H. R. 2884

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To establish a national framework for the development of School-to-Work Opportunities systems in all States, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘School-toWork Opportunities Act of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings. Sec. 3. Purposes and congressional intent. Sec. 4. Definitions.

Sec. 5. Federal administration.

TITLE I—SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM

COMPONENTS

Sec. 101. General program requirements. Sec. 102. School-based learning component. Sec. 103. Work-based learning component. Sec. 104. Connecting activities component.

TITLE II—SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT

AND IMPLEMENTATION GRANTS TO STATES

Subtitle A—State Development Grants

Sec. 201. Purpose. Sec. 202. Authorization.

Sec. 203. Application. Sec. 204. Approval of application. Sec. 205. Use of amounts.

Sec. 206. Maintenance of effort.

Sec. 207. Reports.

Subtitle B—State Implementation Grants

Sec. 211. Purpose. Sec. 212. Authorization.

Sec. 213. Application. Sec. 214. Review of application. Sec. 215. Use of amounts.

Sec. 216. Allocation requirement. Sec. 217. Limitation on administrative costs.

Sec. 218. Reports.

Subtitle C—Development and Implementation Grants for School-to-Work Programs

for Indian Youths

Sec. 221. Authorization.

Sec. 222. Requirements.

TITLE III—FEDERAL IMPLEMENTATION GRANTS TO LOCAL

PARTNERSHIPS

Sec. 301. Purposes.
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Sec. 302. Authorization.

Sec. 303. Application. Sec. 304. Use of amounts.

Sec. 305. Conformity with approved State plan. Sec. 306. Reports. Sec. 307. High poverty area defined.

TITLE IV—NATIONAL PROGRAMS

Sec. 401. Research, demonstration, and other projects. Sec. 402. Performance outcomes and evaluation.

Sec. 403. Training and technical assistance. Sec. 404. Capacity building and information and dissemination network. Sec. 405. Reports to Congress. Sec. 406. Funding.

TITLE V—WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS

Sec. 501. State and local partnership requests and responsibilities for waivers. Sec. 502. Waiver authority of Secretary of Education. Sec. 503. Waiver authority of Secretary of Labor. Sec. 504. Combination of Federal funds for high poverty schools. Sec. 505. Combination of Federal funds by States for school-to-work activities.

TITLE VI—GENERAL PROVISIONS

Sec. 601. Requirements. Sec. 602. Sanctions.

Sec. 603. State authority. Sec. 604. Prohibition on Federal mandates, direction, and control.

Sec. 605. Authorization of appropriations.

TITLE VII—OTHER PROGRAMS

Subtitle A—Reauthorization of Job Training for the Homeless Demonstration

Program Under the Stewart B. McKinney Homeless Assistance Act

Sec. 701. Reauthorization.

Subtitle B—Tech-Prep Programs

Sec. 711. Tech-prep education.

Subtitle C—Alaska Native Art and Culture

Sec. 721. Short title.

Sec. 722. Alaska Native art and culture.

Subtitle D—Job Training

Sec. 731. Amendment to Job Training Partnership Act to provide allowances for

child care costs to certain individuals participating in the Job Corps.

TITLE VIII—TECHNICAL PROVISIONS

Sec. 801. Effective date.

Sec. 802. Sunset.

SEC. 2. FINDINGS.

Congress finds that—

(1) three-fourths of high school students in the United

States enter the workforce without baccalaureate degrees, and

many do not possess the academic and entry-level occupational

skills necessary to succeed in the changing United States workplace;

(2) a substantial number of youths in the United States,

especially disadvantaged students, students of diverse racial,

ethnic, and cultural backgrounds, and students with disabilities, do not complete high school; (3) unemployment among youths in the United States is

intolerably high, and earnings of high school graduates have

been falling relative to earnings of individuals with more education;

(4) the workplace in the United States is changing in

response to heightened international competition and new tech-
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nologies, and such forces, which are ultimately beneficial to

the Nation, are shrinking the demand for and undermining

the earning power of unskilled labor;

(5) the United States lacks a comprehensive and coherent

system to help its youths acquire the knowledge, skills, abilities,

and information about and access to the labor market necessary

to make an effective transition from school to career-oriented

work or to further education and training;

(6) students in the United States can achieve high academic

and occupational standards, and many learn better and retain

more when the students learn in context, rather than in the

abstract;

(7) while many students in the United States have parttime jobs, there is infrequent linkage between—

(A) such jobs; and

(B) the career planning or exploration, or the schoolbased learning, of such students;

(8) the work-based learning approach, which is modeled

after the time-honored apprenticeship concept, integrates theoretical instruction with structured on-the-job training, and this

approach, combined with school-based learning, can be very

effective in engaging student interest, enhancing skill acquisition, developing positive work attitudes, and preparing youths

for high-skill, high-wage careers;

(9) Federal resources currently fund a series of categorical,

work-related education and training programs, many of which

serve disadvantaged youths, that are not administered as a

coherent whole; and

(10) in 1992 approximately 3,400,000 individuals in the

United States age 16 through 24 had not completed high school

and were not currently enrolled in school, a number representing approximately 11 percent of all individuals in this age

group, which indicates that these young persons are particularly unprepared for the demands of a 21st century workforce.

SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

(a) PURPOSES.—The purposes of this Act are—

(1) to establish a national framework within which all

States can create statewide School-to-Work Opportunities systems that—

(A) are a part of comprehensive education reform;

(B) are integrated with the systems developed under

the Goals 2000: Educate America Act and the National

Skill Standards Act of 1994; and

(C) offer opportunities for all students to participate

in a performance-based education and training program

that will—

(i) enable the students to earn portable credentials;

(ii) prepare the students for first jobs in highskill, high-wage careers; and

(iii) increase their opportunities for further education, including education in a 4-year college or

university;

(2) to facilitate the creation of a universal, high-quality

school-to-work transition system that enables youths in the

United States to identify and navigate paths to productive

and progressively more rewarding roles in the workplace;
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(3) to utilize workplaces as active learning environments

in the educational process by making employers joint partners

with educators in providing opportunities for all students to

participate in high-quality, work-based learning experiences;

(4) to use Federal funds under this Act as venture capital,

to underwrite the initial costs of planning and establishing

statewide School-to-Work Opportunities systems that will be

maintained with other Federal, State, and local resources;

(5) to promote the formation of local partnerships that

are dedicated to linking the worlds of school and work among

secondary schools and postsecondary educational institutions,

private and public employers, labor organizations, government,

community-based organizations, parents, students, State educational agencies, local educational agencies, and training and

human service agencies;

(6) to promote the formation of local partnerships between

elementary schools and secondary schools (including middle

schools) and local businesses as an investment in future workplace productivity and competitiveness;

(7) to help all students attain high academic and occupational standards;

(8) to build on and advance a range of promising schoolto-work activities, such as tech-prep education, career

academies, school-to-apprenticeship programs, cooperative

education, youth apprenticeship, school-sponsored enterprises,

business-education compacts, and promising strategies that

assist school dropouts, that can be developed into programs

funded under this Act;

(9) to improve the knowledge and skills of youths by

integrating academic and occupational learning, integrating

school-based and work-based learning, and building effective

linkages between secondary and postsecondary education; (10) to encourage the development and implementation

of programs that will require paid high-quality, work-based

learning experiences; (11) to motivate all youths, including low-achieving youths,

school dropouts, and youths with disabilities, to stay in or

return to school or a classroom setting and strive to succeed,

by providing enriched learning experiences and assistance in

obtaining good jobs and continuing their education in postsecondary educational institutions; (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; (13) to increase opportunities for minorities, women, and

individuals with disabilities, by enabling individuals to prepare

for careers that are not traditional for their race, gender, or

disability; and

(14) to further the National Education Goals set forth in

title I of the Goals 2000: Educate America Act.

(b) CONGRESSIONAL INTENT.—It is the intent of Congress that

the Secretary of Labor and the Secretary of Education jointly administer this Act in a flexible manner that—

(1) promotes State and local discretion in establishing and

implementing statewide School-to-Work Opportunities systems

and School-to-Work Opportunities programs; and

(2) contributes to reinventing government by—
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(A) building on State and local capacity;

(B) eliminating duplication in education and training

programs for youths by integrating such programs into

1 comprehensive system;

(C) maximizing the effective use of resources;

(D) supporting locally established initiatives;

(E) requiring measurable goals for performance; and

(F) offering flexibility in meeting such goals.

SEC. 4. DEFINITIONS.

As used in this Act:

(1) ALL ASPECTS OF AN INDUSTRY.—The term ‘‘all aspects

of an industry’’ means all aspects of the industry or industry

sector a student is preparing to enter, including planning,

management, finances, technical and production skills, underlying principles of technology, labor and community issues, health

and safety issues, and environmental issues, related to such

industry or industry sector.

(2) ALL STUDENTS.—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.

(3) APPROVED STATE PLAN.—The term ‘‘approved State

plan’’ means a statewide School-to-Work Opportunities system

plan that is submitted by a State under section 213, is determined by the Secretaries to include the program components

described in sections 102 through 104 and otherwise meet

the requirements of this Act, and is consistent with the State

improvement plan for the State, if any, under the Goals 2000:

Educate America Act.

(4) CAREER GUIDANCE AND COUNSELING.—The term ‘‘career

guidance and counseling’’ means programs— (A) that pertain to the body of subject matter and

related techniques and methods organized for the development in individuals of career awareness, career planning,

career decisionmaking, placement skills, and knowledge

and understanding of local, State, and national occupational, educational, and labor market needs, trends, and

opportunities;

(B) that assist individuals in making and implementing

informed educational and occupational choices; and

(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.

(5) CAREER MAJOR.—The term ‘‘career major’’ means a

coherent sequence of courses or field of study that prepares

a student for a first job and that—

(A) integrates academic and occupational learning,

integrates school-based and work-based learning, establishes linkages between secondary schools and postsecondary educational institutions;

(B) prepares the student for employment in a broad

occupational cluster or industry sector;
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(C) typically includes at least 2 years of secondary

education and at least 1 or 2 years of postsecondary education;

(D) provides the students, to the extent practicable,

with strong experience in and understanding of all aspects

of the industry the students are planning to enter;

(E) results in the award of—

(i) a high school diploma or its equivalent, such

as—

(I) a general equivalency diploma; or

(II) an alternative diploma or certificate for

students with disabilities for whom such alternative diploma or certificate is appropriate;

(ii) a certificate or diploma recognizing successful

completion of 1 or 2 years of postsecondary education

(if appropriate); and

(iii) a skill certificate; and

(F) may lead to further education and training, such

as entry into a registered apprenticeship program, or may

lead to admission to a 2- or 4-year college or university.

(6) COMMUNITY-BASED ORGANIZATIONS.—The term ‘‘community-based organizations’’ has the meaning given such term

in section 4(5) of the Job Training Partnership Act (29 U.S.C.

1503(5)).

(7) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’

means a day or residential school that provides elementary

education, as determined under State law.

