Calendar No. 286

103D CONGRESS

1ST SESSION H. R. 2884

AN ACT

To establish a national framework for the developNall States, and for other purposes. ment of School-to-Work Opportunities systems in OVEMBER 17 (legislative day, NOVEMBER 2), 1993

Placed on the calendar
II

Calendar No. 286

103D CONGRESS

1ST SESSION H.R. 2884

IN THE SENATE OF THE UNITED STATES

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar

AN ACT

To establish a national framework for the development of

School-to-Work Opportunities systems in all States, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘School-to-Work Opportunities Act of 1993’’.
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1 (b) TABLE OF CONTENTS.—The table of contents is

2 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.

Sec. 6. Authorization of appropriations.

TITLE I—SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM

COMPONENTS

Sec. 101. General program requirements.

Sec. 102. Work-based learning component.

Sec. 103. School-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. Use of amounts.

Sec. 205. Allocation requirement.

Sec. 206. 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. 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.

Sec. 302. Authorization.

Sec. 303. Application.

Sec. 304. Use of amounts.

Sec. 305. Conformity with approved State plan.

Sec. 306. Reports.
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Sec. 307. High poverty area defined.

TITLE IV—NATIONAL PROGRAMS AND REPORTS

Sec. 401. Research, demonstration, and other projects.

Sec. 402. Performance outcomes and evaluation.

Sec. 403. Training and technical assistance.

Sec. 404. Amendment to Job Training Partnership Act to provide school-towork opportunities activities for Capacity Building and Information and Dissemination Network.

Sec. 405. Reports to Congress.

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.

TITLE VI—SAFEGUARDS

Sec. 601. Safeguards.

TITLE VII—REAUTHORIZATION OF JOB TRAINING FOR THE

HOMELESS DEMONSTRATION PROGRAM UNDER THE STEWART

B. MCKINNEY HOMELESS ASSISTANCE ACT

Sec. 701. Reauthorization.

1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) three-fourths of all high school students in

4 the United States enter the workforce without bac5 calaureate degrees, and many do not possess the

6 academic and entry-level occupational skills nec7 essary to succeed in the changing workplace;

8 (2) a substantial number of youths in the

9 United States, especially disadvantaged students,

10 students of diverse racial, ethnic, and cultural back11 grounds, and students with disabilities, do not com12 plete school;
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1 (3) unemployment among youths in the United

2 States is intolerably high, and earnings of high

3 school graduates have been falling relative to those

4 individuals with more education;

5 (4) the workplace in the United States is

6 changing in response to heightened international

7 competition and new technologies, and these forces,

8 which are ultimately beneficial to the Nation, are

9 shrinking the demand for and undermining the earn10 ing power of unskilled labor;

11 (5) the United States lacks a comprehensive

12 and coherent system to help its youths acquire

13 knowledge, skills, abilities, and information about

14 and access to the labor market necessary to make an

15 effective transition from school to career-oriented

16 work or to further education and training;

17 (6) students in the United States can achieve

18 high academic and occupational standards, and

19 many learn better and retain more when they learn

20 in context, rather than in the abstract;

21 (7) while many students in the United States

22 have part-time jobs, there is infrequent linkage be23 tween those work experiences and either the stu24 dent’s career planning or exploration, or with school25 based learning;
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1 (8) work-based learning, which is modeled after

2 the time-honored apprenticeship concept, integrates

3 theoretical instruction with structured on-the-job

4 training, and this approach, combined with school5 based learning, can be very effective in engaging stu6 dent interest, enhancing skill acquisition, developing

7 positive work attitudes, and preparing youths for

8 high-skill, high-wage careers;

9 (9) Federal resources currently fund a series of

10 categorical, work-related education and training pro11 grams, many of which serve disadvantaged youths,

12 that are not administered in a coordinated manner;

13 and

14 (10) in 1992 approximately 3,400,000 individ15 uals in the United States ages 16 through 24 had

16 not completed high school and were not currently

17 enrolled in school, a number representing approxi18 mately 11 percent of all individuals in this age

19 group, which indicates that these young persons are

20 particularly unprepared for the demands of a 21st

21 century workforce.

22 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

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

24 (1) establish a national framework within which

25 all States can create statewide School-to-Work Op-
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1 portunities systems that are a part of comprehensive

2 education reform, that are integrated with the sys3 tems developed under the Goals 2000: Educate

4 America Act, and that offer opportunities for all stu5 dents to participate in a performance-based edu6 cation and training program that will enable them to

7 earn portable credentials, prepare them for a first

8 job in a high-skill, high-wage career, and increase

9 their opportunities for further education;

10 (2) utilize workplaces as active learning compo11 nents in the educational process by making employ12 ers joint partners with educators in providing oppor13 tunities for all students to participate in high-qual14 ity, work-based learning experiences;

15 (3) use Federal funds as venture capital, to un16 derwrite the initial costs of planning and establish17 ing statewide School-to-Work Opportunities systems

18 that will be maintained with other Federal, State,

19 and local resources;

20 (4) promote the formation of partnerships that

21 are dedicated to linking the worlds of school and

22 work among secondary and postsecondary edu23 cational institutions, private and public employers,

24 organized labor, government, community-based orga-
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1 nizations, parents, students, and local education and

2 training agencies;

3 (5) promote the formation of partnerships be4 tween elementary, middle, and secondary schools and

5 local businesses as an investment in future work6 place productivity and competitiveness;

7 (6) help all students attain high academic and

8 occupational standards;

9 (7) build on and advance a range of promising

10 school-to-work programs, such as tech-prep edu11 cation, career academies, school-to-apprenticeship

12 programs, cooperative education, youth apprentice13 ship, business-education compacts, and promising

14 strategies that assist school dropouts that can be de15 veloped into programs funded under this Act;

16 (8) improve the knowledge and skills of youths

17 by integrating academic and occupational learning,

18 integrating school-based and work-based learning,

19 and building effective linkages between secondary

20 and postsecondary education;

21 (9) motivate all youths, including low-achieving

22 youths, school dropouts, and youths with disabilities

23 to stay in or return to school or a classroom setting

24 and strive to succeed by providing enriched learning

25 experiences and assistance in obtaining high skill,
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1 high wage employment and continuing their edu2 cation in secondary and postsecondary educational

3 institutions;

4 (10) expose students to the vast array of career

5 opportunities and facilitate the selection of career

6 majors based on individual interests, goals,

7 strengths, and abilities;

8 (11) increase opportunities for minorities and

9 women by enabling individuals to prepare for careers

10 which are not traditional for their race or gender;

11 and

12 (12) further the National Education Goals set

13 forth in title I of the Goals 2000: Educate America

14 Act.

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

16 Congress that the Secretary of Labor and the Secretary

17 of Education jointly administer this Act in a flexible man18 ner that—

19 (1) promotes State and local discretion in es20 tablishing and implementing School-to-Work Oppor21 tunities systems and programs; and

22 (2) contributes to reinventing government by

23 building on State and local capacity, eliminating du24 plication, supporting locally established initiatives,
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1 requiring measurable goals for performance, and of2 fering flexibility in meeting these goals.

3 SEC. 4. DEFINITIONS.

4 For purposes of this Act, the following definitions

5 apply:

6 (1) ALL STUDENTS.—The term ‘‘all students’’

7 means male and female students from a broad range

8 of backgrounds and circumstances, including dis9 advantaged students, students with diverse racial,

10 ethnic, and cultural backgrounds, American Indians,

11 Alaskan Natives, Native Hawaiians, students with

12 disabilities, students with limited English pro13 ficiency, migrant children, school dropouts, and aca14 demically talented students.

15 (2) APPROVED STATE PLAN.—The term ‘‘ap16 proved State plan’’ or ‘‘approved plan’’ means a

17 State plan to establish a School-to-Work Opportuni18 ties system that is submitted by a State to the Sec19 retaries under section 213 and approved by the Sec20 retaries in accordance with section 214.

21 (3) CAREER GUIDANCE AND COUNSELING.—

22 The term ‘‘career guidance and counseling’’ means

23 programs—

24 (A) which pertain to the body of subject

25 matter and related techniques and methods or-
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1 ganized for the development in individuals of

2 career awareness, career planning, career deci3 sionmaking, placement skills, and knowledge

4 and understanding of local, State, and national

5 occupational, educational, and labor market

6 needs, trends, and opportunities;

7 (B) which assist individuals in making and

8 implementing informed educational and occupa9 tional choices; and

10 (C) which aid students to develop career

11 options with attention to surmounting gender,

12 race, ethnic, disability, language, or socio13 economic impediments to career options and en14 couraging careers in nontraditional occupations.

15 (4) CAREER MAJOR.—The term ‘‘career major’’

16 means a coherent sequence of courses or field of

17 study that prepares a student for a first job and

18 that—

19 (A) integrates occupational and academic

20 learning, integrates work-based and school21 based learning, and establishes linkages be22 tween secondary and postsecondary education;

23 (B) prepares the student for employment

24 in broad occupational clusters or industry sec25 tors;
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1 (C) typically includes at least 2 years of

2 secondary school and 1 or 2 years of post3 secondary education;

4 (D) results in the award of a high school

5 diploma, a General Equivalency Diploma, or al6 ternative diploma or certificate for those stu7 dents with disabilities for whom such alter8 native diploma or certificate is appropriate, a

9 certificate or diploma recognizing successful

10 completion of 1 or 2 years of postsecondary

11 education (if appropriate), and a skill certifi12 cate; and

13 (E) may lead to further training, such as

14 entry into a registered apprenticeship program,

15 or admission into a degree-granting college or

16 university.

