Union Calendar No. 187

103D CONGRESS

1ST SESSION H. R. 2884

[Report No. 103–345]

A BILL

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

NOVEMBER 10, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 187

103D CONGRESS

1ST SESSION H. R. 2884

[Report No. 103–345]

To establish a national framework for the development of School-to-Work

Opportunities systems in all States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1993

Mr. FORD of Michigan (for himself, Mr. GEPHARDT, Mr. MILLER of California, Mr. MURPHY, Mr. KILDEE, Mr. WILLIAMS, Mr. MARTINEZ, Mr.

OWENS, Mr. SAWYER, Mr. PAYNE of New Jersey, Mrs. UNSOELD, Mrs.

MINK, Mr. ANDREWS of New Jersey, Mr. REED, Mr. ROEMER, Mr.

ENGEL, Mr. BECERRA, Mr. GENE GREEN of Texas, Ms. WOOLSEY, Mr.

ROMERO-BARCELO ́, Mr. KLINK, Mr. STRICKLAND, Mr. DE LUGO, Mr.

GOODLING, Mr. GUNDERSON, Ms. MOLINARI, Mr. RANGEL, Mr. MCCURDY, Ms. PELOSI, Mrs. LOWEY, Mr. SERRANO, Ms. DELAURO, Mr. CLAY,

Mr. BAESLER, and Mr. ROUKEMA) introduced the following bill; which

was referred to the Committee on Education and Labor

OCTOBER 7, 1993

Additional sponsors: Mr. HOYER, Mr. FALEOMAVAEGA, Mr. FROST, Mr. MAZZOLI, Mr. CASTLE, Mr. HOUGHTON, Mr. LEVIN, Mr. BONIOR, Mr.

MENENDEZ, Mr. SCOTT, Mr. GIBBONS, Ms. ENGLISH of Arizona, Mr.

OLVER, and Mr. RUSH

NOVEMBER 10, 1993

Additional sponsors: Mr. GEJDENSON, Mr. FILNER, Mr. EDWARDS of California, Mrs. LLOYD, Mr. HUGHES, Mr. STARK, Mr. FISH, Mr. CLYBURN,

Ms. KAPTUR, Mr. GILLMOR, Ms. SNOWE, Ms. NORTON, Mr. BISHOP, Mr.

EVANS, Mr. FORD of Tennessee, Mr. SANDERS, Ms. VELA ́ZQUEZ, Mr.

PAYNE of Virginia, and Mr. KOPETSKI

NOVEMBER 10, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on August 5, 1993]

A BILL

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’’.

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

7 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.
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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.

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-to-work

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.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

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

4 United States enter the workforce without bacca5 laureate degrees, and many do not possess the aca6 demic and entry-level occupational skills necessary to

7 succeed in the changing workplace;

8 (2) a substantial number of youths in the United

9 States, especially disadvantaged students, students of

10 diverse racial, ethnic, and cultural backgrounds, and

11 students with disabilities, do not complete school;

12 (3) unemployment among youths in the United

13 States is intolerably high, and earnings of high school

14 graduates have been falling relative to those individ15 uals with more education;

16 (4) the workplace in the United States is chang17 ing in response to heightened international competi18 tion and new technologies, and these forces, which are

19 ultimately beneficial to the Nation, are shrinking the

20 demand for and undermining the earning power of

21 unskilled labor;

22 (5) the United States lacks a comprehensive and

23 coherent system to help its youths acquire knowledge,

24 skills, abilities, and information about and access to

25 the labor market necessary to make an effective tran-
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1 sition from school to career-oriented work or to fur2 ther education and training;

3 (6) students in the United States can achieve

4 high academic and occupational standards, and

5 many learn better and retain more when they learn

6 in context, rather than in the abstract;

7 (7) while many students in the United States

8 have part-time jobs, there is infrequent linkage be9 tween those work experiences and either the student’s

10 career planning or exploration, or with school-based

11 learning;

12 (8) work-based learning, which is modeled after

13 the time-honored apprenticeship concept, integrates

14 theoretical instruction with structured on-the-job

15 training, and this approach, combined with school16 based learning, can be very effective in engaging stu17 dent interest, enhancing skill acquisition, developing

