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COMMITTEE ON EDUCATION YOUTH AND CULTURE




                            BILL NO.               28-0012

        Twenty-Eighth Legislature of the Virgin Islands




                                      March 3, 2009



     An Act amending title 17 Virgin Islands Code, chapter 5 to provide for the Worker
     Preparation Educational Program for high school seniors




     PROPOSED BY:               Senator Terrence “Positive” Nelson
                                Co-Sponsors: Adlah “Foncie” Donastorg, Jr.
                                and Patrick Simeon Sprauve


1           WHEREAS, preparation of high school students to enter the world of work has been

2    neglected; and

3           WHEREAS, high school preparation has been skewed in favor of the “college

4    bound” graduate; and

5           WHEREAS, most high schools in the Territory have some semblance of a college

6    preparatory curriculum; and

7           WHEREAS, there exists no comprehensive worker preparation course in the

8    curricula; and

9           WHEREAS, high schools have failed to make sufficient provisions for that segment

10   of our high school graduates who are not college or military bound; and
2

 1           WHEREAS, high school students wishing to enter the workforce after graduation are

 2   ill prepared to do so; and

 3           WHEREAS, students lack sufficient knowledge of labor matters, such as of the

 4   collective bargaining process, the requirements of the National Labor Relations Act,

 5   employment discrimination and unemployment benefits and other employee benefits, rights

 6   and protections; and

 7           WHEREAS, notwithstanding the employment-related programs currently offered in

 8   the high schools, too many of our high school graduates who opt to enter the workforce are

 9   far from prepared to meet the needs of employers for even entry level jobs; and

10           WHEREAS, the United States Chamber of Commerce, Center for Workforce

11   Preparation conducted a study entitled, “The Equipped for the Future Work Readiness

12   Credential” (June 2006), in which it reported that four categories of skills are needed for

13   entry level jobs: (1) Communication skills; (2) Interpersonal skills; (3) decision-making

14   skills; and (4) lifelong learning skills; and

15           WHEREAS, educational programs that develop communication, interpersonal,

16   decision making and lifelong learning skills are needed to teach the skills needed for our high

17   school graduates’ success in the job market; and

18           WHEREAS, the Virgin Islands Department of Education’s Office of Testing and

19   Planning, Research and Evaluation revealed that 230 students graduated from St. Croix

20   Educational Complex in 2006, and of those graduates, 102 entered the job market; and

21           WHEREAS, the Legislature finds and declares that the development and

22   implementation of worker preparation educational programs to develop the skills sought in

23   the job market and provide students with a comprehensive overview of laws and issues

24   affecting the workplace are essential to the success of young people entering the workforce

25   and to the general welfare of the citizens of the Virgin Islands; and
3

 1          WHEREAS, the Legislature finds and declares that an affirmative effort to provide

 2   high school graduates with greater opportunities for success in the workforce within the

 3   Virgin Islands is important to the welfare and security of this Territory and nation and,

 4   consequently, is an important public service; and

 5          WHEREAS, the Legislature further finds and declares that worker preparation

 6   educational programs in the Territory’s high schools will have, a major impact on the Virgin

 7   Islands in meeting the socially and economically desirable goals of educating young people

 8   to become successful and productive members of the workforce in this Territory; Now,

 9   Therefore,

10   Be it enacted by the Legislature of the Virgin Islands:

11          SECTION 1. Title 17 Virgin Islands Code, chapter 5 is amended by adding section

12   41c to read as follows:

13          “§41c (a)      This section may be cited as “The Worker Preparation Educational

14   Program Act”.

15          (b)      As used in this section

16                   (1)    “Commissioner” means the Commissioner of the Department of

17          Education.

18                   (2)    “Cooperative education” means a structured method of instruction in

19          work–related matters, including federal and local labor laws, designed for high school

20          seniors to increase their knowledge of work and employment matters, develop and

21          augment communication interpersonal, decision-making and lifelong learning skills

22          needed for success in the job market and to provide learning experiences in employer-

23          employee relations, team work, customer service, and work assignment

24          responsibilities, as an integral part of the of the Labor Relations Worker Preparation

25          components Worker Preparation Course under subsections (d) and (e).
4

 1                    (3)     “Workforce preparation” means activities that are designed to prepare

 2             high school graduates for entry into the job market, including classroom exposure to

 3             core concepts in labor relations as well as more practical cooperative education

 4             arrangements administered as part of the component of the Labor Relations and the

 5             Worker Preparation components of the Worker Preparation Course established in

 6             subsections (d) and (e).

