HOUSE BILL 44

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Richard J. Berry

FOR THE ECONOMIC AND RURAL DEVELOPMENT COMMITTEE

AND THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO EDUCATION; ENACTING THE RUNNING START FOR CAREERS ACT; CREATING A PILOT PROJECT TO PROVIDE PRE-APPRENTICESHIP OPPORTUNITIES TO HIGH SCHOOL STUDENTS; CREATING A FUND; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Running Start for Careers Act"."

     Section 2. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Running Start for Careers Act:

          A. "apprenticeable trade" means a skilled trade that possesses the following characteristics:

                (1) it is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training;
                (2) it is clearly identified and commonly recognized throughout an industry;
                (3) it involves manual, mechanical or technical skills and knowledge that require a minimum of two thousand hours of on-the-job work experience; and
                (4) it requires related instruction to supplement on-the-job training;

          B. "apprenticeship" means a formal educational method for training a person in a skilled trade that combines supervised employment with related instruction;

          C. "course of instruction" means an organized and systematic program of study designed to provide the pre-apprentice with knowledge of the theoretical subjects related to a specific apprenticeable trade and that meets apprenticeship related instruction requirements; provided that "course of instruction" may include hands-on training but does not include on-the-job training;

          D. "industry instructor" means a person who is:

                (1) working or has worked in an apprenticeable trade for the number of years required by established industry practices of the particular trade to be an industry-recognized expert in the trade; or

                (2) a career-technical faculty member at a public post-secondary educational institution;

          E. "pilot project" means the running start for careers pilot project;

          F. "pre-apprentice" means a public school student who is enrolled in a pre-apprenticeship program;

          G. "pre-apprenticeship program" means a commission-approved course of instruction offered through the pilot project that results, upon satisfactory completion of the program, in a certificate of completion that is acceptable to an apprenticeship training program registered with the apprenticeship council or is otherwise acceptable to the apprenticeable trade; and

          H. "provider" means a registered apprenticeship program, an employer of an apprenticeable trade, a union, a trade association, a post-secondary educational institution or other person approved by the commission to provide a pre-apprenticeship program."

     Section 3. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RUNNING START FOR CAREERS PILOT PROJECT--CREATED--PURPOSES--PARTICIPATION.--

          A. The "running start for careers pilot project" is created as a six-year public-private partnership study that allows qualified public school students to use elective credits to participate in approved industry-taught or -guided pre-apprenticeship programs and measures the effect of pre-apprenticeship on student retention and student performance in high school, at graduation and after graduation.

          B. The purpose of the pilot project is to demonstrate that:

                (1) public-private partnerships in career technical education are viable alternatives to standard curricula offerings in public high schools;

                (2) the provision of industry-taught or -guided pre-apprenticeship programs will expand educational and career opportunities for New Mexico high school students;

                (3) a positive causal relationship between participation in industry-taught or -guided pre-apprenticeship programs and declining dropout rates in participating school districts can be documented; and

                (4) participants who graduate with specific career technical knowledge are more employable in their chosen field and are more inclined to continue their education through registered apprenticeships or post-secondary education.

          C. The further purpose of the pilot project is to establish pre-apprenticeship programs for high school students that expand rather than supplant school districts' career-technical educational offerings. The pilot project shall be designed to maximize the opportunities for high school students to take courses of instruction that lead to career opportunities or foster college education.

          D. The pilot project is open to any school district in the state, but no school district is required to participate in the pilot project. The local school board shall approve by resolution each pre-apprenticeship program to be offered in that school district."

     Section 4. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PUBLIC EDUCATION COMMISSION--POWERS AND DUTIES.--

          A. The commission shall direct the pilot project and shall:

                (1) establish the design of the pilot project, including:

                     (a) data collection, including four-year post-secondary outcome data;

                     (b) accountability measures, including student and pre-apprenticeship program assessments; and

                     (c) ongoing evaluation of the pilot project and school district participation;

                (2) approve providers and pre-apprenticeship programs, including courses of instruction and industry instructors, that meet apprenticeship requirements of the apprenticeship council or the apprenticeship requirements of the appropriate nationally recognized trade organization;

                (3) market and promote the pilot project to school districts, parents and students, apprenticeable trades and communities; and

                (4) seek public and private grants and donations for the pilot project.

          B. When approving pre-apprenticeship programs, the commission shall determine that existing public school career-technical programs will not be adversely affected.

          C. The commission may:

                (1) adopt and promulgate rules to carry out the provisions of the Running Start for Careers Act; and

                (2) solicit recommendations regarding providers, pre-apprenticeship programs, courses of instruction and industry instructors from the department, the apprenticeship council, the workforce solutions department, the higher education department, the economic development department, registered apprenticeship programs, industries in the state, school districts, post-secondary educational institutions and other knowledgeable persons."

     Section 5. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] APPLICATIONS--ADMINISTRATION--REIMBURSEMENTS.--

          A. A person may apply to the commission to become a provider by submitting an application in the form prescribed by the commission. The application shall include:

                (1) the pre-apprenticeship program to be offered by the provider, including the course of instruction and the provision of tools, supplies and textbooks that will be provided by the pre-apprenticeship program;

                (2) a description of the way in which a pre-apprentice's coursework and program participation will be evaluated and reported as grades to the high school;

                (3) a description of the qualifications for pre-apprentices, the way in which students will be recruited and accepted into the pre-apprenticeship program and the circumstances under which a pre-apprentice may be dismissed from the pre-apprenticeship program;

                (4) the names and qualifications of the pre-apprenticeship program's industry instructors;

                (5) a description of the location where the pre-apprenticeship program will be conducted;

                (6) a declaration of the applicant's intention to offer a full two-year pre-apprenticeship to every student it accepts into its pre-apprenticeship program, unless the student is dropped or withdraws from the program;

                (7) a copy of the applicable school board resolution approving the pre-apprenticeship program; and

                (8) other information the commission deems necessary to determine the fitness of the applicant to deliver a pre-apprenticeship program that meets the purposes of the pilot project.