18 positive work attitudes, and preparing youths for

19 high-skill, high-wage careers;

20 (9) Federal resources currently fund a series of

21 categorical, work-related education and training pro22 grams, many of which serve disadvantaged youths,

23 that are not administered in a coordinated manner;

24 and
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1 (10) in 1992 approximately 3,400,000 individ2 uals in the United States ages 16 through 24 had not

3 completed high school and were not currently enrolled

4 in school, a number representing approximately 11

5 percent of all individuals in this age group, which in6 dicates that these young persons are particularly un7 prepared for the demands of a 21st century workforce.

8 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

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

10 (1) establish a national framework within which

11 all States can create statewide School-to-Work Oppor12 tunities systems that are a part of comprehensive edu13 cation reform, that are integrated with the systems

14 developed under the Goals 2000: Educate America

15 Act, and that offer opportunities for all students to

16 participate in a performance-based education and

17 training program that will enable them to earn port18 able credentials, prepare them for a first job in a

19 high-skill, high-wage career, and increase their oppor20 tunities for further education;

21 (2) utilize workplaces as active learning compo22 nents in the educational process by making employers

23 joint partners with educators in providing opportuni24 ties for all students to participate in high-quality,

25 work-based learning experiences;
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1 (3) use Federal funds as venture capital, to un2 derwrite the initial costs of planning and establishing

3 statewide School-to-Work Opportunities systems that

4 will be maintained with other Federal, State, and

5 local resources;

6 (4) promote the formation of partnerships that

7 are dedicated to linking the worlds of school and work

8 among secondary and postsecondary educational in9 stitutions, private and public employers, organized

10 labor, government, community-based organizations,

11 parents, students, and local education and training

12 agencies;

13 (5) promote the formation of partnerships be14 tween elementary, middle, and secondary schools and

15 local businesses as an investment in future workplace

16 productivity and competitiveness;

17 (6) help all students attain high academic and

18 occupational standards;

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

20 school-to-work programs, such as tech-prep education,

21 career academies, school-to-apprenticeship programs,

22 cooperative education, youth apprenticeship, business23 education compacts, and promising strategies that as24 sist school dropouts that can be developed into pro25 grams funded under this Act;
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1 (8) improve the knowledge and skills of youths

2 by integrating academic and occupational learning,

3 integrating school-based and work-based learning, and

4 building effective linkages between secondary and

5 postsecondary education;

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

7 youths, school dropouts, and youths with disabilities

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

9 and strive to succeed by providing enriched learning

10 experiences and assistance in obtaining high skill,

11 high wage employment and continuing their edu12 cation in secondary and postsecondary educational

13 institutions;

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

15 opportunities and facilitate the selection of career ma16 jors based on individual interests, goals, strengths,

17 and abilities;

18 (11) increase opportunities for minorities and

19 women by enabling individuals to prepare for careers

20 which are not traditional for their race or gender;

21 and

22 (12) further the National Education Goals set

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

24 Act.
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1 (b) CONGRESSIONAL INTENT.—It is the intent of the

2 Congress that the Secretary of Labor and the Secretary of

3 Education jointly administer this Act in a flexible manner

4 that—

5 (1) promotes State and local discretion in estab6 lishing and implementing School-to-Work Opportuni7 ties systems and programs; and

8 (2) contributes to reinventing government by

9 building on State and local capacity, eliminating du10 plication, supporting locally established initiatives,

11 requiring measurable goals for performance, and of12 fering flexibility in meeting these goals.

13 SEC. 4. DEFINITIONS.

14 For purposes of this Act, the following definitions

15 apply:

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

17 means male and female students from a broad range

18 of backgrounds and circumstances, including dis19 advantaged students, students with diverse racial, eth20 nic, and cultural backgrounds, American Indians,

21 Alaskan Natives, Native Hawaiians, students with

22 disabilities, students with limited English proficiency,

23 migrant children, school dropouts, and academically

24 talented students.
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1 (2) APPROVED STATE PLAN.—The term ‘‘ap2 proved State plan’’ or ‘‘approved plan’’ means a

3 State plan to establish a School-to-Work Opportuni4 ties system that is submitted by a State to the Sec5 retaries under section 213 and approved by the Sec6 retaries in accordance with section 214.