17 (5) COMMUNITY-BASED ORGANIZATIONS.—The

18 term ‘‘community-based organizations’’ has the

19 meaning given such term in section 4(5) of the Job

20 Training Partnership Act (29 U.S.C. 1503(5)).

21 (6) ELEMENTS OF AN INDUSTRY.—The term

22 ‘‘elements of an industry’’ means, with respect to a

23 particular industry that a student is preparing to

24 enter, such elements as planning, management, fi25 nances, technical and production skills, underlying
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1 principles of technology, labor and community is2 sues, health and safety, and environmental issues re3 lated to that industry.

4 (7) EMPLOYER.—The term ‘‘employer’’ includes

5 both public and private employers.

6 (8) GOVERNOR.—The term ‘‘Governor’’ means

7 the chief executive of a State.

8 (9) LOCAL EDUCATIONAL AGENCY.—The term

9 ‘‘local educational agency’’ means a public board of

10 education or other public authority legally con11 stituted within a State for either administrative con12 trol or direction of, or to perform a service function

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

14 county, township, school district, or other political

15 subdivision of a State, or such combination of school

16 districts or counties as are recognized in a State as

17 an administrative agency for its public elementary or

18 secondary schools. Such term includes any other

19 public institution or agency having administrative

20 control and direction of a public elementary or sec21 ondary school.

22 (10) LOCAL PARTNERSHIP.—The term ‘‘local

23 partnership’’ means a local entity that is responsible

24 for local School-to-Work Opportunities programs

25 and that—
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1 (A) consists of employers, representatives

2 of local educational agencies and local post3 secondary educational institutions (including

4 representatives of area vocational education

5 schools, where applicable), local educators (such

6 as teachers, counselors, or administrators), rep7 resentatives of organized labor, other represent8 atives of non-managerial employees, and stu9 dents; and

10 (B) may include other entities, such as—

11 (i) employer organizations;

12 (ii) community-based organizations;

13 (iii) national trade associations work14 ing at the local levels;

15 (iv) industrial extension centers;

16 (v) rehabilitation agencies and organi17 zations;

18 (vi) registered apprenticeship agen19 cies;

20 (vii) local vocational education enti21 ties;

22 (viii) proprietary institutions of higher

23 education (as defined in section 481(b) of

24 the Higher Education Act of 1965 (20

25 U.S.C. 1088(b)) which continue to meet
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1 the eligibility and certification require2 ments under section 498 of such Act;

3 (ix) local government agencies;

4 (x) parent organizations;

5 (xi) teacher organizations;

6 (xii) vocational student organizations;

7 (xiii) private industry councils estab8 lished under section 102 of the Job Train9 ing Partnership Act (29 U.S.C. 1512);

10 (xiv) federally recognized Indian

11 tribes, Indian organizations, and Alaska

12 Native villages; and

13 (xv) Native Hawaiians.

14 (11) POSTSECONDARY EDUCATIONAL INSTITU15 TION.—The term ‘‘postsecondary education institu16 tion’’ means an institution of higher education (as

17 such term is defined in section 481 of the Higher

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

19 continues to meet the eligibility and certification re20 quirements under section 498 of such Act.

21 (12) REGISTERED APPRENTICESHIP AGENCY.—

22 The term ‘‘registered apprenticeship agency’’ means

23 either—

24 (A) the Bureau of Apprenticeship and

25 Training in the Department of Labor; or
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1 (B) a State apprenticeship agency recog2 nized and approved by the Bureau of Appren3 ticeship and Training as the appropriate body

4 for State registration or approval of local ap5 prenticeship programs and agreements for Fed6 eral purposes.

7 (13) REGISTERED APPRENTICESHIP PRO8 GRAM.—The term ‘‘registered apprenticeship pro9 gram’’ means a program registered by a registered

10 apprenticeship agency.

11 (14) RELATED SERVICES.—The term ‘‘related

12 services’’ includes the types of services described in

13 section 602(17) of the Individuals with Disabilities

14 Education Act (20 U.S.C. 1401(17)).

15 (15) SCHOOL DROPOUT.—The term ‘‘school

16 dropout’’ means an individual who is no longer at17 tending any school, is subject to a compulsory at18 tendance law, and who has not received a secondary

19 school diploma or a certificate from a program of

20 equivalency for such a diploma.

21 (16) SCHOOL SITE MENTOR.—The term ‘‘school

22 site mentor’’ means a professional employed at the

23 school who is designated as the advocate for a par24 ticular student, and who works in consultation with

25 classroom teachers, counselors, and the employer to
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1 design and monitor the progress of the student’s

2 school-to-work program.

3 (17) SECRETARIES.—The term ‘‘Secretaries’’

4 means the Secretary of Education and the Secretary

5 of Labor.

6 (18) SKILL CERTIFICATE.—The term ‘‘skill cer7 tificate’’ means a portable, industry-recognized cre8 dential issued by a School-to-Work Opportunities

9 program under an approved plan, that certifies that

10 a student has mastered skills at levels that are at

11 least as challenging as skill standards endorsed by

12 the National Skill Standards Board established

13 under the Goals 2000: Educate America Act, except

14 that until such skill standards are developed, the

15 term ‘‘skill certificate’’ means a credential issued

16 under a process described in a State’s approved

17 plan.

18 (19) STATE.—

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

20 subparagraph (B), the term ‘‘State’’ means

21 each of the several States, the District of Co22 lumbia, and the Commonwealth of Puerto Rico.

23 (B) TITLES IV AND V.—For purposes of ti24 tles IV and V, the term ‘‘State’’ means each of

25 the several States, the District of Columbia, the
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1 Commonwealth of Puerto Rico, the Common2 wealth of the Northern Mariana Islands, Amer3 ican Samoa, Guam, the Virgin Islands, the Fed4 erated States of Micronesia, the Republic of the

5 Marshall Islands, and Palau.

6 (20) STATE EDUCATIONAL AGENCY.—The term

7 ‘‘State educational agency’’ means the officer or

8 agency primarily responsible for the State super9 vision of public elementary and secondary schools.

10 (21) WORKPLACE MENTOR.—The term ‘‘work11 place mentor’’ means an employee at the workplace

12 who possesses the skills and knowledge to be mas13 tered by a student, and who instructs the student,

14 critiques the student’s performance, challenges the

15 student to perform well, and works in consultation

16 with classroom teachers and the employer.

17 SEC. 5. FEDERAL ADMINISTRATION.

18 (a) JOINT ADMINISTRATION.—

19 (1) IN GENERAL.—Notwithstanding the Depart20 ment of Education Organization Act (20 U.S.C.

21 3401 et seq.), the General Education Provisions Act

22 (20 U.S.C. 1221 et seq.), the statutory provisions

23 relating to the establishment of the Department of

24 Labor (29 U.S.C. 551 et seq.), and section 166 of

25 the Job Training Partnership Act (29 U.S.C. 1576),
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1 the Secretaries shall jointly provide for the adminis2 tration of this Act, and may issue whatever proce3 dures, guidelines, and regulations, in accordance

4 with section 553 of title 5, United States Code, they

5 deem necessary and appropriate to administer and

6 enforce the provisions of this Act.

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

8 days after the date of the enactment of this Act, the

9 Secretaries shall develop and submit a plan for the

10 joint administration of this Act to the Committee on

11 Education and Labor of the House of Representa12 tives and the Committee on Labor and Human Re13 sources of the Senate for review and comment on

14 such plan by such committees.

15 (b) TERMINATION OR SUSPENSION OF ASSIST16 ANCE.—

17 (1) IN GENERAL.—The Secretaries may termi18 nate or suspend any financial assistance under this

19 Act, in whole or in part, or not extend payments

20 under an existing grant under this Act, if the Sec21 retaries determine that a recipient has failed to meet

22 any requirements of this Act, including—

23 (A) reporting requirements under section

24 402(c);

25 (B) regulations under this Act; or
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1 (C) an approved plan submitted pursuant

2 to this Act.

3 (2) NOTICE AND OPPORTUNITY FOR HEAR4 ING.—If the Secretaries terminate or suspend finan5 cial assistance, or do not extend payments under an

6 existing grant under paragraph (1), with respect to

7 recipient or proposed recipient, then the Secretaries

8 shall provide—

9 (A) prompt notice to such recipient or pro10 posed recipient; and

11 (B) the opportunity for a hearing to such

12 recipient or proposed recipient not later than 30

13 days after the date on which such notice is

14 provided.

15 (3) NONDELEGATION.—The Secretaries shall

16 not delegate any of the functions or authority speci17 fied under this subsection, other than to an officer

18 whose appointment was required to be made by and

19 with the advice and consent of the Senate.

20 (c) ACCEPTANCE OF GIFTS.—The Secretaries are au21 thorized, in carrying out this Act, to accept, purchase, or

22 lease in the name of the Department of Labor or the De23 partment of Education, and employ or dispose of in fur24 therance of the purposes of this Act, any money or prop-
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1 erty, real, personal, or mixed, tangible or intangible, re2 ceived by gift, devise, bequest, or otherwise.

3 (d) USE OF VOLUNTARY AND UNCOMPENSATED

4 SERVICES.—Notwithstanding section 1342 of title 31,

5 United States Code, the Secretaries are authorized to ac6 cept voluntary and uncompensated services in furtherance

7 of the purposes of this Act.

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

9 (a) IN GENERAL.—There are authorized to be appro10 priated to the Secretaries to carry out this Act

11 $300,000,000 for fiscal year 1995 and such sums as may

12 be necessary for each of the fiscal years 1996 through

13 2002.

