Bill Amendment: WV HB5162 | 2024 | Regular Session
Bill Title: Establish a program to promote creation and expansion of registered apprenticeship programs
Status: 2024-04-22 - Chapter 171, Acts, Regular Session, 2024 [HB5162 Detail]
Download: West_Virginia-2024-HB5162-hb5162_hfa_young_2-23_revised_adopted.html
HB5162 HFA Young 2-23 revised
Altizer – 3259
Delegate Young moves to amend com Sub for HB5162 on page 1, following the enacting clause by striking out the remainder of the bill and inserting in lieu thereof, the following:
"chapter 18. education.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-7g. Youth apprenticeship program.
(a) In addition to any other registered apprenticeship programs, there is herein created the "Youth Apprenticeship Program," which shall allow for any public, private or home school student in the eleventh or twelfth grade, or are 16 years or older, the opportunity to enroll in apprenticeship programs.
(b) For the purposes of this section, “apprenticeship program" shall have the same meaning as defined in §21-1E-2 of this code.
(c) Any student participating in the program may receive secondary credit or other credentialing for the apprenticeship when the apprenticeship is approved by the local county board of education and in keeping with the rules of the Division of Labor (hereinafter "the division.")
(d) The West Virginia Department of Education (hereinafter “the department”) is responsible for establishing the Youth Apprenticeship Program, including setting standards, providing guidelines for county boards of education to approve local enterprise and granting release time from public schools to participate in the program.
(1) The Youth Apprenticeship Program shall include a broad range of skills, including those specifically focused on manufacturing, engineering technology, administration and office technology, and health care.
(2) The county boards of education shall develop materials in conjunction with industry to promote awareness of apprenticeship for students and to encourage recruitment.
(3) The program shall create a structural linkage between secondary and postsecondary components of the program leading to the school awarding a high school diploma and postsecondary certification of occupational skills to the student.
(e) The department shall develop pilot projects for the 2024-2025 school year and shall implement and direct a comprehensive apprenticeship program for all school systems by the beginning of the 2025-2026 school year.
(f) Each apprenticeship shall meet the department’s criteria which shall include, but is not limited to:
(1) A detailed training plan between the employer and the apprentice that identifies specific work tasks that will develop workplace competency;
(2) A minimum of 135 classroom hours of related academic instruction and training;
(3) A minimum of 400 hours of on-the-job training;
(4) A progressive wage schedule established by the participating employer;
(5) On-site evaluation of the student’s performance;
(6) Training remediation as necessary at the school site.
CHAPTER 21. LABOR
ARTICLE 1E. CAREER TRAINING EDUCATION AND APPRENTICESHIPS
§21-1E-2. Definitions. As used in this article and the legislative rules promulgated pursuant to this article:
(a) "Apprentice" means someone who is enrolled in an apprenticeship program.
(b) "Apprenticeship program" means a program offered by an employer to provide supervised on-the-job training to employees approved by the United States Department of Labor.
(c) "Employer sponsored training program" means a program approved in accordance with a rule promulgated pursuant to authority established in §21-1E-4 of this code.
(d) "License" means a valid and current certification or license issued by the Commissioner of Labor in accordance with the provisions of this article.
(e) "Career technical education" means programs of study, clusters, and pathways approved by the West Virginia Board of Education pursuant to state board policy.
(f) "Youth Apprenticeship Program" means the program created in §18-2-7g of this code.
§21-1E-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 or an apprenticeship program or 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. The training hours accumulated by a student’s participation in the "Youth Apprenticeship Program" created in §18-2-7g of this code shall count towards the student’s certifications or licensures, if appropriate.
ARTICLE 6. CHILD LABOR.
§21-6-2. Employment of children under eighteen in certain occupations; determination as to other occupations; appeal to supreme court
(a) Except as otherwise authorized under the "Youth Apprenticeship Program" established in §18-2-7g of this code, A a child under 18 years of age may not be employed, permitted, or suffered to work in, about, or in connection with any of the following occupations:
(1) Motor vehicle driver and outside helper whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivery of goods;
(2) The manufacture, storage, handling or transportation of explosives or highly flammable substances;
(3) Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or in any other place in which the heating, melting or heat treatment of metals is carried on;
(4) Logging and saw milling occupations;
(5) Power-driven woodworking machine occupations;
(6) Occupations involving exposure to radioactive substances and ionizing radiations;
(7) Power-driven hoisting apparatus occupations;
(8) Power-driven metal-forming, punching, and shearing machine occupations;
(9) Mining, including coal mining;
(10) Occupations involving slaughtering, meat-packing, or processing or rendering;
(11) Power-driven bakery machines;
(12) Power-driven paper-products machine occupations;
(13) Occupations involved in the manufacturing of brick, tile, and kindred products;
(14) Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears;
(15) Occupations involved in wrecking, demolition, and ship-breaking operations;
(16) Roofing operations above ground level; and
(17) Excavation operations.
(b) A child under 18 years of age may not be employed or permitted to work in a bar, or be permitted, employed, or suffered to sell, dispense, or serve alcoholic beverages in any place or establishment where the consumption of alcoholic beverages is permitted by law.
(c) A child under 18 years of age may not be employed or permitted to work in any occupation prohibited by law or determined by the commissioner to be dangerous or injurious: Provided, That a child between the ages of 16 and 18 years who is enrolled in, participating in, or has completed the minimum training requirements of the West Virginia State Fire Commission, West Virginia Department of Education Public Service Training, or West Virginia University fire service extension, or equivalent approved program, and who has the written consent of his or her parents or guardian may be employed by or elected as a member of a volunteer fire department to perform firefighting functions: Provided, however, That no child may be permitted to operate any fire fighting vehicles, enter a burning building in the course of his or her employment or work or enter into any area determined by the fire chief or fireman in charge at the scene of a fire or other emergency to be an area of danger exposing the child to physical harm by reason of impending collapse of a building or explosion, unless the child is under the immediate supervision of a fire line officer.
(d) This article shall comply with the Child Labor Provisions of the Fair Labor Standards Act."