7 (3) CAREER GUIDANCE AND COUNSELING.—The

8 term ‘‘career guidance and counseling’’ means pro9 grams—

10 (A) which pertain to the body of subject

11 matter and related techniques and methods orga12 nized for the development in individuals of ca13 reer awareness, career planning, career decision14 making, placement skills, and knowledge and un15 derstanding of local, State, and national occupa16 tional, educational, and labor market needs,

17 trends, and opportunities;

18 (B) which assist individuals in making and

19 implementing informed educational and occupa20 tional choices; and

21 (C) which aid students to develop career op22 tions with attention to surmounting gender, race,

23 ethnic, disability, language, or socioeconomic im24 pediments to career options and encouraging ca25 reers in nontraditional occupations.
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1 (4) CAREER MAJOR.—The term ‘‘career major’’

2 means a coherent sequence of courses or field of study

3 that prepares a student for a first job and that—

4 (A) integrates occupational and academic

5 learning, integrates work-based and school-based

6 learning, and establishes linkages between sec7 ondary and postsecondary education;

8 (B) prepares the student for employment in

9 broad occupational clusters or industry sectors;

10 (C) typically includes at least 2 years of

11 secondary school and 1 or 2 years of postsecond12 ary education;

13 (D) results in the award of a high school di14 ploma, a General Equivalency Diploma, or al15 ternative diploma or certificate for those students

16 with disabilities for whom such alternative di17 ploma or certificate is appropriate, a certificate

18 or diploma recognizing successful completion of 1

19 or 2 years of postsecondary education (if appro20 priate), and a skill certificate; and

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

22 entry into a registered apprenticeship program,

23 or admission into a degree-granting college or

24 university.
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1 (5) COMMUNITY-BASED ORGANIZATIONS.—The

2 term ‘‘community-based organizations’’ has the mean3 ing given such term in section 4(5) of the Job Train4 ing Partnership Act (29 U.S.C. 1503(5)).

5 (6) ELEMENTS OF AN INDUSTRY.—The term ‘‘ele6 ments of an industry’’ means, with respect to a par7 ticular industry that a student is preparing to enter,

8 such elements as planning, management, finances,

9 technical and production skills, underlying principles

10 of technology, labor and community issues, health and

11 safety, and environmental issues related to that in12 dustry.

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

14 both public and private employers.

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

16 the chief executive of a State.

17 (9) LOCAL EDUCATIONAL AGENCY.—The term

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

19 education or other public authority legally constituted

20 within a State for either administrative control or di21 rection of, or to perform a service function for, public

22 elementary or secondary schools in a city, county,

23 township, school district, or other political subdivi24 sion of a State, or such combination of school districts

25 or counties as are recognized in a State as an admin-
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1 istrative agency for its public elementary or second2 ary schools. Such term includes any other public in3 stitution or agency having administrative control and

4 direction of a public elementary or secondary school.

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

6 partnership’’ means a local entity that is responsible

7 for local School-to-Work Opportunities programs and

8 that—

9 (A) consists of employers, representatives of

10 local educational agencies and local postsecond11 ary educational institutions (including rep12 resentatives of area vocational education schools,

13 where applicable), local educators (such as teach14 ers, counselors, or administrators), representa15 tives of organized labor, other representatives of

16 non-managerial employees, and students; and

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

18 (i) employer organizations;

19 (ii) community-based organizations;

20 (iii) national trade associations work21 ing at the local levels;

22 (iv) industrial extension centers;

23 (v) rehabilitation agencies and organi24 zations;

25 (vi) registered apprenticeship agencies;
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1 (vii) local vocational education enti2 ties;

3 (viii) proprietary institutions of higher

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

5 the Higher Education Act of 1965, (20

6 U.S.C. 1088(b)) which continue to meet the

7 eligibility and certification requirements

8 under section 498 of such Act;

9 (ix) local government agencies;

10 (x) parent organizations;

11 (xi) teacher organizations;

12 (xii) vocational student organizations;

13 (xiii) private industry councils estab14 lished under section 102 of the Job Training

15 Partnership Act (29 U.S.C. 1512);

16 (xiv) federally recognized Indian

17 tribes, Indian organizations, and Alaska

18 Native villages; and

19 (xv) Native Hawaiians.