14 (b) RESERVATIONS.—From amounts appropriated

15 under subsection (a) for any fiscal year, the Secretaries—

16 (1) shall reserve an amount equal to not more

17 than one half of 1 percent of such amounts for such

18 fiscal year to provide grants under sections 202(b)

19 and 212(b) to the Commonwealth of the Northern

20 Mariana Islands, American Samoa, Guam, the Vir21 gin Islands, the Federated States of Micronesia, the

22 Republic of the Marshall Islands, and Palau;

23 (2) shall reserve an amount equal to not more

24 than one half of 1 percent of such amounts for such

25 fiscal year to provide grants under subtitle C of title
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1 II to establish and carry out School-to-Work Oppor2 tunities programs for Indian youths that involve Bu3 reau funded schools (as defined in section 1139(3)

4 of the Education Amendments of 1978 (25 U.S.C.

5 2019(3)));

6 (3) shall reserve an amount equal to 10 percent

7 of such amounts for such fiscal year to provide

8 grants under section 302(b) to local partnerships lo9 cated in high poverty areas; and

10 (4) may reserve an amount equal to not more

11 than 5 percent of such amounts for such fiscal year

12 to carry out title IV.

13 (c) AVAILABILITY OF FUNDS.—Amounts authorized

14 to be appropriated under subsection (a) are authorized to

15 remain available until expended.

16 TITLE I—SCHOOL-TO-WORK OP17 PORTUNITIES BASIC PRO18 GRAM COMPONENTS

19 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

20 A School-to-Work Opportunities program under this

21 Act shall—

22 (1) integrate work-based learning and school23 based learning, as provided for in sections 102 and

24 103, integrate academic and occupational learning,
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1 and build effective linkages between secondary and

2 postsecondary education;

3 (2) provide all students opportunities to com4 plete a career major; and

5 (3) incorporate the basic program components

6 provided in sections 102 through 104.

7 SEC. 102. WORK-BASED LEARNING COMPONENT.

8 The work-based learning component of a School-to9 Work Opportunities program shall include—

10 (1) a planned program of job training and work

11 experiences, including pre-employment and employ12 ment skills to be mastered at progressively higher

13 levels, that are relevant to a student’s career major

14 and lead to the award of a skill certificate;

15 (2) paid work experience;

16 (3) workplace mentoring;

17 (4) instruction in general workplace com18 petencies; and

19 (5) broad instruction in a variety of elements of

20 an industry.

21 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

22 The school-based learning component of a School-to23 Work Opportunities program shall include—

24 (1) career awareness and career exploration and

25 counseling (beginning at the earliest possible age,
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1 but beginning no later than the middle school

2 grades) in order to help students who may be inter3 ested to identify, and select or reconsider, their in4 terests, goals, and career majors, including those op5 tions that may not be traditional for their gender,

6 race, or ethnicity;

7 (2) initial selection by interested students of a

8 career major not later than the beginning of the

9 11th grade;

10 (3) a program of study designed to meet the

11 same academic content standards the State has es12 tablished for all students, including, where applica13 ble, standards established under the Goals 2000:

14 Educate America Act, and to meet the requirements

15 necessary for a student to earn a skill certificate;

16 (4) a program of instruction and curriculum

17 that integrates academic and vocational learning (in18 cluding applied methodologies and team-teaching

19 strategies), and incorporates instruction in a variety

20 of elements of an industry, appropriately tied to a

21 participant’s career major;

22 (5) regularly scheduled evaluations involving on23 going consultation with students and school dropouts

24 to identify their academic strengths and weaknesses,

25 academic progress, workplace knowledge, goals, and
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1 the need for additional learning opportunities to

2 master core academic and vocational skills; and

3 (6) mechanisms which allow students partici4 pating in a school-to-work program to transfer to a

5 post-secondary program.

6 SEC. 104. CONNECTING ACTIVITIES COMPONENT.

7 The connecting activities component of a School-to8 Work Opportunities program shall include—

9 (1) matching students with employers’ work10 based learning opportunities;

11 (2) serving as a liaison among the employer,

12 school, teacher, parent, student, and, if appropriate,

13 other community partners;

14 (3) providing technical assistance and services

15 to employers, including small and medium sized

16 businesses, and others in designing work-based and

17 school-based learning components, counseling and

18 case management services, and in the training of

19 teachers, workplace mentors, school site mentors,

20 and counselors;

21 (4) providing assistance to schools and employ22 ers to integrate school-based and work-based learn23 ing and integrate academic and occupational learn24 ing;
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1 (5) providing assistance to participants who

2 have completed the program in finding an appro3 priate job, continuing their education, or entering

4 into an additional training program, and linking stu5 dents with other community services which may be

6 necessary to assure a successful transition from

7 school to work;

8 (6) collecting information regarding post-pro9 gram outcomes of participants in the School-to-Work

10 Opportunities program and analyzing such informa11 tion, to the extent practicable, on the basis of socio12 economic status, race, gender, ethnicity, disability,

13 limited English proficiency, school dropouts, and

14 academically talented students; and

15 (7) linking youth development activities under

16 this Act with employer and industry strategies for

17 upgrading the skills of their workers.
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1 TITLE II—SCHOOL-TO-WORK OP2 PORTUNITIES SYSTEM DE3 VELOPMENT AND IMPLEMEN4 TATION GRANTS TO STATES

5 Subtitle A—State Development

6 Grants

7 SEC. 201. PURPOSE.

8 The purpose of this subtitle is to assist States and

9 the territories in planning and developing comprehensive,

10 statewide systems for school-to-work opportunities.

11 SEC. 202. AUTHORIZATION.

12 (a) IN GENERAL.—The Secretaries may provide de13 velopment grants to States in such amounts as the Sec14 retaries determine is necessary to enable such States to

15 complete development of comprehensive, statewide School16 to-Work Opportunities systems that may have begun with

17 funds provided under the Job Training Partnership Act

18 (29 U.S.C. 1501 et seq.) and the Carl D. Perkins Voca19 tional and Applied Technology Education Act (20 U.S.C.

20 2301 et seq.).

21 (b) GRANTS TO TERRITORIES.—From amounts re22 served under section 6(b)(1), the Secretaries shall provide

23 grants in accordance with this subtitle to the Common24 wealth of the Northern Mariana Islands, American

25 Samoa, Guam, the Virgin Islands, the Federated States
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1 of Micronesia, the Republic of the Marshall Islands, and

2 Palau, to complete development of comprehensive School3 to-Work Opportunities systems in those territories.

4 SEC. 203. APPLICATION.

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

6 a development grant under section 202 to a State unless

7 the State submits to the Secretaries an application in such

8 form and containing such information as the Secretaries

9 may reasonably require.

10 (b) COORDINATION WITH GOALS 2000: EDUCATE

11 AMERICA ACT.—A State seeking assistance under both

12 this Act and the Goals 2000: Educate America Act may—

13 (1) submit a single application containing plans

14 that meet the requirements of both Acts and ensure

15 that both plans are coordinated and not duplicative;

16 or

17 (2) if such State has already submitted its ap18 plication for funds under the Goals 2000: Educate

19 America Act, submit its application under this Act

20 as an amendment to the Goals 2000: Educate Amer21 ica Act application so long as such amendment

22 meets the requirements of this Act and is coordi23 nated with and not duplicative of the Goals 2000:

24 Educate America Act application.

25 (c) CONTENTS.—Such application shall include—
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1 (1) a timetable and an estimate of the amount

2 of funding needed to complete the planning and de3 velopment necessary to implement a comprehensive,

4 statewide School-to-Work Opportunities system for

5 all students;

6 (2) a description of how the Governor, the State

7 educational agency, the State agency officials re8 sponsible for vocational education, job training, and

9 employment, economic development, and postsecond10 ary education, the State sex equity coordinator as11 signed under section 111(b)(1) of the Carl D. Per12 kins Vocational and Applied Technology Education

13 Act (20 U.S.C. 2321(b)(1)), and other appropriate

14 officials will collaborate in the planning and develop15 ment of the State School-to-Work Opportunities sys16 tem;

17 (3) a description of how the State has enlisted

18 and will continue to enlist the active and continued

19 participation in the planning and development of the

20 statewide School-to-Work Opportunities system of

21 employers and other interested parties such as lo22 cally elected officials, secondary and postsecondary

23 educational institutions or agencies, business asso24 ciations, industrial extension centers, employees, or25 ganized labor, teachers, related services personnel,
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1 students, parents, community-based organizations,

2 Indian tribes, rehabilitation agencies and organiza3 tions, registered apprenticeship agencies, and voca4 tional educational agencies;

5 (4) a description of how the State will coordi6 nate its planning activities with each local partner7 ship within the State that has received a grant

8 under title III, if any;

9 (5) a designation of a fiscal agent to receive

10 and be accountable for funds provided from a grant

11 under section 202; and

12 (6) a description of how the State will provide

13 opportunities for students from low-income families,

14 low achieving students, students with limited Eng15 lish proficiency, and school dropouts to participate in

16 school-to-work programs.

