracts for the establishment and administration of
employment and training offices and the delegation of the
department's administrative, monitoring, and program
responsibilities and duties set forth in this article.
(7) Perform other services and activities that are specified in
contracts for payments or reimbursement of the costs made with
the Secretary of Labor, any federal, state, or local public agency
or administrative entity, or a private for-profit or nonprofit
organization under the Workforce Investment Act (29 U.S.C.
2801 et seq.), including reauthorizations of the Act.
(8) Enter into contracts or agreements and cooperate with entities
that provide career and technical education to carry out the duties
imposed by this chapter.
(c) The payment of unemployment insurance benefits must be made
in accordance with 26 U.S.C. 3304.
(d) The department of workforce development may do all acts and
things necessary or proper to carry out the powers expressly granted
under this article, including the adoption of rules under IC 4-22-2.
(e) The department of workforce development may not charge any
claimant for benefits for providing services under this article, except as
provided in IC 22-4-17-12.
(f) The department of workforce development shall distribute
federal funds made available for employment training in accordance
with:
(1) 29 U.S.C. 2801 et seq., including reauthorizations of the Act,
and other applicable federal laws; and
(2) the plan prepared by the department under subsection (g)(1).
(g) In addition to the duties prescribed in subsections (a) through (f),
the department of workforce development shall do the following:
(1) Implement to the best of its ability its employment training
programs and the comprehensive career and technical education
program in Indiana developed under the long range plan under
IC 22-4.1-13.
(2) Upon request of the budget director, prepare a legislative
budget request for state and federal funds for employment
training. The budget director shall determine the period to be
covered by the budget request.
(3) Evaluate its programs according to criteria established by the
Indiana commission for career and technical education within the
department of workforce development state workforce
innovation council under IC 22-4.1-13.
(4) Make or cause to be made studies of the needs for various
types of programs that are related to employment training and
authorized under the Workforce Investment Act, including
reauthorizations of the Act.
(5) Distribute state funds made available for employment training
that have been appropriated by the general assembly in
accordance with:
(A) the general assembly appropriation; and
(B) the plan prepared by the department under subdivision (1).
(6) Establish, implement, and maintain a training program in the
nature and dynamics of domestic and family violence for training
of all employees of the department who interact with a claimant
for benefits to determine whether the claim of the individual for
unemployment benefits is valid and to determine that employment
separations stemming from domestic or family violence are
reliably screened, identified, and adjudicated and that victims of
domestic or family violence are able to take advantage of the full
range of job services provided by the department. The training
presenters shall include domestic violence experts with expertise
in the delivery of direct services to victims of domestic violence,
including using the staff of shelters for battered women in the
presentation of the training. The initial training shall consist of
instruction of not less than six (6) hours. Refresher training shall
be required annually and shall consist of instruction of not less
than three (3) hours.
(1) Review the services and use of funds and resources under applicable federal programs and advise the governor on methods of coordinating the services and use of funds and resources consistent with the laws and regulations governing the particular applicable federal programs.
(2) Advise the governor on:
(A) the development and implementation of state and local standards and measures; and
(B) the coordination of the standards and measures;
concerning the applicable federal programs.
(3) Perform the duties as set forth in federal law of the particular advisory bodies for applicable federal programs described in section 4 of this chapter.
(4) Identify the workforce needs in Indiana and recommend to the
governor goals to meet the investment needs.
(5) Recommend to the governor goals for the development and
coordination of the human resource system in Indiana.
(6) Prepare and recommend to the governor a strategic plan to
accomplish the goals developed under subdivisions (4) and (5).
(7) Monitor the implementation of and evaluate the effectiveness
of the strategic plan described in subdivision (6).
(8) Advise the governor on the coordination of federal, state, and
local education and training programs and on the allocation of
state and federal funds in Indiana to promote effective services,
service delivery, and innovative programs.
(9) Administer the minority training grant program established by
section 11 of this chapter.
(10) Administer the back home in Indiana program established by
section 12 of this chapter.
(11) Perform the duties set forth in IC 22-4.1-13 for career
and technical education, including the development and
implementation of a long range state plan for a
comprehensive career and technical education program under
IC 22-4.1-13-9.
(11) (12) Any other function assigned to the council by the
governor with regard to the study and evaluation of Indiana's
workforce development delivery system.
(1) The department of employment and training services, including the following:
(A) The unemployment insurance board.
(B) The unemployment insurance review board.
(2) The office of workforce literacy established by IC 22-4.1-10-1.
(1) the department of employment and training services; or
(2) the office of workforce literacy established by IC 22-4.1-10-1.
or
(3) the Indiana commission for career and technical education
established by IC 22-4.1-13-6.
(b) The plan developed under this section shall be kept current. The plan and any revisions made to the plan shall be made available to:
(1) the governor;
(2) the general assembly;
(3) the Indiana state board of education;
(4) the department of education;
(5) the commission for higher education;
A plan or revised plan submitted under this section to the general assembly must be in an electronic format under IC 5-14-6.