 7             (c)    Except as provided in subsection (h), the Commissioner shall establish and

 8   offer a semester-long, intensive course in worker preparation at participating high schools for

 9   students in the final semester of their senior year who do not intend to enter a post-secondary

10   institution for at least one year after graduation from high school. The worker preparation

11   course must combine instruction in core principles of labor relations with the practical,

12   general job related skills.

13             (d)    The Labor Relations component is taught for the first, nine-week marking

14   period and a Worker Preparation component is taught for the second, nine-week marking

15   period.

16             (e)    The Labor Relations Component consists of a classroom-lecture format and

17   includes without limitation the following subject matters:

18                    (1)     The history of labor unions and the history of collective bargaining;

19             nationally as well as in the Virgin Islands;

20                    (2)     Workers rights; and responsibilities;

21                    (3)     An overview of the National Labor Relations Act; The Fair Labor

22             Standards Act and the Virgin Islands labor statutes;

23                    (4)     Classes     of   employment     discrimination,   including   sex,   age

24             discrimination, sexual harassment in the workplace, and all other classes of

25             employment discrimination;
5

1                  (5)     Employee benefits, including retirement, workers compensation,

2           health insurance, unemployment insurance, sick leave, family leave;

3                  (6)     Work hours, including over-time pay rules;

4                  (7)     Occupational Safety and Health (OSHA) issues;

5                  (8)     The problems of working people and their relations with employers

6           and co-workers;

7                  (9)     Termination of employment; wrongful discharge; and

 8                 (10)    Such other subjects as the Commission determines appropriate.

 9          (e)    The Worker Preparation component of the course includes without limitation

10   the following cooperative education and worker preparation activities:

11                 (1)     Communication skills, including learning how to speak so others can

12          understand, listening actively, reading with understanding and observing critically;

13                 (2)     Interpersonal skills to include cooperating with others, learning

14          teamwork strategies, resolving conflicts and negotiating;

15                 (3)     Decision-making skills, including learning to identify and analyze

16          problems, evaluate solutions and problem solving;

17                 (4)     Lifelong learning skills, including developing clear thinking, self study

18          and independent learning and using information and communication technology, time

19          management;

20                 (5)     Developing a strong work ethic, competence and punctuality;

21                 (6)     Effective writing skills including English grammar and composition;

22                 (7)     Cover letter and resume writing;

23                 (8)     Use of the Public Employment Agency and Job Service and the

24          Government Personnel Office;

25
6

 1                  (9)     Job interviewing skills, including pre-interview preparation, proper

 2          dress, speech, mannerisms and overall demeanor; and

 3                  (10)    Cooperative education arrangements whereby students attend field

 4          trips to real job settings in both the government and private sectors and other venues

 5          to and interact with employers and employees on relevant worker preparation topics

 6          and issues, have roundtable discussions with employers, employment recruiters and

 7          job counselors issues discussed during class and perform such other activities as may

 8          be assigned in class.

 9          (f)     To be eligible for the program a student must be a senior who upon graduation

10   intends to enter the work force, who has applied for the program on forms provided by the

11   Department of Education and meets such other criteria as the Commissioner determines.

12          (g)     The Commissioner shall make arrangements with private-sector and

13   government employers, job counselors, relevant governmental and private agencies and other

14   persons and organizations to assist the Worker Preparation Educational Program in carrying

15   out the purpose of this section.

16          (h)     This section does not apply to high schools in the territory which are primarily

17   college preparatory or academic schools. However, the Commissioner may develop a course

18   for these schools as determined appropriate for their particular situation.”

19          SECTION 2. Title 32 Virgin Islands Code, chapter 21, Article XI, section 517,

20   subsection (c) is amended in the first sentence after “education” by inserting “Work

21   Preparation Educational Program two” (2%) percent.”

22          SECTION 3. This Act takes effect January 15, 2010.

23                                         BILL SUMMARY

24          Section 1 amends the education code to establish the Worker Preparation Educational

25   Program. The program is offered to seniors in high school during their last semester and
7

1    provides instruction in work-related matters.    Such matters includes the history of the

2    National Labor Relations Act and collective bargaining, employee rights, responsibilities and

3    benefits, and the development of language interpersonal and life-long skills needed to

4    maneuver within the job market and the workplace.

