ARC 1783C

ARC 1783C

EDUCATION DEPARTMENT[281]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 256.7(5), the State Board of Education hereby proposes to amend Chapter 25, "Pathways for Academic Career and Employment Program; Gap Tuition Assistance Program," Iowa Administrative Code.

Revised Chapter 25 incorporates changes to the Pathways for Academic Career and Employment Program and Gap Tuition Assistance Program included in 2013 Iowa Acts, House File 604, passed by the 2013 General Assembly. Changes as a result of 2013 Iowa Acts, House File 604, include the addition of pathway navigators and regional industry sector partnerships; an increase in the federal poverty level benchmark from 200 percent to 250 percent under target populations and applicants for tuition assistance; and the addition of staff support services under eligible costs. Changes not directly associated with 2013 Iowa Acts, House File 604, include the renumbering and reformatting of subrules.

An agencywide waiver provision is provided in 281—Chapter 4.

Interested individuals may make written comments on the proposed amendments until December 30, 2014, at 4:30 p.m. Comments on the proposed amendments should be directed to Nicole Proesch, Department of Education, Second Floor, Grimes State Office Building, Des Moines, Iowa 50319-0146; telephone (515)281-8661; e-mail nicole.proesch@iowa.gov; or fax (515)242-5988.

A public hearing will be held on December 30, 2014, from 9 to 10 a.m.in the State Board Room, Second Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa, at which time persons may present their views either orally or in writing. Any person who intends to attend the public hearing and has special requirements, such as those related to hearing or mobility impairments, should contact and advise the Department of Education of specific needs by calling (515)281-5295.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code chapters 260H and 260I.

The following amendments are proposed.

Item 1. Amend rule 281—25.11(260H) as follows:

281—25.11(260H) Purpose. The pathways for academic career and employment program (hereinafter referred to as PACE) is established to provide funding to community colleges for the development of projects that will lead to gainful, quality, in-state employment for members of target populations by providing them with both effective academic and employment training to ensure gainful employment and customized support services.

Item 2. Amend rule 281—25.12(260H) as follows:

281—25.12(260H) Target populations. Individuals included in target populations are those individuals who meet one or more of the following:

1.Are deemed by definition to be low skilled.

2.Earn incomes at or below 200 250 percent of the federal poverty level.

3.Are unemployed.

4.Are underemployed.

5.Are dislocated workers.

Item 3. Amend subrule 25.16(3) as follows:

25.16(3) The development of career pathways that support the attainment of industry-recognized credentials, diplomas, and degrees through stackable, modularized program delivery.

Item 4. Adopt the following new rules 281—25.17(260H) and 281—25.18(260H):

281—25.17(260H) Pathway navigators.

25.17(1) A community college may use moneys for the PACE program to employ pathway navigators to assist students applying for or enrolled in eligible pathways for academic career and employment projects.

25.17(2) Pathway navigators shall provide services and support to aid students in selecting PACE projects that will result in gainful, quality, in-state employment and to ensure students are successful once enrolled in PACE projects. Services the pathway navigators may provide include but are not limited to the following:

a. Interviewing and selecting students for enrollment in PACE projects.

b. Assessing students' skills, interests, and previous academic and work experience for purposes of placement in PACE projects.

c. Working with students to develop academic and career plans and to adjust such plans as needed.

d. Assisting students in applying for and receiving resources for financial aid and other forms of tuition assistance.

e. Assisting students with the admissions process, remedial education, academic credit transfer, meeting assessment requirements, course registration, and other procedures necessary for successful completion of PACE projects.

f. Assisting in identifying and resolving obstacles to students' successful completion of PACE projects.

g. Connecting students with useful college resources or outside support services such as access to child care, transportation, and tutoring assistance, as needed.

h. Maintaining ongoing contact with students enrolled in PACE projects and ensuring students are making satisfactory progress toward the successful completion of projects.

i. Providing support to students transitioning from remedial education, short-term training, and classroom experience to employment.

j. Coordinating activities with community-based organizations that serve as key recruiters for PACE projects and assisting students throughout the recruitment process.

k. Coordinating adult basic education services.

