Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-0648.01 Kristen Forrestal x4217 SENATE BILL 22-140 Senate Committees House Committees Business, Labor, & Technology Business Affairs & Labor Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE EXPANSION OF EXPERIENTIAL LEARNING101 OPPORTUNITIES THROUGH RELATIONSHIPS WITH EMPLOYERS ,102 AND, IN CONNECTION THEREWITH , ESTABLISHING A103 WORK-BASED LEARNING INCENTIVE PROGRAM , A DIGITAL104 NAVIGATION PROGRAM , A CAREER-ALIGNED ENGLISH AS A105 SECOND LANGUAGE PROGRAM , A GLOBAL TALENT TASK106 FORCE TO STUDY IN-DEMAND OCCUPATIONS , AND MAKING AN107 APPROPRIATION.108 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at HOUSE 3rd Reading Unamended May 9, 2022 HOUSE Amended 2nd Reading May 3, 2022 SENATE 3rd Reading Unamended April 21, 2022 SENATE Amended 2nd Reading April 20, 2022 SENATE SPONSORSHIP Coleman and Gardner, Bridges, Buckner, Danielson, Donovan, Fenberg, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Lee, Moreno, Pettersen, Rodriguez, Story, Winter, Zenzinger HOUSE SPONSORSHIP McLachlan and Amabile, Bacon, Benavidez, Bernett, Boesenecker, Exum, Gonzales- Gutierrez, Herod, Hooton, Lindsay, Lontine, McCluskie, Michaelson Jenet, Snyder, Titone, Valdez D., Woodrow, Young Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. http://leg.colorado.gov.) The bill requires the department of labor and employment (department), in partnership with the business experiential-learning commission in the department, the office of economic development, the state work force development council, the departments of education and higher education, the state board for community colleges and occupational education, and area technical colleges, to provide incentives to eligible employers to create high-quality, work-based learning opportunities for adults and youth (incentive program). The department is required to select at least 2 work-based learning intermediaries (intermediaries) to coordinate employers, schools, youth, and adults participating in the incentive program to establish work-based learning opportunities and select employers to participate in the incentive program. The department shall provide monetary incentives to the selected intermediaries and employers for the implementation of work-based learning opportunities. The department is required to compile data concerning the incentive program and submit a report to the business committees of the senate and house of representatives during the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings held each legislative session. The office of future work in the department and its partners are required to create a digital navigation program and employ digital navigators to: ! Reach out to youth and adults who have been historically excluded or disengaged from work-based learning opportunities and connect them with available opportunities; ! Address digital inequities, including access to digital technology and computer skills training, cybersecurity, and affordable internet service; ! Refer youth and adults to career navigation services; and ! Provide a one-stop service that includes: Making referrals to work-based learning programs; facilitating enrollment in digital literacy classes, workshops, and upskilling and work-based learning opportunities; and assisting with digital skill development, job applications, and access to other benefits and services. The office of new Americans in the department is required to: ! Convene an 18-month global talent task force to study the process for certain in-demand occupational licenses, look at international credentials, and take advantage of the global pool of skilled workers; and ! Provide tools for new Americans and English language learners to enter into work-based learning programs to 140 -2- improve language and skills development for specific occupations and careers. The bill authorizes the executive director of the department to promulgate rules to implement the incentive program and the digital navigation program. The general assembly is required to appropriate $6,100,000 to the department for the purposes of the bill. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) The global pandemic has exacerbated challenges employers4 face in finding the talent they need, and as our economy recovers from the5 pandemic, Colorado also faces a looming worker shortage over the6 coming decades;7 (b) To address the worker shortage, many employers are interested8 in providing high-quality, work-based learning for students and adults but9 face challenges in making that a reality;10 (c) Expanding experiential, work-based learning opportunities for11 adults and youth is a worthwhile state investment. Evidence from multiple12 sources shows that students benefit from experiential learning13 opportunities, leading to higher grade point averages, greater engagement,14 and stronger postsecondary outcomes and career readiness after high15 school.16 (d) Work-based learning allows youth and adults to explore new17 opportunities, build skills, and transition to new career pathways as work18 continues to evolve. Research shows paid work-based learning is a strong19 tool for increasing equitable access to opportunities for youth and adults20 from a variety of income backgrounds.21 (e) The state has a variety of programs focused on providing22 140-3- employers with training dollars for upskilling members of the current1 workforce, but not many of these programs explicitly allow training2 dollars to support youth who might be employed on a part-time basis as3 an intern or apprentice or focus on the entire continuum of high-quality,4 work-based learning experiences;5 (f) Eligible employers wanting to offer high-quality, work-based6 learning opportunities to youth and adults would benefit from funding to7 help with the start-up costs associated with developing these programs,8 including training dollars that could be used in partnership with9 institutions of higher education or other training providers;10 (g) Colorado has untapped talent pools that can meet the demands11 of employers in the near term. Twenty percent of Coloradans speak a12 language other than English at home, with the majority of these13 Coloradans representing immigrant families. Addressing language14 barriers through the alignment of education and employment can create15 immediate access to talent for employers.16 (h) Many youth and adults lack sufficient digital problem-solving17 skills. In Colorado, over 60,000 households with children in the K-1218 education system have inconsistent access to computers and the internet.19 Closing the digital