TITLE 19

Labor

Unemployment Compensation

CHAPTER 34. Counseling, Training and Placement Activities

§ 3401. Determination and collection of special assessment.

(a) In addition to all other payments to the State due under this title, each employer liable for assessments under Chapter 33 of this title shall also be liable for a special assessment on all taxable wages as defined in § 3302(19) of this title payable by each such employer. The special assessment shall be levied at the rate indicated below:

(1) .085% when the taxable wage base is $18,500;

(2) .095% when the taxable wage base is $16,500;

(3) .11% when the taxable wage base is $14,500;

(4) .126% when the taxable wage base is $12,500; and

(5) .15% when the taxable wage base is $10,500.

(b) The special assessment levied under this section shall not affect the computation of any other assessments due under this title.

64 Del. Laws, c. 460, §  965 Del. Laws, c. 45, §  571 Del. Laws, c. 147, §§  6-875 Del. Laws, c. 81, §§  1, 279 Del. Laws, c. 173, §  7

§ 3402. Disbursement of special assessment funds.

(a) All moneys collected under this chapter shall be deposited in the Special Administration Fund of the Department of Labor and shall be dedicated to the establishment and implementation of programs to provide for the counseling, training and placement of dislocated workers, to assist in school-to-work transition activities such as vocational guidance, training, placement and job development, to provide for industrial training, to provide for career advancement training for state employees and to pay the administrative costs of such programs.

(b) All moneys collected under this chapter shall, in a timely manner after deposit pursuant to subsection (a) of this section, be deposited to the following special funds in the following amounts and for the following purposes:

(1) Ten percent of the total amount collected retained by the Division of Unemployment Insurance for costs associated with the collection of the tax.

(2) a. Twenty-five percent of the funds that remain after the cost of collecting the tax has been deducted to a special fund of the State to be administered by the Division of Small Business to be awarded to appropriate subgrantees for industrial training for economic development in accordance with subchapter VIII of Chapter 87A of Title 29.

b. Of this 25 percent sum, not more than $100,000 shall be allocated for subgrants to fund career training for state employees. Appropriate regulations for the granting of these funds shall be developed by the Division of Small Business, in cooperation with the Secretary of the Department of Human Resources and a representative of a public employees’ union representing state employees.

c. Of this same 25 percent sum, no more than 10 percent may be retained by the Division of Small Business for the payment of administrative costs.

(3) a. Seventy-five percent of the funds remaining after the cost of collecting the tax has been deducted to a special fund to be administered by the Delaware Private Industry Council, Inc., to be awarded to appropriate subgrantees to provide for services to dislocated workers, to assist in school-to-work transition activities and to underwrite such other innovative training programs as the Council may approve, under regulations promulgated by the Council in coordination with the Department of Labor.

b. Of this same 75 percent sum, no more than 11 percent may be retained by the administrative entity (Delaware Division of Employment and Training and Delaware Private Industry Council, Inc.) for the payment of administrative costs. Of the sum that remains, no more than 1/2 may be used for subgrants for school-to-work transition activities.

(c) The special funds authorized by paragraphs (b)(1), (2) and (3) of this section shall be established pursuant to state accounting standards, and balances on deposit at the end of any fiscal year shall not revert.

64 Del. Laws, c. 460, §  967 Del. Laws, c. 448, §  169 Del. Laws, c. 458, §  175 Del. Laws, c. 88, §§  20(5), 25(1)81 Del. Laws, c. 49, § 1781 Del. Laws, c. 66, § 2181 Del. Laws, c. 374, § 46

§ 3403. Summer Youth Employment Program.

(a) There is hereby established within the Division of Employment and Training a State Summer Youth Employment Program. Youths chosen for work under the Delaware State Summer Youth Employment Program shall not be less than 14 years of age nor more than 20 years of age (except that work leaders may be 21 years of age) and shall be required to provide evidence of same before becoming eligible. All youths participating in the State-assisted program shall be required to present a letter from their parents or guardian indicating their consent to work. The letter shall also release the State and the sponsoring agency from any liability for assignments in the low-risk jobs that will be available.

(b) Preference shall be given to those youths that are members of households whose income does not exceed 200 percent of household poverty. Notwithstanding income limits provided for participation in the State Summer Youth Employment Program, consideration may be given to other applicants at a ratio of at least 8 applicants qualified on income to 3 applicants considered beyond the income limits.

(c) Any nonprofit or tax-exempt organization certified by the Department of Labor may be authorized to be a sponsoring agent for the State-assisted youth work program. Sponsoring agents shall be required to submit a plan or project that consists of meaningful and productive work experience. The plan or project shall provide such details as the Department shall deem necessary before becoming eligible as a sponsoring agent.

(d) The sponsoring agent shall provide 1 work leader for each 20 youths employed in the program to supervise and monitor the attendance and work performance of the youths selected for the program. Work leaders shall be paid the minimum wage and shall work no longer than 8 hours per day, 5 days per week.

73 Del. Laws, c. 308, §  1

§ 3404. Focus on Alternative Skills Training Program [Effective until Oct. 1, 2023].

(a) This section establishes the Focus on Alternative Skills Training Program (“FAST”) within the Division of Employment and Training. FAST provides tuition for an eligible individual for an approved nondegree credit certificate program that provides industry-accepted skill training and certification.