20 (11) POSTSECONDARY EDUCATIONAL INSTITU21 TION.—The term ‘‘postsecondary educational institu22 tion’’ means an institution of higher education (as

23 such term is defined in section 481 of the Higher

24 Education Act of 1965 (20 U.S.C. 1088)) which con-
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1 tinues to meet the eligibility and certification require2 ments under section 498 of such Act.

3 (12) REGISTERED APPRENTICESHIP AGENCY.—

4 The term ‘‘registered apprenticeship agency’’ means

5 either—

6 (A) the Bureau of Apprenticeship and

7 Training in the Department of Labor; or

8 (B) a State apprenticeship agency recog9 nized and approved by the Bureau of Appren10 ticeship and Training as the appropriate body

11 for State registration or approval of local ap12 prenticeship programs and agreements for Fed13 eral purposes.

14 (13) REGISTERED APPRENTICESHIP PROGRAM.—

15 The term ‘‘registered apprenticeship program’’ means

16 a program registered by a registered apprenticeship

17 agency.

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

19 services’’ includes the types of services described in

20 section 602(17) of the Individuals with Disabilities

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

22 (15) SCHOOL DROPOUT.—The term ‘‘school drop23 out’’ means an individual who is no longer attending

24 any school, is subject to a compulsory attendance law,

25 and who has not received a secondary school diploma
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1 or a certificate from a program of equivalency for

2 such a diploma.

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

4 site mentor’’ means a professional employed at the

5 school who is designated as the advocate for a par6 ticular student, and who works in consultation with

7 classroom teachers, counselors, and the employer to

8 design and monitor the progress of the student’s

9 school-to-work program.

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

11 means the Secretary of Education and the Secretary

12 of Labor.

13 (18) SKILL CERTIFICATE.—The term ‘‘skill cer14 tificate’’ means a portable, industry-recognized cre15 dential issued by a School-to-Work Opportunities pro16 gram under an approved plan, that certifies that a

17 student has mastered skills at levels that are at least

18 as challenging as skill standards endorsed by the Na19 tional Skill Standards Board established under the

20 Goals 2000: Educate America Act, except that until

21 such skill standards are developed, the term ‘‘skill cer22 tificate’’ means a credential issued under a process

23 described in a State’s approved plan.

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

2 subparagraph (B), the term ‘‘State’’ means each

3 of the several States, the District of Columbia,

4 and the Commonwealth of Puerto Rico.

5 (B) TITLES IV AND V.—For purposes of ti6 tles IV and V, the term ‘‘State’’ means each of

7 the several States, the District of Columbia, the

8 Commonwealth of Puerto Rico, the Common9 wealth of the Northern Mariana Islands, Amer10 ican Samoa, Guam, the Virgin Islands, the Fed11 erated States of Micronesia, the Republic of the

12 Marshall Islands, and Palau.

13 (20) STATE EDUCATIONAL AGENCY.—The term

14 ‘‘State educational agency’’ means the officer or agen15 cy primarily responsible for the State supervision of

16 public elementary and secondary schools.

17 (21) WORKPLACE MENTOR.—The term ‘‘work18 place mentor’’ means an employee at the workplace

19 who possesses the skills and knowledge to be mastered

20 by a student, and who instructs the student, critiques

21 the student’s performance, challenges the student to

22 perform well, and works in consultation with class23 room teachers and the employer.

24 SEC. 5. FEDERAL ADMINISTRATION.

25 (a) JOINT ADMINISTRATION.—
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1 (1) IN GENERAL.—Notwithstanding the Depart2 ment of Education Organization Act (20 U.S.C. 3401

3 et seq.), the General Education Provisions Act (20

4 U.S.C. 1221 et seq.), the statutory provisions relating

5 to the establishment of the Department of Labor (29

6 U.S.C. 551 et seq.), and section 166 of the Job Train7 ing Partnership Act (29 U.S.C. 1576), the Secretaries

8 shall jointly provide for the administration of this

9 Act, and may issue whatever procedures, guidelines,

10 and regulations, in accordance with section 553 of

11 title 5, United States Code, they deem necessary and

12 appropriate to administer and enforce the provisions

13 of this Act.

