DEPARTMENT OF EDUCATION

Office of the Secretary

FINAL

REGULATORY IMPLEMENTING ORDER

525 Requirements for Career and Technical Education Programs

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

Pursuant to 14 Del. C. §122(b), the Secretary of Education seeks the consent of the State Board of Education to amend 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs. This regulation is being amended to align with the current FY2019-2023 Workforce Innovation and Opportunities Act (WIOA) Combined State Plan which includes the state plan for the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V").

Notice of the proposed regulation was published in the Delaware Register of Regulations on July 1, 2021. In addition, notice was published in The News Journal and the Delaware State News on July 1, 2021, in the form hereto attached as Exhibit "A". No comments were received.

II. FINDINGS OF FACTS

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs in order to align with the current FY2019-2023 Workforce Innovation and Opportunities Act (WIOA) Combined State Plan which includes the state plan for the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V").

III. DECISION TO AMEND THE REGULATION

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.

IV. TEXT AND CITATION

The text of 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 525 Requirements for Career and Technical Education Programs in the Administrative Code of Regulations for the Department of Education.

V. EFFECTIVE DATE OF ORDER

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on August 19, 2021. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.

IT IS SO ORDERED the 19th day of August 2021.

Department of Education

Susan S. Bunting, Ed.D., Secretary of Education

Approved this 19th day of August 2021

State Board of Education

*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d).

525 Requirements for Career and Technical Education Programs

All Career and Technical Education Programs (CTE) shall meet the provisions of Delaware's State Plan for Career and Technical Education and meet the provisions of the content standards approved by the Department of Education.

2.1 Meet the requirements within the state plan for the Carl D. Perkins Career and Technical Education Act of 2006.

2.2 Have the approval of the Department of Education before implementing new CTE courses and or pathways.

2.2.1 The determination for the minimum number of credits for a pathway shall be based on the content standards as approved under 14 DE Admin. Code 501.

2.3 Adequately fund, support and sustain the instructional program.

2.4 Ensure all teachers are certified in the Career and Technical Education Program areas in which they teach.

2.5 Ensure that all teachers meet the Delaware Department of Education (DE DOE) Skilled and Technical Science Standards for the specific career area in which they teach.

2.5.1 Such standards may include, but are not limited to, holding a state professional license in the area to be taught; holding an industry recognized certification of technical competence or journeyperson status in the specific career area; or additional work experience.

2.6 Where appropriate and applicable, ensure that all teachers meet certification requirements for administering the end of Pathway Assessment in the specific career area in which they teach.

2.7 Make provisions for meeting the unique needs of all students.

2.8 Establish and maintain an active CTE advisory committee which includes labor and management personnel to assist in the development and operation of the program.

2.9 Use Department of Labor market projections to determine the need for new and continuing Career and Technical Education Programs.

2.10 Assess occupational needs and the availability of placement and employment opportunities for program completers with input from the local CTE advisory committee.

2.11 Use the information derived from the Student Success Plan (SSP) portfolio to determine student occupational interests, needs and educational program.

2.12 Organize and financially support Career and Technical Student Organizations as integral components of Career and Technical Education Programs in public schools that complement and enrich instruction. The following career and technical student organizations are affiliated in Delaware:

2.12.1 Business Professionals of America (BPA)

2.12.2 Technology Student Association (TSA)

2.12.3 DECA, an association of marketing students

2.12.4 Family, Career and Community Leaders of America (FCCLA)

2.12.5 The National FFA Organization

2.12.6 Skills USA

2.12.7 The Delaware Career Association (DCA)

2.12.8 Health Occupations Students of America (HOSA)

2.13 Integrate related academic content into individual career and technical education courses, and guide students through a course selection process that supports the necessary academic preparation required by the student's career path and educational goals as documented in the student’s SSP.

2.14 For an approved skilled and technical sciences education pathway, beginning with the 2011-12 school year, courses shall be scheduled for a minimum of two full consecutive periods each day or the equivalent block-scheduled period of no less than 90 minutes each day the course is scheduled, according to the following schedule:

2.14.1 Nine (9) Credit Pathway – a minimum of six (6) of the pathway course credits shall meet the minimum of two full consecutive periods each day or the equivalent block-scheduled period of no less than 90 minutes each day the course is scheduled.