17 SEC. 204. USE OF AMOUNTS.

18 The Secretaries may not provide a development grant

19 under section 202 to a State unless the State agrees that

20 it will use all amounts received from such grant to develop

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

22 may include—

23 (1) identifying or establishing an appropriate

24 State structure to administer the School-to-Work

25 Opportunities system;
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1 (2) identifying existing secondary and post2 secondary school-to-work programs which might be

3 incorporated into the State system;

4 (3) identifying or establishing broad-based part5 nerships among employers, labor, education, govern6 ment, and other community-based organizations and

7 parent organizations to participate in the design, de8 velopment, and administration of School-to-Work

9 Opportunities programs;

10 (4) developing a marketing plan to build con11 sensus and support for School-to-Work Opportuni12 ties programs;

13 (5) promoting the active involvement of busi14 ness (including small and medium sized businesses)

15 in planning, developing, and implementing local

16 School-to-Work Opportunities programs, and in es17 tablishing partnerships with elementary, middle, and

18 secondary schools;

19 (6) identifying ways that existing local school20 to-work programs could be coordinated with the

21 statewide School-to-Work Opportunities system;

22 (7) supporting local School-to-Work Opportuni23 ties planning and development activities to provide

24 guidance, training and technical assistance for

25 teachers, employers, mentors, counselors, adminis-
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1 trators, and others, in the development of School-to2 Work Opportunities programs;

3 (8) developing training programs for teachers,

4 counselors, mentors, and others on counseling and

5 training women, minorities, and individuals with dis6 abilities for high-skill, high-wage careers in non-tra7 ditional occupations;

8 (9) initiating pilot programs for testing key

9 components of State program design;

10 (10) developing a State process for issuing skill

11 certificates that is consistent with the work of the

12 National Skill Standards Board and the criteria es13 tablished under Goals 2000: Educate America Act;

14 (11) designing challenging curricula in coopera15 tion with representatives of local partnerships;

16 (12) developing a system for labor market anal17 ysis and strategic planning for local targeting of in18 dustry sectors or broad occupational clusters;

19 (13) analyzing the post high school employment

20 experiences of recent high school graduates and

21 dropouts;

22 (14) preparing the plan required for submission

23 of an application for an implementation grant under

24 subtitle B;
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1 (15) working with localities to develop strate2 gies to recruit and retain all students in programs

3 under this Act, including those from a broad range

4 of backgrounds and circumstances, through collabo5 rations with community-based organizations, where

6 appropriate, and other entities with expertise in

7 working with these students; and

8 (16) coordinating recruitment of out-of-school,

9 at-risk, and disadvantaged youths with those organi10 zations and institutions who have a successful his11 tory of working with such youths.

12 SEC. 205. ALLOCATION REQUIREMENT.

13 The Secretaries may not provide a development grant

14 under section 202 to any State in an amount exceeding

15 $1,000,000 in any fiscal year.

16 SEC. 206. REPORTS.

17 The Secretaries may not provide a development grant

18 under section 202 to a State unless the State agrees that

19 it will submit to the Secretaries such periodic reports as

20 the Secretaries may reasonably require relating to the use

21 of amounts from such grant.
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1 Subtitle B—State Implementation

2 Grants

3 SEC. 211. PURPOSE.

4 The purpose of this subtitle is to assist States and

5 the territories in the implementation of comprehensive,

6 statewide School-to-Work Opportunities systems.

7 SEC. 212. AUTHORIZATION.

8 (a) IN GENERAL.—The Secretaries may provide im9 plementation grants to States in such amounts as the Sec10 retaries determine is necessary to enable such States to

11 implement comprehensive, statewide School-to-Work

12 Opportunities systems.

13 (b) GRANTS TO TERRITORIES.—From amounts re14 served under section 6(b)(1), the Secretaries shall provide

15 grants in accordance with this subtitle to the Common16 wealth of the Northern Mariana Islands, American

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

18 of Micronesia, the Republic of the Marshall Islands, and

19 Palau, to implement comprehensive School-to-Work

20 Opportunities systems in those territories.

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

22 under a grant under subsection (a) or subsection (b) shall

23 extend over a period of 5 fiscal years and shall be subject

24 to the annual approval of the Secretaries and subject to
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1 the availability of appropriations for the fiscal year in2 volved to make the payments.

3 (d) LIMITATION.—A State or territory shall be eligi4 ble to receive only 1 implementation grant under sub5 section (a) or subsection (b), as the case may be.

6 SEC. 213. APPLICATION.

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

8 an implementation grant under section 212 to a State un9 less the State submits to the Secretaries an application

10 in such form and containing such information as the Sec11 retaries may reasonably require.

12 (b) COORDINATION WITH GOALS 2000: EDUCATE

13 AMERICA ACT.—A State seeking assistance under both

14 this Act and the Goals 2000: Educate America Act may—

15 (1) submit a single application containing plans

16 that meet the requirements of both Acts and ensure

17 that both plans are coordinated and not duplicative;

18 or

19 (2) if such State has already submitted its ap20 plication for funds under the Goals 2000: Educate

21 America Act, submit its application under this Act

22 as an amendment to the Goals 2000: Educate Amer23 ica Act application so long as such amendment

24 meets the requirements of this Act and is coordi-
35

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1 nated with and not duplicative of the Goals 2000:

2 Educate America Act application.

3 (c) CONTENTS.—Such application shall include—

4 (1) a plan for a comprehensive, statewide

5 School-to-Work Opportunities system under a State

6 plan that meets the requirements described in sub7 section (d);

8 (2) a description of how the State will allocate

9 funds under this Act to local partnerships; and

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

11 such a request, for 1 or more waivers of certain stat12 utory or regulatory requirements, as provided for

13 under title V.

14 (d) STATE PLAN.—A State plan shall—

15 (1) designate the geographical areas to be

16 served by local partnerships, which shall, to the ex17 tent feasible, reflect local labor market areas;

18 (2) describe how the State will stimulate and

19 support local School-to-Work Opportunities pro20 grams that meet the requirements of this Act, and

21 how the State’s system will be expanded over time

22 to cover all geographic areas in the State, including

23 urban and rural areas;

24 (3) describe the procedure by which the Gov25 ernor, the State educational agency, the State agen-
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1 cy officials responsible for vocational education, job

2 training and employment, economic development,

3 and postsecondary education, the State sex equity

4 coordinator assigned under section 111(b)(1) of the

5 Carl D. Perkins Vocational and Applied Technology

6 Education Act (20 U.S.C. 2321(b)(1)), and other

7 appropriate officials will collaborate in the imple8 mentation of the School-to-Work Opportunities sys9 tem;

10 (4) describe how the State has obtained and

11 will continue to obtain the active involvement in the

12 statewide School-to-Work Opportunities system of

13 employers and other interested parties such as lo14 cally elected officials, secondary and postsecondary

15 educational institutions or agencies, business asso16 ciations, industrial extension centers, employees, or17 ganized labor, teachers, related services personnel,

18 students, parents, community-based organizations,

19 rehabilitation agencies and organizations, registered

20 apprenticeship agencies, local vocational educational

21 agencies, vocational student organizations, and State

22 or regional cooperative education associations;

23 (5) describe how the School-to-Work Opportuni24 ties system will coordinate with or integrate existing

25 local school-to-work programs and other appropriate
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1 programs, including those financed from State and

2 private sources, with funds available from related

3 programs under other provisions of Federal law,

4 such as—

5 (A) the Adult Education Act (20 U.S.C.

6 1201 et seq.);

7 (B) the Carl D. Perkins Vocational and

8 Applied Technology Education Act (20 U.S.C.

9 2301 et seq.);

10 (C) the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 2701 et seq.);

12 (D) the Higher Education Act of 1965 (20

13 U.S.C. 2701 et seq.);

14 (E) the Job Opportunities and Basic Skills

15 Training Program authorized under part F of

16 title IV of the Social Security Act (42 U.S.C.

17 681 et seq.);

18 (F) the Goals 2000: Educate America Act;

19 (G) the Individuals With Disabilities Edu20 cation Act (20 U.S.C. 1400 et seq.);

21 (H) the Job Training Partnership Act (29

22 U.S.C. 1501 et seq.);

23 (I) the National Apprenticeship Act (29

24 U.S.C. 50 et seq.);
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1 (J) the Rehabilitation Act of 1973 (29

2 U.S.C. 701 et seq.); and

3 (K) the National and Community Service

4 Trust Act of 1993;

5 (6) describe the State’s strategy for providing

6 training for teachers, employers, mentors, coun7 selors, and others, including programs which focus

8 on the counseling and training of women, minorities,

9 and individuals with disabilities for high-skill, high10 wage careers in non-traditional occupations, and

11 provide assurance of coordination with such activi12 ties in other Acts;

13 (7) describe how the State will adopt, develop,

14 or assist local partnerships in the development of

15 model curricula and innovative instructional meth16 odologies, to be used in the secondary, and where

17 possible, the elementary grades, that integrate aca18 demic and vocational learning and promote career

19 awareness, and that are consistent with academic

20 and skill standards established pursuant to the

21 Goals 2000: Educate America Act;

22 (8) describe how the State will expand and im23 prove career and academic counseling in the elemen24 tary and secondary grades, which may include link-
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1 ages to career counseling and labor market informa2 tion services outside of the school system;

3 (9) describe the resources, including private sec4 tor resources, the State intends to employ in main5 taining the School-to-Work Opportunities system

6 when funds under this Act are no longer available;

7 (10) describe how the State will ensure effective

8 and meaningful opportunities for all students to par9 ticipate in School-to-Work Opportunities programs;

10 (11) describe the State’s goals and the methods

11 it will use, such as awareness and outreach, to en12 sure opportunities for young women to participate in

13 School-to-Work Opportunities programs in a manner

14 that leads to employment in high-performance, high15 paying jobs, including non-traditional employment,

16 and goals to ensure an environment free from racial

17 and sexual harassment;

18 (12) describe how the State will ensure oppor19 tunities for low achieving students, students with

20 disabilities, and school dropouts to participate in

21 School-to-Work Opportunities programs;

22 (13) describe the State’s process for assessing

23 the skills and knowledge required in career majors

24 and awarding skill certificates that is consistent with

25 the work of the National Skill Standards Board and
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1 the criteria established under Goals 2000: Educate

2 America Act;

3 (14) describe the manner in which the State

4 will, to the extent feasible, continue programs fund5 ed under title III in the State School-to-Work Op6 portunities system;

7 (15) describe how local school-to-work pro8 grams, including those funded under title III, if any,

9 will be integrated into the State School-to-Work Op10 portunities system;

11 (16) describe the performance standards that

12 the State intends to meet in establishing and carry13 ing out the School-to-Work Opportunities system, in14 cluding how the standards developed under section

15 115 of the Carl D. Perkins Vocational and Applied

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

17 have been incorporated into such performance stand18 ards or are used in coordination with such stand19 ards;

20 (17) designate a fiscal agent to receive and be

21 accountable for funds provided from a grant under

22 section 212; and

23 (18) describe the means by which students who

24 are involved in a school-to-work program may trans25 fer to a post-secondary program.
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1 (e) APPROVAL OF STATE PLAN.—In developing the

2 State plan that meets the requirements described in sub3 section (d)—

4 (1) the Governor shall approve those portions of

5 the plan under the jurisdiction of the Governor; and

6 (2) other appropriate officials or entities shall

7 approve those portions that address matters that,

8 under State or other applicable law, are not under

9 the jurisdiction of the Governor.

