For access to the full text of ALL BRIEFS, visit the NCRVE Office of Student Services.

Career Guidance and Counseling: Recent Legislation

Office of Special Populations' Brief
Volume 6, Number 3 (January, 1995)

by Esmeralda S. Cunanan and Carolyn Maddy-Bernstein

There is no part of life where the need for guidance is more empathic than in transition from school to work--the choice of a vocation, adequate preparation for it, and the attainment of efficiency and success. The building of a career is quite as difficult a problem as the building of a house, yet few ever sit down with pencil and paper, with expert information and counsel, to plan a working career and deal with the life problem scientifically, as they would deal with the problem of building a house, taking the advice of an architect to help them (Parsons, 1909, p. 4).

At the beginning of the century, Parsons emphasized the importance of helping young people transition from school to work. After more than eight decades, half of the nation's student population is still beset with circumstances that limit their prospects for a good life (The William T. Grant Foundation Commission on Work, Family, and Citizenship, 1988). Calls to do more on their behalf mount. To a great extent, career guidance and counseling is envisioned as an important component in preparing students for the world of work. The Carl D. Perkins Vocational and Applied Technology Education Act of 1990 and the School-To-Work Opportunities Act (STWOA) of 1994 chronicle the significance of career guidance and counseling in reforming education.

Both the Perkins Act and STWOA are designed to respond to the critical need to prepare our young people for the world of work and to make our workforce more competitive in the global economy. Broader and more encompassing in scope than the Perkins Act, the purpose of the STWOA is to establish school-to-work systems that bring together partnerships of educators, employers, and businesses to build high quality school-to-work programs. It is designed to provide all students-not just students in vocational technical education programs-the opportunity for work-based learning experiences. The Perkins Act sets the direction for state and local agencies as they develop vocational and applied technology education programs to equip youth and adults with the academic and technical skills needed in today's and tomorrow's labor market. Both laws include explicit career guidance and counseling provisions which are considered crucial to their successful implementation.

While Title III, Part C provisions for career guidance and counseling authorized in the 1990 Perkins Act have never been funded, the presence of the language in the legislation has tended to guide national thinking and practice. There are also many career guidance and counseling activities in funded sections of the legislation that are required or recommended. Thus, the legislation must not be taken lightly.

This BRIEF highlights career guidance and counseling provisions contained in the Perkins Act and the STWOA. It provides a discussion of these provisions in both laws pertaining to the following areas: definition, targeted population, activities and services, programs, and professional development. A table of the career guidance and counseling provisions in both federal laws is presented.

Definition

While the term "career guidance and counseling" is defined in much the same way in both the STWOA and Perkins Act, the STWOA expands the Perkins definition by emphasizing the need for programs designed to promote equity and fairness in career choice. The actual language stresses programs "that aid students to develop career options with attention to surmounting gender, race, ethnic, disability, language, or socioeconomic impediments to career options and encouraging careers in nontraditional employment." [Sec.4(4)(C)].

Target Populations

The 1990 Perkins Act clearly stipulates that states must make career and guidance counseling programs be equally accessible to students from special populations (Sec.118-required) and address the career development, vocational education and employment needs of vocational education students and potential students (Sec. 322-not funded). While the Perkins Act contains provisions requiring "full participation" of students who are members of special populations, the STWOA legislation stresses that "all students" must be served. By STWOA definition, "all" includes members of special populations as defined by the Perkins Act.

Programs, Services, and Activities

The STWOA legislation encourages states to employ various approaches in developing and implementing school-to-work opportunities programs. At the core of this statute are three components: school-based learning, work-based learning, and connecting activities. Activities listed under the school-based learning component include:

Unlike the Perkins Act, the STWOA stipulates when students (by grade levels) are to be exposed to career awareness and counseling, and select a career major. Understandably, strong school-to-work systems will have a comprehensive career and guidance counseling program built in. Under the Perkins Act, specific national, state, local, and special programs are to include provisions on career guidance and counseling. Both laws call for professionally licensed and trained counselors to administer career guidance and counseling.

Professional Development

Although the importance of professional development activities for counseling personnel is stressed in the STWOA and Perkins Act, sources of funding for such activities are not required but interspersed throughout the funded provisions of both acts. For counselors to effectively provide the nation's diverse student population with comprehensive career exploration and planning for life after graduation, a systematic plan of staff development activities and technical assistance is essential.

The STWO and Perkins Acts promote counselor involvement and commitment to assist all students to reach their full potential and become productive citizens of the nation. The explicit career guidance and counseling language in both laws signifies the power of career guidance and counseling in making the connection between school and the world of work.

