Current through Vol. 24-24, January 15, 2025
Section R. 395.244 - Career and technical education program criteriaRule 14.
(1) Instruction shall meet the following criteria: (a) It is organized and operated under the direction of the department, intermediate school district, or a local educational agency responsible for expenditure of public education agency funds for career and technical education in the state or community.(b) The teachers are appropriately certified and are employed as public school teachers under the conditions generally applicable to the employment of other public school teachers employed by the department, intermediate school district, or local educational agency responsible for career and technical education.(2) Instruction under contract shall meet the following criteria:(a) Whenever any portion of the career and technical education program is being administered by a public or nonpublic agency or institution other than the department, intermediate school district, or local educational agency pursuant to an arrangement made with it by the department, intermediate school district, or local educational agency, there shall be a written agreement between the parties of such agreement. The agreement shall describe the portion of the career and technical education program to be administered by the agency or institution and incorporate those standards and requirements in these rules and prescribed by the department which are applicable to the portion. The agreement shall be reviewed annually by the parties concerned.(b) All written agreements shall include an assurance that federal, state, and local funds allocated to an agency or institution shall be used only to cover those additional costs which are necessary to administer that portion of the career and technical education program which the parties have agreed would be administered by an agency or institution, or to lower the rate of or eliminate tuition, fees, and other charges collected from persons benefiting from the portion of the program or both; and that federal, state, and local funds shall not be used to cover those costs which would otherwise be covered by the institution's own resources, thereby diverting those resources to other purposes.(c) The department, intermediate school district, or local educational agency may not enter into any agreement with an agency or institution which collects tuition, fees, and other charges, and which is able to cover with its own resources substantially all the necessary costs of administering that portion of the career and technical education program which the department, intermediate school district, or local educational agency desires to have carried out by an agency or institution, unless the agency or institution agrees to use federal, state, and local funds allocated to it to cover the cost of reducing the rate or eliminating tuition, fees, and other charges collected from those benefiting from such portion.(3) Instruction shall prepare students for occupations that lead to high skill, high wage and high demand careers and prepare students for postsecondary education. These occupations shall be identified by the department based on available employment and workforce data.(4) Instruction shall meet all of the following:(a) Contain a coherent and complete sequence of instruction, as determined by the department for the United States department of education classification of instruction (CIP) code area.(b) Be part of a high school program of study that includes a post high school component.(c) Teach content standards approved by the state board of education.(d) Use required assessments.(e) Contain criteria for state-approved career and technical education programs under subrule (9) of this rule.(5) Reimbursement for instruction costs shall comply with Part 4 of these rules.(6) Access to career and technical education instruction shall comply with the pupil accounting rules pursuant to R 340.1 to R 340.18. (a) All individuals residing in the state who are available and qualified to receive instruction will have access to programs being offered. If it is not economically or administratively feasible to provide each type of program in all areas and communities served by a local educational agency, individuals residing in an area served by 1 local educational agency will be permitted to enroll, in accordance with policies and procedures established by the department or by the local educational agencies involved, in a program of instruction offered by another local educational agency so long as the local educational agency serving the area in which the individual resides does not offer a reasonably comparable type of program, the student is otherwise available and qualified to receive such instruction, and facilities are reasonably available for additional enrollees in the program offered by the receiving local educational agency.(b) Access to career and technical education instruction offered within the area served by the department or local educational agency shall be provided to the extent that facilities are available so that each type of program of career and technical education instruction offered by the department will be made available to all individuals residing in the state, and each program of instruction offered by a local educational agency will be made available to all individuals residing in the district or community served by the local educational agency offering such instruction, if such individual is otherwise available and qualified to receive such instruction in accordance with the standards and requirements of the state plan. The fact that an individual resides in a certain attendance area within such district or community shall not preclude his access to a program of instruction available to other individuals residing in other attendance areas within the district or community, if access to a reasonably comparable program is not otherwise available to him. If a school district is the local educational agency offering career and technical education instruction, it must agree in writing to accept nonresident individuals if such career and technical education instruction is not available to such pupils and if such school has facilities available.(7) Students shall be admitted for enrollment in career and technical education programs and be provided career and technical education instruction for each type of occupation or occupational field on the basis of the individual being qualified and the facilities being reasonably available.(8) The criteria for continued state approval or development of a new state-approved career and technical education program shall include, but is not limited to, all of the following:(a) Teacher certification. A career and technical education teacher shall comply with the teacher certification code pursuant to R 390.1101 or R 390.1216.(b) Professional development.(d) Use of advisory committees.(g) Implementation of program standards and course content.(i) Elimination of barriers to access.(k) Accuracy of program and student data.(l) Alignment of programs of study to postsecondary education.(m) Opportunities for student leadership activities.(n) Administration of the required assessments.(9) Related career and technical education instruction may be appropriate for students prior to participation in an apprenticeship program. The term "apprentice" means a worker who is learning a recognized apprenticeable occupation in accordance with a written apprentice training agreement between the apprentice and an individual employer or group of employers which either provides for or makes reference to a document which provides for a given length of planned work experience through employment on the job, supplemented by appropriate related instruction, and other recognized standards and requirements of apprenticeship. Apprenticeship program oversight is provided by the United States department of labor.(10) Less-than-class-size programs are work based learning experiences that are contracted through a business or industry. These programs provide additional options for students to receive a career and technical education program using a business as the instructional site. Less-than-class-size programs shall comply with R 340.16.(11) Guidelines for facilities, equipment, and materials shall be determined by the department based on instructional safety and enrollment needs.(12) The program of instruction shall be conducted by qualified teachers meeting certification requirements.(13) When the activities of career and technical student organizations complement the career and technical education instruction offered, such activities shall be conducted by persons who are qualified as career and technical education teachers in the respective career and technical fields within the state or school personnel supervised by qualified career and technical education teachers.(14) A local school district shall comply with work-based learning experience requirements under R 340.16 when placing students into paid (capstone), unpaid, in-district, or less-than-class-size work-based learning experiences. Students who participate in these work-based learning experiences may generate added cost funding and may be counted in membership if the requirements are met.Mich. Admin. Code R. 395.244