(b) An individual must provide proof of all of the following to be eligible for FAST:

(1) That the individual is a resident of Delaware.

(2) That the individual has attained any of the following:

a. A diploma from a Delaware public, charter, or nonpublic high school, or homeschool.

b. A Diploma of Alternate Achievement Standards under § 152 of Title 14.

c. A Delaware secondary credential.

(3) That the individual enrolled in an approved nondegree credit certificate program no later than 24 months after graduating from high school.

(4) If employed, a statement from the individual’s employer providing the amount of financial assistance the employer paid toward tuition for the nondegree credit certificate program.

(c) (1) The Workforce Development Board, or its successor, shall maintain a list of nondegree credit certificate programs approved for FAST. The list of nondegree credit certificate programs approved for FAST must be updated annually.

(2) The Workforce Development Board must include the following criteria in the decision to approve a nondegree credit certificate program for FAST:

a. The skill requirements of employers in the State, including the skill needs of an in-demand industry sector or occupation in the State.

b. The job-placement rate for graduates.

(d) A FAST payment under this section must be made as follows:

(1) The total amount of FAST payments for each eligible individual may not exceed $10,000.

(2) A FAST payment may not pay an individual’s tuition for longer than 12 months, but multiple tuition payments may be made on behalf of an individual.

(3) The FAST payment is equal to the difference between the full amount of tuition charged by the nondegree credit certificate program and any financial assistance the individual received.

(4) FAST payments must be paid on a first-come, first-served basis.

(5) The FAST program is subject to the availability of funds appropriated for this specific purpose. This subsection does not create a right or entitlement in an individual to receive a monetary payment under the compensation program.

(e) The Department of Labor may adopt policies and procedures to implement this section.

83 Del. Laws, c. 211, § 1

§ 3405. Elevate Delaware.

(a) For purposes of this section:

(1) “Auxiliary expenses” means basic living expenses or supplies necessary for the eligible program or employment upon completion of the eligible program.

(2) “Eligible employer” means a person who has under 51 employees and a physical location in Delaware.

(3) “Eligible program” means a noncredit certificate program approved under subsection (d) of this section for Elevate Delaware.

(b) (1) This section establishes Elevate Delaware within the Division of Employment and Training. Elevate Delaware provides tuition for an eligible individual to attend an approved noncredit certificate program that provides industry-accepted skill training and certification.

(2) Elevate Delaware is intended to do all of the following:

a. Preserve jobs for Delaware residents and small businesses.

b. Assist Delaware residents who need skills for promotion or to obtain higher paid employment.

c. Assist small businesses in Delaware who need employees that have obtained certification for specific skills.

(3) The Department of Labor may recoup the amount of Elevate Delaware payments made on behalf of an individual if an individual or employer acts in bad faith when providing the proof for eligibility under subsection (c) of this section.

(c) An individual must provide proof of all of the following to be eligible for Elevate Delaware:

(1) The individual is employed by a person who employs under 51 employees.

(2) The individual has been accepted for enrollment in an eligible program.

(3) a. At the time of enrollment, the individual is subject to Delaware income tax, either as a resident of Delaware or an employee of an eligible employer.

b. If an individual is not a Delaware resident and is eligible as an employee of an eligible employer, both of the following:

1. A statement from the individual’s employer that the employer intends to retain the individual as an employee for at least 1 year following the individual’s completion of the eligible program.

2. A statement from the individual that the individual intends to work in Delaware for at least 1 year following the individual’s completion of the eligible program.

(4) A statement that provides the amount of financial assistance, if any, the individual will receive towards attending the eligible program, from all of the following:

a. The individual’s employer.

b. The eligible program.

(d) (1) The Workforce Development Board, or its successor, shall maintain a list of noncredit certificate programs approved as eligible programs for Elevate Delaware.

a. The Workforce Development Board may utilize the Eligible Training Provider List for all, or part, of the certificate programs approved as eligible programs.

b. The list of eligible programs must be updated annually.

(2) The Workforce Development Board must consider all of the following when deciding which noncredit certificate programs are eligible or priorities for Elevate Delaware:

a. The skill requirements of employers in the State, including the skill needs of an in-demand industry sector or occupation in the State,

b. That Elevate Delaware supports individuals and employers throughout the State, based upon the population of each county.

(e) (1) Elevate Delaware may make a tuition payment to an eligible program, on behalf of an eligible individual, of not more than $10,000.

(2) The Elevate Delaware tuition payment cannot exceed the difference between the full amount of tuition charged by the eligible program and any financial assistance the individual received.

(f) (1) The Department of Labor may provide Elevate Delaware payments to individuals for whom an Elevate Delaware tuition payment is made, to assist with auxiliary expenses while the individual attends the eligible program and for no more than 90 days following completion of the eligible program.

(2) The amount that an individual receives for auxiliary expenses may not exceed the difference between the amount of the tuition payment that the individual receives and the maximum reimbursement amount under paragraph (e)(1) of this section.

(g) (1) Elevate Delaware payments must be paid on a first-come, first-served basis to eligible individuals based upon the priorities established by the Workforce Development Board.

(2) Elevate Delaware is subject to the availability of funds appropriated for this specific purpose.

(3) This section does not create a right or entitlement in an individual to receive a payment under this section.

(h) The Department of Labor may adopt policies and procedures to implement this section.

83 Del. Laws, c. 244, § 1