10 SEC. 214. REVIEW OF APPLICATION.

11 (a) IN GENERAL.—The Secretaries shall review each

12 application submitted by a State under section 213, in13 cluding the State plan contained in such application, and

14 shall approve or disapprove such application in accordance

15 with this section.

16 (b) APPROVAL CRITERIA.—The Secretaries may ap17 prove an application only if the State demonstrates in the

18 application—

19 (1) that the State plan is replicable, sustain20 able, and innovative;

21 (2) that the officials listed in section 213(d)(3)

22 will collaborate in the planning and development of

23 the proposed plan;

24 (3) that other Federal, State, and local re25 sources will be used to implement the proposed plan;
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1 (4) the extent to which such plan would limit

2 administrative costs and increase amounts spent on

3 delivery of services to students enrolled in programs

4 under this Act; and

5 (5) if the State, according to census data, has

6 at least 1 urban and at least 1 rural area, the State

7 will ensure the establishment of a partnership in at

8 least 1 urban and 1 rural area in the State.

9 (c) DISAPPROVAL.—If the Secretaries determine that

10 an application submitted by a State does not meet the cri11 teria under subsection (b), or that the application is in12 complete or otherwise unsatisfactory, the Secretaries

13 shall—

14 (1) notify the State of the reasons for the fail15 ure to approve the application;

16 (2) if the application does not meet the criteria

17 under subsection (b), inform the State of the oppor18 tunity to apply for a development grant under sub19 title A, except that further development funds may

20 not be awarded to a State that receives an imple21 mentation grant; and

22 (3) if the application is incomplete or otherwise

23 unsatisfactory, permit the State to resubmit a cor24 rected or amended application.
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1 (d) USE OF FUNDS FOR REVIEW OF APPLICA2 TIONS.—The Secretaries may use amounts reserved under

3 section 6(b)(4) for the review of applications submitted

4 under subsection (a).

5 SEC. 215. USE OF AMOUNTS.

6 The Secretaries may not provide an implementation

7 grant under section 212 to a State unless the State agrees

8 that it will use all amounts received from such grant to

9 implement the State’s School-to-Work Opportunities sys10 tem in accordance with the following requirements:

11 (1) SUBGRANTS TO LOCAL PARTNERSHIPS.—

12 (A) AUTHORITY.—

13 (i) IN GENERAL.—Except as provided

14 in clause (ii), the State shall provide

15 subgrants to local partnerships, according

16 to criteria established by the State, for the

17 purpose of carrying out School-to-Work

18 Opportunities programs described in title

19 I.

20 (ii) PROHIBITION.—The State shall

21 not provide subgrants to local partnerships

22 that have received implementation grants

23 under title III, except that this prohibition

24 shall not apply with respect to local part-
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1 nerships that are located in high poverty

2 areas, as such term is defined in such title.

3 (B) APPLICATION BY LOCAL PARTNER4 SHIP.—The State may not provide a subgrant

5 under subparagraph (A) to a local partnership

6 unless the partnership submits to the State an

7 application that—

8 (i) describes how the program will in9 clude the basic program components and

10 otherwise meet the requirements of this

11 Act;

12 (ii) sets forth measurable program

13 goals and outcomes;

14 (iii) describes the local strategies and

15 timetables to provide School-to-Work Op16 portunities program opportunities for all

17 students as appropriate for the specific lo18 cality;

19 (iv) provides assurances that, to the

20 extent practicable, school-to-work opportu21 nities provided to students will be in indus22 tries and occupations offering high-skill,

23 high-wage employment opportunities; and

24 (v) provides such other information as

25 the State may require.
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1 (C) DISAPPROVAL OF APPLICATION.—If

2 the State determines that an application sub3 mitted by a local partnership does not meet the

4 criteria under subparagraph (B), or that the

5 application is incomplete or otherwise unsatis6 factory, the State shall—

7 (i) notify the local partnership of the

8 reasons for the failure to approve the ap9 plication; and

10 (ii) if the application is incomplete or

11 otherwise unsatisfactory, permit the local

12 partnership to resubmit a corrected or

13 amended application.

14 (D) USE OF AMOUNTS BY LOCAL PART15 NERSHIP.—The State may not provide a

16 subgrant under subparagraph (A) to a local

17 partnership unless the partnership agrees that

18 it will use all amounts received from such

19 subgrant to carry out activities to implement

20 School-to-Work Opportunities programs de21 scribed in title I, and such activities may in22 clude—

23 (i) recruiting and providing assistance

24 to employers, including small- and me25 dium-sized businesses, to provide the work-
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1 based learning components in the School2 to-Work Opportunities program;

3 (ii) establishing consortia of employers

4 to support the School-to-Work Opportuni5 ties program and provide access to jobs re6 lated to students’ career majors;

7 (iii) supporting or establishing

8 intermediaries to perform the activities de9 scribed in section 104 and to provide as10 sistance to students and school dropouts in

11 obtaining jobs and further education and

12 training;

13 (iv) designing or adapting school cur14 ricula that can be used to integrate aca15 demic and vocational learning, school-based

16 and work-based learning, and secondary

17 and postsecondary education;

18 (v) providing training to work-based

19 and school-based staff on new curricula,

20 student assessments, student guidance,

21 and feedback to the school regarding stu22 dent performance;

23 (vi) designing or expanding and im24 proving career awareness, exploration, and

25 counseling activities, beginning at the earli-
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1 est possible age, but beginning no later

2 than the middle school grades;

3 (vii) establishing in schools participat4 ing in a School-to-Work Opportunities pro5 gram a graduation assistance program to

6 assist at-risk students, low-achieving stu7 dents, and students with disabilities in

8 graduating from high school, enrolling in

9 postsecondary education or training, and

10 finding or advancing in jobs;

11 (viii) providing supplementary and

12 support services, including child care and

13 transportation;

14 (ix) conducting or obtaining an in

15 depth analysis of the local labor market

16 and the generic and specific skill needs of

17 employers to identify high-demand, high18 wage careers to target;

19 (x) integrating work-based and school20 based learning into existing job training

21 programs for school dropouts;

22 (xi) establishing or expanding school23 to-apprenticeship programs in cooperation

24 with registered apprenticeship agencies and

25 apprenticeship sponsors;
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1 (xii) assisting participating employers,

2 including small- and medium-size busi3 nesses, to identify and train workplace

4 mentors and to develop work-based learn5 ing components;

6 (xiii) promoting the formation of part7 nerships between elementary, middle, and

8 secondary schools and local businesses as

9 an investment in future workplace produc10 tivity and competitiveness;

11 (xiv) designing local strategies to pro12 vide adequate planning time and staff de13 velopment activities for teachers, school

14 counselors, and school site mentors, includ15 ing opportunities outside the classroom

16 which are in the worksite;

17 (xv) enhancing linkages between exist18 ing after-school, weekend, and summer

19 jobs, career exploration and school-based

20 learning; and

21 (xvi) coordinating recruitment of

22 dropouts and at-risk and disadvantaged

23 youths by the local partnership with re24 cruitment of these individuals by organiza25 tions and institutions which have a history
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1 of success in working with these targeted

2 individuals.

3 (E) PARTNERSHIP COMPACT.—The State

4 may not provide a subgrant under subpara5 graph (A) to a local partnership unless the

6 partnership agrees that it will establish a proc7 ess by which the responsibilities and expecta8 tions of students, parents, employers, and

9 schools are clearly established and agreed upon

10 at the point of entry of the student into a ca11 reer major program of study.

12 (F) ADMINISTRATIVE COSTS.—The local

13 partnership may not use more than 5 percent

14 of amounts received from a subgrant under

15 subparagraph (A) for any fiscal year for admin16 istrative costs associated with activities in car17 rying out, but not including, activities under

18 subparagraphs (D) and (E) for such fiscal year.

19 (G) ALLOCATION REQUIREMENTS.—

20 (i) FIRST YEAR.—In the 1st fiscal

21 year for which a State receives amounts

22 from a grant under section 212, the State

23 shall use not less than 70 percent of such

24 amounts to provide subgrants to local part25 nerships under subparagraph (A).
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1 (ii) SECOND YEAR.—In the 2d fiscal

2 year for which a State receives amounts

3 from a grant under section 212, the State

4 shall use not less than 80 percent of such

5 amounts to provide subgrants to local part6 nerships under subparagraph (A).

7 (iii) THIRD YEAR AND SUCCEEDING

8 YEARS.—In the 3d fiscal year for which a

9 State receives amounts from a grant under

10 section 212, and in each succeeding year,

11 the State shall use not less than 90 per12 cent of such amounts to provide subgrants

13 to local partnerships under subparagraph

14 (A).