2.14.2 Six (6) Credit Pathway – a minimum of four (4) of the pathway course credits shall meet the minimum of two full consecutive periods each day or the equivalent block-scheduled period of no less than 90 minutes each day the course is scheduled; or

2.14.3 Four (4) Credit Pathway – a minimum of two (2) of the pathway course credits shall meet the minimum of two full consecutive periods each day or the equivalent block-scheduled period of no less than 90 minutes each day the course is scheduled; or

2.14.4 Three (3) Credit Pathway – a minimum of two (2) of the pathway course credits shall meet the minimum of two full consecutive periods each day or the equivalent block-scheduled period of no less than 90 minutes each day the course is scheduled.

2.15 Establish no rules practices or regulations that interfere with, prohibit or otherwise prevent students from having the opportunity to learn about, enroll in and complete a Career and Technical Education Program in a career and technical school district.

2.16 Use equipment and facilities comparable to that used by local business and industry for which the Career and Technical Education Program is preparing students.

2.17 Schedule Department of Education and Delaware Advisory Council on Career and Technical Education Program review and monitoring visits upon request.

2.18 Report CTE program data as required by the Delaware Department of Education.

3.1 Cooperative Education Programs provide senior Career and Technical Education Program students with coordinated on the job training not ordinarily available in the classroom. During the student's senior year, or under unique circumstances as approved by the Department of Education, employers may provide this on the job training in occupations directly related to the Career and Technical Education Program in which the student is enrolled. For the purpose of granting credit during the school year two hours of Cooperative Education Work Experience shall equal one hour of instructional time. In a summer Cooperative Education Work Experience Program one half unit of credit shall be granted and shall be counted toward the units of credit necessary for graduation.

3.2 In order to qualify for Career and Technical Education funding units the Career and Technical Education Program Teacher or Career Guidance Counselor shall be provided with a full class period, each day, for every fifteen (15) students enrolled in the Cooperative Education Work Experience Program in order to make at least quarterly visits to the student's place of employment to ensure coordination between the classroom and the on the job experience.

3.3 In order to qualify for career and technical education funding units the school shall have on file, for each student; a training agreement that includes training objectives and is signed by a parent, guardian or Relative Caregiver, the employer, the student and a representative of the district or charter school. A State Work Permit for Minors in accordance with State Department of Labor regulations shall also be on file.

3.4 Students whose education is guided by an Individualized Education Program (IEP), or a Section 504 or ADA accommodation plan, may participate in Cooperative Education programs without senior year status if approved by the IEP or multidisciplinary team responsible for the plan in consultation with the Career and Technical Education Teacher Coordinator.

3.5 In order to qualify for career and technical education funding units the students shall:

3.5.1 Possess minimum occupational competencies specified by the Career and Technical Education Teacher Coordinator before being placed in cooperative employment;

3.5.2 Be in their senior year or otherwise approved pursuant to 3.4;

3.5.3 Be in a Cooperative Education Work Experience Program that relates directly to the student's current or completed Career and Technical Education pathway;

3.5.4 Meet the requirements of 3.1 through 3.4; and

3.5.5 Be supervised through on site visits by an assigned Career and Technical Education Program Teacher Coordinator or Career Guidance Counselor.

4.1 Diversified Occupations Programs provide students with coordinated on the job training not ordinarily available in the classroom. During the student's junior or senior year or under unique circumstances as approved by the Department of Education, employers provide this on the job training. For the purpose of granting credit during the school year, two hours of work experience in a Diversified Occupations Work Experience Program shall equal one hour of instructional time. In a summer Diversified Occupations Work Experience Program one half unit of credit shall be granted and that credit shall be counted toward the units of credit necessary for graduation.

4.2 In order to qualify for career and technical education funding units a Career Technical Education Program Teacher or Career Guidance Counselor shall be provided with a full class period, each day, for every fifteen (15) students enrolled in the Diversified Occupations Work Experience Program in order to make at least quarterly on site visits to the student's place of employment to ensure coordination between the classroom and the on the job experience.

4.3 In order to qualify for career and technical education funding units the school shall have on file, for each student; a training agreement that includes training objectives and is signed by a parent, guardian or Relative Caregiver, the employer, the student and a representative of the district or charter school. A State Work Permit for Minors in accordance with State Department of Labor regulations shall also be on file.

