SPONSOR:

Rep. Smith;

Reps. Ewing, Gilligan, Hudson, Valihura

HOUSE OF REPRESENTATIVES

142nd GENERAL ASSEMBLY

HOUSE BILL NO. 117

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO STUDENT VOCATIONAL AND CAREER ENHANCEMENT.

WHEREAS, the General Assembly finds that students entering secondary schools in this State are able to advance their education in a general academic setting, a college preparatory setting, or a vocational education setting; and

WHEREAS, the General Assembly finds that not all students entering secondary schools in this State are best served by pursuing a college preparatory program; and

WHEREAS, it is the intent and purpose of the General Assembly to establish a method to assist these students and their parents in determining the best secondary education setting for the student to pursue; and

WHEREAS, it is further the intent and purpose of the General Assembly to establish a functional system of programs designed to improve the vocational and career opportunities available to all students attending secondary schools in this State and to assist these students in developing their individual career paths;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 14 of the Delaware Code by inserting a new chapter to read:

"Chapter 43. Student Vocational and Career Enhancement Act.

§ 4301. Short title.

This chapter shall be known and may be cited as the Student Vocational and Career Enhancement Act.

§ 4302. Vocational and Career Assessment Program.

    1. The Department shall establish and maintain the Vocational and Career Assessment Program (hereinafter the "Assessment Program") to assist students who expect to enter a secondary school in the State in determining an appropriate career path.

(b) The Assessment Program shall be designed to address whether the future educational needs of each participating student would best be served through pursuit of a secondary education in a general academic setting, a college preparatory setting, or a vocational education setting. The Assessment Program shall produce information regarding a student’s academic performance; academic and non-academic interests, abilities, and skills; and aspirations for the future.

§ 4303. Assessment Program administration; vocational and career analysis.

    1. A school shall administer the Assessment Program to all students in the seventh or eighth grades who reasonably expect to enter a secondary school in the State.
    2. Using the information obtained through the Assessment Program, a school shall prepare a vocational and career analysis for each student and his or her caretaker.
    3. Based on the vocational and career analysis, the school shall provide each student and caretaker with advisory assistance and counseling relating to the type of secondary educational setting that the school believes would best provide for the successful development of the student and the student’s career path. Decisions relating to the choice of a secondary educational setting for the student shall remain solely with the student’s caretaker.

§ 4304. Vocational and Career Development Program; Development Program Administrator; Development Program coordinators.

    1. The Department shall establish a Vocational and Career Development Program (hereinafter the "Development Program") to assist students attending the State’s secondary schools in successfully developing their respective career paths and shall designate the Department’s Director of Curriculum Development, or the director’s designee, as the Development Program Administrator.
    2. The Development Program Administrator shall:

    1. establish standards for entrance into, participation in, and termination from the Development Program that are consistent with this chapter;
    2. in collaboration with the Department of Labor and related business and trade organizations, establish academic and occupational-specific industry competency standards for each occupation-specific student apprenticeship, internship, or cooperative education initiative offered as part of the Development Program;
    3. consult with the county coordinators and school liaisons concerning the Development Program;
    4. certify students who successfully complete an apprenticeship, internship, or cooperative educational initiative as meeting the appropriate industry competency standards for entrance into the trade or profession the student has chosen; and
    5. maintain a record of certificates issued under this subsection.

    1. The superintendents of the New Castle County Vo-Tech School District, the Kent County Polytech School District, and the Sussex County Vo-Tech School District shall serve as the Development coordinators for their respective counties.

§ 4305. Development Program requirements; matriculation agreements.

(a) The Development Program shall:

    1. consist of a highly integrated system of student apprenticeships, internships, and cooperative education initiatives established by the Department through matriculation agreements with associations, corporations, partnerships, or other appropriate organizations located in, or organized under, the laws of this State;
    2. ensure that participating students are prepared to meet labor market standards and needs;
    3. ensure that participating students receive relevant and quality work experience during each year of their participation;
    4. require academic study and proficiency in core subjects during each year of a student’s participation;
    5. emphasize applied academics, team teaching, the integration of school-based and employment-based learning, and any other strategies required by the Department; and
    6. prepare a student to continue developing his or her career path either at a post-secondary educational institution or in the workforce in a position above entry level.

(b) A matriculation agreement must:

    1. set forth the Development Program requirements, including whether the agreement relates to a student apprenticeship, internship, or cooperative educational initiative;
    2. set forth the duties, rights, and obligations of each the Department, the employer, the student, and the school;
    3. set forth the amount of remuneration, if any, to the student by the employer; and
    4. bear the signature of the employer, the Development Program Administrator, the school’s Development Liaison, the student, and at least one of the student’s caretakers.

