§ 8770A Definitions.
(a) "Added cost to employers" means the actual increased costs incurred by employers when they assume the responsibility for career worksite training. Such increased costs must be specifically identified and may include such costs as those incurred for training supervision, maintaining training records, monitoring the progress of training and implementing performance standards, additional costs of production time allocated for training on the job, wage subsidies to trainees and similar functions essential to career worksite training programs.
(b) "Classroom instruction" means job-related instruction on or off the jobsite, the provision of which is normally outside of scheduled working hours and is neither in the course of production nor in the course of rendering a service. Classroom instruction can be used in coordination with on-site training so that the skills acquired both in the classroom and on the job are mutually reinforced in a manner that enhances the career education and the productivity of the trainee.
(c) "Covered costs of classroom instruction" means costs incurred in the provision of classroom instruction for both entry level and on-site training and may include specially identified costs incurred for instructors, classroom space and facilities, liability insurance, administrative support services and related costs. To the extent possible, funds allocated from this source shall be utilized in the provision of classroom training. Costs such as those for specialized equipment and materials not appropriately attributable to classroom training shall not be allowed.
(e) "Eligible applicant" means an applicant who may apply for funds that are made available to fund the purposes of this subchapter. Eligible applicants shall include, but not be limited to, local education agencies, employers, employee organizations, community-based organizations and other providers of training with demonstrated effectiveness, or any combination thereof. No party to a collective bargaining agreement shall be an eligible applicant unless all parties to the agreement apply in writing.
(f) "Entry level training" means instruction conducted in the classroom, worksite or any combination thereof which is short-term in nature and is either preparatory for employment or an integral part of employment in an entry classification in a particular occupation or industry.
(h) "On-site training" means the progressive development of skills associated with a defined set of work processes to be covered sequentially in the course of employment in an occupation, trade or industry and shall be consistent with a career pattern of advancement, as measured by skill proficiency and the progression of earnings and related benefits that is recognized within the occupation, trade or industry.
§ 8771A [Reserved]
§ 8772A Powers and duties.
(a) The Director shall carry out the provisions of this subchapter and adopt rules, regulations and guidelines as necessary to implement and administer the program and may enter into contracts with eligible applicants for the purpose of funding approved programs.
(b) In order to assure timely coordination and cooperation between the State, local training providers, employee organizations, employers and industry representatives, the Director shall appoint staff, employ consultants and incur such other administrative expenses as are necessary to carry out the provisions of this subchapter.
(c) The Director may contract with eligible applicants for amounts not in excess of $100,000 per contract; provided, however, that such contracts shall be used exclusively for programs which are consistent with this subchapter and, provided further, that the contract is made only after:
(1) Receipt of an application from the eligible applicant which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities and materials, a statement from a designated business or industry of the employment need for the program and evidence in support thereof, a statement of the technical assistance and financial support for the program received or to be received from business and industry, assurance that at least 25 percent of the trainees are Delaware residents and such other information as the Director shall request;
(2) The commitment of financial support from business or industry shall be equal to the amount of the requested contract, except that the Director may waive the requirement for such matching financial support upon finding that the program funded by the contract will materially increase the employment opportunities for targeted individuals and that the businesses or industries participating in the program have agreed to contribute personnel, facilities, equipment, supplies, stipends or other items of value to the program in an amount approved by the Director; and
(3) Binding commitment shall be made to the Director by the applicant for adequate reporting of information and data regarding the program, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for a periodic audit of the books of the applicant directly related to the program, and such control on the part of the Director as the Director shall consider prudent over the management of the program, so as to protect the use of public funds including, at the discretion of the Director and without limitation, right of access to financial and other records of the applicant directly related to the program.
§ 8773A Annual report.
The Director, in the annual report required by § 8716A(a) of this title shall include, but not be limited to, descriptions of all programs funded, an evaluation of the performance of each program, a summary of the public moneys expended and an analysis of the participants in the programs, to include a report on the number of minority and economically disadvantaged individuals.