CHAPTER 8. CERTIFIED SCHOOL TO CAREER PROGRAMS AND GRANTS
IC 22-4.1-8
Chapter 8. Certified School to Career Programs and Grants
IC 22-4.1-8-1
"Certified program" defined
Sec. 1. As used in this chapter, "certified program" means aschool to career program approved by the department, in conjunctionwith the department of education, that is conducted under anagreement under this chapter and that:
(1) integrates a secondary school curriculum with private sectorjob training;
(2) places students in job internships; and
(3) is designed to continue into postsecondary education and toresult in teaching new skills, adding value to the wage earningpotential of participants and increasing their long termemployability in Indiana.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-2
"Approved postsecondary educational institution" defined
Sec. 2. As used in this chapter, "approved postsecondaryeducational institution" has the meaning set forth in IC 21-12-1-6(b).
As added by P.L.96-2004, SEC.25. Amended by P.L.2-2007,SEC.299.
IC 22-4.1-8-3
"Participant" defined
Sec. 3. As used in this chapter, "participant" means an individualwho:
(1) is at least sixteen (16) years of age and less than twenty-four(24) years of age;
(2) is enrolled in a public or private secondary school orpostsecondary educational institution; and
(3) participates in a certified program as part of the individual'ssecondary school or postsecondary educational institutioneducation.
As added by P.L.96-2004, SEC.25. Amended by P.L.2-2007,SEC.300.
IC 22-4.1-8-4
"Sponsor" defined
Sec. 4. As used in this chapter, "sponsor" means an individual, aperson, an association, a committee, an organization, or other entityoperating a certified program and in whose name the certifiedprogram is registered or approved.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-5
Duties of department of workforce development; applications;fees; rules Sec. 5. (a) The department shall do the following:
(1) Accept applications from entities interested in sponsoringcertified programs on forms prescribed by the department.
(2) Investigate each applicant to determine the suitability of theapplicant to sponsor a certified program.
(3) Impose an application fee in an amount sufficient to pay thecosts incurred in processing the application and investigatingthe applicant.
(b) The department may adopt rules under IC 4-22-2 to administerthis chapter.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-6
Duties of department of education
Sec. 6. (a) The department of education shall review thesecondary school curriculum component of each proposed certifiedprogram. The department may not approve a proposed certifiedprogram unless the department of education approves the applicant'sproposed secondary school curriculum.
(b) Upon the request of the department, the department ofeducation shall:
(1) consult with the department before the adoption of rulesunder section 5 of this chapter; and
(2) provide any other assistance to the department.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-7
Approval of programs
Sec. 7. The department may not approve a certified programunless the following requirements are met:
(1) The program must be conducted under a written planembodying the terms and conditions of employment, jobtraining, classroom instruction, and supervision of one (1) ormore participants, subscribed to by a sponsor who hasundertaken to carry out the certified program.
(2) The program must comply with all state and federal lawspertaining to the workplace.
(3) The certified program agreement must provide that thesponsor or an employer participating in the program incooperation with the sponsor agrees to assign an employee toserve as a mentor for a participant. The mentor's occupationmust be in the same career pathway as the career interests of theparticipant.
(4) The program must comply with any other requirementadopted by rule by the department.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-8
Written agreement required; required terms
Sec. 8. (a) A certified program must comply with the terms of a
written agreement among the sponsor, each participant, and eachcooperating employer. Except as provided in sections 9 and 10 ofthis chapter, each agreement must contain the following:
(1) The names and signatures of:
(A) the sponsor;
(B) the employer (if the employer is an entity other than thesponsor); and
(C) the participant and the participant's parent or guardian ifthe participant is a minor.
(2) A description of the career field in which the participant isto be trained and the beginning date and duration of thetraining.
(3) The employer's agreement to provide paid employment forthe participant at a base wage that may not be less than theminimum wage prescribed by the federal Fair Labor StandardsAct during the participant's junior and senior years in highschool.
(4) The employer's agreement to assign an employee to serve asa mentor for a participant. The mentor's occupation must be inthe same career pathway as the career interests of theparticipant.