(8) EMPLOYER.—The term ‘‘employer’’ includes both public

and private employers. (9) GOVERNOR.—The term ‘‘Governor’’ means the chief

executive of a State.

(10) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ means a public board of education or other

public authority legally constituted within a State for either

administrative control or direction of, or to perform a service

function for, public elementary or secondary schools in a city,

county, township, school district, or other political subdivision

of a State, or such combination of school districts or counties

as are recognized in a State as an administrative agency for

its public elementary or secondary schools. Such term includes

any other public institution or agency having administrative

control and direction of a public elementary or secondary school. (11) LOCAL PARTNERSHIP.—The term ‘‘local partnership’’

means a local entity that is responsible for local School-toWork Opportunities programs and that—

(A) consists of employers, representatives of local educational agencies and local postsecondary educational

institutions (including representatives of area vocational

education schools, where applicable), local educators (such

as teachers, counselors, or administrators), representatives

of labor organizations or nonmanagerial employee representatives, and students; and

(B) may include other entities, such as—

(i) employer organizations;

(ii) community-based organizations;

(iii) national trade associations working at the local

levels;
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(iv) industrial extension centers;

(v) rehabilitation agencies and organizations;

(vi) registered apprenticeship agencies;

(vii) local vocational education entities;

(viii) proprietary institutions of higher education

(as defined in section 481(b) of the Higher Education

Act of 1965 (20 U.S.C. 1088(b)) that continue to meet

the eligibility and certification requirements under title

IV of such Act (20 U.S.C. 1070 et seq.);

(ix) local government agencies;

(x) parent organizations;

(xi) teacher organizations;

(xii) vocational student organizations;

(xiii) private industry councils established under

section 102 of the Job Training Partnership Act (29

U.S.C. 1512);

(xiv) federally recognized Indian tribes, Indian

organizations, and Alaska Native villages within the

meaning of the Alaska Native Claims Settlement Act

(43 U.S.C. 1601 et seq.); and

(xv) Native Hawaiian entities.

(12) POSTSECONDARY EDUCATIONAL INSTITUTION.—The term

‘‘postsecondary educational institution’’ means an institution

of higher education (as such term is defined in section 481

of the Higher Education Act of 1965 (20 U.S.C. 1088)) which

continues to meet the eligibility and certification requirements

under title IV of such Act (20 U.S.C. 1070 et seq.).

(13) REGISTERED APPRENTICESHIP AGENCY.—The term ‘‘registered apprenticeship agency’’ means the Bureau of Apprenticeship and Training in the Department of Labor or a State

apprenticeship agency recognized and approved by the Bureau

of Apprenticeship and Training as the appropriate body for

State registration or approval of local apprenticeship programs

and agreements for Federal purposes.

(14) REGISTERED APPRENTICESHIP PROGRAM.—The term

‘‘registered apprenticeship program’’ means a program registered by a registered apprenticeship agency.

(15) RELATED SERVICES.—The term ‘‘related services’’

includes the types of services described in section 602(17) of

the Individuals with Disabilities Education Act (20 U.S.C.

1401(17)).

(16) RURAL COMMUNITY WITH LOW POPULATION DENSITY.—

The term ‘‘rural community with low population density’’ means

a county, block number area in a nonmetropolitan county,

or consortium of counties or of such block number areas, that

has a population density of 20 or fewer individuals per square

mile.

(17) SCHOOL DROPOUT.—The term ‘‘school dropout’’ means

a youth who is no longer attending any school and who has

not received a secondary school diploma or a certificate from

a program of equivalency for such a diploma.

(18) SCHOOL SITE MENTOR.—The term ‘‘school site mentor’’

means a professional employed at a school who is designated

as the advocate for a particular student, and who works in

consultation with classroom teachers, counselors, related services personnel, and the employer of the student to design and
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monitor the progress of the School-to-Work Opportunities program of the student.

(19) SCHOOL-TO-WORK OPPORTUNITIES PROGRAM.—The term

‘‘School-to-Work Opportunities program’’ means a program that

meets the requirements of this Act, other than a program

described in section 401(a).

(20) SECONDARY SCHOOL.—The term ‘‘secondary school’’

means—

(A) a nonprofit day or residential school that provides

secondary education, as determined under State law, except

that it does not include any education provided beyond

grade 12; and

(B) a Job Corps center under part B of title IV of

the Job Training Partnership Act (29 U.S.C. 1691 et seq.).

(21) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of Education and the Secretary of Labor.

(22) SKILL CERTIFICATE.—The term ‘‘skill certificate’’ means

a portable, industry-recognized credential issued by a Schoolto-Work Opportunities program under an approved State plan,

that certifies that a student has mastered skills at levels that

are at least as challenging as skill standards endorsed by

the National Skill Standards Board established under the

National Skill Standards Act of 1994, except that until such

skill standards are developed, the term ‘‘skill certificate’’ means

a credential issued under a process described in the approved

State plan.

(23) STATE.—The term ‘‘State’’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands,

American Samoa, Guam, the Virgin Islands, the Federated

States of Micronesia, the Republic of the Marshall Islands,

and the Republic of Palau.

(24) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ means the officer or agency primarily

responsible for the State supervision of public elementary and

secondary schools.

(25) WORKPLACE MENTOR.—The term ‘‘workplace mentor’’

means an employee or other individual, approved by the

employer at a workplace, who possesses the skills and knowledge to be mastered by a student, and who instructs the student, critiques the performance of the student, challenges the

student to perform well, and works in consultation with classroom teachers and the employer of the student.

SEC. 5. FEDERAL ADMINISTRATION.

(a) JOINT ADMINISTRATION.—

(1) IN GENERAL.—Notwithstanding the Department of Education Organization Act (20 U.S.C. 3401 et seq.), the General

Education Provisions Act (20 U.S.C. 1221 et seq.), the Act

entitled ‘‘An Act To Create a Department of Labor’’, approved

March 4, 1913 (29 U.S.C. 551 et seq.), and section 166 of

the Job Training Partnership Act (29 U.S.C. 1576), the Secretaries shall jointly provide for, and shall exercise final authority

over, the administration of this Act, and shall have final authority to jointly issue whatever procedures, guidelines, and regulations, in accordance with section 553 of title 5, United States
H. R. 2884—9

Code, the Secretaries consider necessary and appropriate to

administer and enforce the provisions of this Act.

(2) SUBMISSION OF PLAN.—Not later than 120 days after

the date of enactment of this Act, the Secretaries shall prepare

a plan for the joint administration of this Act and submit

such plan to Congress for review and comment.

(b) ACCEPTANCE OF GIFTS.—The Secretaries are authorized,

in carrying out this Act, to accept, purchase, or lease in the name

of the Department of Labor or the Department of Education, and

employ or dispose of in furtherance of the purposes of this Act,

any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise.

(c) USE OF VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the

Secretaries are authorized to accept voluntary and uncompensated

services in furtherance of the purposes of this Act.

TITLE I—SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM COMPONENTS

SEC. 101. GENERAL PROGRAM REQUIREMENTS.

A School-to-Work Opportunities program under this Act shall— (1) integrate school-based learning and work-based learning, as provided for in sections 102 and 103, integrate academic

and occupational learning, and establish effective linkages

between secondary and postsecondary education;

(2) provide participating students with the opportunity to

complete career majors;

(3) incorporate the program components provided in sections 102 through 104;

(4) provide participating students, to the extent practicable,

with strong experience in and understanding of all aspects

of the industry the students are preparing to enter; and

(5) provide all students with equal access to the full range

of such program components (including both school-based and

work-based learning components) and related activities, such

as recruitment, enrollment, and placement activities, except

that nothing in this Act shall be construed to provide any

individual with an entitlement to services under this Act.

SEC. 102. SCHOOL-BASED LEARNING COMPONENT.

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) in order to help students who may be interested

to 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;

(3) a program of study designed to meet the same academic

content standards the State has established for all students,

including, where applicable, standards established under the
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Goals 2000: Educate America Act, and to meet the requirements

necessary to prepare a student for postsecondary education

and the requirements necessary for a student to earn a skill

certificate;

(4) a program of instruction and curriculum that integrates

academic and vocational learning (including applied methodologies and team-teaching strategies), and incorporates instruction, to the extent practicable, in all aspects of an industry,

appropriately tied to the career major of a participant;

(5) regularly scheduled evaluations involving ongoing consultation and problem solving with students and school dropouts to identify their academic strengths and weaknesses,

academic progress, workplace knowledge, goals, and the need

for additional learning opportunities to master core academic

and vocational skills; and

(6) procedures to facilitate the entry of students participating in a School-to-Work Opportunities program into additional

training or postsecondary education programs, as well as to

facilitate the transfer of the students between education and

training programs.

SEC. 103. WORK-BASED LEARNING COMPONENT.

(a) MANDATORY ACTIVITIES.—The work-based learning component of a School-to-Work Opportunities program shall include—

(1) work experience;

(2) a planned program of job training and work experiences

(including training related to preemployment and employment

skills to be mastered at progressively higher levels) that are

coordinated with learning in the school-based learning component described in section 102 and are relevant to the career

majors of students and lead to the award of skill certificates; (3) workplace mentoring;

(4) instruction in general workplace competencies, including

instruction and activities related to developing positive work

attitudes, and employability and participative skills; and (5) broad instruction, to the extent practicable, in all

aspects of the industry.

(b) PERMISSIBLE ACTIVITIES.—Such component may include

such activities as paid work experience, job shadowing, schoolsponsored enterprises, or on-the-job training.

SEC. 104. CONNECTING ACTIVITIES COMPONENT.

The connecting activities component of a School-to-Work

Opportunities program shall include— (1) matching students with the work-based learning

opportunities of employers;

(2) providing, with respect to each student, a school site

mentor to act as a liaison among the student and the employer,

school, teacher, school administrator, and parent of the student,

and, if appropriate, other community partners;

(3) providing technical assistance and services to employers,

including small- and medium-sized businesses, and other parties in—

(A) designing school-based learning components

described in section 102, work-based learning components

described in section 103, and counseling and case management services; and
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(B) training teachers, workplace mentors, school site

mentors, and counselors;

(4) providing assistance to schools and employers to

integrate school-based and work-based learning and integrate

academic and occupational learning into the program;

(5) encouraging the active participation of employers, in

cooperation with local education officials, in the implementation

of local activities described in section 102, section 103, or this

section;

(6)(A) providing assistance to participants who have completed the program in finding an appropriate job, continuing

their education, or entering into an additional training program;

and

(B) linking the participants with other community services

that may be necessary to assure a successful transition from

school to work;

(7) collecting and analyzing information regarding postprogram outcomes of participants in the School-to-Work

Opportunities program, to the extent practicable, on the basis

of socioeconomic status, race, gender, ethnicity, culture, and

disability, and on the basis of whether the participants are

students with limited-English proficiency, school dropouts, disadvantaged students, or academically talented students; and

(8) linking youth development activities under this Act

with employer and industry strategies for upgrading the skills

of their workers.

