§ 115D-5.1. Workforce Development Programs. - North Carolina Statutes

§ 115D‑5.1.  WorkforceDevelopment Programs.

(a)        Community collegesshall assist in the preemployment and in‑service training of employees inindustry, business, agriculture, health occupation and governmental agencies.Such training shall include instruction on worker safety and health standardsand practices applicable to the field of employment. The State Board ofCommunity Colleges shall make appropriate regulations including theestablishment of maximum hours of instruction which may be offered at Stateexpense in each in‑plant training program. No instructor or otheremployee of a community college shall engage in the normal management,supervisory and operational functions of the establishment in which theinstruction is offered during the hours in which the instructor or otheremployee is employed for instructional or educational purposes.

(b) through (d)  Repealed bySession Laws 2008‑107, s. 8.7(a), effective July 1, 2008.

(e)        There is createdwithin the North Carolina Community College System the Customized TrainingProgram. The Customized Training Program shall offer programs and trainingservices to assist new and existing business and industry to remain productive,profitable, and within the State. Before a business or industry qualifies toreceive assistance under the Customized Training Program, the President of theNorth Carolina Community College System shall determine that:

(1)        The business ismaking an appreciable capital investment;

(2)        The business isdeploying new technology;

(2a)      The business orindividual is creating jobs, expanding an existing workforce, or enhancing theproductivity and profitability of the operations within the State; and

(3)        The skills of theworkers will be enhanced by the assistance.

(f)         The State Boardshall report on an annual basis to the Joint Legislative Education OversightCommittee on:

(1)        The total amount offunds received by a company under the Customized Training Program;

(1a)      The types of servicessought by the company, whether for new, expanding, or existing industry.

(2)        The amount of fundsper trainee received by that company;

(3)        The amount of fundsreceived per trainee by the community college delivering the training;

(4)        The number oftrainees trained by the company and community college; and

(5)        The number of yearsthat company has been funded.

(f1)       Notwithstanding anyother provision of law, the State Board of Community Colleges may adoptguidelines that allow the Customized Training Program to use funds appropriatedfor those programs to support training projects for the various branches of theUnited States Armed Forces.

(f2)       Funds available tothe Customized Training Program shall not revert at the end of a fiscal yearbut shall remain available until expended. Up to ten percent (10%) of the college‑deliveredtraining expenditures and up to five percent (5%) of the contractor‑deliveredtraining expenditures for the prior fiscal year for Customized Training may beallotted to each college for capacity building at that college.

(f3)       Of the funds appropriatedin a fiscal year for the Customized Training Programs, the State Board ofCommunity Colleges may approve the use of up to eight percent (8%) for thetraining and support of regional community college personnel to deliverCustomized Training Program services to business and industry.

(g)        The State Boardshall adopt guidelines to implement this section. At least 20 days before theeffective date of any criteria or nontechnical amendments to guidelines, theState Board must publish the proposed guidelines on the Community CollegesSystem Office's web site and provide notice to persons who have requestednotice of proposed guidelines. In addition, the State Board must accept oraland written comments on the proposed guidelines during the 15 business daysbeginning on the first day that the State Board has completed thesenotifications. For the purpose of this subsection, a technical amendment iseither of the following:

(1)        An amendment thatcorrects a spelling or grammatical error.

(2)        An amendment thatmakes a clarification based on public comment and could have been anticipatedby the public notice that immediately preceded the public comment.  (2005‑276, s. 8.4(a),(b); 2005‑445, s. 3; 2008‑107, s. 8.7(a); 2009‑451, s.8.14(c); 2009‑523, s. 2(b); 2009‑570, s. 41.)