5           Section 2 amends the Virgin Islands Casino and Resort Control Act. It provides for

6    an appropriation to the program from the Casino Revenue Fund established in 32 V.I.C.,

 7   §517. Section 2 grants 2% of the funds deposited in the Casino Revenue Fund to the Worker

 8   Preparation Educational Program.

 9

10   BR09-0154/February 4, 2009/YLT

11

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28 0012 Worker Pre. Ed. Pgrm ( Sen. Nelson)

  • 1. COMMITTEE ON EDUCATION YOUTH AND CULTURE BILL NO. 28-0012 Twenty-Eighth Legislature of the Virgin Islands March 3, 2009 An Act amending title 17 Virgin Islands Code, chapter 5 to provide for the Worker Preparation Educational Program for high school seniors PROPOSED BY: Senator Terrence “Positive” Nelson Co-Sponsors: Adlah “Foncie” Donastorg, Jr. and Patrick Simeon Sprauve 1 WHEREAS, preparation of high school students to enter the world of work has been 2 neglected; and 3 WHEREAS, high school preparation has been skewed in favor of the “college 4 bound” graduate; and 5 WHEREAS, most high schools in the Territory have some semblance of a college 6 preparatory curriculum; and 7 WHEREAS, there exists no comprehensive worker preparation course in the 8 curricula; and 9 WHEREAS, high schools have failed to make sufficient provisions for that segment 10 of our high school graduates who are not college or military bound; and
  • 2. 2 1 WHEREAS, high school students wishing to enter the workforce after graduation are 2 ill prepared to do so; and 3 WHEREAS, students lack sufficient knowledge of labor matters, such as of the 4 collective bargaining process, the requirements of the National Labor Relations Act, 5 employment discrimination and unemployment benefits and other employee benefits, rights 6 and protections; and 7 WHEREAS, notwithstanding the employment-related programs currently offered in 8 the high schools, too many of our high school graduates who opt to enter the workforce are 9 far from prepared to meet the needs of employers for even entry level jobs; and 10 WHEREAS, the United States Chamber of Commerce, Center for Workforce 11 Preparation conducted a study entitled, “The Equipped for the Future Work Readiness 12 Credential” (June 2006), in which it reported that four categories of skills are needed for 13 entry level jobs: (1) Communication skills; (2) Interpersonal skills; (3) decision-making 14 skills; and (4) lifelong learning skills; and 15 WHEREAS, educational programs that develop communication, interpersonal, 16 decision making and lifelong learning skills are needed to teach the skills needed for our high 17 school graduates’ success in the job market; and 18 WHEREAS, the Virgin Islands Department of Education’s Office of Testing and 19 Planning, Research and Evaluation revealed that 230 students graduated from St. Croix 20 Educational Complex in 2006, and of those graduates, 102 entered the job market; and 21 WHEREAS, the Legislature finds and declares that the development and 22 implementation of worker preparation educational programs to develop the skills sought in 23 the job market and provide students with a comprehensive overview of laws and issues 24 affecting the workplace are essential to the success of young people entering the workforce 25 and to the general welfare of the citizens of the Virgin Islands; and
  • 3. 3 1 WHEREAS, the Legislature finds and declares that an affirmative effort to provide 2 high school graduates with greater opportunities for success in the workforce within the 3 Virgin Islands is important to the welfare and security of this Territory and nation and, 4 consequently, is an important public service; and 5 WHEREAS, the Legislature further finds and declares that worker preparation 6 educational programs in the Territory’s high schools will have, a major impact on the Virgin 7 Islands in meeting the socially and economically desirable goals of educating young people 8 to become successful and productive members of the workforce in this Territory; Now, 9 Therefore, 10 Be it enacted by the Legislature of the Virgin Islands: 11 SECTION 1. Title 17 Virgin Islands Code, chapter 5 is amended by adding section 12 41c to read as follows: 13 “§41c (a) This section may be cited as “The Worker Preparation Educational 14 Program Act”. 15 (b) As used in this section 16 (1) “Commissioner” means the Commissioner of the Department of 17 Education. 18 (2) “Cooperative education” means a structured method of instruction in 19 work–related matters, including federal and local labor laws, designed for high school 20 seniors to increase their knowledge of work and employment matters, develop and 21 augment communication interpersonal, decision-making and lifelong learning skills 22 needed for success in the job market and to provide learning experiences in employer- 23 employee relations, team work, customer service, and work assignment 24 responsibilities, as an integral part of the of the Labor Relations Worker Preparation 25 components Worker Preparation Course under subsections (d) and (e).