TITLE II—SCHOOL-TO-WORK OPPORTUNITIES SYSTEM DEVELOPMENT AND

IMPLEMENTATION GRANTS TO

STATES

Subtitle A—State Development Grants

SEC. 201. PURPOSE.

The purpose of this subtitle is to assist States in planning

and developing comprehensive statewide School-to-Work Opportunities systems.

SEC. 202. AUTHORIZATION.

(a) GRANTS TO STATES.—

(1) IN GENERAL.—On the application of the Governor on

behalf of a State in accordance with section 203, the Secretaries

may provide a development grant to the State in such amounts

as the Secretaries determine to be necessary to enable such

State to complete planning and development of a comprehensive

statewide School-to-Work Opportunities system.

(2) AMOUNT.—The amount of a development grant under

this section may not exceed $1,000,000 for any fiscal year.

(3) COMPLETION.—The Secretaries may provide such grant

to complete development of a statewide School-to-Work

Opportunities systems initiated with funds received under the

Job Training Partnership Act (29 U.S.C. 1501 et seq.) or the
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Carl D. Perkins Vocational and Applied Technology Education

Act (20 U.S.C. 2301 et seq.).

(b) GRANTS TO TERRITORIES.—In providing grants under this

section to the Commonwealth of the Northern Mariana Islands,

American Samoa, Guam, the Virgin Islands, the Federated States

of Micronesia, the Republic of the Marshall Islands, or the Republic

of Palau, the Secretaries shall use amounts reserved under section

605(b)(1).

SEC. 203. APPLICATION.

(a) IN GENERAL.—The Secretaries may not provide a development grant under section 202 to a State unless the Governor

of the State, on behalf of the State, submits to the Secretaries

an application, at such time, in such form, and containing such

information as the Secretaries may reasonably require.

(b) CONTENTS.—Such application shall include—

(1) a timetable and an estimate of the amount of funding

needed to complete the planning and development necessary

to implement a comprehensive statewide School-to-Work

Opportunities system for all students;

(2) a description of how—

(A) the Governor;

(B) the State educational agency;

(C) the State agency officials responsible for economic

development;

(D) the State agency officials responsible for employment;

(E) the State agency officials responsible for job

training; (F) the State agency officials responsible for postsecondary education; (G) the State agency officials responsible for vocational

education;

(H) the State agency officials responsible for vocational

rehabilitation;

(I) the individual assigned by the State under section 111(b)(1) of the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2321(b)(1)); (J) other appropriate officials, including the State

human resource investment council established in accordance with title VII of the Job Training Partnership Act

(29 U.S.C. 1792 et seq.), if the State has established such

a council; and

(K) representatives of the private sector;

will collaborate in the planning and development of the statewide School-to-Work Opportunities system;

(3) a description of the manner in which the State has

obtained and will continue to obtain the active and continued

participation, in the planning and development of the statewide

School-to-Work Opportunities system, of employers and other

interested parties, such as locally elected officials, secondary

schools and postsecondary educational institutions (or related

agencies), business associations, industrial extension centers,

employees, labor organizations or associations of such organizations, teachers, related services personnel, students, parents,

community-based organizations, rehabilitation agencies and

organizations, Indian tribes, registered apprenticeship agencies,
H. R. 2884—13

vocational educational agencies, vocational student organizations, and human service agencies; (4) a description of the manner in which the State will

coordinate planning activities with any local school-to-work programs, including programs funded under title III, if any; (5) a designation of a fiscal agent to receive and be account- able for funds provided from a grant under section 202; and (6) a description of how the State will provide opportunities

for students from low-income families, low-achieving students,

students with limited-English proficiency, students with disabilities, students living in rural communities with low population

densities, school dropouts, and academically talented students

to participate in School-to-Work Opportunities programs.

(c) COORDINATION WITH GOALS 2000: EDUCATE AMERICA ACT.— A State seeking assistance under both this subtitle and the Goals

2000: Educate America Act may— (1) submit a single application containing plans that meet the requirements of such subtitle and such Act and ensure

that the plans are coordinated and not duplicative; or (2) if such State has already submitted its application for funds under the Goals 2000: Educate America Act, submit

its application under this subtitle as an amendment to the

Goals 2000: Educate America Act application if such amendment meets the requirements of this subtitle and is coordinated

with and not duplicative of the Goals 2000: Educate America

Act application.

SEC. 204. APPROVAL OF APPLICATION.

The Secretaries may approve an application submitted by a State under section 203 only if the State demonstrates in such

application that the activities proposed to be undertaken by the

State to develop a statewide School-to-Work Opportunities system

are consistent with the State improvement plan for the State,

if any, under the Goals 2000: Educate America Act.

SEC. 205. USE OF AMOUNTS.

The Secretaries may not provide a development grant under section 202 to a State unless the State agrees that the State

will use all amounts received from such grant for activities to

develop a statewide School-to-Work Opportunities system, which

may include— (1) identifying or establishing an appropriate State struc- ture to administer the statewide School-to-Work Opportunities

system; (2) identifying secondary and postsecondary school-to-work programs in existence on or after the date of the enactment

of this Act that might be incorporated into such system; (3) identifying or establishing broad-based partnerships among employers, labor, education, government, and other

community-based organizations and parent organizations to

participate in the design, development, and administration of

School-to-Work Opportunities programs; (4) developing a marketing plan to build consensus and

support for such programs; (5) promoting the active involvement of business (including small- and medium-sized businesses) in planning, developing,

and implementing local School-to-Work Opportunities programs, and in establishing partnerships between business and
H. R. 2884—14

elementary schools and secondary schools (including middle

schools);

(6) identifying ways that local school-to-work programs in

existence on or after the date of the enactment of this Act

could be coordinated with the statewide School-to-Work

Opportunities system;

(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;

(8) identifying or establishing mechanisms for providing

training and technical assistance to enhance the development

of the statewide School-to-Work Opportunities system;

(9) developing a training and technical support system

for teachers, employers, mentors, counselors, related services

personnel, and others that includes specialized training and

technical support for the counseling and training of women,

minorities, and individuals with disabilities for high-skill, highwage careers in nontraditional employment;

(10) initiating pilot programs for testing key components

of the program design of programs under the statewide Schoolto-Work Opportunities system;

(11) developing a State process for issuing skill certificates

that is, to the extent feasible, consistent with the skill standards

certification systems endorsed under the National Skill Standards Act of 1994;

(12) designing challenging curricula, in cooperation with

representatives of local partnerships, that take into account

the diverse learning needs and abilities of the student population served by the statewide School-to-Work Opportunities

system;

(13) developing a system for labor market analysis and

strategic planning for local targeting of industry sectors or

broad occupational clusters that can provide students with

placements in high-skill workplaces;

(14) analyzing the post-high school employment experiences

of recent high school graduates and school dropouts;

(15) preparing the plan described in section 213(d);

(16) working with localities to develop strategies to recruit

and retain all students in programs under this Act through

collaborations with community-based organizations, where

appropriate, and other entities with expertise in working with

such students;

(17) coordinating recruitment of out-of-school, at-risk, and

disadvantaged youths with those organizations and institutions

that have a successful history of working with such youths;

and

(18) providing technical assistance to rural areas in planning, developing, and implementing local School-to-Work

Opportunities programs that meet the needs of rural communities with low population densities.

SEC. 206. MAINTENANCE OF EFFORT.

(a) IN GENERAL.—A State may receive a development grant

under section 202 for a fiscal year only if the State provides assurances, satisfactory to the Secretaries, that—
H. R. 2884—15

(1) the amount of State funds expended per student by the State for school-to-work activities of the type described

in title I for the preceding fiscal year was not less than 90

percent of the amount so expended for the second preceding

fiscal year; or (2) the aggregate amount of State funds expended by the State for such activities for the preceding fiscal year was not

less than 90 percent of the amount so expended for the second

preceding fiscal year.

(b) WAIVER.— (1) DETERMINATION.—The Secretaries may jointly waive the requirements described in subsection (a) for a State that

requests such a waiver if the Secretaries determine that such

a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances such

as a natural disaster; or

(B) a precipitous decline in the financial resources

of the State.

(2) REQUEST.—To be eligible to receive such a waiver, a State shall submit a request at such time, in such form, and

containing such information as the Secretaries may require.

SEC. 207. REPORTS.

The Secretaries may not provide a development grant under section 202 to a State unless the State agrees that the State

will submit to the Secretaries such reports as the Secretaries may

reasonably require, relating to the use of amounts from such grant,

except that the Secretaries may not require more than 1 such

report during any 3-month period.

Subtitle B—State Implementation Grants

SEC. 211. PURPOSE.

The purpose of this subtitle is to assist States in the

implementation of comprehensive statewide School-to-Work

Opportunities systems.

SEC. 212. AUTHORIZATION.

(a) GRANTS TO STATES.—On the application of the Governor

on behalf of a State in accordance with section 213, the Secretaries

may provide an implementation grant to the State in such amounts

as the Secretaries determine to be necessary to enable such State

to implement a comprehensive statewide School-to-Work Opportunities system.

(b) GRANTS TO TERRITORIES.—In providing grants under this

section to the Commonwealth of the Northern Mariana Islands,

American Samoa, Guam, the Virgin Islands, the Federated States

of Micronesia, the Republic of the Marshall Islands, or the Republic

of Palau, the Secretaries shall use amounts reserved under section

605(b)(1).

(c) PERIOD OF GRANT.—The provision of payments under a grant under subsection (a) shall not exceed 5 fiscal years and

shall be subject to the annual approval of the Secretaries and

subject to the availability of appropriations for the fiscal year

involved to make the payments.

(d) LIMITATION.—A State shall be eligible to receive only 1

implementation grant under subsection (a).
H. R. 2884—16

SEC. 213. APPLICATION.

(a) IN GENERAL.— (1) SUBMISSION BY GOVERNOR ON BEHALF OF STATE.—Subject to paragraph (2), the Secretaries may not provide an

implementation grant under section 212 to a State unless the

Governor of the State, on behalf of the State, submits to the

Secretaries an application, at such time, in such form, and

containing such information as the Secretaries may reasonably

require. (2) REVIEW AND COMMENT BY CERTAIN INDIVIDUALS AND

ENTITIES.—If, after a reasonable effort, the Governor is unable

in accordance with subsection (d)(4) to obtain the support of

the individuals and entities described in subparagraphs (A)

through (J) of subsection (b)(4) for the State plan described

in subsection (d), then the Governor shall—

(A) provide such individuals and entities with copies

of such application; (B) allow such individuals and entities to submit to

the Governor, not later than the end of the 30-day period

beginning on the date on which the Governor provides

such individuals and entities with copies of such application

under subparagraph (A), comments on those portions of

the plan that address matters that, under State or other

applicable law, are under the jurisdiction of such individuals or entities; and

(C) include any such comments in the application in

accordance with subsection (b)(5).