4.4 Students whose education is guided by an Individualized Education Program (IEP), or a Section 504 or ADA accommodation plan, may participate in Diversified Occupations programs without junior or senior year status if approved by the IEP or multidisciplinary team responsible for the plan in consultation with the Career and Technical Education Teacher Coordinator.

4.5 In order to qualify for career and technical education funding units the students shall possess minimum readiness competencies as specified by the Career Technical Education Program Teacher Coordinator before being placed in a Diversified Occupations Work Experience Program employment situation, meet the requirements of 4.1 through 4.4 and be actively enrolled in a Diversified Occupations Work Experience Program that meets for at least one class period per week.

525 Requirements for Career and Technical Education Programs of Study

The purpose of this regulation is to guide Local Education Agencies in establishing Career and Technical Education programs of study that are aligned to industry needs and provide equitable access, supports and outcomes for students in grades 5 to 12.

For purposes of this regulation, the following definitions apply unless the context in which they are used clearly indicates otherwise:

"Articulated Credit" means postsecondary credit, clock hours, or credit for prior learning experience awarded by a postsecondary institution as defined in an articulation agreement or memorandum of understanding which exists between the postsecondary institution and the Department of Education or local education agency.

"Career and Technical Education" or "CTE" means an organized set of educational activities that provide students with rigorous academic content, relevant technical knowledge and skills, and leadership development or provide students with the opportunity to participate in work-based learning and to earn a recognized postsecondary credential as well as advanced postsecondary credit or standing.

"Career and Technical Student Organization" or "CTSO" means a youth organization lead by students who are enrolled in a CTE program of study that provides CTE and leadership development activities as an integral part of the instructional program, including Delaware recognized CTSOs such as Business Professionals of America (BPA); Technology Student Association (TSA); DECA; Family, Career and Community Leaders of America (FCCLA); National FFA Organization; Skills USA; and Health Occupations Students of America (HOSA).

"Combined Delaware State Plan" means the Delaware State Plan under the Workforce Innovation and Opportunity Act of 2014 ("WIOA" or Public Law 113-128), which includes the state plan for the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V" or Public Law 115-224) to promote an aligned career pathways system that spans the administration of federal and state education and workforce development activities.

"CTE guidance" means guidance published by the Department of Education related to CTE, for example, policies and procedures for CTE programs of study, fiscal and accountability models, work-based learning, and CTSOs.

"CTE program of study" means a coordinated, non-duplicative sequence of academic and technical content that spans the middle grades, high school, and postsecondary education levels and seamlessly aligns academic and technical instruction to meet the prerequisite expectations of employers, has multiple entry and exit points, and culminates in the attainment of an industry recognized credential or postsecondary degree.

"Department" means the Delaware Department of Education.

"Dual Enrollment and Credit" means the simultaneous enrollment of youth in both a high school and a postsecondary institution and the award of credit at both the high school and postsecondary levels.

"Equitable access, supports and outcomes" means that every student, inclusive of their race, gender, ethnicity, language, disability, sexual orientation, family background or family income has access to the educational resources, rigor, and varied support that they need, at the right moment, to achieve their postsecondary education and career goals.

"ESSA" means the Every Student Succeeds Act (Public Law 114-95) to provide all children with the significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

"Industry Recognized Credential" means an advanced certificate or license that holds value at the professional level, postsecondary level, in a Registered Apprenticeship program, or in an Associate or Baccalaureate degree program.

"Local Education Agency" or "LEA" means a traditional school district, vocational-technical school district, or Charter School, legally constituted and established under Delaware law for either administrative control or the direction of public elementary or secondary schools.

"Postsecondary" means education, training, or career experiences that occur after high school.

"Pre-Apprenticeship Program" means a program or set of strategies designed to prepare individuals to enter and succeed in a Registered Apprenticeship program and also provides advance standing in a Registered Apprenticeship program for up to three years after successful completion.

"Program Advisory Committee" means a diverse body of stakeholders including, but not limited to, representatives of: LEA CTE programs, postsecondary CTE programs, business and industry, parents and caregivers, students, and special populations as defined in Perkins V.

"Registered Apprenticeship program" means an employer-driven education and training model that combines compensated employment, on-the-job training, and related technical instruction, which culminates in a nationally recognized industry credential or journeyperson certificate.