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

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

16 Secretaries shall develop and submit a plan for the

17 joint administration of this Act to the Committee on

18 Education and Labor of the House of Representatives

19 and the Committee on Labor and Human Resources

20 of the Senate for review and comment on such plan

21 by such committees.

22 (b) TERMINATION OR SUSPENSION OF ASSISTANCE.—

23 (1) IN GENERAL.—The Secretaries may termi24 nate or suspend any financial assistance under this

25 Act, in whole or in part, or not extend payments
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1 under an existing grant under this Act, if the Sec2 retaries determine that a recipient has failed to meet

3 any requirements of this Act, including—

4 (A) reporting requirements under section

5 402(c);

6 (B) regulations under this Act; or

7 (C) an approved plan submitted pursuant

8 to this Act.

9 (2) NOTICE AND OPPORTUNITY FOR HEARING.—

10 If the Secretaries terminate or suspend financial as11 sistance, or do not extend payments under an existing

12 grant under paragraph (1), with respect to recipient

13 or proposed recipient, then the Secretaries shall pro14 vide—

15 (A) prompt notice to such recipient or pro16 posed recipient; and

17 (B) the opportunity for a hearing to such

18 recipient or proposed recipient not later than 30

19 days after the date on which such notice is pro20 vided.

21 (3) NONDELEGATION.—The Secretaries shall not

22 delegate any of the functions or authority specified

23 under this subsection, other than to an officer whose

24 appointment was required to be made by and with

25 the advice and consent of the Senate.
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1 (c) ACCEPTANCE OF GIFTS.—The Secretaries are au2 thorized, in carrying out this Act, to accept, purchase, or

3 lease in the name of the Department of Labor or the Depart4 ment of Education, and employ or dispose of in furtherance

5 of the purposes of this Act, any money or property, real,

6 personal, or mixed, tangible or intangible, received by gift,

7 devise, bequest, or otherwise.

8 (d) USE OF VOLUNTARY AND UNCOMPENSATED SERV9 ICES.—Notwithstanding section 1342 of title 31, United

10 States Code, the Secretaries are authorized to accept vol11 untary and uncompensated services in furtherance of the

12 purposes of this Act.

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Secretaries to carry out this Act $300,000,000

16 for fiscal year 1995 and such sums as may be necessary

17 for each of the fiscal years 1996 through 2002.

18 (b) RESERVATIONS.—From amounts appropriated

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

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

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

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

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

24 Mariana Islands, American Samoa, Guam, the Vir-
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1 gin Islands, the Federated States of Micronesia, the

2 Republic of the Marshall Islands, and Palau;

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

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

5 fiscal year to provide grants under subtitle C of title

6 II to establish and carry out School-to-Work Opportu7 nities programs for Indian youths that involve Bu8 reau funded schools (as defined in section 1139(3) of

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

10 2019(3)));

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

12 of such amounts for such fiscal year to provide grants

13 under section 302(b) to local partnerships located in

14 high poverty areas; and

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

16 than 5 percent of such amounts for such fiscal year

17 to carry out title IV.

18 (c) AVAILABILITY OF FUNDS.—Amounts authorized to

19 be appropriated under subsection (a) are authorized to re20 main available until expended.
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1 TITLE I—SCHOOL-TO-WORK OP2 PORTUNITIES BASIC PRO3 GRAM COMPONENTS

4 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

5 A School-to-Work Opportunities program under this

6 Act shall—

7 (1) integrate work-based learning and school8 based learning, as provided for in sections 102 and

9 103, integrate academic and occupational learning,

10 and build effective linkages between secondary and

11 postsecondary education;

12 (2) provide all students opportunities to complete

13 a career major; and

14 (3) incorporate the basic program components

15 provided in sections 102 through 104.