(5) An agreement between the participant and employerconcerning specified minimum academic standards that must bemaintained throughout the participant's secondary education.
(6) The participant's agreement to work for the employer for atleast two (2) years following the completion of the participant'ssecondary education.
(b) An agreement described in subsection (a)(6) may be modifiedto defer the participant's employment with the employer until afterthe participant completes an appropriate amount of postsecondaryeducation as agreed to by the participant and the employer.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-9
Modification of agreements
Sec. 9. (a) If a participant's desired career pathway requirespostsecondary education, an agreement required under section 8 ofthis chapter may be modified to include the following:
(1) The employer's agreement to provide paid employment forthe participant at a base wage that may not be less than theminimum wage prescribed by the federal Fair Labor StandardsAct during the participant's postsecondary education.
(2) An agreement that, in addition to the base wage paid to theparticipant, the employer shall pay an additional sum to be heldin trust to be applied toward the participant's postsecondaryeducation.
(3) The participant's agreement to work for the employer for atleast two (2) years following the completion of the participant'spostsecondary education.
(b) The additional amount described in subsection (a)(2) must not
be less than an amount determined by the department to be sufficientto provide payment of tuition expenses toward completion of notmore than two (2) academic years at an approved postsecondaryeducational institution. The amount shall be held in trust for thebenefit of the participant under rules adopted by the department.Payment into a fund approved under the federal EmployeeRetirement Income Security Act of 1974 for the benefit of theparticipant satisfies this requirement. The approved fund must bespecified in the agreement.
As added by P.L.96-2004, SEC.25. Amended by P.L.2-2007,SEC.301.
IC 22-4.1-8-10
Modification of agreements after completion of secondaryeducation
Sec. 10. (a) If a participant enters a certified program followingthe completion of the participant's secondary education, anagreement required under section 8 of this chapter must be modifiedto include the following:
(1) The employer's agreement to provide paid employment forthe participant at a base wage that may not be less than theminimum wage prescribed by the federal Fair Labor StandardsAct during the participant's postsecondary education.
(2) An agreement that, in addition to the base wage paid to theparticipant, the employer shall pay an additional sum to beapplied toward the participant's postsecondary education. Thisamount may be paid directly to the participant's approvedpostsecondary educational institution on behalf of theparticipant.
(3) The participant's agreement to work for the employer for atleast two (2) years following the completion of the participant'spostsecondary education.
(b) The additional amount described in subsection (a)(2) must notbe less than an amount determined by the department to be sufficientto provide payment of tuition expenses toward completion of notmore than two (2) academic years at an approved postsecondaryeducational institution.
As added by P.L.96-2004, SEC.25. Amended by P.L.2-2007,SEC.302.
IC 22-4.1-8-11
Repayment of money if participant does not complete programbefore postsecondary education
Sec. 11. If a participant does not complete the certified programcontemplated by the agreement before entering a postsecondaryeducation program, the money being held in trust for the participant'spostsecondary education must be paid back to the employer.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-12 Repayment of money after participant begins postsecondaryeducation
Sec. 12. If a participant does not complete the certified programcontemplated by an agreement described in section 8, 9, or 10 of thischapter after entering a postsecondary education program, anyunexpended funds being held in trust for the participant'spostsecondary education must be paid back to the employer. Inaddition, the participant shall repay to the employer amounts paidfrom the trust that were expended on the participant's behalf for theparticipant's postsecondary education.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-13
Repayment of money if employment obligation not fulfilled
Sec. 13. If a participant does not complete the two (2) yearemployment obligation required under an agreement described insection 8, 9, or 10 of this chapter, the participant shall repay to theemployer the amount paid by the employer toward the participant'spostsecondary education expenses under this chapter.
As added by P.L.96-2004, SEC.25.
IC 22-4.1-8-14
Grants; adoption of rules
Sec. 14. (a) The department may issue a grant from the statetechnology advancement and retention account established byIC 4-12-12-1 to an employer (as defined in IC 22-8-1.1-1) in anamount determined by the department.
(b) A grant issued under this section is subject to approval by thebudget agency.
(c) The department shall adopt rules to implement this section.
As added by P.L.96-2004, SEC.25.