Career Guidance and Counseling Provisions Contained in the Perkins Act of 1990 and STWOA of 1994


(Cited provisions are either quoted from the laws or paraphrased.)

Area: Definition

Perkins Act of 1990
Section 521(5). The term "career guidance and counseling" means programs--
(a) which pertain to the body of subject matter and related techniques and methods organized for the development in individuals of career awareness, career planning, career decision making, placement skills, and knowledge and understanding of local, State, and national, occupational, educational, and labor market needs, trends, and opportunities; and
(b) which assist such individuals in making and implementing informed educational and occupational choices.

STWOA of 1994
Section 4(4)(A) and (B). The term "career quidance and counseling" has the same definition as in the Perkins Act. In addition, the term means programs--
(C) that aid students to develop career options with attention to surmounting gender, race, ethnic, disability, language, or socioeconomic impediments to career options and encouraging careers in nontraditional employment.
Section 4(5). Defines the term "career major" as a coherent sequence of courses or field of study. Under this section, (A) to (F) provides a discussion of career major.

Area: Target Populations

Perkins Act of 1990
Section 118(a). States . . . shall provide assurances that--
(2) students from special populations will be provided with equal access to full range of vocational education programs, . . . including occupationally specific courses of study, cooperative education, apprenticeship programs, and, to the extent practicable, comprehensive career guidance and counseling services.
Section 322. Grant funds under Part C--Comprehensive Career Guidance and Counseling Programs--may be used for programs such as--
(a) career guidance and counseling programs (organized and administered by certified counselors) to meet the career development, vocational education, and employment needs of vocational education students and potential students.
(b) programs of career guidance and counseling that shall encourage the elimination of sex, age, handicapping condition, and race bias and stereotyping, . . . and be accessible to all segments of the population, including women, minorities, the handicapped, and the economically disadvantaged.

STWOA of 1994
Section 3(a). The purpose of this Act are--
(1) to establish a national framework within which all States can create statewide School-to-Work Opportunities systems that (C) offer opportunities for all students to participate in a performance-based education and training program that will (i) enable students to earn portable credentials; (ii) prepare students for first jobs in high-wage careers; and (iii) increase their opportunities for further education.
(12) to expose students to a broad array of career opportunities, and facilitate the selection of career majors, based on individual interests, goals, strengths, and abilities.
Section 4(2). The term "all students" means both male and female students from a broad range of backgrounds and circumstances, including disadvantaged students, students with diverse racial, ethnic, or cultural backgrounds, American Indians, Alaska Natives, Native Hawaiians, students with disabilities, students with limited English proficiency, migrant children, school dropouts, and academically talented students.

Area: Services and Activities

Perkins Act of 1990
Section 117(b). Local program improvement plans shall describe how to identify/modify programs, including--
(1) a description of vocational education and career development strategies designed to achieve progress in improving effectiveness of the program conducted with assistance under this Act.
Section 118(c). Each eligible recipient shall--
(4) provide guidance and counseling, and career development activities conducted by professionally trained counselors and teachers who are associated with the provisions of such special services.
(5) provide counseling and instructional services designed to facilitate the transition from school to post-school employment and career opportunities.
Section 366(a). Each recipient shall employ a parent/community coordinator to provide for the active participation of parents . . . by--
(5)(E) establishing a Council of Advisors with representation from guidance counselors who are [Section 367(b)(2)] full-time certified or licensed to assist, enhance, and monitor student progress.
Section 413(a). Demonstration centers for the retraining of dislocated workers may provide assessment and counseling services to this group.

STWOA of 1994
Section 102. The school-based learning component of a School-to-Work Opportunities Program shall include--
(1) career awareness and career exploration and counseling (beginning at the earliest possible age, but not later than the 7th grade) to help students identify and select or reconsider, their interests, goals, and career majors, including those options that may not be traditional for their gender, race, or ethnicity.
(2) initial selection by interested students of a career major not later than the beginning of the 11th grade.
Section 215(c). In carrying out the statewide School-to-Work Opportunities System, the State may also--
(10) design career awareness and exploration activities such as job shadowing, job site visits, school visits by individuals in various occupations, and mentoring.
(15) provide career exploration and awareness services, counseling and mentoring services, college awareness and preparation services, and other services to prepare students for the transition from school to work.