  • 4. 4 1 (3) “Workforce preparation” means activities that are designed to prepare 2 high school graduates for entry into the job market, including classroom exposure to 3 core concepts in labor relations as well as more practical cooperative education 4 arrangements administered as part of the component of the Labor Relations and the 5 Worker Preparation components of the Worker Preparation Course established in 6 subsections (d) and (e). 7 (c) Except as provided in subsection (h), the Commissioner shall establish and 8 offer a semester-long, intensive course in worker preparation at participating high schools for 9 students in the final semester of their senior year who do not intend to enter a post-secondary 10 institution for at least one year after graduation from high school. The worker preparation 11 course must combine instruction in core principles of labor relations with the practical, 12 general job related skills. 13 (d) The Labor Relations component is taught for the first, nine-week marking 14 period and a Worker Preparation component is taught for the second, nine-week marking 15 period. 16 (e) The Labor Relations Component consists of a classroom-lecture format and 17 includes without limitation the following subject matters: 18 (1) The history of labor unions and the history of collective bargaining; 19 nationally as well as in the Virgin Islands; 20 (2) Workers rights; and responsibilities; 21 (3) An overview of the National Labor Relations Act; The Fair Labor 22 Standards Act and the Virgin Islands labor statutes; 23 (4) Classes of employment discrimination, including sex, age 24 discrimination, sexual harassment in the workplace, and all other classes of 25 employment discrimination;
  • 5. 5 1 (5) Employee benefits, including retirement, workers compensation, 2 health insurance, unemployment insurance, sick leave, family leave; 3 (6) Work hours, including over-time pay rules; 4 (7) Occupational Safety and Health (OSHA) issues; 5 (8) The problems of working people and their relations with employers 6 and co-workers; 7 (9) Termination of employment; wrongful discharge; and 8 (10) Such other subjects as the Commission determines appropriate. 9 (e) The Worker Preparation component of the course includes without limitation 10 the following cooperative education and worker preparation activities: 11 (1) Communication skills, including learning how to speak so others can 12 understand, listening actively, reading with understanding and observing critically; 13 (2) Interpersonal skills to include cooperating with others, learning 14 teamwork strategies, resolving conflicts and negotiating; 15 (3) Decision-making skills, including learning to identify and analyze 16 problems, evaluate solutions and problem solving; 17 (4) Lifelong learning skills, including developing clear thinking, self study 18 and independent learning and using information and communication technology, time 19 management; 20 (5) Developing a strong work ethic, competence and punctuality; 21 (6) Effective writing skills including English grammar and composition; 22 (7) Cover letter and resume writing; 23 (8) Use of the Public Employment Agency and Job Service and the 24 Government Personnel Office; 25
  • 6. 6 1 (9) Job interviewing skills, including pre-interview preparation, proper 2 dress, speech, mannerisms and overall demeanor; and 3 (10) Cooperative education arrangements whereby students attend field 4 trips to real job settings in both the government and private sectors and other venues 5 to and interact with employers and employees on relevant worker preparation topics 6 and issues, have roundtable discussions with employers, employment recruiters and 7 job counselors issues discussed during class and perform such other activities as may 8 be assigned in class. 9 (f) To be eligible for the program a student must be a senior who upon graduation 10 intends to enter the work force, who has applied for the program on forms provided by the 11 Department of Education and meets such other criteria as the Commissioner determines. 12 (g) The Commissioner shall make arrangements with private-sector and 13 government employers, job counselors, relevant governmental and private agencies and other 14 persons and organizations to assist the Worker Preparation Educational Program in carrying 15 out the purpose of this section. 16 (h) This section does not apply to high schools in the territory which are primarily 17 college preparatory or academic schools. However, the Commissioner may develop a course 18 for these schools as determined appropriate for their particular situation.” 19 SECTION 2. Title 32 Virgin Islands Code, chapter 21, Article XI, section 517, 20 subsection (c) is amended in the first sentence after “education” by inserting “Work 21 Preparation Educational Program two” (2%) percent.” 22 SECTION 3. This Act takes effect January 15, 2010. 23 BILL SUMMARY 24 Section 1 amends the education code to establish the Worker Preparation Educational 25 Program. The program is offered to seniors in high school during their last semester and
  • 7. 7 1 provides instruction in work-related matters. Such matters includes the history of the 2 National Labor Relations Act and collective bargaining, employee rights, responsibilities and 3 benefits, and the development of language interpersonal and life-long skills needed to 4 maneuver within the job market and the workplace. 5 Section 2 amends the Virgin Islands Casino and Resort Control Act. It provides for 6 an appropriation to the program from the Casino Revenue Fund established in 32 V.I.C., 7 §517. Section 2 grants 2% of the funds deposited in the Casino Revenue Fund to the Worker 8 Preparation Educational Program. 9 10 BR09-0154/February 4, 2009/YLT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25