divide for disconnected Coloradans creates new20 opportunities for participation in society and the economy, especially in21 critical and growing industries including construction, education, health22 care, and technology.23 (2) Therefore, the general assembly:24 (a) Declares that it supports employers, youth, and adults and has25 an interest in aligning the talent development ecosystem to maximize26 economic impact;27 140 -4- (b) Finds:1 (I) Value in incentivizing employers to increase the number of2 adults and youth participating in work-based learning and intends for the3 state to ensure an equal proportion of adults and youth benefit from4 opportunities created by a work-based learning incentive program;5 (II) That the state should prioritize addressing barriers in adopting6 high-quality, work-based learning models and helping youth and adults7 access high-quality, work-based learning and employment through the8 creation of programs that close the digital divide and eliminate language9 barriers; and10 (III) Value in aligning and accelerating work-based learning and11 skills-based hiring in existing state-funded programs in education,12 including higher education; training; and employment; and13 (c) Intends for the state to ensure that programs are coordinated14 in a way that maximizes participation for employers, youth, and adults.15 SECTION 2. In Colorado Revised Statutes, add part 6 to article16 83 of title 8 as follows:17 PART 618 EXPERIENTIAL LEARNING19 8-83-601. Definitions. A S USED IN THIS PART 6:20 (1) "C OMMISSION" MEANS THE BUSINESS EXPERIENTIAL-LEARNING21 COMMISSION IN THE DEPARTMENT CREATED BY EXECUTIVE ORDER B 201522 004, WHICH WORKS IN PARTNERSHIP WITH THE OFFICE OF ECONOMIC23 DEVELOPMENT AND THE WORK FORCE DEVELOPMENT COUNCIL , OR A24 SUBSEQUENT ENTITY ESTABLISHED FOR THE SAME OR SIMILAR PURPOSE .25 (2) "D IGITAL EQUITY" MEANS THE CONDITION IN WHICH26 INDIVIDUALS AND COMMUNITIES HAVE ACCESS TO THE INFORMATION27 140 -5- TECHNOLOGY THAT IS NEEDED FOR FULL PARTICIPATION IN SOCIETY AND1 THE ECONOMY OF THE UNITED STATES.2 (3) (a) "D IGITAL INCLUSION" MEANS THE ACTIVITIES THAT ARE3 NECESSARY TO ENSURE THAT ALL INDIVIDUALS IN THE STATE HAVE4 ACCESS TO, AND THE USE OF , AFFORDABLE INFORMATION AND5 COMMUNICATION TECHNOLOGIES , SUCH AS:6 (I) R ELIABLE FIXED AND WIRELESS BR OADBAND INTERNET7 SERVICE;8 (II) I NTERNET-ENABLED DEVICES THAT MEET THE NEEDS OF THE9 USER; AND10 (III) A PPLICATIONS AND ONLINE CONTENT DESIGNED TO ENABLE11 AND ENCOURAGE SELF -SUFFICIENCY, PARTICIPATION , AND12 COLLABORATION.13 (b) "D IGITAL INCLUSION" INCLUDES THE ABILITY TO OBTAIN:14 (I) A CCESS TO DIGITAL LITERACY TRAINING;15 (II) Q UALITY TECHNICAL SUPPORT; AND16 (III) B ASIC AWARENESS OF MEASURES TO ENSURE ONLINE PRIVACY17 AND CYBERSECURITY.18 (4) "D IGITAL LITERACY" MEANS THE SKILLS ASSOCIATED WITH19 USING TECHNOLOGY THAT ENABLE USERS TO FIND , EVALUATE, ORGANIZE,20 CREATE, DISSEMINATE, AND COMMUNICATE INFORMATION .21 (5) "I NCENTIVE PROGRAM" MEANS THE WORK-BASED LEARNING22 INCENTIVE PROGRAM CREATED IN SECTION 8-83-602.23 (6) "N EXT-SKILLING" MEANS ACTIVITIES TO DEVELOP24 FUTURE-READY SKILLS NECESSARY FOR EMPLOYMENT IN THE25 TWENTY-FIRST CENTURY AND INCLUDES THE FOCUS AREAS OF HUMAN26 SKILLS, DIGITAL SKILLS, BUSINESS SKILLS, GROWTH MINDSET, AND A27 140 -6- LIFELONG LEARNING MINDSET.1 (7) "O FFICE" MEANS THE OFFICE OF FUTURE WORK DESCRIBED IN2 SECTION 8-77-110.3 (8) "O FFICE OF ECONOMIC DEVELOPMENT " MEANS THE COLORADO4 OFFICE OF ECONOMIC DEVELOPMENT CREATED IN SECTION 24-48.5-101.5 (9) "O FFICE OF NEW AMERICANS" MEANS THE OFFICE CREATED IN6 SECTION 8-3.7-103.7 (10) "P ROGRAM" MEANS THE STATEWIDE DIGITAL NAVIGATOR8 PROGRAM CREATED IN SECTION 8-83-603.9 (11) (a) "R ESKILLING" MEANS ACTIVITIES TO:10 (I) S UPPORT UNEMPLOYED AND UNDEREMPLOYED INDIVIDUALS11 WHO NEED OR WANT TO CHANGE INDUSTRIES IN ORDER TO RETURN TO12 FULL-TIME WORK OR WHO NEED OR WANT TO OBTAIN MORE APPROPRIATE13 WORK-BASED SKILLS; AND14 (II) H ELP UNEMPLOYED AND UNDEREMPLOYED INDIVIDUALS15 ACHIEVE ECONOMIC SELF-SUFFICIENCY.16 (b) "R ESKILLING" MAY INCLUDE TECHNICAL TRAINING FOR NEW17 POSITIONS AND NEW CAREERS AND ENTREPRENEURIAL TRAINING FOR18 INDIVIDUALS WHO WISH TO PURSUE SELF -EMPLOYMENT AND BUSINESS19 OWNERSHIP.20 (12) "S KILLS-BASED HIRING" MEANS HIRING A PERSON BASED ON21 THE PERSON'S KNOWLEDGE, SKILLS, AND ABILITIES THAT ARE SPECIFIC TO22 THE JOB FOR WHICH THE PERSON IS BEING CONSIDERED .23 (13) "T ARGET POPULATIONS" INCLUDES:24 (a) A NY HOUSEHOLD WITH AN INCOME THAT IS NOT MORE THAN25 ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL , AS26 DETERMINED BY THE MOST CURRENT FEDERAL POVERTY GUIDELINES27 140 -7- ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN1 SERVICES; 2 (b) I NDIVIDUALS WHO ARE FIFTY YEARS OF AGE OR OLDER ;3 (c) I NDIVIDUALS WHO ARE OR WERE INCARCERATED ;4 (d) V ETERANS;5 (e) I NDIVIDUALS WITH DISABILITIES;6 (f) I NDIVIDUALS WHO HAVE RECENTLY IMMIGRATED TO THE7 U NITED STATES AND RESIDE IN THIS STATE;8 (g) I NDIVIDUALS WHO ARE ENGLISH LANGUAGE LEARNERS ; 9 (h) I NDIVIDUALS WITH LOW LEVELS OF LITERACY ;10 11 (i) INDIVIDUALS WHO PRIMARILY RESIDE IN RURAL AREAS ;12 (j) INDIVIDUALS EXPERIENCING HOMELESSNESS ; AND13 (k) YOUTH.14 (l4) "U PSKILLING" MEANS ACTIVITIES TO INCREASE THE SKILL15 LEVELS OF AN EMPLOYEE SO THE EMPLOYEE IS ABLE TO RETAIN16 EMPLOYMENT AND ADVANCE WITHIN A COMPANY .17 (15) (a) "W ORK-BASED LEARNING" MEANS LEARNING THAT18 OCCURS, IN WHOLE OR IN PART, IN THE WORKPLACE THAT PROVIDES YOUTH19 AND ADULTS WITH HANDS-ON, REAL-WORLD EXPERIENCE AND TRAINING20 FOR SKILLS DEVELOPMENT.21 (b) "W ORK-BASED LEARNING" INCLUDES ACTIVITIES SUCH AS JOB22 SHADOWING, INTERNSHIPS, EXTERNSHIPS, PRE-APPRENTICESHIPS,23 APPRENTICESHIPS, RESIDENCIES, AND INCUMBENT-WORKER TRAINING.24 (16) "W ORK-BASED LEARNING INTERMEDIARY " MEANS AN ENTITY25 SELECTED BY THE DEPARTMENT PURSUANT TO SECTION 8-83-602 (3).26 (17) "W ORK FORCE DEVELOPMENT COUNCIL " MEANS THE STATE27 140 -8- WORK FORCE DEVELOPMENT COUNCIL CREATED IN SECTION 24-46.3-101.1 (18) "Y OUTH" MEANS AN INDIVIDUAL ELIGIBLE TO BE EDUCATED2 IN THE PUBLIC SCHOOL SYSTEM PURSUANT TO SECTION 2 OF ARTICLE IX OF3 THE STATE CONSTITUTION.4 8-83-602. Work-based learning incentive program - creation 5 - rules - appropriation. (1) Work-based learning incentive program.6 (a) O N OR BEFORE JANUARY 1, 2023, THE DEPARTMENT , IN7 CONSULTATION WITH THE COMMISSION , THE OFFICE OF ECONOMIC8 DEVELOPMENT, THE DEPARTMENT OF EDUCATION , THE DEPARTMENT OF9 HIGHER EDUCATION, THE STATE BOARD FOR COMMUNITY COLLEGES AND10 OCCUPATIONAL EDUCATION , LOCAL DISTRICT COLLEGES, THE WORK FORCE11 DEVELOPMENT COUNCIL, AND AREA TECHNICAL COLLEGES, AS DEFINED