Area: Programs

Perkins Act of 1990
Section 221. Programs for Single Parents, Displaced Homemakers, and Single Pregnant Women
(a) Each State shall use funds under section 102(a)(2)(A) only to--
(1) provide, subsidize, reimburse, or pay preparatory services, including career guidance and counseling services, in preparation for vocational education and training that will furnish these groups with marketable skills.
(5) inform single parents, displaced homemakers, and single pregnant women of vocational education programs, related support services, and career counseling.
Section 222. Sex Equity Programs
(a) States shall use funds for--
(1) programs, services, comprehensive career guidance and counseling, and activities to eliminate sex bias and stereotyping in secondary and postsecondary vocational education.
Section 235(c)(2)(D). Grant funds for secondary, postsecondary, and adult vocational education programs may be used for activities such as guidance and counseling.
Section 240. Any local application desiring funds under Part C shall--
(12)(A) provide assurances that the eligible recipient will provide a vocational education program that encourages students through counseling to pursue coherent sequence of courses.
Sections 321. The Secretary is authorized to make grants to States to assist them in conducting career guidance and counseling authorized by this part-Comprehensive Career Guidance and Counseling Programs.
Section 322. Grants to any States under this part will be used . . . for programs designed to improve, expand, and extend career guidance and counseling programs to meet the career development, . . . needs of vocational education students, and employment needs of vocational education students.
Section 332(b)(1). Business-labor-education partnership training programs shall include training and career counseling that will enable workers to (H) retain and (I) upgrade their jobs.
Section 365. States shall establish a support system in community education employment center to coordinate student services, including:
(1)(A) a comprehensive guidance and counseling program, providing guidance for career and personal decision making and postsecondary institution placement.
(2)(A) an on-site job service office to offer students career guidance and employment counseling.
Section 375(b)(1)(F). Grants under this part shall be used to establish vocational education lighthouse schools to serve as model vocational education programs that offer a full range of programs, including comprehensive career guidance and counseling, for students who plan to seek employment upon graduation or who will enroll in a 2- or 4- year college.
Section 417(b)(3). Funds awarded to educational programs for federal correctional institutions may be used for guidance and counseling programs.
Section 419(b)(1). The regional model centers for skilled trades established pursuant to subsection (a) shall provide training and career counseling for skilled tradesmen in areas of skill shortages or projected skilled shortages.
Section 420A(a)(6)(B)(i). Agriculture action centers shall provide services, including crisis management counseling and outreach counseling to include family members of the affected individual.

STWOA of 1994
Section 213(d). A State plan referred to in subsection (b)(1) shall--
(9) describe how the State will expand and improve career and academic counseling in the elementary and secondary grades, which may include linkages to career counseling and labor market information services outside the school system.
(16) describe the process for assessing skills and knowledge required in career majors, and the process for awarding skill certificates that is, to the extent feasible, consistent with the skills standards certification systems endorsed under the National Skill Standards Act of 1994.
(17) describe how the State will ensure that students in STWOA programs are provided, to the greatest extent possible, with flexibility to develop new career goals over time and to change career majors.
Section 215(b)(4). A local partnership shall expend funds only for activities undertaken to carry out local School-to-Work Opportunities programs, and such activities may include, for each program--
(G) providing career exploration and awareness services, counseling and mentoring services, college awareness and preparation services, and other services to prepare students for the transition from school to work.
(O) enhancing linkages between after-school, weekend, and summer jobs, career exploration, and school-based learning.

Area: Professional Development

Perkins Act of 1990
Section 101A. The Center for the Advancement of Pacific Education in Honolulu, Hawaii shall provide grants for vocational education and training to the territories for the purpose of providing direct educational services, including teacher and counselor training and retraining.
Section 113(b)(20). Each State shall--
(A) provide assurances that the State will provide leadership, supervision, and resources for comprehensive career guidance and vocational counseling.
(B) annually assess and report on the degree to which expenditures aggregated within the State for career guidance and vocational counseling from allotments under title II are not less than such expenditures for such guidance and counseling within the State in fiscal year 1988.
Section 201(b)(1). State programs shall include professional development activities for teachers and counselors working with vocational education students and community based-organizations.
Section 322(b). Career guidance and counseling programs shall consist of--
(2) services and activities designed to ensure the quality and effectiveness of career guidance and counseling programs and projects under this part, such as counselor education and the development of career information delivery systems.
(3) projects which provide opportunities for counselors to obtain firsthand experience in business and industry.
Section 344(b)(5). Tech-Prep programs shall include training programs for counselors.
Section (408). The National Occupational Information Coordinating Committee will continue training and technical assistance activities to support comprehensive guidance and vocational counseling programs.
Section 412(d)(2). In awarding grants under part B, the Secretary shall give priority to demonstration programs that serve teachers, administrators, and counselors in need of training or retraining.
Section 414(b)(1). Leadership development grants awarded to higher education institutions that are intended to meet the State's need for qualified career guidance personnel shall offer com- prehensive vocational education and supporting services and disciplines such as career guidance and vocational counseling.