(c) The plan must set forth specific goals for public career and technical education at all levels and must include the following:
(1) The preparation of each graduate for both employment and further education.
(2) Accessibility of career and technical education to individuals of all ages who desire to explore and learn for economic and personal growth.
(3) Projected employment opportunities in various career and technical education fields.
(4) A study of the supply of and the demand for a labor force skilled in particular career and technical education areas.
(5) A study of technological and economic change affecting Indiana.
(6) An analysis of the private career and education sector in Indiana.
(7) Recommendations for improvement in the state career and technical education program.
(8) The educational levels expected of career and technical education programs proposed to meet the projected employment needs.
[EFFECTIVE JULY 1, 2010]: Sec. 10. The commission council shall
do the following:
(1) Make recommendations to the general assembly concerning
the development, duplication, and accessibility of employment
training and career and technical education on a regional and
statewide basis.
(2) Consult with any state agency, commission, or organization
that supervises or administers programs of career and technical
education concerning the coordination of career and technical
education, including the following:
(A) The Indiana economic development corporation.
(B) The council.
(C) (B) A private industry council (as defined in 29 U.S.C.
1501 et seq.).
(D) (C) The department of labor.
(E) (D) The Indiana commission on proprietary education.
(F) (E) The commission for higher education.
(G) (F) The Indiana state board of education.
(3) Review and make recommendations concerning plans
submitted by the Indiana state board of education and the
commission for higher education. The commission council may
request the resubmission of plans or parts of plans that:
(A) are not consistent with the long range state plan of the
commission; council developed under section 9 of this
chapter;
(B) are incompatible with other plans within the system; or
(C) do not avoid duplication of existing services.
(4) Report to the general assembly on the commission's council's
conclusions and recommendations concerning interagency
cooperation, coordination, and articulation of career and technical
education and employment training. A report under this
subdivision must be in an electronic format under IC 5-14-6.
(5) Study and develop a plan concerning the transition between
secondary level career and technical education and postsecondary
level career and technical education.
(6) Enter into agreements with the federal government that may
be required as a condition of receiving federal funds under the
Vocational Education Act (20 U.S.C. 2301 et seq.). An agreement
entered into under this subdivision is subject to the approval of
the budget agency.
[EFFECTIVE JULY 1, 2010]: Sec. 11. The commission council may
do the following:
(1) Make recommendations, including recommendations for
policies to encourage involvement of minority groups in the
career and technical education system in Indiana, to:
(A) the governor;
(B) the general assembly; and
(C) the various agencies, commissions, or organizations that
administer career and technical education programs
concerning all facets of career and technical education
programming.
(2) Establish a regional planning and coordination system for
career and technical education and employment training that will,
either in whole or in part, serve career and technical education
and employment training in Indiana.
(3) Appoint advisory committees whenever necessary.
(4) Contract for services necessary to carry out this chapter.
(5) Provide information and advice on career and technical
education to a business, an industry, or a labor organization
operating a job training program in the private sector.
(1) Student records.
(2) Data processing at the secondary level.
(3) An evaluation system that must be conducted by the
(A) Graduation rates.
(B) Student placement rates.
(C) Retention rates.
(D) Enrollment.
(E) Student transfer rates to postsecondary educational institutions.
(F) When applicable, student performance on state licensing examinations or other external certification examinations.
(G) Cost data study.
(4) A system of financial audits to be conducted at least biennially at the secondary level.
(b) Using the criteria established under subsection (a), the
(b) Except as provided in subsection (c), the
(c) The
(1) be eligible to receive federal and state funds for the institution's career and technical education program at the secondary level and postsecondary level;
(2) receive career and technical education program approval by:
(A) the Indiana state board of education for secondary level programs; and
(B) the commission for higher education for postsecondary level programs;
for any career and technical education programs requiring approval; and
(3) be eligible to complete the program review process by the commission for higher education for postsecondary level career and technical education programs.
; (10)IN0345.1.21. --> SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 20-20-20-1; IC 22-4.1-13-1; IC 22-4.1-13-6; IC 22-4.1-13-7; IC 22-4.1-13-8; IC 22-4.1-13-16; IC 22-4.1-13-18.
(b) As used in the SECTION, "council" refers to the state workforce innovation council established by IC 22-4-18.1-3.
(c) As of July 1, 2010, the commission is abolished, and the commission's property and duties are transferred to the council under IC 22-4-18.1-3, IC 22-4.1-13-9, IC 22-4.1-13-10, IC 22-4.1-13-11, IC 22-4.1-13-12, IC 22-4.1-13-13, IC 22-4.1-13-14, and IC 22-4.1-13-17, all as amended by this act.
(d) The rules adopted by the commission before July 1, 2010, concerning career and technical education are considered after June 30, 2010, rules of the council.
(e) This SECTION expires July 1, 2011.