IN12 SECTION 23-60-103, SHALL ESTABLISH A WORK -BASED LEARNING13 INCENTIVE PROGRAM TO PROVIDE MONETARY INCENTIVES TO SELECTED14 EMPLOYERS TO CREATE HIGH -QUALITY, WORK-BASED LEARNING15 OPPORTUNITIES THAT BENEFIT ADULTS AND YOUTH .16 (b) I N ADMINISTERING THE INCENTIVE PROGRAM , THE17 DEPARTMENT SHALL STRIVE TO CREATE AN EQUAL PROPORTION OF18 WORK-BASED LEARNING OPPORTUNITIES FOR YOUTH AND ADULTS AND TO19 SELECT EMPLOYERS AND WORK -BASED LEARNING INTERMEDIARIES WITH20 THE GOAL OF INCREASING THE NUMBER OF YOUTH AND ADULTS21 PARTICIPATING IN WORK-BASED LEARNING. THE DEPARTMENT SHALL22 SELECT WORK-BASED LEARNING INTERMEDIARIES THAT :23 (I) D EMONSTRATE EXPERTISE IN AND A CONTINUED COMMITMENT24 TO CONNECTING, EDUCATING, AND COACHING EMPLOYERS REGARDING25 WORK-BASED LEARNING OPPORTUNITIES FOR ADULTS AND YOUTH , SUCH26 AS A CHAMBER OF COMMERCE , A NONPROFIT ENTITY, AN INDUSTRY27 140 -9- ASSOCIATION, A LOCAL WORKFORCE AREA, A REGISTERED APPRENTICESHIP1 PROGRAM, OR A LOCAL GOVERNMENT ENTITY ;2 (II) W ORK WITHIN AND ACROSS THE STATE TO PARTNER WITH3 MULTIPLE EMPLOYERS; LOCAL EDUCATION PROVIDERS, INSTITUTIONS OF4 HIGHER EDUCATION, OR OTHER EDUCATIONAL ENTITIES ; AND OTHER5 PUBLIC AND PRIVATE ENTITIES TO FACILITATE WORK -BASED LEARNING6 EXPERIENCES; 7 (III) S UPPORT EMPLOYERS IN IMPLEMENTING WORK -BASED8 LEARNING IN COLLABORATION WITH THE COMMISSION AND IN ALIGNMENT9 WITH THE WORK-BASED LEARNING QUALITY EXPECTATIONS DEVELOPED IN10 SUBSECTION (5) OF THIS SECTION; AND 11 (IV) S UPPORT EMPLOYERS IN LEARNING ABOUT THE WORK -BASED 12 LEARNING QUALITY EXPECTATIONS AND SHARE BEST PRACTICES FOR13 MEETING THE WORK -BASED LEARNING QUALITY EXPECTATIONS14 DEVELOPED IN SUBSECTION (5) OF THIS SECTION.15 (2) Department responsibilities. THE DEPARTMENT SHALL: 16 (a) T HROUGH AN APPLICATION PROCESS , SELECT EMPLOYERS AND17 AT LEAST TWO WORK-BASED LEARNING INTERMEDIARIES TO PARTICIPATE18 IN THE INCENTIVE PROGRAM WITH THE GOAL OF MAXIMIZING REGIONAL19 DIVERSITY AND ENGAGING THE OPTIMUM NUMBER OF EMPLOYER20 PARTICIPANTS IN HIGH-DEMAND INDUSTRIES AS DETERMINED BY THE21 ANNUAL COLORADO TALENT REPORT PREPARED PURSUANT TO SECTION 22 24-46.3-103 (3); 23 (b) F OR THE PURPOSE OF PROVIDING INCENTIVES TO EMPLOYERS24 TO PROVIDE WORK-BASED LEARNING OPPORTUNITIES TO YOUTH AND25 ADULTS, ALLOCATE MONEY DIRECTLY TO EMPLOYERS AND TO26 WORK-BASED LEARNING INTERMEDIARIES ;27 140 -10- (c) OUTLINE PERFORMANCE EXPECTATIONS FOR WORK -BASED1 LEARNING INTERMEDIARIES AND EMPLOYERS PARTICIPATING IN THE2 INCENTIVE PROGRAM THAT INCLUDE THE AUTHORITY OF THE DEPARTMENT3 TO DISCONTINUE AN ENTITY'S PARTICIPATION IN THE INCENTIVE PROGRAM4 IF THE ENTITY FAILS TO MEET THE EXPECTATIONS;5 (d) O UTLINE A SCALE FOR THE AMOUNT OF MONEY AWARDED TO6 AN EMPLOYER BASED ON CRITERIA SUCH AS THE DURATION OF7 WORK-BASED LEARNING EXPERIENCES , THE NUMBER OF PARTICIPANTS ,8 GEOGRAPHY, BUSINESS SIZE, AND OTHER FACTORS;9 (e) C OLLECT DATA CONCERNING THE INCENTIVE PROGRAM THAT10 INCLUDES:11 (I) T HE WORK-BASED LEARNING INTERMEDIARIES PARTICIPATING12 IN THE INCENTIVE PROGRAM;13 (II) T HE NUMBER OF EMPLOYERS PARTICIPATING IN THE INCENTIVE14 PROGRAM;15 (III) T HE NUMBER OF WORK -BASED LEARNING OPPORTUNITIES16 PROVIDED BY EMPLOYERS AND THE NUMBER OF WORK -BASED LEARNING17 HOURS COMPLETED;18 (IV) T HE NUMBER OF WORK -BASED LEARNING OPPORTUNITIES19 THAT LED TO A JOB IN THE RESPECTIVE INDUSTRY;20 (V) T HE NUMBER OF YOUTH AND ADULT PARTICIPANTS IN THE21 INCENTIVE PROGRAM, INCLUDING EMPLOYEES, INTERNS, APPRENTICES, OR22 OTHER INDIVIDUALS WHO PARTICIPATED IN THE INCENTIVE PROGRAM ;23 (VI) T HE DE-IDENTIFIED DEMOGRAPHIC INFORMATION OF THE24 INDIVIDUALS PARTICIPATING IN THE INCENTIVE PROGRAM , INCLUDING25 RACE, GEOGRAPHIC REGION OR ZIP CODE, AND WHETHER THE INDIVIDUALS26 MEET LOW-INCOME CRITERIA AS DETERMINED BY THE DEPARTMENT ; AND27 140 -11- (VII) ANY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF1 THE INCENTIVE PROGRAM, INCLUDING OUTCOMES RELATED TO EMPLOYERS2 THAT PARTICIPATED IN THE INCENTIVE PROGRAM AND SUBSEQUENTLY3 ADOPTED WORK-BASED LEARNING AS A BUSINESS PRACTICE BEYOND THE4 INCENTIVE PROGRAM'S DURATION.5 (f) E NSURE THAT YOUTH AND ADULTS ARE MADE AWARE OF6 OPPORTUNITIES FOR THEM TO LEARN IN THE WORKPLACE AT THE SAME7 TIME AS EARNING AN INCOME THROUGH THE INCENTIVE PROGRAM ; 8 (g) P ROVIDE TECHNICAL ASSISTANCE AND PLANNING ASSISTANCE 9 TO EMPLOYERS AND WORK-BASED LEARNING INTERMEDIARIES REGARDING10 THE WORK-BASED LEARNING QUALITY EXPECTATIONS DEVELOPED IN11 SUBSECTION (5) OF THIS SECTION; AND12 (h) BEGINNING IN 2023 AND EACH YEAR THEREAFTER , SUBMIT A13 REPORT COMPILING THE DATA COLLECTED PURSUANT TO SUBSECTION14 (2)(e) OF THIS SECTION TO THE SENATE BUSINESS , LABOR, AND15 TECHNOLOGY COMMITTEE AND THE HOUSE OF REPRESENTATIVES BUSINESS16 AFFAIRS AND LABOR COMMITTEE , OR THEIR SUCCESSOR COMMITTEES ,17 DURING THE HEARINGS HELD UNDER THE "STATE MEASUREMENT FOR18 A CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)19 G OVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.20 (3) Selection as a work-based learning intermediary. I N ORDER21 TO BE CONSIDERED BY THE DEPARTMENT FOR SELECTION AS A22 WORK-BASED LEARNING INTERMEDIARY , THE ENTITY SHALL SUBMIT AN23 APPLICATION TO THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED24 BY THE DEPARTMENT , WHICH MUST BE A SIMPLIFIED APPLICATION25 DESIGNED TO MAXIMIZE EMPLOYER PARTICIPATION . IN THE APPLICATION,26 THE ENTITY SHALL:27 140 -12- (a) DEMONSTRATE THE ENTITY 'S RECORD OF CONNECTING1 EMPLOYERS WITH LOCAL EDUCATION PROVIDERS , INSTITUTIONS OF HIGHER2 EDUCATION, OR OTHER TRAINING PROVIDERS SUCH AS REGISTERED3 APPRENTICESHIP PROGRAMS;4 (b) O UTLINE HOW THE ENTITY PLANS TO BRING EMPLOYERS , LOCAL5 EDUCATION PROVIDERS, INSTITUTIONS OF HIGHER EDUCATION , OR6 OTHER TRAINING PROVIDERS SUCH AS REGISTERED APPRENTICESHIP7 PROGRAMS TOGETHER TO ACCOMPLISH THE PURPOSES OF THE INCENTIVE8 PROGRAM;9 (c) O UTLINE HOW THE ENTITY WILL MEET OR EXCEED THE QUALITY10 EXPECTATIONS FOR WORK-BASED LEARNING ESTABLISHED BY THE OFFICE11 PURSUANT TO SUBSECTION (5) OF THIS SECTION; AND12 (d) S UBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY13 THE DEPARTMENT, INCLUDING AN ATTESTATION OF A COMMITMENT TO14 DIVERSITY, EQUITY, AND INCLUSION IN THE WORKPLACE.15 (4) Responsibilities of work-based learning intermediaries. A16 WORK-BASED LEARNING INTERMEDIARY SHALL DIRECTLY FACILITATE17 WORK-BASED LEARNING OPPORTUNITIES WITH EMPLOYERS THROUGH18 INCENTIVE PAYMENTS MADE DIRECTLY TO EMPLOYERS FOR TECHNICAL19 ASSISTANCE, BUSINESS COACHING, AND OTHER TYPES OF SUPPORT .20 W ORK-BASED LEARNING INTERMEDIARIES AND EMPLOYERS MAY USE21 INCENTIVE PAYMENTS FOR:22 (a) S TART-UP MANAGEMENT COSTS FOR