"Perkins V" means the Strengthening Career and Technical Education for the 21st Century Act of 2019 ("Perkins V" or Public Law 115-224) which develops more fully the academic knowledge and technical and employability skills of secondary and postsecondary education students who are enrolled in CTE programs of study.

"Student Success Plan" means a written plan developed by youth to establish and evaluate progress towards postsecondary education and career goals based on the individual's career interests. The Student Success Plan typically spans 8th grade through one year beyond high school.

"WIOA" means the Workforce Innovation and Opportunity Act of 2014 ("WIOA" or Public Law 113-128) which strengthens the United States workforce development system through innovation and the alignment and improvement of employment, training, and education programs to promote individual and national economic growth.

"Work-Based Learning" means a progressive approach to link education and employment through student, school, and employer partnerships which occur through career awareness, career exploration, and career immersion experiences.

"Youth Registered Apprenticeship program" means a Registered Apprenticeship program occurring in high school.

3.1 CTE programs of study must be established in accordance with requirements outlined in the Combined Delaware State Plan and be approved via CTE guidance established by the Department.

3.2 CTE programs of study must meet the criteria in subsections 3.2.1 through 3.2.13 of this regulation, and shall:

3.2.1 Align with current or real-time labor market information or projected labor market demands as evidenced by data, which is reflective of the state, regional, and local economies;

3.2.2 Be developed by the Department or an LEA in conjunction with relevant stakeholder groups, including postsecondary institutions, employers, and other industry, community, family, caregiver, and student partners;

3.2.3 Integrate academic, technical, and employability skills to inform curriculum and assessment as well as culturally responsive instructional strategies;

3.2.4 Support opportunities for discovery and development of student identity and assets;

3.2.5 Provide opportunities to earn early postsecondary credit through articulated credit, pre-apprenticeship and Registered Apprenticeship programs, or dual enrollment and credit experiences;

3.2.6 Create intentional paths to accelerate the completion of a postsecondary credential or degree and align to credit for prior learning policy at the postsecondary level;

3.2.7 Provide opportunities to earn an industry recognized credential, where relevant and appropriate;

3.2.8 Provide opportunities to engage in work-based learning with industry professionals through career awareness, career exploration, and career immersion activities that occur during the school day or through an alternative schedule;

3.2.9 Provide differentiated instruction and support services through a multi-tiered system of supports to meet the needs of every student and provide equitable access, supports, and outcomes;

3.2.10 Connect and extend in-school learning opportunities with out-of-school learning to create opportunities for youth to engage in the community and with employers beyond the CTE program of study;

3.2.11 Provide CTSOs as co-curricular opportunities to support career development experiences as well as to demonstrate and refine technical knowledge and skills, and exhibit leadership;

3.2.12 Provide opportunities for in-person, virtual, or hybrid instruction to accommodate the needs of every learner; and

3.2.13 Be reviewed and revised, at minimum, every five years, to reflect shifts in the labor market, new industry standards or practices, and demonstrated student needs.

4.1 LEAs offering CTE programs of study must meet the requirements outlined in the Combined Delaware State Plan and follow the CTE guidance established by the Department.

4.2 LEAs offering CTE programs of study must meet the criteria in subsections 4.2.1 through 4.2.4 of this regulation, and shall:

4.2.1 Leverage quantitative and qualitative data to allocate human and fiscal resources and to provide equitable access, supports and outcomes for youth, and shall:

4.2.1.1 Support every student's access, participation, achievement, and completion of a high quality CTE program of study in accordance with Section 3.0 of this regulation;

4.2.1.2 Implement a system of student advisement and coaching that supports the development of student identity and enrollment in an aligned CTE program of study to help youth to achieve their postsecondary and career goals that are defined in the Student Success Plan and to meet the requirements of 14 DE Admin. Code 507;

4.2.1.3 Implement procedures to determine when a student requires evidence-based interventions within a multi-tiered system of supports to meet the requirements of 14 DE Admin. Code 508;

4.2.1.4 Collect and submit federal and state student and accountability data, as required under the Combined Delaware State Plan and ESSA, and as requested by the Department; and

4.2.1.5 Establish communication and engagement routines with postsecondary institutions, employers, community, caregivers, and student partners in order to promote and improve CTE program of study quality, and to improve equitable outcomes for students.

