2013 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 4.1. DEPARTMENT OF WORKFORCE DEVELOPMENT
CHAPTER 8. CERTIFIED SCHOOL TO CAREER PROGRAMS AND GRANTS
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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 a
school to career program approved by the department, in conjunction
with the department of education, that is conducted under an
agreement under this chapter and that:
(1) integrates a secondary school curriculum with private sector
job training;
(2) places students in job internships; and
(3) is designed to continue into postsecondary education and to
result in teaching new skills, adding value to the wage earning
potential of participants and increasing their long term
employability 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 postsecondary
educational 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 individual
who:
(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 or
postsecondary educational institution; and
(3) participates in a certified program as part of the individual's
secondary school or postsecondary educational institution
education.
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, a
person, an association, a committee, an organization, or other entity
operating a certified program and in whose name the certified
program 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 sponsoring
certified programs on forms prescribed by the department.
(2) Investigate each applicant to determine the suitability of the
applicant to sponsor a certified program.
(3) Impose an application fee in an amount sufficient to pay the
costs incurred in processing the application and investigating
the applicant.
(b) The department may adopt rules under IC 4-22-2 to administer
this 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 the
secondary school curriculum component of each proposed certified
program. The department may not approve a proposed certified
program unless the department of education approves the applicant's
proposed secondary school curriculum.
(b) Upon the request of the department, the department of
education shall:
(1) consult with the department before the adoption of rules
under 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 program
unless the following requirements are met:
(1) The program must be conducted under a written plan
embodying the terms and conditions of employment, job
training, classroom instruction, and supervision of one (1) or
more participants, subscribed to by a sponsor who has
undertaken to carry out the certified program.
(2) The program must comply with all state and federal laws
pertaining to the workplace.
(3) The certified program agreement must provide that the
sponsor or an employer participating in the program in
cooperation with the sponsor agrees to assign an employee to
serve as a mentor for a participant. The mentor's occupation
must be in the same career pathway as the career interests of the
participant.
(4) The program must comply with any other requirement
adopted 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 each
cooperating employer. Except as provided in sections 9 and 10 of
this 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 the
sponsor); and
(C) the participant and the participant's parent or guardian if
the participant is a minor.
(2) A description of the career field in which the participant is
to be trained and the beginning date and duration of the
training.
(3) The employer's agreement to provide paid employment for
the participant at a base wage that may not be less than the
minimum wage prescribed by the federal Fair Labor Standards
Act during the participant's junior and senior years in high
school.
(4) The employer's agreement to assign an employee to serve as
a mentor for a participant. The mentor's occupation must be in
the same career pathway as the career interests of the
participant.
(5) An agreement between the participant and employer
concerning specified minimum academic standards that must be
maintained throughout the participant's secondary education.
(6) The participant's agreement to work for the employer for at
least two (2) years following the completion of the participant's
secondary education.
(b) An agreement described in subsection (a)(6) may be modified
to defer the participant's employment with the employer until after
the participant completes an appropriate amount of postsecondary
education 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 requires
postsecondary education, an agreement required under section 8 of
this chapter may be modified to include the following:
(1) The employer's agreement to provide paid employment for
the participant at a base wage that may not be less than the
minimum wage prescribed by the federal Fair Labor Standards
Act during the participant's postsecondary education.
(2) An agreement that, in addition to the base wage paid to the
participant, the employer shall pay an additional sum to be held
in trust to be applied toward the participant's postsecondary
education.
(3) The participant's agreement to work for the employer for at
least two (2) years following the completion of the participant's
postsecondary education.
(b) The additional amount described in subsection (a)(2) must not
be less than an amount determined by the department to be sufficient
to provide payment of tuition expenses toward completion of not
more than two (2) academic years at an approved postsecondary
educational institution. The amount shall be held in trust for the
benefit of the participant under rules adopted by the department.
Payment into a fund approved under the federal Employee
Retirement Income Security Act of 1974 for the benefit of the
participant satisfies this requirement. The approved fund must be
specified 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 secondary
education
Sec. 10. (a) If a participant enters a certified program following
the completion of the participant's secondary education, an
agreement required under section 8 of this chapter must be modified
to include the following:
(1) The employer's agreement to provide paid employment for
the participant at a base wage that may not be less than the
minimum wage prescribed by the federal Fair Labor Standards
Act during the participant's postsecondary education.
(2) An agreement that, in addition to the base wage paid to the
participant, the employer shall pay an additional sum to be
applied toward the participant's postsecondary education. This
amount may be paid directly to the participant's approved
postsecondary educational institution on behalf of the
participant.
(3) The participant's agreement to work for the employer for at
least two (2) years following the completion of the participant's
postsecondary education.
(b) The additional amount described in subsection (a)(2) must not
be less than an amount determined by the department to be sufficient
to provide payment of tuition expenses toward completion of not
more than two (2) academic years at an approved postsecondary
educational 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 program
before postsecondary education
Sec. 11. If a participant does not complete the certified program
contemplated by the agreement before entering a postsecondary
education program, the money being held in trust for the participant's
postsecondary 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 postsecondary
education
Sec. 12. If a participant does not complete the certified program
contemplated by an agreement described in section 8, 9, or 10 of this
chapter after entering a postsecondary education program, any
unexpended funds being held in trust for the participant's
postsecondary education must be paid back to the employer. In
addition, the participant shall repay to the employer amounts paid
from the trust that were expended on the participant's behalf for the
participant'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) year
employment obligation required under an agreement described in
section 8, 9, or 10 of this chapter, the participant shall repay to the
employer the amount paid by the employer toward the participant's
postsecondary 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 state
technology advancement and retention account established by
IC 4-12-12-1 to an employer (as defined in IC 22-8-1.1-1) in an
amount determined by the department.
(b) A grant issued under this section is subject to approval by the
budget agency.
(c) The department shall adopt rules to implement this section.
As added by P.L.96-2004, SEC.25.
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