16 SEC. 102. WORK-BASED LEARNING COMPONENT.

17 The work-based learning component of a School-to18 Work Opportunities program shall include—

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

20 experiences, including pre-employment and employ21 ment skills to be mastered at progressively higher lev22 els, that are relevant to a student’s career major and

23 lead to the award of a skill certificate;

24 (2) paid work experience;

25 (3) workplace mentoring;
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1 (4) instruction in general workplace com2 petencies; and

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

4 an industry.

5 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

6 The school-based learning component of a School-to7 Work Opportunities program shall include—

8 (1) career awareness and career exploration and

9 counseling (beginning at the earliest possible age, but

10 beginning no later than the middle school grades) in

11 order to help students who may be interested to iden12 tify, and select or reconsider, their interests, goals,

13 and career majors, including those options that may

14 not be traditional for their gender, race, or ethnicity;

15 (2) initial selection by interested students of a

16 career major not later than the beginning of the 11th

17 grade;

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

19 same academic content standards the State has estab20 lished for all students, including, where applicable,

21 standards established under the Goals 2000: Educate

22 America Act, and to meet the requirements necessary

23 for a student to earn a skill certificate;

24 (4) a program of instruction and curriculum

25 that integrates academic and vocational learning (in-
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1 cluding applied methodologies and team-teaching

2 strategies), and incorporates instruction in a variety

3 of elements of an industry, appropriately tied to a

4 participant’s career major;

5 (5) regularly scheduled evaluations involving on6 going consultation with students and school dropouts

7 to identify their academic strengths and weaknesses,

8 academic progress, workplace knowledge, goals, and

9 the need for additional learning opportunities to mas10 ter core academic and vocational skills; and

11 (6) mechanisms which allow students participat12 ing in a school-to-work program to transfer to a post13 secondary program.

14 SEC. 104. CONNECTING ACTIVITIES COMPONENT.

15 The connecting activities component of a School-to16 Work Opportunities program shall include—

17 (1) matching students with employers’ work18 based learning opportunities;

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

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

21 other community partners;

22 (3) providing technical assistance and services to

23 employers, including small and medium sized busi24 nesses, and others in designing work-based and school25 based learning components, counseling and case man-
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1 agement services, and in the training of teachers,

2 workplace mentors, school site mentors, and coun3 selors;

4 (4) providing assistance to schools and employers

5 to integrate school-based and work-based learning and

6 integrate academic and occupational learning;

7 (5) providing assistance to participants who

8 have completed the program in finding an appro9 priate job, continuing their education, or entering

10 into an additional training program, and linking

11 students with other community services which may be

12 necessary to assure a successful transition from school

13 to work;

14 (6) collecting information regarding post-pro15 gram outcomes of participants in the School-to-Work

16 Opportunities program and analyzing such informa17 tion, to the extent practicable, on the basis of socio18 economic status, race, gender, ethnicity, disability,

19 limited English proficiency, school dropouts, and aca20 demically talented students; and

21 (7) linking youth development activities under

22 this Act with employer and industry strategies for

23 upgrading the skills of their workers.
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1 TITLE II—SCHOOL-TO-WORK OP2 PORTUNITIES SYSTEM DEVEL3 OPMENT AND IMPLEMENTA4 TION 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 the

9 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 devel13 opment grants to States in such amounts as the Secretaries

14 determine is necessary to enable such States to complete de15 velopment of comprehensive, statewide School-to-Work Op16 portunities systems that may have begun with funds pro17 vided under the Job Training Partnership Act (29 U.S.C.

18 1501 et seq.) and the Carl D. Perkins Vocational and Ap19 plied Technology Education Act (20 U.S.C. 2301 et seq.).

20 (b) GRANTS TO TERRITORIES.—From amounts re21 served under section 6(b)(1), the Secretaries shall provide

22 grants in accordance with this subtitle to the Common23 wealth of the Northern Mariana Islands, American Samoa,

24 Guam, the Virgin Islands, the Federated States of Microne25 sia, the Republic of the Marshall Islands, and Palau, to
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1 complete development of comprehensive School-to-Work Op2 portunities systems in those territories.