4.2.2 Establish CTE programs of study that meet the requirements in Section 3.0 of this regulation, and shall:

4.2.2.1 Analyze local policies and procedures, ESSA and Perkins student enrollment, achievement, and placement data by special population and subgroup to identify inequities and to implement research-based strategies that close opportunity gaps;

4.2.2.2 Create and manage articulated credit agreements, pre-apprenticeship and Registered Apprenticeship models, dual enrollment and credit opportunities, or other opportunities that lead to the completion of an industry recognized credential or degree program or credit for prior learning at the postsecondary level;

4.2.2.3 Create and manage opportunities for students to earn an industry recognized credential;

4.2.2.4 Expand and manage opportunities for students to engage with industry and community professionals through work-based learning and related career awareness, career exploration, and career immersion activities;

4.2.2.5 Establish program advisory committees to ensure CTE programs of study are aligned with real-time labor market information or projected labor market demands as evidenced by data that is reflective of the state, regional, and local economies;

4.2.2.6 Ensure CTE programs of study facilities, equipment, and supplies are fully accessible and in compliance with federal, state, and local health and safety requirements and are comparable to those used by business and industry; and

4.2.2.7 Ensure CTSOs are co-curricular and enroll youth to provide additional skill and leadership development opportunities.

4.2.3 Ensure that CTE educators hold an appropriate Delaware license and certification in alignment with the CTE program of study and in accordance with the Delaware regulation for educator licensure and certification to meet the requirements of 14 DE Admin. Code 1500, and to participate in high quality and on-going professional learning that creates equitable learning environments, including those opportunities offered through the Department; and

4.2.4 Designate federal and state CTE funds to implement, support, and maintain CTE programs of study.

5.1 Work-based learning opportunities must be established in accordance with requirements outlined in the Combined Delaware State Plan and follow the CTE guidance established by the Department.

5.2 CTE programs of study must meet the criteria in subsections 5.2.1 through 5.2.13 of this regulation, and LEAs shall:

5.2.1 Analyze local policies and procedures, ESSA and Perkins student enrollment, achievement, and placement data by special population and subgroup to identify work-based learning inequities and implement research-based strategies that close opportunity gaps;

5.2.2 Offer career awareness and exploration activities that expand the student's knowledge of career opportunities and support the exploration of careers that are non-traditional based on student identity;

5.2.3 Offer career immersion experiences that result in the award of high school credit and include both in-school experiences and other types of hands-on learning through direct employer engagement;

5.2.4 Ensure students enrolled in work-based learning career immersion experiences are rising seniors or current seniors that have completed a CTE program of study or are currently enrolled in the CTE program of study completer course;

5.2.5 Ensure work-based learning career immersion experiences align with the student's CTE program of study and postsecondary education and career goals as defined in the Student Success Plan to meet the requirements for 14 DE Admin. Code 507;

5.2.6 Support work-based learning career immersion experiences for students whose education is guided by an Individualized Education Program (IEP) or a Section 504 or ADA accommodation plan and aligned with the student's career goals as approved in the IEP or by the multidisciplinary team and is implemented in consultation with the CTE program of study educator;

5.2.7 Ensure work-based learning students are prepared for the career immersion placements, as defined in the Delaware work-based learning standards and the prerequisite expectations of employer partners;

5.2.8 Ensure the safety and intended learning outcomes of the student are coordinated and managed by the LEA in conjunction with the partnering employer and communicated with the family or caregiver;

5.2.9 Provide a certified CTE educator or trained work-based learning coordinator with the equivalent of one full working day each academic quarter to make quarterly virtual or in-person visits to the career immersion student employee's worksite for every fifteen (15) students enrolled in a work-based learning career immersion experience;

5.2.10 Ensure that student career immersion experiences conform with federal, state, and local laws and regulations, and ensure that youth are compensated fairly, and are not paid a wage at a rate less than the rate at which a student employee of a varying gender, race or ethnicity or special population in the same establishment is paid for equal work, or for which requires equal skill, effort and responsibility, or which is performed under similar working conditions;

5.2.11 Maintain copies of all required documentation required by federal, state, and local labor laws and regulations for work-based learning career immersion experiences;

5.2.12 Award high school credit and credit for prior learning for work-based learning career immersion experiences; and

5.2.13 Collect and submit student work-based learning data as required under the Combined Delaware State Plan and ESSA, and as requested by the Department.