STWOA of 1994
Section 104(3). The connecting activities of a School-to-Work Opportunities program shall include providing technical assistance and services to employers in
(A) designing counseling and case management services, and
(B) training teachers, workplace mentors, school site mentors, and counselors.
Section 205. States will use amounts received from development grants for activities to develop a statewide School-to-Work Opportunities system, which may include--
(7) supporting local planning and development activities to provide guidance, training and technical assistance for teachers, employers, mentors, counselors, administrators, and others in the development of School-to-Work Opportunities programs.
(9) developing a training and technical support system for teachers, employers, mentors, counselors, related services personnel, and others that include specialized training and technical support for the counseling and training of women, minorities, and individuals with disabilities for high-skill, high-wage careers in nontraditional employment.
Section 213(d)(7). State implementation grants shall describe the strategy for providing training for teachers, employers, mentors, counselors, related services personnel, and others, including specialized training and technical support for the counseling and training of women, minorities, and individuals with disabilities for high-skill, high-wage careers in nontraditional employment, and provide assurances of coordination with similar training and technical support under other provisions of law.
Section 215(b)(4). A local partnership shall expend funds provided through subgrants under this subsection only for activities undertaken to carry out local STWO programs, and such activities may include, for each such program
(N) designing local strategies to provide adequate planning time and staff development activities for teachers, school counselors, related services personnel, and school site mentors, including opportunities outside the classroom that are at the worksite.
Section 215(c)(3). In carrying out the statewide School-to-Work Opportunities system, the State may also provide training for teachers, employers, school site mentors, counselors, and other parties.

References

American Vocational Association. (1992). "The AVA guide to the Carl D. Perkins Vocational and Applied Technology Education Act of 1990". Washington, DC: Author.

Parsons, F. (1909). "Choosing a vocation". Boston: Houghton Mifflin.

School-to-Work Opportunities Act of 1994 (Public Law 103-239). (1994, May).

The William T. Grant Foundation Commission on Work, Family, and Citizenship. (1988, November). "The forgotten half: Pathways to success for America's youth and young families". Washington, DC: Author.

National Search for Exemplary Career Guidance and Counseling Programs
CALL FOR APPLICATIONS

During 1995, the National Center for Research in Vocational Education's Office of Student Services (OSS) will conduct a search for exemplary career guidance and counseling programs. The application guidelines are based on a set of 16 componenets research shows are present in exemplary programs. Programs selected for recognition will be comprehensive, developmental programs designed to serve all populations.

Interested individuals from secondary and postsecondary institutions will be required to submit a comprehensive application describing and documenting the components of their career guidance and counseling programs. Completed applications will be reviewed by a national panel of experts in the field and those with the highest rankings will be visited by a team from the Office of Student Services.

The Office of Student Services will announce the programs selected for recognition in a variety of national newsletters and information about the programs will be highlighted in OSS publications and presentations, and entered into the OSS database of exemplary programs.

Those interested in obtaining an application or wishing to learn more about the search should contact: Dr. Carolyn Maddy-Bernstein, Director, NCRVE Office of Student Services, 345 Education Building, 1310 South Sixth Street, Champaign. Illinois 61820, (217) 333-0807, FAX (217) 244-5632, email: maddy2@ux1.cso.uiuc.edu. Completed applications are due May 31, 1995.

This publication was prepared pursuant to a grant from the Office of Vocational and Adult Education, U.S. Department of Education, authorized by the Carl D. Perkins Vocational and Applied Technology Education Act. Any or all portions of this document may be freely reproduced and circulated without prior permission, provided the source is cited as the National Center for Research in Vocational Education, University of California, Berkeley, Office of Special Populations.

OFFICE OF SPECIAL POPULATIONS' BRIEF
National Center for Research in Vocational Education
University of California, Berkeley

Developed by:
Esmeralda S. Cunanan, Ed.D.
Office of Special Populations
University of Illinois at Urbana-Champaign Site

Address all comments and questions to:
Dr. Carolyn Maddy-Bernstein, Director
345 Education Building, 1310 South Sixth Street
Champaign, IL 61820
(217) 333-0807
FAX: (217) 244-5632
maddy2@ux1.cso.uiuc.edu or
zburac@ux1.cso.uiuc.edu

The Office of Special Populations of the National Center for Research in Vocational Education, University of California, Berkeley is housed at the University of Illinois. The Office of Special Populations works nationally to increase the accessibility, quality, and availability of vocational programs for youth and adults from special populations.

For access to the full text of ALL BRIEFS, visit the NCRVE Office of Student Services.