§ 4306. Student participation.

A student attending a secondary school in this State may participate in the Development Program if an apprenticeship, internship, or cooperative educational initiative is available and if the student meets the following criteria:

    1. The student has successfully completed grade 8 or its equivalent;
    2. The student continues to meet the competency standards established by the Department throughout the student’s participation in the Development Program; and
    3. The student has not been barred from participating in the Development Program for any reason.

§ 4307. Program coordination; Development Program Liaisons.

(a) Each secondary school in the State shall appoint an individual to act as a Development Program Liaison who shall:

    1. act as a liaison between the school, the county coordinators, and the Development Program Administrator;
    2. manage the school’s student apprenticeships, internships, and cooperative education initiatives;
    3. coordinate periodic performance assessments of participating students with each student’s employer; and
    4. assist each participating student in maintaining a student development portfolio which shall include:

    1. a log of work activities;
    2. the results of periodic performance assessments;
    3. a log of school and community related accomplishments;
    4. a section for the student to synthesize his or her work-based and school-based learning; and
    5. any other information the administrator or coordinator requires, provided the information is useful to the further development of the student’s career path.

(b) Each secondary school shall maintain, as part of a student’s school record, a record of high school graduation credits and mastery of skills that the student has acquired through participation in the Development Program.

§ 4308. Definitions.

As used in this chapter:

    1. ‘Apprenticeship’ means a job training or occupational preparation program in which an employer enters into a contract to provide instruction or skills training to a student in preparation of the student’s entry into a trade, craft, or business.
    2. ‘Career path’ means a coherent course of study that prepares an individual with the academic, SCANS, and career-specific skills needed for entry into a broad cluster of related occupations and/or for admission into a post-secondary educational institution.
    3. ‘Caretaker’ means the parent, guardian, or legal custodian of a student.
    4. ‘Cooperative educational initiative’ means any instructional or educational program in which an employer, who does not have an otherwise established apprenticeship or internship program, enters into a contract to provide job training or skills instruction to a student.
    5. ‘Industry competency standards’ mean performance criteria that:

    1. are developed jointly by the Department of Education, the Department of Labor, and business representatives;
    2. are adopted by the Department of Education; and
    3. define the skills and knowledge which are needed in the workplace;

    1. ‘Internship’ means an instructional or educational employment program in which an employer enters into a contract to provide job training or occupational instruction to a student and to provide the student with a supervisor who is experienced in the student’s field and who will supervise the student’s job performance.
    2. ‘Matriculation agreement’ means a written agreement setting forth the duties, rights and obligations of each party with respect to a student in the Development Program.
    3. ‘SCANS’ means the Secretary’s Commission on Achieving Necessary Skills, established by the United States Secretary of Labor in 1990 to define a common core of skills that constitute job readiness in the current economic environment.
    4. ‘Secondary school’ means a school in which a student can attend grades 9, 10, 11, and 12 or grades 10, 11, and 12."

Section 2. The Department shall study educational methods exhibited by the European system of apprenticeship training and educational development for use in implementing the Student Assessment and Development Programs created through this Act.

Section 3. This Act shall take effect six months following its enactment into law and all necessary rules, regulations, agreements, and programs necessary to implement this Act shall be put in place for use in the first full school year following the date this Act becomes effective.

Section 4. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SYNOPSIS

This Act creates two programs designed to enhance the vocational and career opportunities of students in Delaware. These programs are the Vocational and Career Assessment Program and the Vocational and Career Development Program.

The Assessment Program is designed to assist seventh and eighth grade students who are expecting to enter a secondary school in Delaware and their parent, guardian or custodian (hereinafter "caretaker") in determining how to best serve the students' future educational needs. Each school administering the Assessment Program is required to prepare a vocational and career analysis (based on the information provided by program) and is required to advise and counsel the student and caretaker regarding whether the student's needs would best be served by pursuing a secondary education in a general academic setting, a college preparatory setting, or a vocational education setting. The final decision rests with the student's caretaker.

The Development Program is designed to create a well integrated system of apprenticeships, internships, and cooperative education initiatives in the State and to assist students attending Delaware's secondary schools in developing a career path. These internships, apprenticeships, and cooperative education initiatives are established by contract and are designed (i) to integrate work-based and school-based learning, (ii) to ensure that a participating student receives relevant and quality work experience while achieving academic proficiency in core subjects, and (iii) to prepare the student to continue developing his or her career path either in a post-secondary educational institution or in the workforce in a position above entry level. The student's career path is the coherent course of study that the student pursues which is designed to impart upon the student those academic, SCANS, and career-specific skills needed for entry into a broad cluster of related occupations and/or for admission into a post-secondary educational institution.