15 (2) ADDITIONAL STATE ACTIVITIES.—The State

16 may also—

17 (A) recruit and provide assistance to em18 ployers to provide work-based learning for all

19 students;

20 (B) conduct outreach activities to promote

21 and support collaboration in School-to-Work

22 Opportunities programs by businesses, orga23 nized labor, and other organizations;

24 (C) provide training for teachers, employ25 ers, workplace mentors, counselors, and others;
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1 (D) provide labor market information to

2 local partnerships that is useful in determining

3 which high-skill, high-wage occupations are in

4 demand;

5 (E) design or adapt model curricula that

6 can be used to integrate academic and voca7 tional learning, school-based and work-based

8 learning, and secondary and postsecondary edu9 cation;

10 (F) design or adapt model work-based

11 learning programs and identifying best prac12 tices;

13 (G) conduct outreach activities and provid14 ing technical assistance to other States that are

15 developing or implementing School-to-Work Op16 portunities systems;

17 (H) reorganize and streamline State sys18 tems to facilitate the development of a com19 prehensive School-to-Work Opportunities sys20 tem;

21 (I) identify ways that existing local school22 to-work programs could be integrated with the

23 statewide School-to-Work Opportunities system;

24 (J) design career awareness and explo25 ration activities (that may begin as early as the
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1 elementary grades, but beginning no later than

2 middle school grades) such as job shadowing,

3 job site visits, school visits by individuals in var4 ious occupations, and mentoring;

5 (K) design and implement school-spon6 sored work experiences, such as school-spon7 sored enterprises and community development

8 projects;

9 (L) encourage the formation of partner10 ships between elementary, middle, and second11 ary schools and local businesses as an invest12 ment in future workplace productivity and com13 petitiveness;

14 (M) coordinate recruitment of out-of15 school, at-risk, and disadvantaged youths with

16 those organizations and institutions who have a

17 successful history of working with such youths;

18 and

19 (N) conduct outreach to all students in a

20 manner that most appropriately meets their

21 need and the needs of their communities.

22 SEC. 216. ALLOCATION REQUIREMENT.

23 The Secretaries shall establish the minimum and

24 maximum amounts available for an implementation grant

25 under section 212, and shall determine the actual amount
53

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1 granted to any State based on such criteria as the scope

2 and quality of the plan and the number of projected pro3 gram participants.

4 SEC. 217. ADMINISTRATIVE COSTS.

5 The State may not use more than 5 percent of

6 amounts received from an implementation grant under

7 section 212 for any fiscal year for administrative costs as8 sociated with activities in carrying out, but not including,

9 activities under section 215 for such fiscal year.

10 SEC. 218. REPORTS.

11 The Secretaries may not provide an implementation

12 grant under section 212 to a State unless the State agrees

13 that it will submit to the Secretaries such periodic reports

14 as the Secretaries may reasonably require relating to the

15 use of amounts from such grant.

16 Subtitle C—Development and Im17 plementation Grants for School18 to-Work Programs for Indian

19 Youths

20 SEC. 221. AUTHORIZATION.

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

22 section 6(b)(2), the Secretaries shall provide grants to es23 tablish and carry out School-to-Work Opportunities pro24 grams for Indian youths that involve Bureau funded
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1 schools (as defined in section 1139(3) of the Education

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

3 (b) ADDITIONAL AUTHORITIES.—The Secretaries

4 may carry out subsection (a) through such means as they

5 find appropriate, including—

6 (1) the transfer of funds to the Secretary of the

7 Interior; and

8 (2) the provision of financial assistance to In9 dian tribes and Indian organizations.

10 SEC. 222. REQUIREMENTS.

11 In providing grants under section 221, the Secretar12 ies shall require recipients of such grants to comply with

13 requirements similar to those requirements imposed on

14 States under subtitles A and B of this title.

15 TITLE III—FEDERAL IMPLEMEN16 TATION GRANTS TO LOCAL

17 PARTNERSHIPS

18 SEC. 301. PURPOSES.

19 The purposes of this title are—

20 (1) to authorize the Secretaries to provide com21 petitive grants directly to local partnerships in order

22 to provide funding for communities that have built

23 a sound planning and development base for School24 to-Work Opportunities programs and are ready to
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1 begin implementing a local School-to-Work Opportu2 nities program; and

3 (2) to authorize the Secretaries to provide com4 petitive grants to local partnerships to implement

5 School-to-Work Opportunities programs in high pov6 erty areas of urban and rural communities to pro7 vide support for a comprehensive range of education,

8 training, and support services for youths residing in

9 such areas.

10 SEC. 302. AUTHORIZATION.

11 (a) GRANTS TO LOCAL PARTNERSHIPS.—

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

13 the Secretaries may provide implementation grants

14 directly to local partnerships in States in such

15 amounts as the Secretaries determine is necessary to

16 enable such partnerships to implement a School-to17 Work Opportunities program.

18 (2) RESTRICTIONS.—A local partnership—

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

20 under this subsection;

21 (B) shall not be eligible to receive a grant

22 under this subsection if such partnership is lo23 cated in a State that—

24 (i) has been provided an implementa25 tion grant under section 212; and
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1 (ii) has received amounts from such

2 grant for any fiscal year after the 1st fis3 cal year under such grant; and

4 (C) that receives a grant under this sub5 section shall not be eligible to receive a grant

6 under subsection (b).

7 (b) GRANTS TO LOCAL PARTNERSHIPS IN HIGH POV8 ERTY AREAS.—

9 (1) IN GENERAL.—Subject to paragraphs (2)

10 and (3), the Secretaries shall, from amounts re11 served under section 6(b)(3), provide grants to local

12 partnerships which are located in high poverty areas

13 in States in such amounts as the Secretaries deter14 mine is necessary to enable such partnerships to im15 plement a School-to-Work Opportunities program in

16 such areas.

17 (2) RESTRICTIONS.—A local partnership—

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

19 under this subsection; and

20 (B) that receives a grant under this sub21 section shall not be eligible to receive a grant

22 under subsection (a).

23 (3) PRIORITY.—In providing grants under

24 paragraph (1), the Secretaries shall give priority to

25 local partnerships that have a demonstrated effec-
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1 tiveness in the delivery of comprehensive vocational

2 preparation programs with successful rates in job

3 placement through cooperative activities among local

4 educational agencies, local businesses, labor organi5 zations, and other organizations.

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

7 under a grant under subsection (a) or (b) shall extend over

8 a period of 5 fiscal years and shall be subject to the annual

9 approval of the Secretaries and subject to the availability

10 of appropriations for the fiscal year involved to make the

11 payments.

12 SEC. 303. APPLICATION.

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

14 an implementation grant under section 302 to a local part15 nership unless the partnership—

16 (1) submits to the State for review and com17 ment an application in such form and containing

18 such information as the Secretaries may reasonably

19 require; and

20 (2) submits such application to the Secretaries.

21 (b) TIME LIMIT FOR STATE REVIEW AND COM22 MENT.—

23 (1) IN GENERAL.—The State shall provide for

24 review and comment on the application under sub25 section (a) not later than 30 days after the date on
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1 which the State receives the application from the

2 local partnership.

3 (2) SUBMISSION WITHOUT STATE REVIEW AND

4 COMMENT.—If the State does not provide review and

5 comment within the 30-day time period specified in

6 paragraph (1), the local partnership may submit the

7 application to the Secretaries without first obtaining

8 such review and comment.

9 (c) CONTENTS.—Such application shall include—

10 (1) the designation of a fiscal agent to receive

11 and be accountable for amounts received from a

12 grant under section 302;

13 (2) the State’s comments regarding such appli14 cation under subsection (a)(1);

15 (3) information that is consistent with the con16 tent requirements for a State plan that are specified

17 in paragraphs (4) through (10) of section 213(d);

18 and

19 (4) a description of how the partnership will

20 meet the other requirements of this Act.

21 (d) USE OF FUNDS FOR REVIEW OF APPLICA22 TIONS.—The Secretaries may use amounts reserved under

23 section 6(b)(4) for the review of applications submitted

24 under subsection (a).
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1 SEC. 304. USE OF AMOUNTS.

2 The Secretaries may not provide an implementation

3 grant under section 302 to a local partnership unless the

4 partnership agrees that it will use all amounts from such

5 grant to carry out activities to implement a School-to6 Work Opportunities program described in title I, including

7 the activities described in clauses (i) through (xvi) of

8 section 215(1)(D).

9 SEC. 305. CONFORMITY WITH APPROVED STATE PLAN.

10 The Secretaries may not award a grant under section

11 302 to a local partnership located in a State that has an

12 approved plan unless the Secretaries determine, after con13 sultation with the State, that the plan submitted by the

14 partnership is in accord with the approved State plan.

15 SEC. 306. REPORTS.

16 The Secretaries may not provide an implementation

17 grant under section 302 to a local partnership unless the

18 partnership agrees that it will submit to the Secretaries

19 such periodic reports as the Secretaries may reasonably

20 require relating to the use of amounts from such grant.

21 SEC. 307. HIGH POVERTY AREA DEFINED.

22 For purposes of this title, the term ‘‘high poverty

23 area’’ means—

24 (1) a census tract, a contiguous group of census

25 tracts, a nonmetropolitan county, a Native American

26 Indian reservation, or an Alaska Native village, with
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1 a poverty rate of 30 percent or more, as determined

2 by the Bureau of the Census; or

3 (2) an area that has an unemployment rate

4 greater than the national average unemployment for

5 the most recent 12 months for which satisfactory

6 data are available.

7 TITLE IV—NATIONAL PROGRAMS

8 AND REPORTS

9 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

10 PROJECTS.

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

12 section 6(b)(4), the Secretaries shall conduct research and

13 development and establish a program of experimental and

14 demonstration projects, to further the purposes of this

15 Act.

16 (b) ADDITIONAL USE OF AMOUNTS.—Amounts re17 served under section 6(b)(4) may also be used for pro18 grams or services authorized under any other provision of

19 this Act that are most appropriately administered at the

20 national level and that will operate in, or benefit more

21 than, one State.