EMPLOYERS TO CREATE23 WORK-BASED LEARNING PROGRAMS , INCLUDING TRAINING FOR24 EMPLOYERS TO ESTABLISH AND MANAGE A WORK -BASED LEARNING25 PROGRAM;26 (b) D EVELOPING AND PROVIDING PERSONALIZED PARTICIPANT27 140 -13- SUPPORTS, INCLUDING TRANSPORTATION ASSISTANCE , AND PARTNERING1 WITH OTHER ENTITIES TO PROVIDE ACCESS TO OR REFERRALS FOR2 SUPPORTIVE SERVICES, LEARNING SUPPORTS, FINANCIAL ADVISING, AND3 OTHER TYPES OF SUPPORT TO ENSURE ADULTS AND YOUTH CAN4 PARTICIPATE IN WORK-BASED LEARNING;5 (c) E DUCATING EMPLOYERS ON HOW TO WORK WITH LOCAL6 EDUCATION PROVIDERS AND INSTITUTIONS OF HIGHER EDUCATION TO7 CREATE CAREER-CONNECTED LEARNING PARTNERSHIPS ;8 (d) T RAINING COSTS, INCLUDING ENROLLMENT , REGISTRATION,9 AND COURSE FEES FOR PARTICIPATION IN CLASSROOM TRAINING AND10 CERTIFICATIONS ALIGNED WITH WORK -BASED LEARNING;11 (e) P ROVIDING INCENTIVES FOR EMPLOYERS WHO PARTICIPATE IN12 THE DELIVERY OF EDUCATION SERVICES ;13 (f) A NY SERVICES, RESOURCES, AND SUPPORT IDENTIFIED BY14 EMPLOYERS TO SUPPORT WORK -BASED LEARNING THAT ALIGN WITH THE15 PURPOSES OF THIS SECTION , INCLUDING FOSTERING REGIONAL16 PARTNERSHIPS BY SECTOR OR INDUSTRY AND HIRING A BUSINESS COACH17 OR OTHER INDIVIDUAL TO ACT AS A LIAISON BETWEEN A WORK -BASED18 LEARNING INTERMEDIARY AND EMPLOYERS RECEIVING INCENTIVE19 PAYMENTS; AND20 (g) E NSURING ALIGNMENT WITH AND AVOIDING DUPLICATION OF21 EXISTING PROGRAMS AND, WHERE PRACTICABLE, LEVERAGING EXISTING22 RESOURCES.23 (5) Work-based learning quality expectations. T HE OFFICE, IN24 CONSULTATION WITH THE DEPARTMENT , THE COMMISSION, THE OFFICE OF25 ECONOMIC DEVELOPMENT , THE DEPARTMENT OF EDUCATION , THE26 DEPARTMENT OF HIGHER EDUCATION , THE STATE BOARD FOR COMMUNITY27 140 -14- COLLEGES AND OCCUPATIONAL EDUCATION , AREA TECHNICAL COLLEGES,1 AND THE WORK FORCE DEVELOPMENT COUNCIL , SHALL:2 (a) O N OR BEFORE SEPTEMBER 15, 2022, DEVELOP WORK-BASED3 LEARNING QUALITY EXPECTATIONS FOR YOUTH AND ADULTS , TAKING INTO4 CONSIDERATION:5 (I) H OW THE EXPECTATIONS ALIGN WITH EMPLOYER NEEDS ;6 (II) E VIDENCE-BASED PRACTICES;7 (III) T HE POTENTIAL OUTCOMES OF WORK -BASED LEARNING8 OPPORTUNITIES FOR YOUTH AND ADULTS ; 9 (IV) O PPORTUNITIES TO AWARD EDUCATIONAL CREDIT OR10 PAYMENT FOR WORK-BASED LEARNING EXPERIENCES ; 11 (V) A LIGNMENT WITH THE MINIMUM STANDARDS SET BY THE 12 FEDERAL DEPARTMENT OF LABOR OR THE STATE APPRENTICESHIP AGENCY ,13 WHERE APPLICABLE; AND14 (VI) G RADUATION AND COMPLETIONS RATES OF THE PROGRAMS , 15 WHERE APPLICABLE; AND16 (b) R EVIEW AND REVISE THE WORK -BASED LEARNING QUALITY17 EXPECTATIONS EVERY FIVE YEARS , INCLUDING CONSIDERATION OF:18 (I) T HE RELEVANCE OF AND INNOVATIONS IN WORK -BASED19 LEARNING;20 (II) W HETHER WORK-BASED LEARNING IS DYNAMIC AND21 RESPONSIVE TO THE NEEDS OF BUSINESS AND EDUCATION PARTNERS ;22 (III) H OW THE WORK-BASED LEARNING EXPERIENCES ALIGN WITH23 EMPLOYER EXPECTATIONS FOR ADULTS AND YOUTH IN HIGH -WAGE,24 HIGH-DEMAND JOBS; AND25 (IV) T HE QUALITY OF WORK -BASED LEARNING PROVIDED TO26 PARTICIPANTS IN THE INCENTIVE PROGRAM .27 140 -15- (6) Appropriation. F OR THE 2022-23 STATE FISCAL YEAR, THE1 GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM2 THE GENERAL FUND TO THE DEPARTMENT FOR THE PURPOSES OF THIS3 SECTION. ANY UNEXPENDED MONEY REMAINING AT THE END OF THE4 2022-23 STATE FISCAL YEAR:5 (a) D OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER6 FUND;7 (b) M AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE 8 FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND9 (c) S HALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE10 PURPOSES SET FORTH IN THIS SECTION.11 (7) Rules. T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY12 PROMULGATE RULES TO IMPLEMENT THIS SECTION .13 8-83-603. Statewide digital navigator program - office of14 future work - rules - appropriation. (1) O N OR BEFORE JANUARY 1,15 2023, THE OFFICE SHALL CREATE A STATEWIDE DIGITAL NAVIGATOR16 PROGRAM. THE PURPOSE OF THE PROGRAM IS TO ADDRESS DIGITAL17 INEQUITIES THAT PREVENT YOUTH AND ADULTS FROM SECURING18 EMPLOYMENT. TO ADDRESS DIGITAL INEQUITIES, THE PROGRAM MAY19 PROVIDE SERVICES AND SUPPORTS , INCLUDING ACCESS TO DIGITAL20 TECHNOLOGY, COMPUTER AND TECHNOLOGY SKILLS TRAINING, AND21 AFFORDABLE INTERNET SERVICE THROUGH THE EMPLOYMENT OF DIGITAL22 NAVIGATORS. THE OFFICE SHALL, THROUGH AN APPLICATION PROCESS ,23 SELECT AT LEAST ONE ADMINISTERING ENTITY TO ADMINISTER THE24 DIGITAL NAVIGATOR PROGRAM . THE DIGITAL NAVIGATOR PROGRAM WILL25 DEPLOY DIGITAL NAVIGATORS TO :26 (a) (I) C ONDUCT OUTREACH TO TARGET POPULATIONS IN NEED OF27 140 -16- INTERNET ACCESS, HARDWARE, SOFTWARE, AND DIGITAL SKILLS; 1 (II) P ROVIDE TECHNOLOGY AND LITERACY SUPPORT TO TARGET2 POPULATIONS; AND3 (III) C ONNECT TARGET POPULATIONS TO RESOURCES IN ORDER TO4 REMOVE BARRIERS TO TRAINING AND EMPLOYMENT ;5 (b) M AKE REFERRALS TO AND FACILITATE ENROLLMENT OF6 TARGET POPULATIONS IN:7 (I) D IGITAL LITERACY CLASSES AND WORKSHOPS ;8 (II) R ESKILLING, UPSKILLING, AND NEXT-SKILLING OPPORTUNITIES;9 (III) S UPPORT SERVICES;10 (IV) B ASIC LITERACY OR NUMERACY INSTRUCTION OR TUTORING ;11 (V) W ORKFORCE DEVELOPMENT SERVICES ; AND12 (VI) W ORK-BASED LEARNING OPPORTUNITIES , INCLUDING13 WORK-BASED LEARNING OPPORTUNITIES CREATED IN SECTION 8-83-602; 14 (c) C ONNECT TARGET POPULATIONS TO LOW -COST INTERNET15 PROGRAMS AND RESOURCES ;16 (d) I DENTIFY AND HELP DISTRIBUTE THE NECESSARY17 TECHNOLOGIES TO TARGET POPULATIONS ;18 (e) P ROVIDE AD HOC BASIC DIGITAL SKILLS SUPPORT TO TARGET19 POPULATIONS, INCLUDING:20 (I) S ETTING UP A COMPUTER;21 (II) C ONNECTING A DEVICE TO THE INTERNET ; AND22 (III) A SSISTING PEOPLE IN COMPLETING A JOB SEARCH, CREATING23 A PROFILE THROUGH THE MY COLORADO JOURNEY PLATFORM24 ADMINISTERED BY THE STATE WORK FORCE DEVELOPMENT COUNCIL ,25 CREATING AN ACCOUNT WITH THE CONNECTING COLORADO STUDENTS26 GRANT PROGRAM CREATED IN ARTICLE 103 OF TITLE 23, AND APPLYING27 140 -17- FOR PUBLIC BENEFITS THROUGH ONLINE APPLICATIONS ;1 (f) S ERVE AS ON-THE-GROUND DATA COLLECTORS TO PROVIDE A2 DETAILED PICTURE OF COLORADO COMMUNITY NEEDS TO INFORM THE3 OFFICE AND ITS PARTNERS DESCRIBED IN SUBSECTION (3) OF THIS SECTION4 ON WHERE ADDITIONAL RESOURCES SHOULD BE INVESTED ; AND 5 (g) A LIGN AND COORDINATE WITH OTHER NAVIGATOR PROGRAMS6 AND SERVICE PROVIDERS.7 (2) I N ORDER TO BE CONSIDERED BY THE OFFICE FOR SELECTION AS8 THE ADMINISTERING ENTITY OF THE DIGITAL NAVIGATOR PROGRAM , AN9 ENTITY SHALL SUBMIT AN APPLICATION TO THE OFFICE , IN A FORM AND10 MANNER ESTABLISHED BY THE OFFICE , THAT:11 (a) D EMONSTRATES THE ENTITY 'S RECORD OF CONDUCTING12 OUTREACH TO A TARGET POPULATION OR MULTIPLE TARGET POPULATIONS ;13 (b) O UTLINES HOW THE ENTITY PLANS TO PARTNER