          B. In approving an application, the commission shall include its approvals of the provider, the pre-apprenticeship program and the industry instructors. If a single applicant proposes to offer more than one program, each pre-apprenticeship program and all industry instructors shall be approved by the commission."

     Section 6. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEPARTMENT DUTIES.--The department shall:

          A. administer the pilot project under the direction of the commission;

          B. reimburse providers within the amount available each year in the running start for careers fund based on each pre-apprenticeship program's contact hours with pre-apprentices, not to exceed four dollars ($4.00) per contact hour;

          C. collect annual and other periodic data from the pilot project sufficient to determine the efficacy of the pilot project and whether the purposes of the pilot project are being realized; and

          D. seek input from the apprenticeship council, the workforce solutions department, the higher education department, school districts, post-secondary educational institutions and others regarding the data to be collected from the pilot project."

     Section 7. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PRE-APPRENTICESHIP PROGRAMS--STUDENT QUALIFICATIONS.--

          A. Pre-apprenticeship programs shall be designed so that pre-apprentices may earn elective credits toward high school graduation and meet requirements for apprenticeship related instruction or post-secondary education course credits. Pre-apprenticeship programs shall be offered during the school day whenever possible. Programs may be conducted at industry locations, including union halls or other industry training facilities; at existing school facilities, if available; or at any other location approved by the commission or the local school board.

          B. To qualify for a pre-apprenticeship program, a student must:

                (1) be at least sixteen years of age;

                (2) be in the eleventh or twelfth grade;

                (3) have at least the number of electives required for the pre-apprenticeship program applied for and commit those electives to the program;

                (4) agree to furnish outcome information for the pilot project's data collection for four years beyond the student's time in the program; and

                (5) meet other requirements of the pre-apprenticeship program approved by the commission.

          C. Each provider shall recruit students and accept and retain or dismiss them as provided in the provider's approved application.

          D. Once accepted into a pre-apprenticeship program, a student may withdraw only with the approval of the high school principal.

          E. If a provider wishes to withdraw from the pilot project, it shall notify the commission, the school district and the pre-apprentices' high schools. The notification shall include a plan for the continuation of the pre-apprenticeships of the pre-apprentices currently enrolled in the provider's program.

          F. Students shall be tracked for four years beyond their pre-apprenticeship program participation to determine pilot project outcomes."

     Section 8. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LICENSURE NOT REQUIRED--BACKGROUND CHECKS--SCHOOL-SPONSORED ACTIVITY AND VOLUNTEERS.--

          A. The provisions of the School Personnel Act, including licensure requirements, shall not apply to industry instructors, except that they shall be required to undergo a background check as provided for licensed school employees in Section 22-10A-5 NMSA 1978. The commission or school district may act on the information received from the background check and refuse to approve a person as an industry instructor. An industry instructor shall provide for the safety of students under the industry instructor's care in the same manner as required of licensed school employees and shall not allow persons who have not been vetted through the background check process to have unsupervised contact with students.

          B. For purposes of the public school insurance authority, each pre-apprenticeship program shall be considered a school-sponsored activity and each industry instructor shall be considered a school volunteer."

     Section 9. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RUNNING START FOR CAREERS FUND CREATED--EXPENDITURES.--The "running start for careers fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, grants and donations. The department shall administer the fund, and money in the fund is appropriated to the department to carry out the purposes of the pilot project. Money from grants and donations shall be expended in accordance with the terms of the grants and donations. Money in the fund shall not revert to the general fund until the end of the pilot project. Unless otherwise specified by the terms of a grant or donation, money in the fund at the end of the pilot project shall revert to the general fund. Expenditures from the fund shall be by warrants of the secretary of finance and administration drawn pursuant to vouchers signed by the secretary of public education or the secretary's authorized representative. The department shall not expend more than fifteen percent of the fund in any fiscal year for administration, including commission costs related to its powers and duties under the pilot project."

     Section 10. A new section of Chapter 22, Article 14 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REPORTS.--The commission shall provide interim and final reports to the legislature and the governor on the progress and efficacy of the pilot project. The reports shall include:

          A. the number of students participating in the pilot project by school and school district and pre-apprenticeship programs;

          B. the number and types of pre-apprenticeship programs by school and school district;

          C. outcome data, including:

                (1) the number of pre-apprentices who enter a state-registered apprenticeship program by type;

                (2) the number of pre-apprentices who enroll in post-secondary educational institutions;

                (3) the effect of the pilot project on each participating school district's drop-out rate and its student assessments; and

                (4) other measures that indicate whether the pilot project is fulfilling its purposes;

          D. a satisfaction survey that indicates whether students and potential employers support the pilot project;

          E. a financial report of the running start for careers fund, including gifts, grants and donations to the fund; and

          F. suggestions for changes to the pilot project that will improve the pilot project and lead to additional pre-apprenticeships being offered."

     Section 11. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the running start for careers fund for expenditure in fiscal year 2009 and subsequent fiscal years to carry out the purposes of the Running Start for Careers Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund until the end of the running start for careers pilot project.

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