(b) CONTENTS.—Such application shall include—

(1) a plan for a comprehensive, statewide School-to-Work

Opportunities system that meets the requirements of subsection

(d);

(2) a description of the manner in which the State will

allocate funds made available through such a grant to local

partnerships under section 215(b)(7);

(3) a request, if the State decides to submit such a request,

for 1 or more waivers of certain statutory or regulatory requirements, as provided for under title V;

(4) a description of the manner in which—

(A) the Governor;

(B) the State educational agency;

(C) the State agency officials responsible for economic

development;

(D) the State agency officials responsible for employment;

(E) the State agency officials responsible for job

training; (F) the State agency officials responsible for postsecondary education; (G) the State agency officials responsible for vocational

education;

(H) the State agency officials responsible for vocational

rehabilitation;

(I) the individual assigned for the State under section

111(b)(1) of the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2321(b)(1));

(J) other appropriate officials, including the State

human resource investment council established in accord-
H. R. 2884—17

ance with title VII of the Job Training Partnership Act

(29 U.S.C. 1792 et seq.), if the State has established such

a council; and

(K) representatives of the private sector;

collaborated in the development of the application;

(5) the comments submitted to the Governor under subsection (a)(2), where applicable; and

(6) such other information as the Secretaries may require.

(c) COORDINATION WITH GOALS 2000: EDUCATE AMERICA ACT.—

A State seeking assistance under both this subtitle and the Goals

2000: Educate America Act may—

(1) submit a single application containing plans that meet

the requirements of such subtitle and such Act and ensure

that the plans are coordinated and not duplicative; or

(2) if such State has already submitted its application

for funds under the Goals 2000: Educate America Act, submit

its application under this subtitle as an amendment to the

Goals 2000: Educate America Act application if such amendment meets the requirements of this subtitle and is coordinated

with and not duplicative of the Goals 2000: Educate America

Act application.

(d) STATE PLAN.—A State plan referred to in subsection (b)(1)

shall—

(1) designate the geographical areas, including urban and

rural areas, to be served by local partnerships that receive

grants under section 215(b), which geographic areas shall, to

the extent feasible, reflect local labor market areas;

(2) describe the manner in which the State will stimulate

and support local School-to-Work Opportunities programs and

the manner in which the statewide School-to-Work Opportunities system will be expanded over time to cover all geographic

areas in the State, including urban and rural areas; (3) describe the procedure by which the individuals and entities described in subsection (b)(4) will collaborate in the

implementation of the School-to-Work Opportunities system; (4) demonstrate the support of individuals and entities

described in subparagraphs (A) through (J) of subsection (b)(4)

for the plan, except in the case where the Governor is unable

to obtain the support of such individuals and entities as provided in subsection (a)(2);

(5) describe the manner in which the State has obtained

and will continue to obtain the active and continued involvement, in the statewide School-to-Work Opportunities system,

of employers and other interested parties such as locally elected

officials, secondary schools and postsecondary educational

institutions (or related agencies), business associations, industrial extension centers, employees, labor organizations or

associations of such organizations, teachers, related services

personnel, students, parents, community-based organizations,

rehabilitation agencies and organizations, registered

apprenticeship agencies, local vocational educational agencies,

vocational student organizations, State or regional cooperative

education associations, and human service agencies;

(6) describe the manner in which the statewide Schoolto-Work Opportunities system will coordinate with or integrate

local school-to-work programs in existence on or after the date

of the enactment of this Act, including programs financed from
H. R. 2884—18

State and private sources, with funds available from such

related Federal programs as programs under—

(A) the Adult Education Act (20 U.S.C. 1201 et seq.);

(B) the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.);

(C) the Elementary and Secondary Education Act of

1965 (20 U.S.C. 2701 et seq.);

(D) the Higher Education Act of 1965 (20 U.S.C. 1001

et seq.);

(E) part F of title IV of the Social Security Act (42

U.S.C. 681 et seq.);

(F) the Goals 2000: Educate America Act;

(G) the National Skills Standards Act of 1994;

(H) the Individuals with Disabilities Education Act

(20 U.S.C. 1400 et seq.);

(I) the Job Training Partnership Act (29 U.S.C. 1501

et seq.);

(J) the Act of August 16, 1937 (commonly known as

the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter

663; 29 U.S.C. 50 et seq.);

(K) the Rehabilitation Act of 1973 (29 U.S.C. 701 et

seq.); and

(L) the National and Community Service Act of 1990

(42 U.S.C. 12501 et seq.);

(7) describe the strategy of the State 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;

(8) describe how the State will adopt, develop, or assist

local partnerships to adopt or develop model curricula and

innovative instructional methodologies, to be used in the

secondary, and where possible, the elementary grades, that

integrate academic and vocational learning and promote career

awareness, and that are consistent with academic and skill

standards established pursuant to the Goals 2000: Educate

America Act and the National Skill Standards Act of 1994;

(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 of the school system; (10) describe the strategy of the State for integrating academic and vocational education;

(11) describe the resources, including private sector

resources, the State intends to employ in maintaining the statewide School-to-Work Opportunities system when funds under

this Act are no longer available;

(12) describe the extent to which the statewide Schoolto-Work Opportunities system will include programs that will

require paid high-quality, work-based learning experiences, and

the steps the State will take to generate such paid experiences;

(13) describe the manner in which the State will ensure

effective and meaningful opportunities for all students in the

State to participate in School-to-Work Opportunities programs;
H. R. 2884—19

(14) describe the goals of the State and the methods the

State will use, such as awareness and outreach, to ensure

opportunities for young women to participate in School-to-Work

Opportunities programs in a manner that leads to employment

in high-performance, high-paying jobs, including nontraditional

employment, and goals to ensure an environment free from

racial and sexual harassment;

(15) describe how the State will ensure opportunities for

low achieving students, students with disabilities, school dropouts, and academically talented students to participate in

School-to-Work Opportunities programs;

(16) describe the process of the State for assessing the

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 the manner in which the State will ensure

that students participating in the programs are provided, to

the greatest extent possible, with flexibility to develop new

career goals over time and to change career majors;

(18) describe the manner in which the State will, to the

extent feasible, continue programs funded under title III in

the statewide School-to-Work Opportunities system;

(19) describe how the State will serve students from rural

communities with low population densities;

(20) describe how local School-to-Work Opportunities programs, including those funded under title III, if any, will be

integrated into the statewide School-to-Work Opportunities

system; (21) describe the performance standards that the State

intends to meet in establishing and carrying out the statewide

School-to-Work Opportunities system, including how such

standards relate to those performance standards established

under other related programs; (22) designate a fiscal agent to receive and be accountable

for funds provided from a grant under section 212; and (23) describe the procedures to facilitate the entry of students participating in a School-to-Work Opportunities program

into additional training or postsecondary education programs,

as well as to facilitate the transfer of the students between

education and training programs.

SEC. 214. REVIEW OF APPLICATION.

(a) CONSIDERATIONS.—In evaluating applications submitted

under section 213, the Secretaries shall—

(1) give priority to applications that describe the highest

levels of concurrence by the individuals and entities described

in section 213(b)(4) with the State plan for the statewide Schoolto-Work Opportunities system;

(2) give priority to applications that require paid, highquality work-based learning experiences as an integral part

of such system; and

(3) take into consideration the quality of the application,

including the replicability, sustainability, and innovation of

School-to-Work Opportunities programs described in the

application.

(b) APPROVAL CRITERIA.—The Secretaries—
H. R. 2884—20

(1) shall approve only those applications submitted under

section 213 that demonstrate the highest levels of collaboration

by the individuals and entities described in section 213(b)(4)

in the development and implementation of the statewide Schoolto-Work system;

(2) shall approve an application submitted under section

213 only if the State provides the assurances described in

section 206(a) (relating to maintenance of effort) in accordance

with such section, except that this requirement may be waived

in accordance with section 206(b); and

(3) may approve an application submitted under section

213 only if the State demonstrates in the application—

(A) that other Federal, State, and local resources will

be used to implement the proposed State plan;

(B) the extent to which such plan would limit administrative costs and increase amounts spent on delivery of

services to students enrolled in programs under this Act;

(C) that the State, where appropriate, will ensure the

establishment of a partnership in at least 1 urban and

1 rural area in the State; and

(D) that the State plan contained in such application

is consistent with the State improvement plan for the State,

if any, under the Goals 2000: Educate America Act.

(c) ACTIONS.—

(1) IN GENERAL.—In reviewing each application submitted

under section 213, the Secretaries shall determine whether

the application and the plan described in such application meet

the approval criteria in subsection (b).

(2) ACTIONS AFTER AFFIRMATIVE DETERMINATION.—If the

determination under paragraph (1) is affirmative, the Secretaries may take 1 or more of the following actions:

(A) Provide an implementation grant under section

212 to the State submitting the application.

(B) Approve the request of the State, if any, for a

waiver in accordance with the procedures set forth in title

V.

(3) ACTION AFTER NONAFFIRMATIVE DETERMINATION.—If the

determination under paragraph (1) is not affirmative, the Secretaries shall inform the State of the opportunity to apply

for development funds under subtitle A in accordance with

such subtitle.

(d) USE OF FUNDS FOR REVIEW OF APPLICATIONS.—The Secretaries may use amounts reserved under section 605(b)(4) for the review

of applications submitted under section 213.

SEC. 215. USE OF AMOUNTS.

(a) IN GENERAL.—The Secretaries may not provide an

implementation grant under section 212 to a State unless the

State agrees that the State will use all amounts received from

such grant to implement the statewide School-to-Work Opportunities system in accordance with this section.

(b) SUBGRANTS TO LOCAL PARTNERSHIPS.—

(1) AUTHORITY.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the State shall provide subgrants to local partnerships,

according to criteria established by the State, for the pur-
H. R. 2884—21

pose of carrying out School-to-Work Opportunities programs.

(B) PROHIBITION.—The State shall not provide

subgrants to local partnerships that have received

implementation grants under title III, except that this

prohibition shall not apply with respect to local partnerships that are located in high poverty areas, as such term

is defined in section 307.

(2) APPLICATION.—A local partnership that seeks a

subgrant to carry out a local School-to-Work Opportunities

program, including a program initiated under section 302, shall

submit an application to the State that—

(A) describes how the program will include the program

components described in sections 102, 103, and 104 and

otherwise meet the requirements of this Act;

(B) sets forth measurable program goals and outcomes;

(C) describes the local strategies and timetables of

the local partnership to provide opportunities for all students in the area served to participate in a School-toWork Opportunities program;

(D) describes the extent to which the program will

require paid high-quality, work-based learning experiences,

and the steps the local partnerships will take to generate

such paid experiences;

(E) describes the process that will be used to ensure

employer involvement in the development and implementation of the local School-to-Work Opportunities program;

(F) provides assurances that, to the extent practicable,

opportunities provided to students to participate in a

School-to-Work Opportunities program will be in industries

and occupations offering high-skill, high-wage employment

opportunities;

(G) provides such other information as the State may

require; and

(H) is submitted at such time and in such form as

the State may require.

(3) DISAPPROVAL OF APPLICATION.—If the State determines

that an application submitted by a local partnership does not

meet the criteria under paragraph (2), or that the application

is incomplete or otherwise unsatisfactory, the State shall—

(A) notify the local partnership of the reasons for the

failure to approve the application; and

(B) permit the local partnership to resubmit a corrected

or amended application.