WITH14 COMMUNITY ORGANIZATIONS THAT INCLUDE A PUBLIC SCHOOL , A PUBLIC15 OR MULTIFAMILY HOUSING AUTHORITY , A LIBRARY, A HEALTH-CARE16 PROVIDER, A COMMUNITY COLLEGE OR OTHER INSTITUTION OF HIGHER17 EDUCATION, A STATE LIBRARY AGENCY, A PUBLIC WORKFORCE CENTER ,18 AND ANY OTHER NONPROFIT OR GOVERNMENTAL COMMUNITY SUPPORT19 ORGANIZATION, AS APPLICABLE, TO ACCOMPLISH THE PURPOSES OF THE20 PROGRAM; AND21 (c) D ESCRIBES THE ENTITY'S ADMINISTRATIVE CAPACITY TO22 SUCCESSFULLY ADMINISTER THE PROGRAM .23 (3) T HE OFFICE SHALL WORK COLLABORATIVELY WITH OTHER24 OFFICES AND DIVISIONS IN THE DEPARTMENT, THE DEPARTMENT OF HIGHER25 EDUCATION, THE DEPARTMENT OF EDUCATION , THE COLORADO26 BROADBAND OFFICE CREATED IN SECTION 24-37.5-903, THE DEPARTMENT27 140 -18- OF HUMAN SERVICES, THE OFFICE OF EHEALTH INNOVATION IN THE1 GOVERNOR'S OFFICE, AND THE OFFICE OF ECONOMIC DEVELOPMENT TO2 IDENTIFY AND SUPPORT DIVERSE PARTNERS AND EMPLOYERS .3 (4) (a) T HE OFFICE SHALL SHARE OUTCOMES OF THE PROGRAM4 WITH PARTNERS DESCRIBED IN SUBSECTION (3) OF THIS SECTION AND5 COLLECT DATA CONCERNING THE PROGRAM THAT INCLUDES :6 (I) T HE OUTREACH ACTIVITIES CONDUCTED ;7 (II) T HE NUMBER OF INDIVIDUALS SERVED BY THE NAVIGATORS8 AND THE DE-IDENTIFIED DEMOGRAPHICS OF THOSE INDIVIDUALS ,9 INCLUDING RACE, GEOGRAPHIC REGION OR ZIP CODE, AND WHETHER THE10 INDIVIDUALS MEET LOW -INCOME CRITERIA AS DETERMINED BY THE11 DEPARTMENT; AND12 (III) A NY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF THE13 PROGRAM, INCLUDING SKILLS ATTAINMENT AND EMPLOYMENT14 ATTAINMENT.15 (b) T HE OFFICE SHALL INCLUDE THE OUTCOMES SHARED AND THE16 DATA COLLECTED PURSUANT TO THIS SUBSECTION (4) IN THE17 PRESENTATIONS REQUIRED BY SECTION 8-83-602 AT THE HEARINGS HELD18 UNDER THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,19 AND TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 720 OF TITLE 2.21 (5) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL22 ASSEMBLY SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE23 GENERAL FUND TO THE DEPARTMENT FOR USE BY THE OFFICE FOR THE24 PURPOSES OF THIS SECTION. ANY UNEXPENDED MONEY REMAINING AT THE25 END OF THE 2022-23 STATE FISCAL YEAR:26 (a) D OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER27 140 -19- FUND;1 (b) M AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE 2 FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND 3 (c) S HALL NOT BE USED FOR ANY OTHER PURPOSE OTHER T HAN THE4 PURPOSES SET FORTH IN THIS SECTION.5 (6) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY6 PROMULGATE RULES TO IMPLEMENT THIS SECTION .7 SECTION 3. In Colorado Revised Statutes, repeal and reenact,8 with amendments, 8-3.7-102 as follows:9 8-3.7-102. Definitions. A S USED IN THIS ARTICLE 3.7, UNLESS THE10 CONTEXT OTHERWISE REQUIRES :11 (1) "C AREER-ALIGNED ESL CLASSES" OR "CAREER-ALIGNED12 E NGLISH AS A SECOND LANGUAGE PROGRAM " MEANS A CURRICULUM OR13 CLASSES THAT SUPPORT SPECIFIC CAREERS OR OCCUPATIONS THROUGH14 THE ALIGNMENT OF EDUCATION , EMPLOYMENT, AND SKILLS PROGRAMS15 THAT ACCELERATE AN INDIVIDUAL 'S ABILITY TO COMMUNICATE ON THE16 JOB OR IN THE PURSUIT OF A JOB.17 (2) "C LASSES" INCLUDES VIRTUAL CLASSES WITH A LIVE TEACHER,18 RECORDED CLASSES, AND ADDITIONAL CURRICULUM AND OTHER SUPPORTS19 ASSOCIATED WITH LEARNING.20 (3) "D EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND21 EMPLOYMENT CREATED IN SECTION 24-1-121.22 (4) "E NGLISH LANGUAGE LEARNER " OR "ELL" MEANS AN23 INDIVIDUAL WHO IS LINGUISTICALLY DIVERSE AND WHO HAS A LEVEL OF24 E NGLISH LANGUAGE PROFICIENCY THAT REQUIRES LANGUAGE SUPPORT .25 (5) "I MMIGRANT" OR "NEW AMERICAN" MEANS A COLORADAN26 WHO HAS ARRIVED, OR AN INDIVIDUAL WHO WILL ARRIVE, TO COLORADO27 140 -20- AS AN IMMIGRANT OR REFUGEE AND INCLUDES THE INDIVIDUAL 'S1 CHILDREN. "IMMIGRANT" OR "NEW AMERICAN" INCLUDES: REFUGEES,2 ASYLEES, SPECIAL IMMIGRANT VISA HOLDERS, VICTIMS OF TRAFFICKING,3 RECIPIENTS OF THE FEDERAL DEFERRED ACTION FOR CHILDHOOD ARRIVALS4 PROGRAM, AND ALL OTHER IMMIGRANTS AND ASPIRING CITIZENS SEEKING5 OPPORTUNITY, SAFETY, OR REUNIFICATION OF FAMILY.6 (6) "I NTEGRATION" MEANS A DYNAMIC, TWO-WAY PROCESS IN7 WHICH IMMIGRANTS AND NEW AMERICANS AND THE RECEIVING8 COMMUNITY WORK TOGETHER TO BUILD SECURE , VIBRANT, AND COHESIVE9 COMMUNITIES WITHOUT HAVING TO FOREGO THEIR OWN CULTURAL10 IDENTITY.11 (7) "ONA" MEANS THE COLORADO OFFICE OF NEW AMERICANS12 CREATED IN SECTION 8-3.7-103.13 (8) "T ASK FORCE" MEANS THE GLOBAL TALENT TASK FORCE14 CREATED BY ONA IN SECTION IN 8-3.7-107.15 (9) "W ORK-BASED LEARNING" HAS THE SAME MEANING AS SET16 FORTH IN SECTION 8-83-601 (15).17 (10) "W ORKFORCE PARTNERS" INCLUDES ENTITIES THAT PROVIDE18 WORK-BASED LEARNING OPPORTUNITIES , JOB TRAINING, AND OTHER19 SUPPORTS THAT ENABLE INDIVIDUALS TO CONNECT WITH IN -DEMAND JOBS,20 INDUSTRIES, AND OCCUPATIONS.21 SECTION 4. In Colorado Revised Statutes, add 8-3.7-106 and22 8-3.7-107 as follows:23 8-3.7-106. Virtual, career-aligned English as a second24 language program - created - report - appropriation. (1) O N OR25 BEFORE JANUARY 1, 2023, THE ONA SHALL ESTABLISH A VIRTUAL ,26 CAREER-ALIGNED ENGLISH AS A SECOND LANGUAGE PROGRAM TO : 27 140 -21- (a) ENSURE ELLS HAVE ACCESS TO WORK -BASED LEARNING,1 JOB-TRAINING, AND EMPLOYMENT OPPORTUNITIES AND THE SUPPORTS2 THEY NEED FOR SUCCESS IN THE CAREER-ALIGNED ENGLISH AS A SECOND3 LANGUAGE PROGRAM AND EMPLOYMENT WITH WORKFORCE PARTNERS4 AND EMPLOYERS;5 (b) F ACILITATE WORK-BASED LEARNING BY PROVIDING6 ADDITIONAL SUPPORT TO HELP EMPLOYERS AND OTHER WORKFORCE7 PARTNERS RECRUIT, SERVE, HIRE, AND PROMOTE ELLS;8 (c) P ROVIDE EFFICIENT AND EFFECTIVE ACCESS TO ESTABLISHED ,9 CAREER-ALIGNED ESL CLASSES FOR YOUTH AND ADULTS , WORK-BASED10 LEARNING PARTICIPANTS, AND OTHER JOB TRAINING PARTICIPANTS AND11 THEIR EMPLOYERS, PROGRAM ADMINISTRATORS , AND TEACHERS;12 (d) S TREAMLINE ACCESS TO CAREER -ALIGNED ESL CLASSES13 THROUGH THE PURCHASE OF LICENSES TO VIRTUAL PLATFORMS THAT ARE14 THEN MADE AVAILABLE TO INTERESTED WORKFORCE PARTNERS AND15 EMPLOYERS; AND16 (e) A CCELERATE THE ADOPTION OF CAREER-ALIGNED ESL CLASSES17 INTO EMPLOYER AND WORK -BASED LEARNING PROGRAMS AND TRAINING18 PROGRAMS FOR RESKILLING, UPSKILLING, AND NEXT-SKILLING, AS THOSE19 TERMS ARE DEFINED IN SECTION 8-83-601.20 (2) T HE VIRTUAL, CAREER-ALIGNED ENGLISH AS A SECOND21 LANGUAGE PROGRAM SHALL ADDRESS :22 (a) T HE INTERSECTION OF ENGLISH LANGUAGE LEARNING WITH23 OTHER WORK-BASED LEARNING AND SKILL-BASED HIRING EFFORTS;24 (b) T HE CHALLENGE OF INCORPORATING ELLS INTO OUR25 WORKFORCE AND WORKFORCE PROGRAMS , INCLUDING WORK-BASED26 LEARNING OPPORTUNITIES; AND27 140 -22- (c) OPPORTUNITIES FOR EMPLOYERS TO INTEGRATE NEW1 A MERICANS AND ELLS