Amendments for SB21-106

Senate Journal, March 12
After consideration on the merits, the Committee recommends that SB21-106 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 26, strike "DISTRICT," and substitute "DISTRICT
OR OF A BOARD OF COOPERATIVE SERVICES,".

Page 9, line 5, strike "8-83-225." and substitute "8-83-225, AND THAT MEETS
THE REQUIREMENTS SET FORTH IN SECTION 23-3.3-1304 (3).".

Page 12, strike lines 12 through 18 and substitute "IN THE PILOT PROGRAM. THE
ELIGIBLE GRADUATE MUST COMMENCE A POSTSECONDARY PROGRAM WITHIN
EIGHTEEN MONTHS AFTER GRADUATING EARLY, OR THE ELIGIBLE GRADUATE
FORFEITS THE STATE FUNDING.".

Page 13, after line 9 insert:
"(c) THE POSTSECONDARY PROGRAM SHALL ENSURE THAT THE STATE
FUNDING IS USED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
THE DEPARTMENT SHALL DISSEMINATE GUIDELINES TO PARTICIPATING
POSTSECONDARY PROGRAMS CLEARLY DESCRIBING THE ALLOWABLE USES OF
STATE FUNDING UNDER THIS SECTION AND ESTABLISHING THE EXPECTATION
THAT THE POSTSECONDARY PROGRAMS ENSURE APPROPRIATE USE OF STATE
FUNDING.
(3) IN ORDER TO RECEIVE FUNDING AS A POSTSECONDARY PROGRAM
PURSUANT TO THIS PART 13, THE POSTSECONDARY PROGRAM MUST HAVE
QUALIFIED INSTRUCTORS CONSISTENT WITH THE POSTSECONDARY PROGRAM'S
ACCREDITATION OR AUTHORIZATION, AND:
(a) A TRAINING PROGRAM PROVIDER MUST BE IN COMPLIANCE WITH ALL
ELIGIBILITY AND QUALITY REQUIREMENTS FOR FUNDING UNDER THE FEDERAL
"WORKFORCE INNOVATION AND OPPORTUNITY ACT", 29 U.S.C. SEC. 3101 ET
SEQ., REFERRED TO IN THIS SECTION AS "WIOA", AND BE SUBJECT TO THE EQUAL
OPPORTUNITY AND NONDISCRIMINATION REQUIREMENTS OF WIOA AND ITS
IMPLEMENTING REGULATIONS AT 29 CFR PART 38; AND
(b) AN INSTITUTION OF HIGHER EDUCATION SHALL COMPLY WITH ALL
STATE AND LOCAL SAFETY REQUIREMENTS AND WITH FEDERAL LAWS
PROHIBITING DISCRIMINATING AGAINST STUDENTS, INCLUDING TITLE IX OF THE
"EDUCATION AMENDMENTS OF 1972", THE "AMERICANS WITH DISABILITIES
ACT", SECTION 504 OF THE "REHABILITATION ACT OF 1973", TITLE VI OF THE
"CIVIL RIGHTS ACT OF 1964", AND THE "AGE DISCRIMINATION ACT OF 1975",
AND ANY OTHER FEDERAL DISCRIMINATION STATUTES.".

Page 13, line 21, strike "YEAR;" and substitute "YEAR AND THE AMOUNT OF
STATE FUNDING, IF ANY, REMITTED TO AN ELIGIBLE GRADUATE BY THE
POSTSECONDARY PROGRAM PURSUANT TO SECTION 23-3.3-1304 (2)(a);".

Page 14, line 9, after "IN" insert "SUBSECTION (1) OF".

Page 14, after line 10 insert:

"(3) (a) THE DEPARTMENT OF LABOR AND EMPLOYMENT SHALL
COMMUNICATE THE REPORTING EXPECTATIONS UNDER THE FEDERAL
"WORKFORCE INNOVATION AND OPPORTUNITY ACT", 29 U.S.C. SEC. 3101 ET
SEQ., TO ALL APPROVED TRAINING PROVIDERS RECEIVING STATE FUNDING
PURSUANT TO THIS PART 13 TO ENSURE THAT PARTICIPATION AND EMPLOYMENT
OUTCOMES FOR EARLY GRADUATES ARE INCLUDED IN EXISTING DEPARTMENT OF
LABOR AND EMPLOYMENT REPORTING.
(b) THE DEPARTMENT SHALL COMMUNICATE REPORTING EXPECTATIONS
TO INSTITUTIONS OF HIGHER EDUCATION RECEIVING STATE FUNDING PURSUANT
TO THIS PART 13 TO ENSURE THAT EARLY GRADUATES ARE INCLUDED IN
EXISTING DEPARTMENT DATA COLLECTIONS REGARDING OUTCOMES SUCH AS
COMPLETION RATES, EARNINGS, AND EMPLOYMENT OUTCOMES.
(c) TO THE EXTENT PRACTICABLE, POSTSECONDARY PROGRAMS
RECEIVING STATE FUNDING PURSUANT TO THIS PART 13 SHALL CONDUCT AN
ASSESSMENT TO DETERMINE WHY AN EARLY GRADUATE WHO LEFT THE
POSTSECONDARY PROGRAM PRIOR TO COMPLETION LEFT THE POSTSECONDARY
PROGRAM.".

Page 15, strike line 6 and substitute "EFFECTIVE DECEMBER 31, 2027.".