(4) ALLOWABLE ACTIVITIES.—A local partnership shall

expend funds provided through subgrants under this subsection

only for activities undertaken to carry out local School-to-Work

Opportunities programs, and such activities may include, for

each such program—

(A) recruiting and providing assistance to employers,

including small- and medium-size businesses, to provide

the work-based learning components described in section

103;

(B) establishing consortia of employers to support the

School-to-Work Opportunities program and provide access

to jobs related to the career majors of students;
H. R. 2884—22

(C) supporting or establishing intermediaries (selected

from among the members of the local partnership) to perform the activities described in section 104 and to provide

assistance to students or school dropouts in obtaining jobs

and further education and training;

(D) designing or adapting school curricula that can

be used to integrate academic, vocational, and occupational

learning, school-based and work-based learning, and

secondary and postsecondary education for all students

in the area served;

(E) providing training to work-based and school-based

staff on new curricula, student assessments, student guidance, and feedback to the school regarding student

performance;

(F) establishing, in schools participating in the Schoolto-Work Opportunities program, a graduation assistance

program to assist at-risk students, low-achieving students,

and students with disabilities, in graduating from high

school, enrolling in postsecondary education or training,

and finding or advancing in jobs;

(G) providing career exploration and awareness services, counseling and mentoring services, college awareness

and preparation services, and other services (beginning

at the earliest possible age, but not later than the 7th

grade) to prepare students for the transition from school

to work;

(H) providing supplementary and support services,

including child care and transportation, when such services

are necessary for participation in a local School-to-Work

Opportunities program; (I) conducting or obtaining an in-depth analysis of the

local labor market and the generic and specific skill needs

of employers to identify high-demand, high-wage careers

to target; (J) integrating school-based and work-based learning

into job training programs that are for school dropouts

and that are in existence on or after the date of the enactment of this Act;

(K) establishing or expanding school-to-apprenticeship

programs in cooperation with registered apprenticeship

agencies and apprenticeship sponsors; (L) assisting participating employers, including smalland medium-size businesses, to identify and train

workplace mentors and to develop work-based learning

components;

(M) promoting the formation of partnerships between

elementary schools and secondary schools (including middle

schools) and local businesses as an investment in future

workplace productivity and competitiveness;

(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;

(O) enhancing linkages between after-school, weekend,

and summer jobs, career exploration, and school-based

learning; and
H. R. 2884—23

(P) obtaining the assistance of organizations and

institutions that have a history of success in working with

school dropouts and at-risk and disadvantaged youths in

recruiting such school dropouts and youths to participate

in the local School-to-Work Opportunities program.

(5) LOCAL PARTNERSHIP COMPACT.—The State may not provide a subgrant under paragraph (1) to a local partnership

unless the partnership agrees that the local partnership will

establish a process by which the responsibilities and expectations of students, parents, employers, and schools are clearly

established and agreed upon at the point of entry of the student

into a career major program of study.

(6) ADMINISTRATIVE COSTS.—The local partnership may not

use more than 10 percent of amounts received from a subgrant

under paragraph (1) for any fiscal year for administrative costs

associated with activities in carrying out, but not including,

activities under paragraphs (4) and (5) for such fiscal year.

(7) ALLOCATION REQUIREMENTS.—

(A) FIRST YEAR.—In the 1st fiscal year for which a

State receives amounts from a grant under section 212,

the State shall use not less than 70 percent of such amounts

to provide subgrants to local partnerships under paragraph

(1).

(B) SECOND YEAR.—In the 2d fiscal year for which

a State receives amounts from a grant under section 212,

the State shall use not less than 80 percent of such amounts

to provide subgrants to local partnerships under paragraph

(1).

(C) THIRD YEAR AND SUCCEEDING YEARS.—In the 3d

fiscal year for which a State receives amounts from a

grant under section 212, and in each succeeding year,

the State shall use not less than 90 percent of such amounts

to provide subgrants to local partnerships under paragraph

(1).

(c) ADDITIONAL STATE ACTIVITIES.—In carrying out the statewide School-to-Work Opportunities system, the State may also—

(1) recruit and provide assistance to employers to provide

work-based learning for all students;

(2) conduct outreach activities to promote and support

collaboration, in School-to-Work Opportunities programs, by

businesses, labor organizations, and other organizations;

(3) provide training for teachers, employers, workplace

mentors, school site mentors, counselors, related services

personnel, and other parties;

(4) provide labor market information to local partnerships

that is useful in determining which high-skill, high-wage

occupations are in demand;

(5) design or adapt model curricula that can be used to

integrate academic, vocational, and occupational learning,

school-based and work-based learning, and secondary and postsecondary education, for all students in the State;

(6) design or adapt model work-based learning programs

and identify best practices for such programs;

(7) conduct outreach activities and provide technical assistance to other States that are developing or implementing

School-to-Work Opportunities systems;
H. R. 2884—24

(8) reorganize and streamline school-to-work programs in

the State to facilitate the development of a comprehensive

statewide School-to-Work Opportunities system;

(9) identify ways that local school-to-work programs in

existence on or after the date of the enactment of this Act

could be integrated with the statewide School-to-Work

Opportunities system;

(10) design career awareness and exploration activities

(beginning at the earliest possible age, but not later than the

7th grade), such as job shadowing, job site visits, school visits

by individuals in various occupations, and mentoring;

(11) design and implement school-sponsored work experiences, such as school-sponsored enterprises and community

development projects;

(12) promote the formation of partnerships between

elementary schools and secondary schools (including middle

schools) and local businesses as an investment in future workplace productivity and competitiveness;

(13) obtain the assistance of organizations and institutions

that have a history of success in working with school dropouts

and at-risk and disadvantaged youths in recruiting such school

dropouts and youths to participate in the statewide Schoolto-Work Opportunities system;

(14) conduct outreach to all students in a manner that

most appropriately meets their needs and the needs of their

communities; and

(15) provide career exploration and awareness services,

counseling and mentoring services, college awareness and

preparation services, and other services (beginning at the earliest possible age, but not later than the 7th grade) to prepare

students for the transition from school to work.

SEC. 216. ALLOCATION REQUIREMENT.

The Secretaries shall establish the minimum and maximum

amounts available for an implementation grant under section 212,

and shall determine the actual amount granted to any State under

such section, based on such criteria as the scope and quality of

the plan described in section 213(d) and the number of projected

participants in programs carried out through the system.

SEC. 217. LIMITATION ON ADMINISTRATIVE COSTS.

A State that receives an implementation grant under section

212 may not use more than 10 percent of the amounts received

through the grant for any fiscal year for administrative costs associated with implementing the statewide School-to-Work Opportunities

system for such fiscal year.

SEC. 218. REPORTS.

The Secretaries may not provide an implementation grant

under section 212 to a State unless the State agrees that the

State will submit to the Secretaries such reports as the Secretaries

may reasonably require, relating to the use of amounts from such

grant, except that the Secretaries may not require more than 1

such report during any 3-month period.
H. R. 2884—25

Subtitle C—Development and Implementation Grants for School-to-Work Programs

for Indian Youths

SEC. 221. AUTHORIZATION.

(a) IN GENERAL.—From amounts reserved under section

605(b)(2), the Secretaries shall provide grants to establish and

carry out School-to-Work Opportunities programs for Indian youths

that involve Bureau funded schools (as defined in section 1139(3)

of the Education Amendments of 1978 (25 U.S.C. 2019(3))).

(b) ADDITIONAL AUTHORITIES.—The Secretaries may carry out

subsection (a) through such means as the Secretaries find appropriate, including—

(1) the transfer of funds to the Secretary of the Interior;

and

(2) the provision of financial assistance to Indian tribes

and Indian organizations.

SEC. 222. REQUIREMENTS.

In providing grants under section 221, the Secretaries shall

require recipients of such grants to comply with requirements similar to those requirements imposed on States under subtitles A

and B of this title.

TITLE III—FEDERAL IMPLEMENTATION

GRANTS TO LOCAL PARTNERSHIPS

SEC. 301. PURPOSES.

The purposes of this title are—

(1) to authorize the Secretaries to provide competitive

grants directly to local partnerships in order to provide funding

for communities that have built a sound planning and development base for School-to-Work Opportunities programs and are

ready to begin implementing a local School-to-Work Opportunities program; and

(2) to authorize the Secretaries to provide competitive

grants to local partnerships to implement School-to-Work

Opportunities programs in high poverty areas of urban and

rural communities to provide support for a comprehensive range

of education, training, and support services for youths residing

in such areas.

SEC. 302. AUTHORIZATION.

(a) GRANTS TO LOCAL PARTNERSHIPS.—

(1) IN GENERAL.—Subject to paragraph (2), the Secretaries

may provide implementation grants, in accordance with

competitive criteria established by the Secretaries, directly to

local partnerships in States in such amounts as the Secretaries

determine to be necessary to enable such partnerships to implement School-to-Work Opportunities programs.

(2) RESTRICTIONS.—A local partnership—

(A) shall be eligible to receive only 1 grant under

this subsection; and
H. R. 2884—26

(B) shall not be eligible to receive a grant under this

subsection if such partnership is located in a State that—

(i) has been provided an implementation grant

under section 212; and

(ii) has received amounts from such grant for any

fiscal year after the 1st fiscal year under such grant.

(b) GRANTS TO LOCAL PARTNERSHIPS IN HIGH POVERTY AREAS.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), the

Secretaries shall, from amounts reserved under section

605(b)(3), provide grants to local partnerships that are located

in high poverty areas in States in such amounts as the Secretaries determine to be necessary to enable such partnerships to

implement School-to-Work Opportunities programs in such

areas.

(2) RESTRICTION.—A local partnership shall be eligible to

receive only 1 grant under this subsection.

(3) PRIORITY.—In providing grants under paragraph (1),

the Secretaries shall give priority to local partnerships that

have a demonstrated effectiveness in the delivery of comprehensive vocational preparation programs with successful rates in

job placement through cooperative activities among local educational agencies, local businesses, labor organizations, and

other organizations.

(c) PERIOD OF GRANT.—The provision of payments under a

grant under subsection (a) or (b) shall not exceed 5 fiscal years

and shall be subject to the annual approval of the Secretaries

and subject to the availability of appropriations for the fiscal year

involved to make the payments.

SEC. 303. APPLICATION.

(a) IN GENERAL.—A local partnership that desires to receive

a Federal implementation grant under section 302 shall submit

an application to the Secretaries at such time and in such form

as the Secretaries may require. The local partnership shall submit

the application to the State for review and comment before submitting the application to the Secretaries. (b) TIME LIMIT FOR STATE REVIEW AND COMMENT.— (1) IN GENERAL.—The State shall provide for review and

comment on the application under subsection (a) not later than

30 days after the date on which the State receives the application from the local partnership.

(2) SUBMISSION WITHOUT STATE REVIEW AND COMMENT.— If the State does not provide review and comment within the

30-day time period specified in paragraph (1), the local partnership may submit the application to the Secretaries without

first obtaining such review and comment.