INTO WORKFORCE AND TALENT PIPELINES , IN2 RECOGNITION OF THE NEED FOR EQUITABLE OPPORTUNITIES AND THE3 IMPORTANCE OF HARNESSING THE TALENTS OF SKILLED NEW AMERICANS4 AND ELLS IN THIS STATE.5 (3) (a) T HE ONA SHALL:6 (I) T HROUGH A PROCESS THAT COMPLIES WITH THE7 "P ROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, SELECT AT8 LEAST ONE QUALIFIED VE NDOR WITH AN ESTABLISHED AND EXISTING9 VIRTUAL PLATFORM THAT OFFERS CAREER -ALIGNED ESL CLASSES IN10 IN-DEMAND INDUSTRIES AND OCCUPATIONS ;11 (II) A LLOCATE FUNDING TO THE VENDOR SELECTED IN SUBSECTION12 (3)(a)(I) OF THIS SECTION:13 (A) F OR THE PURCHASE OF INDIVIDUAL LICENSES THAT CAN BE14 DISTRIBUTED TO INTERESTED AND SELECTED EMPLOYERS AND15 WORK-BASED LEARNING AND WORKFORCE PARTNERS FOR INDIVIDUALS TO16 ACCESS VIRTUAL CLASSES AND PLATFORMS ; AND17 (B) T O CREATE NEW CAREER-ALIGNED ESL CLASSES, AS NEEDED,18 FOR COLORADO'S IN-DEMAND OCCUPATIONS ;19 (III) D ETERMINE THE MOST EFFICIENT METHOD FOR DISTRIBUTING20 LICENSES FOR CAREER-ALIGNED ESL CLASSES THROUGH A STREAMLINED21 PROCESS TO REDUCE BARRIERS TO PARTICIPATION , WITH A FOCUS ON22 SMALL- TO MEDIUM-SIZED EMPLOYERS AND WORK -BASED LEARNING AND23 WORKFORCE PARTNERS WITH EXISTING RELATIONSHIPS WITH THE24 DEPARTMENT AND ON OTHER STATE AGENCIES AND PARTNERS , INCLUDING25 LOCAL WORKFORCE CENTERS , SCHOOLS, INSTITUTIONS OF HIGHER26 EDUCATION, AND NONPROFIT ORGANIZATIONS ;27 140 -23- (IV) COMMUNICATE THE OPPORTUNITIES CREATED THROUGH THIS1 SECTION HOLISTICALLY AND STATEWIDE , WITH A FOCUS ON AREAS OF THE2 STATE WITH HIGHER PROPORTIONS OF ELLS AND NEW AMERICANS AND IN3 AREAS WITHOUT EXISTING CAREER -ALIGNED ESL CLASSES OR WITH4 ADDITIONAL BARRIERS, SUCH AS TRANSPORTATION BARRIERS , THAT5 CURRENTLY PREVENT COLORADANS FROM PARTICIPATING IN ESL6 CLASSES, INCLUDING IN RURAL AREAS;7 (V) W ORK COLLABORATIVELY WITH OTHER OFFICES AND8 DIVISIONS IN THE DEPARTMENT, THE DEPARTMENT OF HIGHER EDUCATION ,9 THE DEPARTMENT OF HUMAN SERVICES , AND THE OFFICE OF ECONOMIC10 DEVELOPMENT TO IDENTIFY DIVERSE PARTNERS AND EMPLOYERS AND11 ADDITIONAL SUPPORTS FOR PARTICIPANTS TO ENSURE THEIR SUCCESS ;12 (VI) S HARE OUTCOMES OF THE VIRTUAL CAREER -ALIGNED13 E NGLISH AS A SECOND LANGUAGE PROGRAM WITH THE EMPLOYER14 COMMUNITY; AND15 (VII) C OLLECT DATA CONCERNING THE PROGRAM THAT INCLUDES :16 (A) T HE TYPES OF ENTITIES SUPPORTED, SUCH AS AN EMPLOYER OR17 APPRENTICESHIP PROGRAM, AND THEIR LOCATION IN COLORADO;18 (B) T HE NUMBER OF PARTICIPATING ENTITIES;19 (C) T HE NUMBER OF INDIVIDUALS SERVED AT EACH ENTITY AND20 THEIR DEMOGRAPHICS;21 (D) T HE CAREERS OR OCCUPATIONS SUPPORTED BY THE VIRTUAL22 CAREER-ALIGNED ENGLISH AS A SECOND LANGUAGE PROGRAM ; AND23 (E) A NY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF THE24 VIRTUAL CAREER-ALIGNED ENGLISH AS A SECOND LANGUAGE PROGRAM .25 (b) I N CONJUNCTION WITH THE DEPARTMENT , THE ONA SHALL26 INCLUDE THE INFORMATION IN THIS SUBSECTION (3) IN THE27 140 -24- PRESENTATIONS REQUIRED BY SECTION 8-83-602 AT THE HEARINGS HELD1 UNDER THE "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,2 AND TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 73 OF TITLE 2.4 (4) F OR THE 2022-23 STATE FISCAL YEAR THE GENERAL ASSEMBLY5 SHALL APPROPRIATE ONE MILLION ONE HUNDRED THOUSAND DOLLARS6 FROM THE GENERAL FUND TO THE DEPARTMENT , FOR USE BY ONA FOR7 THE PURPOSES OF THIS SECTION. ANY UNEXPENDED MONEY REMAINING AT8 THE END OF THE 2022-23 STATE FISCAL YEAR:9 (a) D OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER10 FUND;11 (b) M AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE 12 FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND 13 (c) S HALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE14 PURPOSES SET FORTH IN THIS SECTION.15 8-3.7-107. Global talent task force - created - repeal. (1) O N16 OR BEFORE SEPTEMBER 1, 2022, THE ONA SHALL ESTABLISH A GLOBAL17 TALENT TASK FORCE THAT INCLUDES DIVERSE REPRESENTATION 18 REFLECTIVE OF THE STATE. THE TASK FORCE SHALL:19 (a) S TUDY THE PATHWAYS FOR OBTAINING CERTAIN IN-DEMAND20 OCCUPATIONAL LICENSES AND INTERNATIONAL CREDENTIALS TO TAKE21 ADVANTAGE OF THE GLOBAL POOL OF SKILLED WORKERS IN COLORADO.22 T HE TASK FORCE SHALL CHOOSE AT LEAST FIVE OCCUPATIONS THAT ARE23 RESPONSIVE TO WORKFORCE NEEDS , AS DETERMINED BY THE ANNUAL 24 C OLORADO TALENT REPORT PREPARED PURS UANT TO SECTION 25 24-46.6-103 (3), AND THAT ARE OCCUPATIONS IN WHICH THE STATE HAS26 THE NEED FOR AND AN ABILITY TO PROVIDE OVERSIGHT , INCLUDING27 140 -25- OCCUPATIONS IN EARLY CHILDHOOD EDUCATION AND CARE , EDUCATION,1 AND HEALTH CARE, WITH A PRIORITY GIVEN TO THE PRACTICE OF NURSING.2 (b) A CCELERATE AND EXPAND WORK THAT THE DEPARTMENT AND3 OTHER STATE AGENCIES HAVE DONE TO INTEGRATE NEW AMERICANS AND4 INTERNATIONALLY TRAINED PROFESSIONALS INTO THE WORKFORCE ; AND5 (c) P ROVIDE POLICY AND PROGRAMMATIC RECOMMENDATIONS TO6 THE GOVERNOR AND THE GENERAL ASSEMBLY TO INCREASE THE ABILITY7 OF THE STATE TO HARNESS THE SKILLS OF NEW AMERICANS, INCLUDING8 THROUGH WORK-BASED LEARNING OPPORTUNITIES .9 (2) T HE ONA SHALL PROVIDE ADMINISTRATIVE STAFF TO SUPPORT10 THE TASK FORCE.11 (3) (a) O N OR BEFORE SEPTEMBER 1, 2022:12 (I) T HE DIRECTOR OF THE ONA SHALL APPOINT TWELVE MEMBERS13 OF THE TASK FORCE AS FOLLOWS:14 (A) T HREE INTERNATIONALLY TRAINED PROFESSIONALS ;15 (B) T HREE REPRESENTATIVES OF COMMUNITY -BASED16 ORGANIZATIONS OR COALITIONS SERVING NEW AMERICANS AND17 INTERNATIONALLY TRAINED PROFESSIONALS ;18 (C) O NE REPRESENTATIVE OF WORK-BASED LEARNING PROGRAMS19 OR PROVIDERS OF EXPERIENTIAL LEARNING OPPORTUNITIES ;20 (D) O NE REPRESENTATIVE OF EMPLOYERS PARTICIPATING IN A21 WORK-BASED LEARNING PROGRAM ; 22 (E) T WO REPRESENTATIVES OF IN-DEMAND INDUSTRIES, SUCH AS23 EDUCATION OR HEALTH CARE ;24 (F) O NE REPRESENTATIVE OF LOCAL DISTRICT COLLEGES ; AND 25 (G) O NE REPRESENTATIVE OF THE STATE WORKFORCE 26 DEVELOPMENT COUNCIL CREATED IN SECTION 24-46.3-101.27 140 -26- (II) THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS1 OF THE SENATE TO THE TASK FORCE, ONE OF WHOM REPRESENTS RURAL2 COMMUNITIES;3 (III) T HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL4 APPOINT TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE TASK5 FORCE, ONE OF WHOM REPRESENTS RURAL COMMUNITIES ;6 (IV) T HE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE7 MEMBER OF THE SENATE TO THE TASK FORCE ;8 (V) T HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES9 SHALL APPOINT ONE MEMBER OF THE HOUSE OF REPRESENTATIVES TO THE10 TASK FORCE; AND11 (VI) T HE GOVERNOR SHALL APPOINT ONE REPRESENTATIVE OF THE 12 OFFICE OF THE GOVERNOR.13 (b) T HE TASK FORCE ALSO CONSISTS OF:14 (I) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE15 