22 SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

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

24 with the States, shall by grants, contracts, or otherwise,
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1 establish a system of performance measures for assessing

2 State and local programs regarding—

3 (1) progress in the development and implemen4 tation of State plans that include the basic program

5 components and otherwise meet the requirements of

6 title I;

7 (2) participation in School-to-Work Opportuni8 ties programs by employers, schools, students, and

9 school dropouts, including information on the gen10 der, race, ethnicity, socioeconomic background, lim11 ited English proficiency, and disability of all partici12 pants;

13 (3) progress in developing and implementing

14 strategies for addressing the needs of students and

15 school dropouts;

16 (4) progress in meeting the State’s goals to en17 sure opportunities for young women to participate in

18 School-to-Work Opportunities programs;

19 (5) outcomes of participating students and

20 school dropouts, by gender, race, ethnicity, socio21 economic background, limited English proficiency,

22 and disability of the participants, including informa23 tion on—

24 (A) academic learning gains;
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1 (B) staying in school and attaining a high

2 school diploma, or a General Equivalency Di3 ploma, or alternative diploma or certificate for

4 those students with disabilities for whom such

5 alternative diploma or certificate is appropriate,

6 skill certificate, and college degree;

7 (C) placement and retention in further

8 education or training, particularly in the stu9 dent’s career major; and

10 (D) job placement, retention, and earnings,

11 particularly in the student’s career major; and

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

13 the needs of employers.

14 (b) EVALUATION.—The Secretaries shall conduct a

15 national evaluation of School-to-Work Opportunities pro16 grams funded under this Act by grants, contracts, or oth17 erwise, that will track and assess the progress of imple18 mentation of State and local programs and their effective19 ness based on measures such as those described in sub20 section (a).

21 (c) REPORTS.—Each State shall provide periodic re22 ports, at such intervals as the Secretaries determine, con23 taining—

24 (1) information described in paragraphs (1)

25 through (6) of subsection (a); and
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1 (2) information on the extent to which current

2 Federal programs implemented at the State and

3 local level may be duplicative, outdated, overly re4 strictive, or otherwise counter-productive to the de5 velopment of comprehensive statewide School-to6 Work Opportunities systems.

7 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

8 (a) PURPOSE.—The Secretaries shall work in co9 operation with the States, the State sex equity coordina10 tors assigned under section 111(b)(1) of the Carl D. Per11 kins Vocational and Applied Technology Education Act

12 (20 U.S.C. 2321(b)(1)), employers and their associations,

13 secondary and postsecondary schools, student and teacher

14 organizations, organized labor, and community-based or15 ganizations to increase their capacity to develop and im16 plement effective School-to-Work Opportunities programs.

17 (b) AUTHORIZED ACTIVITIES.—The Secretaries shall

18 provide, through grants, contracts, or other arrange19 ments—

20 (1) training, technical assistance, and other ac21 tivities that will—

22 (A) enhance the skills, knowledge, and ex23 pertise of the personnel involved in planning

24 and implementing State and local School-to-
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1 Work Opportunities programs, such as training

2 of personnel to assist students; and

3 (B) improve the quality of services pro4 vided to individuals served under this Act;

5 (2) assistance to States and local partnerships

6 in order to integrate resources available under this

7 Act with resources available under other Federal,

8 State, and local authorities; and

9 (3) assistance to States and local partnerships

10 to recruit employers to provide the work-based learn11 ing component of School-to-Work Opportunities pro12 grams.

13 SEC. 404. AMENDMENT TO JOB TRAINING PARTNERSHIP

14 ACT TO PROVIDE SCHOOL-TO-WORK OPPOR15 TUNITIES ACTIVITIES FOR CAPACITY BUILD16 ING AND INFORMATION AND DISSEMINATION

17 NETWORK.

18 Section 453(b)(2) of the Job Training Partnership

19 Act (29 U.S.C. 1733(b)(2)) is amended—

20 (1) in subparagraph (C)(ii)(V), by striking the

21 period at the end of such subparagraph and insert22 ing ‘‘; and’’; and

23 (2) by adding at the end the following new sub24 paragraph:
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1 ‘‘(D)(i) from the amount appropriated pur2 suant to section 6(a) of the School-to-Work Op3 portunities Act of 1993, collect and disseminate

4 information—

5 ‘‘(I) on successful school-to-work pro6 grams carried out pursuant to such Act

7 and innovative school and work-based cur8 riculum;

9 ‘‘(II) on research and evaluation con10 ducted concerning school-to-work opportu11 nities activities;

12 ‘‘(III) that will assist States and part13 nerships in undertaking labor market anal14 ysis, surveys or other activities related to

15 economic development;

16 ‘‘(IV) on skill certificates, skill stand17 ards and related assessment technologies;

18 and

19 ‘‘(V) on methods for recruiting and

20 building the capacity of employers to pro21 vide work-based learning opportunities;

22 and

23 ‘‘(ii) from such amount, facilitate commu24 nication and the exchange of information and

25 ideas among States and partnerships carrying
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1 out school-to-work opportunities programs pur2 suant to such Act.’’.

3 SEC. 405. REPORTS TO CONGRESS.

4 Not later than 24 months after the date of the enact5 ment of this Act, and every 12 months thereafter, the Sec6 retaries shall submit a report to the Congress on all

7 School-to-Work Opportunities programs carried out pur8 suant to this Act. The Secretaries shall, at a minimum,

9 include in each such report—

10 (1) information concerning the programs that

11 receive assistance under this Act;

12 (2) a summary of the information contained in

13 the State and local partnership reports submitted

14 under titles II and III and section 402(c); and

15 (3) information regarding the findings and ac16 tions taken as a result of any evaluation conducted

17 by the Secretaries.

18 TITLE V—WAIVER OF STATU19 TORY AND REGULATORY RE20 QUIREMENTS

21 SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND

22 RESPONSIBILITIES FOR WAIVERS.

23 (a) STATE REQUEST FOR WAIVER.—A State may

24 submit, as a part of the State plan (or as an amendment

25 to the plan) described in section 213(d), a request for a
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1 waiver of 1 or more statutory or regulatory provisions de2 scribed in section 502 or 503 from the Secretaries in order

3 to carry out the School-to-work Opportunity system estab4 lished by such State. Such request may include different

5 waivers with respect to different areas within the State.

6 (b) LOCAL PARTNERSHIP REQUEST FOR WAIVER.—

7 (1) IN GENERAL.—A local partnership that

8 seeks a waiver of any of the laws specified in section

9 502 or 503 shall submit an application for such

10 waiver to the State and the State shall determine

11 whether to submit the application for such waiver to

12 the Secretaries.

13 (2) TIME LIMIT.—

14 (A) IN GENERAL.—The State shall make a

15 determination to submit the application under

16 paragraph (1) not later than 30 days after the

17 date on which the State receives the application

18 from the local partnership.

19 (B) DIRECT SUBMISSION.—If the State

20 does not make a determination to submit the

21 application within the 30-day time period speci22 fied in subparagraph (A), the local partnership

23 may submit the application to the Secretaries

24 without first obtaining such review and com25 ment.
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1 (c) WAIVER CRITERIA.—The request by the State

2 shall meet the criteria contained in section 502 or section

3 503 and shall specify the laws or regulations referred to

4 in those sections that the State wants waived.

5 SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDU6 CATION.

7 (a) WAIVER AUTHORITY.—

8 (1) IN GENERAL.—Except as provided in sub9 section (c), the Secretary of Education may waive

10 any requirement under any provision of law referred

11 to in subsection (b), or any regulation issued under

12 such provision, for a State that requests such a

13 waiver and has an approved State plan under section

14 214—

15 (A) if, and only to the extent that, the Sec16 retary of Education determines that such re17 quirement impedes the ability of the State or a

18 local partnership to carry out the purposes of

19 this Act;

20 (B) if the State provides the Secretary

21 with documentation of the necessity for the

22 waiver, including—

23 (i) the specific requirement that will

24 be waived;
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1 (ii) the specific positive outcomes ex2 pected from the waiver and why those out3 comes cannot be achieved while complying

4 with the requirement;

5 (iii) the process which will be used to

6 monitor the progress in implementing the

7 waiver; and

8 (iv) such other information as the

9 Secretary may require;

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

11 similar requirements of State law; and

12 (D) if the State—

13 (i) has provided all local partnerships

14 in the State, and local educational agencies

15 participating in a local partnership in the

16 State, with notice and an opportunity to

17 comment on the State’s proposal to seek a

18 waiver;

19 (ii) provides, to the extent feasible,

20 students, parents, and advocacy and civil

21 rights groups an opportunity to comment

22 on the State’s proposal to seek a waiver;

23 and
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1 (iii) has submitted the comments of

2 the local partnerships and local educational

3 agencies to the Secretary of Education.

4 (2) APPROVAL OR DISAPPROVAL.—The Sec5 retary of Education shall promptly approve or dis6 approve any request submitted pursuant to para7 graph (1) and shall issue a decision that shall—

8 (A) include the reasons for approving or

9 disapproving the request, including a response

10 to comments; and

11 (B) be disseminated by the State seeking

12 the waiver to interested parties, including edu13 cators, parents, students, advocacy and civil

14 rights organizations, and the public.

15 (3) APPROVAL CRITERIA.—In approving a re16 quest under paragraph (2), the Secretary of Edu17 cation shall consider the amount of State resources

18 that will be used to implement the State plan.

19 (4) TIME PERIOD FOR WAIVER.—Each waiver

20 approved under paragraph (2) shall be for a period

21 not to exceed 5 years, except that the Secretary of

22 Education may extend such period if the Secretary

23 determines that the waiver has been effective in ena24 bling the State or local partnership to carry out the

25 purposes of this Act.
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1 (b) APPLICABLE PROVISIONS OF LAW.—The applica2 ble provisions of law referred to in this subsection are the

3 following:

4 (1) Chapter 1 of title I of the Elementary and

5 Secondary Education Act of 1965, including the

6 Even Start Act.

7 (2) Part A of chapter 2 of title I of the Elemen8 tary and Secondary Education Act of 1965.