281—25.18(260H) Regional industry sector partnerships.

25.18(1) A community college may use moneys for the PACE program to provide staff and support for the development and implementation of regional industry sector partnerships within the region served by the community college.

25.18(2) Regional industry sector partnerships may include but are not limited to the following activities:

a. Bringing together representatives from industry sectors, government, education, local workforce boards, community-based organizations, labor, economic development organizations, and other stakeholders within the regional labor market to determine how PACE projects should address workforce skills gaps, occupational shortages, and wage gaps.

b. Integrating PACE projects and other existing supply-side strategies with workforce needs within the region served by the community college.

c. Developing PACE projects that focus on the workforce skills, from entry-level to advanced, required by industry sectors within the region served by the community college.

d. Structuring pathways so that instruction and learning of workforce skills are aligned with industry-recognized standards where such standards exist.

Item 5. Rescind rules 281—25.21(260I) to 281—25.27(260I) and adopt the following new rules in lieu thereof:

281—25.21(260I) Applicants for tuition assistance.

25.21(1) Eligibility criteria. Eligibility for tuition assistance shall be based on financial need. Applicants may be found eligible for partial or total tuition assistance. Tuition assistance shall not be approved when the community college receiving the application determines that funding for an applicant's participation in an eligible certificate program is available from any other public or private funding source.

a. Criteria to determine financial need shall include but not be limited to:

(1)The applicant's family income for the 12 months prior to the date of application.

(2)The applicant's family size.

(3)The applicant's county of residence.

b. An applicant for tuition assistance under this chapter must have a demonstrated capacity to achieve the following outcomes:

(1)The ability to complete an eligible certificate program.

(2)The ability to enter a postsecondary certificate, diploma, or degree program for credit.

(3)The ability to gain full-time employment.

(4)The ability to maintain full-time employment over a period of time.

c. The community college receiving the application shall, after considering factors including but not limited to the following, approve an applicant for tuition assistance under this chapter only if the community college determines that applicant is likely to succeed in achieving the outcomes described in 25.16(2):

(1)Barriers that may prevent an applicant from completing the certificate program.

(2)Barriers that may prevent an applicant from gaining employment in an in-demand occupation.

25.21(2) Additional provisions.

a. An applicant for tuition assistance under Division II of this chapter shall provide to the gap tuition assistance coordinator at the community college receiving the application documentation of all sources of income.

b. Only an applicant eligible to work in the United States shall be approved for tuition assistance under Division II of this chapter.

c. An application shall be valid for six months from the date of signature on the application.

d. An applicant shall not be approved for tuition assistance under Division II of this chapter for more than one eligible certificate program.

e. Eligibility for tuition assistance under Division II of this chapter shall not be construed to guarantee enrollment in any community college certificate program.

f. Eligibility for tuition assistance under Division II of this chapter shall be limited to persons earning incomes at or below 250 percent of the federal poverty level as defined by the most recently revised poverty guidelines published by the U.S. Department of Health and Human Services.

281—25.22(260I) Eligible costs. Costs of a certificate program eligible for coverage by gap tuition assistance shall include but are not limited to the following:

1.Tuition.

2.Direct training costs.

3.Required books and equipment.

4.Fees, including but not limited to fees for industry testing services and background checks.

5.Costs of providing direct staff support services, including but not limited to marketing, outreach, application, interview, and assessment processes. Eligible costs for this purpose shall be limited to 20 percent of any allocation of moneys to the two smallest community colleges, 10 percent of any allocation of moneys to the two largest community colleges, and 15 percent of any allocation of moneys to the remaining 11 community colleges. Community college size shall be determined based on the most recent three-year rolling average full-time equivalent enrollment.