EXECUTIVE DIRECTOR'S DESIGNEE;16 (II) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF17 REGULATORY AGENCIES OR THE EXECUTIVE DIRECTOR 'S DESIGNEE;18 (III) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHER19 EDUCATION OR THE EXECUTIVE DIRECTOR 'S DESIGNEE;20 (IV) T HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S21 DESIGNEE; AND22 (V) T HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY23 CHILDHOOD EDUCATION OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.24 (c) T HE ONA MAY, AS APPROPRIATE, PROVIDE A FIFTY-DOLLAR 25 STIPEND TO EACH TASK FORCE MEMBER PER TASK FORCE MEETING THAT26 THE MEMBER ATTENDS TO RECOGNIZE THE TASK FORCE MEMBERS WHO27 140 -27- ARE NOT OTHERWISE COMPENSATED FOR THE TIME SERVED ON THE TASK1 FORCE.2 (4) O N OR BEFORE DECEMBER 31, 2023, THE TASK FORCE SHALL3 REPORT ITS FINDINGS AND RECOMMENDATIONS MADE PURSUANT TO THIS4 SECTION TO THE OFFICE OF THE GOVERNOR AND TO THE GENERAL5 ASSEMBLY AND SHALL MAKE THE REPORT AVAILABLE TO THE PUBLIC .6 (5) T HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024. 7 SECTION 5. In Colorado Revised Statutes, amend 8-77-110 as8 follows:9 8-77-110. Office of future work - study - report. (1) The office10 of future of work in the department of labor and employment, created by11 executive order B 2019 009, shall, within the scope of the executive12 order, study unemployment assistance as part of its study on the13 modernization of worker benefits and protections.14 (2) On or before January 15, 2021, the office of the future of15 work shall submit an initial report as directed by the executive order B16 2019 009 to the governor and to the business, labor, and technology17 committee of the senate and the business affairs and labor committee of18 the house of representatives, or their successor committees.19 SECTION 6. In Colorado Revised Statutes, 22-10-103, add20 (10.5) as follows:21 22-10-103. Definitions. As used in this article 10, unless the22 context otherwise requires:23 (10.5) "WORK-BASED LEARNING" HAS THE SAME MEANING AS SET24 FORTH IN SECTION 8-83-601 (15).25 SECTION 7. In Colorado Revised Statutes, 22-10-104, amend26 (1)(d) as follows:27 140 -28- 22-10-104. Adult education and literacy grant program -1 created - rules. (1) (d) An adult education provider may use grant money2 received pursuant to this article 10 in combination with any money3 received from other public or private sources. An adult education4 provider may use grant money received pursuant to this article 10 on5 behalf of a student who:6 (I) Lacks basic literacy or numeracy skills; or who7 (II) Is enrolled in or has completed the adult education and8 literacy program; or9 (III) Is receiving training from a postsecondary education or10 training provider or from a workforce development provider that11 participates in a workforce development partnership with the adult12 education provider; OR13 (IV) I S PARTICIPATING IN WORK-BASED LEARNING.14 SECTION 8. In Colorado Revised Statutes, 22-14-102, amend15 the introductory portion; and add (18) as follows:16 22-14-102. Definitions. As used in this article ARTICLE 14, unless17 the context otherwise requires:18 (18) "W ORK-BASED LEARNING" HAS THE SAME MEANING AS SET19 FORTH IN SECTION 8-83-601 (15).20 SECTION 9. In Colorado Revised Statutes, 22-14-109, amend21 (1) as follows:22 22-14-109. Student re-engagement grant program - rules -23 application - grants - report. (1) There is hereby created within the24 department the student re-engagement grant program to provide grant25 money to local education providers to use in providing educational26 services and supports, INCLUDING WORK-BASED LEARNING, to students to27 140 -29- maintain student engagement and support student re-engagement in high1 school. Subject to available appropriations, the state board shall award2 student re-engagement grants to local education providers from money3 appropriated pursuant to subsection (4) of this section.4 SECTION 10. In Colorado Revised Statutes, 22-14-109.5,5 amend (5)(d) as follows:6 22-14-109.5. Ninth-grade success grant program - created -7 criteria - use of grant money - report - rules - definitions - repeal.8 (5) A local education provider or charter school that receives a grant9 through the program must use the grant money to implement a10 ninth-grade success program that, at a minimum, must include the11 following elements:12 (d) Identifying and prioritizing services, SUCH AS WORK-BASED13 LEARNING, for ninth-grade students who are at risk of academic failure in14 ninth grade;15 SECTION 11. In Colorado Revised Statutes, 22-32-138.5,16 amend (2) introductory portion, (2)(b)(II), (2)(b)(VIII), (2)(b)(IX), and17 (2)(b)(X); and add (2)(b)(XI) as follows:18 22-32-138.5. Educational stability grant program - application19 - grants - fund created - rules - report - definition. (2) The state board20 of education shall adopt rules pursuant to the "State Administrative21 Procedure Act", article 4 of title 24, for implementation of the grant22 program. At a minimum, the rules shall MUST include:23 (b) The information to be included on grant applications,24 including at a minimum:25 (II) A description of services to be provided through the grant,26 including a description of innovative practices to address barriers for27 140 -30- students; in out-of-home placement;1 (VIII) The provision of services for students in out-of-home2 placement who receive special education services;3 (IX) Access to extracurricular activities for students in4 out-of-home placement; and WHO RECEIVE SPECIAL EDUCATION SERVICES;5 (X) Transition practices relating to school moves for students; in6 out-of-home placement. AND7 (XI) (A) E NGAGEMENT IN ACADEMIC SUPPORTS , SUCH AS8 WORK-BASED LEARNING.9 (B) A S USED IN THIS SUBSECTION (2)(b)(XI), "WORK-BASED10 LEARNING" HAS THE SAME MEANING AS SET FORTH IN SECTION 8-83-60111 (15).12 SECTION 12. In Colorado Revised Statutes, 22-35.3-102, add13 (12) as follows:14 22-35.3-102. Definitions. As used in this article 35.3, unless the15 context otherwise requires:16 (12) "W ORK-BASED LEARNING" HAS THE SAME MEANING AS SET17 FORTH IN SECTION 8-83-601 (15).18 SECTION 13. In Colorado Revised Statutes, 22-35.3-103,19 amend (2) introductory portion and (2)(b) as follows:20 22-35.3-103. Pathways in technology early college high schools21 - design - requirements - approval. (2) A p-tech school to be operated22 by a local education provider must be jointly approved by the23 commissioner of education and the executive director of the department24 of higher education. The commissioner and the executive director shall25 jointly establish time lines TIMELINES and