9 (3) The Dwight D. Eisenhower Mathematics

10 and Science Education Act (part A of title II of the

11 Elementary and Secondary Education Act of 1965).

12 (4) The Emergency Immigrant Education Act

13 of 1984 (part D of title IV of the Elementary and

14 Secondary Education Act of 1965).

15 (5) The Drug-Free Schools and Communities

16 Act of 1986 (title V of the Elementary and Second17 ary Education Act of 1965).

18 (6) The Carl D. Perkins Vocational and Applied

19 Technology Education Act.

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

21 Education may not waive any requirement under any pro22 vision of law referred to in subsection (b), or any regula23 tion issued under such provision, relating to—

24 (1) the basic purposes or goals of such provi25 sion of law;
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1 (2) maintenance of effort;

2 (3) comparability of services;

3 (4) the equitable participation of students at4 tending private schools;

5 (5) parental participation and involvement;

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

7 educational agencies;

8 (7) the eligibility of individuals for participation

9 in a program under such provision of law;

10 (8) public health or safety, labor standards,

11 civil rights, occupational safety and health, or envi12 ronmental protection; or

13 (9) prohibitions or restrictions relating to the

14 construction of buildings or facilities.

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

16 Education shall periodically review the performance of any

17 State or local partnership for which the Secretary has

18 granted a waiver under subsection (a) and shall terminate

19 the waiver if—

20 (1) the Secretary determines that the perform21 ance of the State, local partnership, or local edu22 cational agency affected by the waiver, as the case

23 may be, has been inadequate to justify a continu24 ation of the waiver; or
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1 (2) the State fails to waive similar requirements

2 of State law as required or agreed to in accordance

3 with subsection (a)(1)(B).

4 SEC. 503. WAIVER AUTHORITY OF SECRETARY OF LABOR.

5 (a) WAIVER AUTHORITY.—

6 (1) IN GENERAL.—Except as provided in sub7 section (c), the Secretary of Labor may waive any

8 requirement under any provision of the Job Training

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

10 regulation issued under such provision, for a State

11 that requests such a waiver and has an approved

12 State plan under section 214—

13 (A) if, and only to the extent that, the Sec14 retary of Labor determines that such require15 ment impedes the ability of the State or a local

16 partnership to carry out the purposes of this

17 Act;

18 (B) if the State provides the Secretary

19 with documentation of the necessity for the

20 waiver, including—

21 (i) the specific requirement that will

22 be waived;

23 (ii) the specific positive outcomes ex24 pected from the waiver and why those out-
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1 comes cannot be achieved while complying

2 with the requirement;

3 (iii) the process which will be used to

4 monitor the progress in implementing the

5 waiver; and

6 (iv) such other information as the

7 Secretary may require;

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

9 similar requirements of State or territory law;

10 and

11 (D) if the State—

12 (i) has provided all local partnerships

13 in the State with notice and an oppor14 tunity to comment on the State’s proposal

15 to seek a waiver;

16 (ii) provides, to the extent feasible,

17 students, parents, and advocacy and civil

18 rights groups an opportunity to comment

19 on the State’s proposal to seek a waiver;

20 and

21 (iii) has submitted the comments of

22 the local partnerships to the Secretary of

23 Labor.

24 (2) APPROVAL OR DISAPPROVAL.—The Sec25 retary of Labor shall promptly approve or dis-
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1 approve any request submitted pursuant to para2 graph (1) and shall issue a decision that shall—

3 (A) include the reasons for approving or

4 disapproving the request, including a response

5 to comments; and

6 (B) be disseminated by the State seeking

7 the waiver to interested parties, including edu8 cators, parents, students, advocacy and civil

9 rights organizations, and the public.

10 (3) APPROVAL CRITERIA.—In approving a re11 quest under paragraph (2), the Secretary of Labor

12 shall consider the amount of State resources that

13 will be used to implement the State plan.

14 (4) TIME PERIOD FOR WAIVER.—Each waiver

15 approved under paragraph (2) shall be for a period

16 not to exceed 5 years, except that the Secretary of

17 Labor may extend such period if the Secretary de18 termines that the waiver has been effective in ena19 bling the State or local partnership to carry out the

20 purposes of this Act.

21 (b) WAIVERS NOT AUTHORIZED.—The Secretary of

22 Labor may not waive any requirement under any provision

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

24 seq.), or any regulation issued under such provision, relat25 ing to—
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1 (1) the basic purposes or goals of such provi2 sion of law;

3 (2) the eligibility of individuals for participation

4 in a program under such provision of law;

5 (3) the allocation of funds under such provision

6 of law;

7 (4) public health or safety, labor standards,

8 civil rights, occupational safety and health, or envi9 ronmental protection;

10 (5) maintenance of effort; or

11 (6) prohibitions or restrictions relating to the

12 construction of buildings or facilities.

13 (c) TERMINATION OF WAIVERS.—The Secretary of

14 Labor shall periodically review the performance of any

15 State or local partnership for which the Secretary has

16 granted a waiver under subsection (a) and shall terminate

17 the waiver if—

18 (1) the Secretary determines that the perform19 ance of the State or local partnership affected by the

20 waiver has been inadequate to justify a continuation

21 of the waiver; or

22 (2) the State fails to waive similar requirements

23 of State or territory law as required or agreed to in

24 accordance with subsection (a)(1)(B).
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1 SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH

2 POVERTY SCHOOLS.

3 (a) IN GENERAL.—In order to integrate existing

4 school-to-work transition activities with activities under

5 this Act and maximize the effective use of resources, a

6 local partnership may carry out schoolwide school-to-work

7 activities in schools that meet the requirements of sub8 paragraphs (A) and (B) of section 263(g)(1) of the Job

9 Training Partnership Act (29 U.S.C. 1643(g)(1)(A) and

10 (B)) by combining Federal funds under this Act with other

11 Federal funds from among those programs under—

12 (1) the provisions of law listed in paragraphs

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

14 (2) the Job Training Partnership Act (29

15 U.S.C. 1501 et seq.)

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

17 the Federal funds combined under subsection (a) under

18 the requirements of this Act, except that the provisions

19 contained in paragraphs (1) through (6) and paragraphs

20 (8) and (9) of section 502(c), and paragraph (1) and para21 graphs (3) through (6) of section 503(b) shall remain in

22 effect with respect to the use of such funds.

23 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

24 local partnership seeking to combine funds under sub25 section (a) must include in its application under title II

26 or title III—
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1 (1) a description of the funds it proposes to

2 combine under the requirements of this Act;

3 (2) the activities to be carried out with such

4 funds;

5 (3) the specific outcomes expected of partici6 pants in schoolwide school-to-work activities; and

7 (4) such other information as the State, or Sec8 retaries, as the case may be, may require.

9 (d) DISSEMINATION OF INFORMATION.—The local

10 partnership shall, to the extent feasible, provide informa11 tion on the proposed combination of Federal funds under

12 subsection (a) to parents, students, educators, advocacy

13 and civil rights organizations, and the public.

14 TITLE VI—SAFEGUARDS

15 SEC. 601. SAFEGUARDS.

16 The following safeguards shall apply to each School17 to-Work Opportunities program carried out under this

18 Act:

19 (1) NONDISCRIMINATION.—Nothing in this Act

20 shall be construed to modify or affect any Federal

21 or State law prohibiting discrimination on the basis

22 of race, religion, color, ethnicity, national origin,

23 gender, age, or disability.

24 (2) PROHIBITION OF WAGES.—Funds appro25 priated pursuant to section 6 shall not be expended
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1 for the wages of youth participants or workplace

2 mentors.

3 (3) LABOR STANDARDS.—The labor standards

4 contained in section 143 of the Job Training Part5 nership Act (29 U.S.C. 1553), except for the stand6 ards contained in subsection (a)(4) of such section,

7 shall apply to each program.

8 (4) INDIVIDUALS NOT ENTITLED TO SERV9 ICES.—Nothing in this Act shall be construed to

10 provide any individual with an entitlement to the

11 services authorized by this Act.

12 (5) SIMILAR AUTHORITY OF OTHER OFFICIALS

13 OR ENTITIES NOT SUPERSEDED.—Nothing in this

14 Act shall be construed to negate or supersede the

15 authority of any official or entity responsible under

16 State or other applicable law for authority that is

17 similar to authority specified under this Act.

18 (6) SUPPLEMENT NOT SUPPLANT REQUIRE19 MENT.—Funds provided under this Act shall be used

20 to supplement and not to supplant Federal, State,

21 and local public funds expended to provide services

22 for existing school-to-work opportunities systems and

23 programs.

24 (7) OTHER SAFEGUARDS.—The Secretaries

25 shall provide such other safeguards as they deem ap-
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1 propriate in order to ensure that participants in a

2 program are afforded adequate supervision by skilled

3 adult workers, or, otherwise, to further the purposes

4 of this Act.

5 TITLE VII—REAUTHORIZATION

6 OF JOB TRAINING FOR THE

7 HOMELESS DEMONSTRATION

8 PROGRAM UNDER THE STEW9 ART B. MCKINNEY HOMELESS

10 ASSISTANCE ACT

11 SEC. 701. REAUTHORIZATION.

12 Section 739(a) of the Stewart B. McKinney Homeless

13 Assistance Act (42 U.S.C. 11449(a)) is amended by strik14 ing ‘‘the following amounts:’’ and all that follows and in15 serting ‘‘such sums as may be necessary for each of the

16 fiscal years 1994 and 1995.’’.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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