(c) CONTENTS.—The application described in subsection (a) shall

include a plan for local School-to-Work Opportunities programs

that—

(1) describes the manner in which the local partnership

will meet the requirements of this Act;

(2) includes the comments of the State on the plan, if

any;

(3) contains information that is consistent with the information required to be submitted as part of a State plan in accordance with paragraphs (5) through (17) and paragraph (23)

of section 213(d);
H. R. 2884—27

(4) designates a fiscal agent to receive and be accountable

for funds under this section; and

(5) provides such other information as the Secretaries may

require.

(d) USE OF FUNDS FOR REVIEW OF APPLICATIONS.—The Secretaries may use amounts reserved under section 605(b)(4) for the review

of applications submitted under subsection (a).

SEC. 304. USE OF AMOUNTS.

The Secretaries may not provide an implementation grant

under section 302 to a local partnership unless the partnership

agrees that it will use all amounts from such grant to carry out

activities to implement a School-to-Work Opportunities program,

including the activities described in section 215(b)(4).

SEC. 305. CONFORMITY WITH APPROVED STATE PLAN.

The Secretaries shall not provide a grant under section 302

to a local partnership in a State that has an approved State plan

unless the Secretaries determine, after consultation with the State,

that the plan submitted by the partnership is in accordance with

such approved State plan.

SEC. 306. REPORTS.

The Secretaries may not provide an implementation grant

under section 302 to a local partnership unless the partnership

agrees that the local partnership will submit to the Secretaries

such reports as the Secretaries may reasonably require, relating

to the use of amounts from such grant, except that the Secretaries

may not require more than 1 such report during any 3-month

period.

SEC. 307. HIGH POVERTY AREA DEFINED.

For purposes of this title, the term ‘‘high poverty area’’ means

an urban census tract, a contiguous group of urban census tracts,

a block number area in a nonmetropolitan county, a contiguous

group of block number areas in a nonmetropolitan county, or an

Indian reservation (as defined in section 403(9) of the Indian Child

Protection and Family Violence Prevention Act (25 U.S.C. 3202(9))),

with a poverty rate of 20 percent or more among individuals who

have not attained the age of 22, as determined by the Bureau

of the Census.

TITLE IV—NATIONAL PROGRAMS

SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER PROJECTS.

(a) IN GENERAL.—The Secretaries shall conduct research and

development projects and establish a program of experimental and

demonstration projects, to further the purposes of this Act.

(b) ADDITIONAL USE OF FUNDS.—The Secretaries may provide

assistance for programs or services authorized under any other

provision of this Act that are most appropriately administered at

the national level and that will operate in, or benefit, more than

1 State.

SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

(a) IN GENERAL.—The Secretaries, in collaboration with the

States, shall by grant, contract, or otherwise, establish a system
H. R. 2884—28

of performance measures for assessing State and local programs

regarding—

(1) progress in the development and implementation of

State plans described in section 213(d) that include the basic

program components described in sections 102, 103, and 104

and otherwise meet the requirements of title I;

(2) participation in School-to-Work Opportunities programs

by employers, schools, students, and school dropouts, including

information on the gender, race, ethnicity, socioeconomic background, limited-English proficiency, and disability of all participants and whether the participants are academically talented

students;

(3) progress in developing and implementing strategies for

addressing the needs of students and school dropouts;

(4) progress in meeting the goals of the State to ensure

opportunities for young women to participate in School-to-Work

Opportunities programs, including participation in nontraditional employment through such programs;

(5) outcomes for participating students and school dropouts,

by gender, race, ethnicity, socioeconomic background, limitedEnglish proficiency, and disability of the participants, and

whether the participants are academically talented students,

including information on—

(A) academic learning gains;

(B) staying in school and attaining—

(i) a high school diploma, or a general equivalency

diploma, or an alternative diploma or certificate for

those students with disabilities for whom such alternative diploma or certificate is appropriate;

(ii) a skill certificate; and

(iii) a postsecondary degree; (C) attainment of strong experience in and understanding of all aspects of the industry the students are preparing

to enter;

(D) placement and retention in further education or

training, particularly in the career major of the student;

and

(E) job placement, retention, and earnings, particularly

in the career major of the student; and

(6) the extent to which the program has met the needs

of employers.

(b) EVALUATION.—Not later than September 30, 1998, the Secretaries shall complete a national evaluation of School-to-Work

Opportunities programs funded under this Act by grants, contracts,

or otherwise, that will track and assess the progress of implementation of State and local programs and their effectiveness based

on measures such as those measures described in subsection (a).

(c) REPORTS TO THE SECRETARIES.—

(1) IN GENERAL.—Each State shall prepare and submit

to the Secretaries periodic reports, at such intervals as the

Secretaries may determine, containing information regarding

the matters described in paragraphs (1) through (6) of subsection (a).

(2) FEDERAL PROGRAMS.—Each State shall prepare and

submit reports to the Secretaries, at such intervals as the

Secretaries may determine, containing information on the

extent to which Federal programs that are in existence on
H. R. 2884—29

the date of submission of the report and that are implemented

at the State or local level may be duplicative, outdated, overly

restrictive, or otherwise counterproductive to the development

of comprehensive statewide School-to-Work Opportunities systems.

SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

(a) PURPOSE.—The Secretaries shall work in cooperation with the States, the individuals assigned under section 111(b)(1) of the

Carl D. Perkins Vocational and Applied Technology Education Act

(20 U.S.C. 2321(b)(1)), employers and their associations, secondary

schools and postsecondary educational institutions, student and

teacher organizations, labor organizations, and community-based

organizations, to increase their capacity to develop and implement

effective School-to-Work Opportunities programs. (b) AUTHORIZED ACTIVITIES.—The Secretaries shall provide,

through grants, contracts, or otherwise— (1) training, technical assistance, and other activities that will—

(A) enhance the skills, knowledge, and expertise of the personnel involved in planning and implementing State

and local School-to-Work Opportunities programs, such as

training of the personnel to assist students; and (B) improve the quality of services provided to individ- uals served under this Act;

(2) assistance to States and local partnerships involved

in carrying out School-to-Work Opportunities programs in order

to integrate resources available under this Act with resources

available under other Federal, State, and local authorities;

(3) assistance to States and such local partnerships, including local partnerships in rural communities with low population

densities or in urban areas, to recruit employers to provide

the work-based learning component, described in section 103,

of School-to-Work Opportunities programs; and (4) assistance to States and local partnerships involved

in carrying out School-to-Work Opportunities programs to

design and implement school-sponsored enterprises.

SEC. 404. CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK.

The Secretaries, acting through such mechanisms as the Capac- ity Building and Information and Dissemination Network established under section 453(b) of the Job Training Partnership Act

(29 U.S.C. 1733(b)), the Educational Resources Information Center

Clearinghouses referred to in the Educational Research, Development, Dissemination, and Improvement Act of 1994, and the

National Network for Curriculum Coordination in Vocational and

Technical Education under section 402(c) of the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C.

2402(c)), shall—

(1) collect and disseminate information—

(A) on successful School-to-Work Opportunities programs and innovative school- and work-based curricula;

(B) on research and evaluation conducted concerning

school-to-work activities;

(C) that will assist States and local partnerships in

undertaking labor market analysis, surveys, or other activities related to economic development;
H. R. 2884—30

(D) on skill certificates, skill standards, and related

assessment technologies; and

(E) on methods for recruiting and building the capacity

of employers to provide work-based learning opportunities;

and

(2) facilitate communication and the exchange of information and ideas among States and local partnerships carrying

out School-to-Work Opportunities programs.

SEC. 405. REPORTS TO CONGRESS.

(a) IN GENERAL.—Not later than 24 months after the date

of the enactment of this Act, and every 12 months thereafter,

the Secretaries shall prepare and submit a report to the Congress

on all activities carried out pursuant to this Act.

(b) CONTENTS.—The Secretaries shall, at a minimum, include

in each such report—

(1) information concerning the programs that receive assistance under this Act;

(2) a summary of the information contained in the State

and local partnership reports submitted under titles II and

III and section 402(c); and

(3) information regarding the findings and actions taken

as a result of any evaluation conducted by the Secretaries.

SEC. 406. FUNDING.

The Secretaries shall use funds reserved under section 605(b)(4)

to carry out activities under this title.

TITLE V—WAIVER OF STATUTORY AND

REGULATORY REQUIREMENTS

SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND RESPONSIBILITIES FOR WAIVERS.

(a) STATE REQUEST FOR WAIVER.—A State may submit to the

Secretaries a request for a waiver of 1 or more requirements of

the provisions of law referred to in sections 502 and 503, or of

the regulations issued under such provisions, in order to carry

out the statewide School-to-Work Opportunities system established

by such State under subtitle B of title II. The State may submit

the request as a part of the application described in section 213

(or as an amendment to the application at any time after submission

of the application). Such request may include a request for different

waivers with respect to different areas within the State.

(b) LOCAL PARTNERSHIP REQUEST FOR WAIVER.—

(1) IN GENERAL.—A local partnership that seeks a waiver

of such a requirement shall submit an application for such

waiver to the State, and the State shall determine whether

to submit a request for a waiver to the Secretaries, as provided

in subsection (a).

(2) TIME LIMIT.—

(A) IN GENERAL.—The State shall make a determination to submit or not submit the request for a waiver

under paragraph (1) not later than 30 days after the date

on which the State receives the application from the local

partnership.

(B) DIRECT SUBMISSION.—
H. R. 2884—31

(i) IN GENERAL.—If the State does not make a

determination to submit or not submit the request

within the 30-day time period specified in subparagraph (A), the local partnership may submit the

application to the Secretaries.

(ii) REQUIREMENTS.—In submitting such an

application, the local partnership shall obtain the

agreement of the State involved to comply with the

requirements of section 502(a)(1)(C) or 503(a)(1)(C), as

appropriate, and comply with the other requirements

of section 502 or 503, as appropriate, and of subsections

(c) and (d), that would otherwise apply to a State

submitting a request for a waiver. In reviewing such

an application, the Secretaries shall comply with the

requirements of such section and such subsections that

would otherwise apply to the Secretaries with respect

to review of such a request.

(c) WAIVER CRITERIA.—Any such request by the State shall

meet the criteria contained in section 502 or 503 and shall specify

the provisions or regulations referred to in such sections with

respect to which the State seeks a waiver.

(d) SUPPORT BY APPROPRIATE STATE AGENCIES.—In requesting

such a waiver, the State shall provide evidence of support for

the waiver request by the State agencies or officials with jurisdiction

over the provisions or regulations that would be waived.

SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDUCATION.