procedures by which a local26 education provider may apply to operate a p-tech school and shall develop27 140 -31- a model p-tech agreement template that may be used by an applicant. The1 application must include:2 (b) The operational model for the p-tech school, including but not3 limited to curricula, instructional practices, faculty roles, student support4 structures, class schedules, experiential learning opportunities,5 WORK-BASED LEARNING, and the associate degrees that students may6 attain through the p-tech school;7 SECTION 14. In Colorado Revised Statutes, 22-91-102, add (9)8 as follows:9 22-91-102. Definitions. As used in this article 91, unless the10 context otherwise requires:11 (9) "W ORK-BASED LEARNING" HAS THE SAME MEANING AS SET12 FORTH IN SECTION 8-83-601 (15).13 SECTION 15. In Colorado Revised Statutes, 22-91-103, amend14 (1)(a) as follows:15 22-91-103. School counselor corps grant program - created -16 rules. (1) (a) There is created in the department the school counselor17 corps grant program to provide funding to education providers. The goal 18 GOALS of the program is ARE to:19 (I) Increase the availability of effective school-based counseling20 to help increase the graduation rate within the state and increase the21 percentage of students who appropriately prepare for, apply to, and22 continue into postsecondary education; AND23 (II) S UPPORT WORK-BASED LEARNING AWARENESS AND 24 EDUCATION FOR STUDENTS AT THE MIDDLE SCHOOL AND HIGH SCHOOL25 LEVELS AND WORK-BASED LEARNING OPPORTUNITIES AT THE HIGH SCHOOL26 LEVEL.27 140 -32- SECTION 16. In Colorado Revised Statutes, 23-3.3-1002, add1 (10) as follows:2 23-3.3-1002. Definitions. As used in this part 10, unless the3 context otherwise requires:4 (10) "W ORK-BASED LEARNING" HAS THE SAME MEANING AS SET5 FORTH IN SECTION 8-83-601 (15).6 SECTION 17. In Colorado Revised Statutes, 23-3.3-1004,7 amend (4) introductory portion, (4)(a)(III)(D), and (4)(a)(III)(E); and add8 (4)(a)(III)(F) as follows:9 23-3.3-1004. Colorado opportunity scholarship initiative10 advisory board - created - duties - rules - repeal. (4) The board shall 11 hold its first meeting on or before November 1, 2014, at a time and place12 to be designated by the executive director or by the executive director's13 designee. The board shall meet at least four times each year and shall14 carry out the following duties:15 (a) Promulgate rules for administration of the initiative, including16 but not limited to the following:17 (III) Rules establishing permissible uses of grant and scholarship18 money from the initiative, which rules must stipulate that:19 (D) To the extent practicable, grants of financial assistance must20 be awarded to students representing rural and urban areas of the state and21 to students attending area technical colleges, community colleges,22 four-year institutions of higher education, and research institutions; and23 (E) To the extent practicable, financial assistance must be evenly24 distributed between students with an expected family contribution of less25 than one hundred percent of the annual federal PELL grant award and26 students with an expected family contribution between one hundred27 140 -33- percent and two hundred fifty percent of the annual federal PELL grant1 award; AND2 (F) T O THE EXTENT PRACTICABLE , GRANT AND SCHOLARSHIP3 MONEY MAY BE USED FOR WORK -BASED LEARNING;4 SECTION 18. In Colorado Revised Statutes, 23-3.3-1303, 5 amend (1)(b) as follows:6 23-3.3-1303. Fourth-year innovation pilot program - creation7 - eligibility - award of state funding - commission policies. (1) (b) The8 pilot program is limited to five local education providers or group of9 providers with the first cohort of graduates graduating early during the10 2021-22 school year and the last cohort of graduates graduating early11 during the 2025-26 school year. E ACH YEAR OF THE PROGRAM , a local 12 education provider or a group of local education providers may apply to13 the department to participate in the pilot program. A SCHOOL OR LOCAL 14 EDUCATION PROVIDER APPROVED BY THE DEPARTMENT MAY BE ADDED TO15 AN EXISTING GROUP OF LOCAL EDUCATION PROVIDERS . The commission16 shall select pilot program participants, including a mix of urban,17 suburban, and rural local education providers. In the pilot program18 application, the applicant or applicants shall indicate which high schools19 are participating in the pilot program. With approval of the charter school,20 a school district that is selected to participate in the pilot program may21 also include a charter school authorized by the school district as one of its22 designated high schools.23 SECTION 19. In Colorado Revised Statutes, 24-26.3-602,24 amend (3) as follows:25 24-46.3-602. Definitions. As used in this part 6 and part 7 of this26 article 46.3, unless the context otherwise requires:27 140 -34- (3) "Incumbent worker" means a worker who qualifies as an1 incumbent worker under 20 CFR 680.780 IS CURRENTLY EMPLOYED AND2 EXPECTS TO REMAIN EMPLOYED BY THE SAME EMPLOYER DURING AND3 AFTER PARTICIPATION IN A TRAINING PROGRAM OR TRAINING4 OPPORTUNITY.5 SECTION 20. Appropriation. (1) For the 2022-23 state fiscal6 year, $6,100,000 is appropriated to the department of labor and7 employment. This appropriation is from the general fund. To implement8 this act, the department may use this appropriation as follows:9 (a) $3,000,000 for state operations and program costs, which10 amount is based on an assumption that the division of employment and11 training will require an additional 2.3 FTE;12 (b) $2,000,000 for the office of future work, which amount is13 based on an assumption that the executive director's office will require an14 additional 0.9 FTE; and15 (c) $1,100,000 for the office of new americans, which amount is16 based on an assumption that the executive director's office will require an17 additional 1.9 FTE. 18 (2) Any money appropriated in this subsection (1) not expended19 prior to July 1, 2023, is further appropriated to the department for the20 2023-24 state fiscal year for the same purpose.21 (3) For the 2022-23 state fiscal year, $11,319 is appropriated to22 the legislative department for use by the general assembly. This23 appropriation is from the general fund. To implement this act, the general24 assembly may use this appropriation for per diem and travel25 reimbursement expenses.26 SECTION 21. Effective date. This act takes effect July 1, 2022.27 140 -35- SECTION 22. Safety clause. The general assembly hereby finds,1 determines, and declares that this act is necessary for the immediate2 preservation of the public peace, health, or safety.3 140 -36-