281—25.23(260I) Eligible certificate programs. For the purposes of this chapter, "eligible certificate program" means a program meeting all of the following criteria:

25.23(1) The program is not offered for credit but is aligned with a certificate, diploma, or degree for credit, and does at least one of the following:

a. Offers a nationally, state-, or locally recognized certificate.

b. Offers preparation for a professional examination or licensure.

c. Provides endorsement for an existing credential or license.

d. Represents recognized skill standards defined by an industrial sector.

e. Offers a similar PACE credential or training.

25.23(2) The program offers training or a credential in an in-demand occupation. For the purposes of this chapter, "in-demand occupation" includes occupations in information technology, health care, advanced manufacturing, transportation and logistics, and any other industry designated as in demand by a regional advisory board established pursuant to Iowa Code section 84A.4.

281—25.24(260I) Initial assessment. An eligible applicant for tuition assistance under Division II of this chapter shall complete an initial assessment administered by the community college receiving the application to determine the applicant's readiness to complete an eligible certificate program. The assessment shall include assessments for completion of a national career readiness certificate, including the areas of reading for information, applied mathematics, and locating information. An applicant must achieve at least a national bronze-level certificate defined as a minimum level 3 for reading, mathematics, and locating information in order to be approved for tuition assistance. An applicant shall complete any additional assessments and occupation research required by the gap tuition assistance program or an eligible certificate program, or both.

281—25.25(260I) Program interview. An eligible applicant for tuition assistance under Division II of this chapter shall meet with the gap tuition assistance coordinator for an eligible certificate program offered by the community college receiving the application. The gap tuition assistance coordinator shall discuss the relevant industry, any applicable occupation research, and any applicable training relating to the eligible certificate program. The discussion shall include an evaluation of the applicant's capabilities, needs, family situation, work history, education background, attitude and motivation, employment dates, support needs, and other requirements for an eligible certificate program.

281—25.26(260I) Participation requirements.

25.26(1) A participant in an eligible certificate program who receives tuition assistance pursuant to Division II of this chapter shall do all of the following:

a. Maintain regular contact with staff members for the certificate program to document the applicant's progress in the program.

b. Sign a release form to provide relevant information to community college faculty or case managers.

c. Discuss with staff members for the certificate program any issues that may impact the participant's ability to complete the certificate program, obtain employment, and maintain employment over a period of time.

d. Attend all required courses regularly.

e. Meet with staff members for the certificate program to develop a job search plan.

25.26(2) A community college may terminate tuition assistance for a participant who fails to meet the requirements of this rule. The participant may utilize the community college's local appeal process to contest termination from the program. The process to appeal a termination will be provided to a participant through the gap tuition assistance coordinator.

281—25.27(260I) Oversight. Statewide oversight, evaluation, and reporting efforts for the gap tuition assistance program are coordinated by the department.

25.27(1) A steering committee consisting of the Iowa department of education, the Iowa workforce development department, and community college continuing education deans and directors is established to determine if the performance measures of the gap tuition assistance program are being met and to correct any deficiencies. The steering committee shall meet at least quarterly to evaluate and monitor the performance of the gap tuition assistance program.

25.27(2) A common intake tracking system is established and shall be implemented consistently by each participating community college. The community colleges will work cooperatively in establishing the system, and the Iowa department of education will assist in gathering required reporting data elements.

25.27(3) The steering committee will develop the required program criteria for PACE and gap tuition assistance-certified programs to be eligible for tuition assistance and program funding. These criteria will be developed based on best practices in the development and delivery of career pathway programs that provide a clear sequence of education coursework and credentials aligned with regional workforce skill needs; clearly articulate from one level of instruction to the next; combine occupational skills and remedial adult education; lead to the attainment of a credential or degree; assist with job placement; and provide wraparound social and socioeconomic support services with the goal of increasing the individual's skills attainment and employment potential.

Item 6. Rescind and reserve rule 281—25.28(260I).

Item 7. Amend 281—Chapter 25, implementation sentence, as follows:

These rules are intended to implement 2011 2014 Iowa Code Supplement chapters 260H and 260I.