(a) WAIVER AUTHORITY.— (1) IN GENERAL.—Except as provided in subsection (c), the

Secretary of Education may waive any requirement under any

provision of law referred to in subsection (b), or of any regulation issued under such provision, for a State that requests

such a waiver and has an approved State plan—

(A) if, and only to the extent that, the Secretary of

Education determines that such requirement impedes the

ability of the State or a local partnership to carry out

the purposes of this Act;

(B) if the State provides the Secretary of Education

with documentation of the necessity for the waiver, including information concerning— (i) the specific requirement that will be waived;

(ii) the specific positive outcomes expected from

the waiver and why those outcomes cannot be achieved

while complying with the requirement; (iii) the process that will be used to monitor the

progress of the State or local partnership in implementing the waiver; and

(iv) such other information as the Secretary of

Education may require;

(C) if the State waives, or agrees to waive, similar

requirements of State law; and

(D) if the State—

(i) has provided all local partnerships that carry

out programs under this Act, and local educational

agencies participating in such a local partnership, in

the State with notice and an opportunity to comment

on the proposal of the State to seek a waiver;
H. R. 2884—32

(ii) provides, to the extent feasible, to students,

parents, advocacy and civil rights groups, and labor

and business organizations an opportunity to comment

on the proposal of the State to seek a waiver; and

(iii) has submitted the comments of the local partnerships and local educational agencies to the Secretary of Education.

(2) APPROVAL OR DISAPPROVAL.—The Secretary of Education

shall promptly approve or disapprove any request submitted

pursuant to paragraph (1) and shall issue a decision that shall—

(A) include the reasons for approving or disapproving

the request, including a response to comments on the proposal; and

(B) in the case of a decision to approve the request,

be disseminated by the State seeking the waiver to

interested parties, including educators, parents, students,

advocacy and civil rights organizations, labor and business

organizations, and the public.

(3) APPROVAL CRITERIA.—In approving a request under

paragraph (2), the Secretary of Education shall consider the

amount of State resources that will be used to implement

the approved State plan.

(4) TERM.—Each waiver approved pursuant to this subsection shall be for a period not to exceed 5 years, except

that the Secretary of Education may extend such period if

the Secretary of Education determines that the waiver has

been effective in enabling the State or local partnership to

carry out the purposes of this Act.

(b) INCLUDED PROGRAMS.—The provisions subject to the waiver

authority of this section are—

(1) chapter 1 of title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2701 et seq.), including the

Even Start programs carried out under part B of such chapter

(20 U.S.C. 2741 et seq.);

(2) part A of chapter 2 of title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 2921 et seq.);

(3) part A of title II of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 2981 et seq.);

(4) part D of title IV of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 3121 et seq.);

(5) title V of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 3171 et seq.); and

(6) the Carl D. Perkins Vocational and Applied Technology

Education Act (20 U.S.C. 2301 et seq.).

(c) WAIVERS NOT AUTHORIZED.—The Secretary of Education

may not waive any requirement of any provision referred to in

subsection (b), or of any regulation issued under such provision,

relating to—

(1) the basic purposes or goals of such provision;

(2) maintenance of effort;

(3) comparability of services;

(4) the equitable participation of students attending private

schools;

(5) student and parental participation and involvement;

(6) the distribution of funds to State or local educational

agencies;
H. R. 2884—33

(7) the eligibility of an individual for participation in a

program under such provision;

(8) public health or safety, labor standards, civil rights,

occupational safety and health, or environmental protection;

or

(9) prohibitions or restrictions relating to the construction

of buildings or facilities.

(d) TERMINATION OF WAIVERS.—The Secretary of Education

shall periodically review the performance of any State, local partnership, or local educational agency, for which the Secretary of Education has granted a waiver under this section and shall terminate

the waiver under this section if the Secretary of Education determines that the performance of the State, local partnership, or

local educational agency that is affected by the waiver has been

inadequate to justify a continuation of the waiver, or the State

fails to waive similar requirements of State law as required or

agreed to in accordance with subsection (a)(1)(C).

SEC. 503. WAIVER AUTHORITY OF SECRETARY OF LABOR.

(a) WAIVER AUTHORITY.—

(1) IN GENERAL.—Except as provided in subsection (b), the

Secretary of Labor may waive any requirement under any

provision of the Job Training Partnership Act (29 U.S.C. 1501

et seq.), or of any regulation issued under such provision,

for a State that requests such a waiver and has an approved

State plan—

(A) if, and only to the extent that, the Secretary of

Labor determines that such requirement impedes the ability of the State or a local partnership to carry out the

purposes of this Act;

(B) if the State provides the Secretary of Labor with

documentation of the necessity for the waiver, including

information concerning—

(i) the specific requirement that will be waived;

(ii) the specific positive outcomes expected from

the waiver and why those outcomes cannot be achieved

while complying with the requirement;

(iii) the process that will be used to monitor the

progress of the State or local partnership in implementing the waiver; and

(iv) such other information as the Secretary of

Labor may require;

(C) if the State waives, or agrees to waive, similar

requirements of State law; and

(D) if the State—

(i) has provided all local partnerships that carry

out programs under this Act in the State with notice

and an opportunity to comment on the proposal of

the State to seek a waiver;

(ii) provides, to the extent feasible, to students,

parents, advocacy and civil rights groups, and labor

and business organizations an opportunity to comment

on the proposal of the State to seek a waiver; and

(iii) has submitted the comments of the local partnerships to the Secretary of Labor.
H. R. 2884—34

(2) APPROVAL OR DISAPPROVAL.—The Secretary of Labor

shall promptly approve or disapprove any request submitted

pursuant to paragraph (1) and shall issue a decision that shall—

(A) include the reasons for approving or disapproving

the request, including a response to comments on the proposal; and

(B) in the case of a decision to approve the request,

be disseminated by the State seeking the waiver to

interested parties, including educators, parents, students,

advocacy and civil rights organizations, labor and business

organizations, and the public.

(3) APPROVAL CRITERIA.—In approving a request under

paragraph (2), the Secretary of Labor shall consider the amount

of State resources that will be used to implement the approved

State plan.

(4) TERM.—Each waiver approved pursuant to this subsection shall be for a period not to exceed 5 years, except

that the Secretary of Labor may extend such period if the

Secretary of Labor determines that the waiver has been effective in enabling the State or local partnership to carry out

the purposes of this Act.

(b) WAIVERS NOT AUTHORIZED.—The Secretary of Labor may

not waive any requirement under any provision of the Job Training

Partnership Act (29 U.S.C. 1501 et seq.), or of any regulation

issued under such provision, relating to—

(1) the basic purposes or goals of such provision;

(2) maintenance of effort;

(3) the distribution of funds;

(4) the eligibility of an individual for participation in a

program under such provision;

(5) public health or safety, labor standards, civil rights,

occupational safety and health, or environmental protection;

or

(6) prohibitions or restrictions relating to the construction

of buildings or facilities.

(c) TERMINATION OF WAIVERS.—The Secretary of Labor shall

periodically review the performance of any State or local partnership

for which the Secretary of Labor has granted a waiver under this

section and shall terminate the waiver under this section if the

Secretary of Labor determines that the performance of the State

or local partnership affected by the waiver has been inadequate

to justify a continuation of the waiver, or the State fails to waive

similar requirements of State law as required or agreed to in

accordance with subsection (a)(1)(C).

SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH POVERTY

SCHOOLS.

(a) IN GENERAL.—

(1) PURPOSES.—The purposes of this section are—

(A) to integrate activities under this Act with schoolto-work activities carried out under other Acts; and

(B) to maximize the effective use of resources.

(2) COMBINATION OF FUNDS.—To carry out such purposes,

a local partnership that receives assistance under title II or

III may carry out schoolwide school-to-work activities in schools

that meet the requirements of subparagraphs (A) and (B) of
H. R. 2884—35

section 263(g)(1) of the Job Training Partnership Act (29 U.S.C.

1643(g)(1) (A) and (B)) with funds obtained by combining—

(A) Federal funds under this Act; and

(B) other Federal funds made available from among

programs under—

(i) the provisions of law listed in paragraphs (2)

through (6) of section 502(b); and

(ii) the Job Training Partnership Act (29 U.S.C.

1501 et seq.).

(b) USE OF FUNDS.—A local partnership may use the Federal

funds combined under subsection (a) under the requirements of

this Act, except that the provisions relating to the matters specified

in paragraphs (1) through (6) and paragraphs (8) and (9) of section

502(c), and paragraphs (1) through (3) and paragraphs (5) and

(6) of section 503(b), that relate to the program through which

the funds described in subsection (a)(2)(B) were made available,

shall remain in effect with respect to the use of such funds.

(c) ADDITIONAL INFORMATION IN APPLICATION.—A local partnership seeking to combine funds under subsection (a) shall include

in the application of the local partnership under title II or III—

(1) a description of the funds the local partnership proposes

to combine under the requirements of this Act;

(2) the activities to be carried out with such funds;

(3) the specific outcomes expected of participants in

schoolwide school-to-work activities; and

(4) such other information as the State, or Secretaries,

as the case may be, may require.

(d) PROVISION OF INFORMATION.—The local partnership shall,

to the extent feasible, provide information on the proposed combination of Federal funds under subsection (a) to educators, parents,

students, advocacy and civil rights organizations, labor and business

organizations, and the public.

SEC. 505. COMBINATION OF FEDERAL FUNDS BY STATES FOR

SCHOOL-TO-WORK ACTIVITIES.

(a) IN GENERAL.— (1) PURPOSES.—The purposes of this section are—

(A) to integrate activities under this Act with State

school-to-work activities carried out under other Acts; and

(B) to maximize the effective use of resources.

(2) COMBINATION OF FUNDS.—To carry out such purposes,

a State that has an approved State plan may carry out activities

necessary to develop and implement a statewide School-toWork Opportunities system with funds obtained by combining— (A) Federal funds under this Act; and

(B) other Federal funds that are made available

under—

(i) section 102(a)(3) of the Carl D. Perkins Vocational Education and Applied Technology Education

Act (20 U.S.C. 2312(a)(3));

(ii) section 202(c)(1)(C) or section 262(c)(1)(C) of

the Job Training Partnership Act (29 U.S.C.

1602(c)(1)(C) or 1642(c)(1)(C));

(iii) section 202(c)(1)(B) of the Job Training Partnership Act that would otherwise be available for the

purposes described in section 202(c)(3) of such Act;

or
H. R. 2884—36

(iv) section 262(c)(1)(B) of the Job Training Partnership Act that would otherwise be available for the

purposes described in section 262(c)(3) of such Act.

(b) USE OF FUNDS.—A State may use, under the requirements

of this Act, Federal funds that are made available to the State

and combined under subsection (a) to carry out school-to-work

activities, except that the provisions relating to the matters specified

in section 502(c), and section 503(b), that relate to the program

through which the funds described in subsection (a)(2)(B) were

made available, shall remain in effect with respect to the use

of such funds.

(c) ADDITIONAL INFORMATION IN APPLICATION.—A State seeking

to combine funds under subsection (a) shall include in the application described in section 213—

(1) a description of the funds the State proposes to combine

under the requirements of this Act;

(2) the activities to be carried out with such funds;

(3) the specific outcomes expected of participants in schoolto-work activities;

(4) formal evidence of support for the request by the State

agencies or officials with jurisdiction over the funds that would

be combined; and

(5) such other information as the Secretaries may require.

(d) EXTENSION.—The authority of a State to combine funds

under this section shall not exceed 5 years, except that the Secretaries may extend such period if the Secretaries determine that an

extension of such authority would further the purposes of this

Act.

(e) LIMITATION.—Nothing in this section shall be construed

to relieve a State of an obligation to conduct the activities required

under section 201(b) of the Carl D. Perkins Vocational Education

and Applied Technology Education Act.

TITLE VI—GENERAL PROVISIONS

SEC. 601. REQUIREMENTS.

The following requirements shall apply to programs under this

Act:

(1) PROHIBITION ON DISPLACEMENT.—No student participating in such a program shall displace any currently employed

worker (including a partial displacement, such as a reduction

in the hours of nonovertime work, wages, or employment

benefits).

(2) PROHIBITION ON IMPAIRMENT OF CONTRACTS.—No such

program shall impair existing contracts for services or collective

bargaining agreements, and no such program that would be

inconsistent with the terms of a collective bargaining agreement

shall be undertaken without the written concurrence of the

labor organization and employer concerned.

(3) PROHIBITION ON REPLACEMENT.—No student participating in such a program shall be employed or fill a job— (A) when any other individual is on temporary layoff,

with the clear possibility of recall, from the same or any

substantially equivalent job with the participating

employer; or
H. R. 2884—37

(B) when the employer has terminated the employment

of any regular employee or otherwise reduced the workforce

of the employer with the intention of filling the vacancy

so created with the student.

(4) WORKPLACES.—Students participating in such programs

shall be provided with adequate and safe equipment and safe

and healthful workplaces in conformity with all health and

safety requirements of Federal, State, and local law.

(5) EFFECT ON OTHER LAWS.—Nothing in this Act shall

be construed to modify or affect any Federal or State law

prohibiting discrimination on the basis of race, religion, color,

ethnicity, national origin, gender, age, or disability, or to modify

or affect any right to enforcement of this Act that may exist

under other Federal laws, except as expressly provided by

this Act.

(6) PROHIBITION CONCERNING WAGES.—Funds appropriated

under authority of this Act shall not be expended for wages

of students or workplace mentors participating in such programs.

(7) OTHER REQUIREMENTS.—The Secretaries shall establish

such other requirements as the Secretaries may determine

to be appropriate, in order to ensure that participants in programs under this Act are afforded adequate supervision by

skilled adult workers, or to otherwise further the purposes

of this Act.

SEC. 602. SANCTIONS.

(a) TERMINATION OR SUSPENSION OF ASSISTANCE.— (1) IN GENERAL.—The Secretaries may terminate or suspend any financial assistance under this Act, in whole or in

part, or not make payments under a grant awarded under

this Act, if the Secretaries determine that a recipient has

failed to meet any requirements of this Act, including— (A) reporting requirements under section 402(c);

(B) regulations under this Act; or

(C) requirements of an approved State plan.

(2) NOTICE AND OPPORTUNITY FOR HEARING.—If the Secretaries terminate or suspend such financial assistance, or do

not make such payments under paragraph (1), with respect

to a recipient, then the Secretaries shall provide—

(A) prompt notice to such recipient; and

(B) the opportunity for a hearing to such recipient

not later than 30 days after the date on which such notice

is provided.

(b) NONDELEGATION.—The Secretaries shall not delegate any

of the functions or authority specified in this section, other than

to an officer whose appointment is required to be made by and

with the advice and consent of the Senate.

SEC. 603. STATE AUTHORITY.

Nothing in this Act shall be construed to negate or supersede

the legal authority, under State law or other applicable law, of

any State agency, State entity, or State public official over programs

that are under the jurisdiction of the agency, entity, or official.

Nothing in this Act shall be construed to interfere with the authority

of such agency, entity, or official to enter into a contract under

any provision of law.
H. R. 2884—38

SEC. 604. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND

CONTROL.

Nothing in this Act shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or

control a State’s, local educational agency’s, or school’s curriculum,

program of instruction, or allocation of State or local resources

or mandate a State or any subdivision thereof to spend any funds

or incur any costs not paid for under this Act.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

the Secretaries to carry out this Act $300,000,000 for fiscal year

1995 and such sums as may be necessary for each of the fiscal

years 1996 through 1999. (b) RESERVATIONS.—From amounts appropriated under subsection (a) for any fiscal year, the Secretaries— (1) shall reserve not more than 1⁄2 of 1 percent of such

amounts for such fiscal year to provide grants under sections

202 and 212 to the jurisdictions described in section 202(b); (2) shall reserve not more than 1⁄2 of 1 percent of such

amounts for such fiscal year to provide grants under subtitle

C of title II to establish and carry out School-to-Work

Opportunities programs for Indian youths that involve Bureau

funded schools (as defined in section 1139(3) of the Education

Amendments of 1978 (25 U.S.C. 2019(3)));

(3) shall reserve 10 percent of such amounts for such fiscal

year to provide grants under section 302(b) to local partnerships

located in high poverty areas, which reserved funds may be

used in conjunction with funds available under the Youth Fair

Chance Program set forth in part H of title IV of the Job

Training Partnership Act (29 U.S.C. 1782 et seq.); and

(4)(A) shall reserve 2.5 percent of such amounts for such

fiscal year to carry out section 404; and

(B) shall reserve not more than an additional 5 percent

of such amounts for such fiscal year to carry out other activities

under title IV, and activities under sections 214(d) and 303(d).

(c) AVAILABILITY OF FUNDS.—Funds appropriated for any fiscal

year for programs authorized under this Act shall remain available

until expended.

TITLE VII—OTHER PROGRAMS

Subtitle A—Reauthorization of Job Training for the Homeless Demonstration Program Under the Stewart B. McKinney

Homeless Assistance Act

SEC. 701. REAUTHORIZATION.

(a) IN GENERAL.—Section 739(a) of the Stewart B. McKinney

Homeless Assistance Act (42 U.S.C. 11449(a)) is amended by striking ‘‘the following amounts:’’ and all that follows and inserting

‘‘such sums as may be necessary for each of the fiscal years 1994

and 1995.’’.
H. R. 2884—39

(b) CONFORMING AMENDMENT.—Section 741 of the Stewart B.

McKinney Homeless Assistance Act (42 U.S.C. 11450) is amended

by striking ‘‘1993’’ and inserting ‘‘1995’’.

Subtitle B—Tech-Prep Programs

SEC. 711. TECH-PREP EDUCATION.

(a) CONTENTS OF PROGRAM.—Section 344(b)(2) of the TechPrep Education Act (20 U.S.C. 2394b(b)(2)) is amended by inserting

‘‘or 4 years’’ before ‘‘of secondary school’’. (b) SPECIAL CONSIDERATION; PRIORITY.—Section 345(d)(2) of the

Tech-Prep Education Act (20 U.S.C. 2394c(d)(2)) is amended to

read as follows:

‘‘(2) are developed in consultation with business, industry,

labor unions, and institutions of higher education that award

baccalaureate degrees; and’’.

Subtitle C—Alaska Native Art and Culture

SEC. 721. SHORT TITLE.

This title may be cited as the ‘‘Alaska Native Culture and

Arts Development Act’’.

SEC. 722. ALASKA NATIVE ART AND CULTURE.

Part B of title XV of the Higher Education Amendments of

1986 (20 U.S.C. 4441 et seq.) is amended—

(1) in the part heading, to read as follows:

‘‘PART B—NATIVE HAWAIIANS AND ALASKA NATIVES’’;

and

(2) in section 1521, to read as follows:

‘‘SEC. 1521. PROGRAM FOR NATIVE HAWAIIAN AND ALASKA NATIVE

CULTURE AND ARTS DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary of the Interior is authorized

to make grants for the purpose of supporting programs for Native

Hawaiian or Alaska Native culture and arts development to any

private, nonprofit organization or institution which—

‘‘(1) primarily serves and represents Native Hawaiians or

Alaska Natives, and

‘‘(2) has been recognized by the Governor of the State

of Hawaii or the Governor of the State of Alaska, as appropriate,

for the purpose of making such organization or institution

eligible to receive such grants.

‘‘(b) PURPOSE OF GRANTS.—Grants made under subsection (a)

shall, to the extent deemed possible by the Secretary and the

recipient of the grant, be used— ‘‘(1) to provide scholarly study of, and instruction in, Native

Hawaiian or Alaska Native art and culture,

‘‘(2) to establish programs which culminate in the awarding

of degrees in the various fields of Native Hawaiian or Alaska

Native art and culture, or

‘‘(3) to establish centers and programs with respect to

Native Hawaiian or Alaska Native art and culture that are
H. R. 2884—40

similar in purpose to the centers and programs described in

subsections (b) and (c) of section 1510.

‘‘(c) MANAGEMENT OF GRANTS.—

‘‘(1) Any organization or institution which is the recipient

of a grant made under subsection (a) shall establish a governing

board to manage and control the program with respect to which

such grant is made.

‘‘(2) For any grants made with respect to Native Hawaiian

art and culture, the members of the governing board which

is required to be established under paragraph (1) shall—

‘‘(A) be Native Hawaiians or individuals widely recognized in the field of Native Hawaiian art and culture,

‘‘(B) include a representative of the Office of Hawaiian

Affairs of the State of Hawaii,

‘‘(C) include the president of the University of Hawaii,

‘‘(D) include the president of the Bishop Museum, and

‘‘(E) serve for a fixed term of office.

‘‘(3) For any grants made with respect to Alaska Native

art and culture, the members of the governing board which

is required to be established under paragraph (1) shall—

‘‘(A) include Alaska Natives and individuals widely

recognized in the field of Alaska Native art and culture,

‘‘(B) represent the Eskimo, Indian and Aleut cultures

of Alaska, and

‘‘(C) serve for a fixed term.’’.

Subtitle D—Job Training

SEC. 731. AMENDMENT TO JOB TRAINING PARTNERSHIP ACT TO PROVIDE ALLOWANCES FOR CHILD CARE COSTS TO CERTAIN

INDIVIDUALS PARTICIPATING IN THE JOB CORPS.

Section 429 of the Job Training Partnership Act (29 U.S.C.

1699) is amended by adding at the end the following new subsection:

‘‘(e) In addition to child care assistance provided under section

428(e), the Secretary shall provide enrollees who otherwise could

not participate in the Job Corps with allowances to pay for child

care costs, such as food, clothing, and health care for the child.

Allowances under this subsection may only be provided during

the first 2 months of an enrollee’s participation in the program

and shall be in an amount that does not exceed the maximum

amount that may be provided by the State pursuant to section

402(g)(1)(C) of the Social Security Act (42 U.S.C. 602(g)(1)(C)).’’.

TITLE VIII—TECHNICAL PROVISIONS

SEC. 801. EFFECTIVE DATE.

This Act shall take effect on the date of enactment of this

Act.
H. R. 2884—41

SEC. 802. SUNSET.

The authority provided by this Act shall terminate on October

1, 2001.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.