3 SEC. 203. APPLICATION.

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

5 a development grant under section 202 to a State unless

6 the State submits to the Secretaries an application in such

7 form and containing such information as the Secretaries

8 may reasonably require.

9 (b) COORDINATION WITH GOALS 2000: EDUCATE

10 AMERICA ACT.—A State seeking assistance under both this

11 Act and the Goals 2000: Educate America Act may—

12 (1) submit a single application containing plans

13 that meet the requirements of both Acts and ensure

14 that both plans are coordinated and not duplicative;

15 or

16 (2) if such State has already submitted its appli17 cation for funds under the Goals 2000: Educate

18 America Act, submit its application under this Act as

19 an amendment to the Goals 2000: Educate America

20 Act application so long as such amendment meets the

21 requirements of this Act and is coordinated with and

22 not duplicative of the Goals 2000: Educate America

23 Act application.

24 (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 devel3 opment necessary to implement a comprehensive,

4 statewide School-to-Work Opportunities system for all

5 students;

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

7 educational agency, the State agency officials respon8 sible for vocational education, job training, and em9 ployment, economic development, and postsecondary

10 education, the State sex equity coordinator assigned

11 under section 111(b)(1) of the Carl D. Perkins Voca12 tional and Applied Technology Education Act (20

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

14 will collaborate in the planning and development of

15 the State School-to-Work Opportunities system;

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

17 and will continue to enlist the active and continued

18 participation in the planning and development of the

19 statewide School-to-Work Opportunities system of em20 ployers and other interested parties such as locally

21 elected officials, secondary and postsecondary edu22 cational institutions or agencies, business associa23 tions, industrial extension centers, employees, orga24 nized labor, teachers, related services personnel, stu25 dents, parents, community-based organizations, In-
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1 dian tribes, rehabilitation agencies and organizations,

2 registered apprenticeship agencies, and vocational

3 educational agencies;

4 (4) a description of how the State will coordinate

5 its planning activities with each local partnership

6 within the State that has received a grant under title

7 III, if any;

8 (5) a designation of a fiscal agent to receive and

9 be accountable for funds provided from a grant under

10 section 202; and

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

12 opportunities for students from low-income families,

13 low achieving students, students with limited English

14 proficiency, and school dropouts to participate in

15 school-to-work programs.

16 SEC. 204. USE OF AMOUNTS.

17 The Secretaries may not provide a development grant

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

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

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

21 may include—

22 (1) identifying or establishing an appropriate

23 State structure to administer the School-to-Work Op24 portunities system;
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1 (2) identifying existing secondary and post2 secondary school-to-work programs which might be in3 corporated 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 Op9 portunities programs;

10 (4) developing a marketing plan to build consen11 sus and support for School-to-Work Opportunities

12 programs;

13 (5) promoting the active involvement of business

14 (including small and medium sized businesses) in

15 planning, developing, and implementing local School16 to-Work Opportunities programs, and in establishing

17 partnerships with elementary, middle, and secondary

18 schools;

19 (6) identifying ways that existing local school-to20 work programs could be coordinated with the state21 wide 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 teach25 ers, employers, mentors, counselors, administrators,
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1 and others, in the development of School-to-Work Op2 portunities programs;

3 (8) developing training programs for teachers,

4 counselors, mentors, and others on counseling and

5 training women, minorities, and individuals with

6 disabilities for high-skill, high-wage careers in non7 traditional 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 Na12 tional Skill Standards Board and the criteria estab13 lished 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 analy17 sis 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 drop21 outs;

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 strategies

2 to recruit and retain all students in programs under

3 this Act, including those from a broad range of back4 grounds and circumstances, through collaborations

5 with community-based organizations, where appro6 priate, and other entities with expertise in working

7 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 history

11 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 the

5 territories in the implementation of comprehensive, state6 wide School-to-Work Opportunities systems.

7 SEC. 212. AUTHORIZATION.

8 (a) IN GENERAL.—The Secretaries may provide imple9 mentation grants to States in such amounts as the Secretar10 ies determine is necessary to enable such States to imple11 ment comprehensive, statewide School-to-Work Opportuni12 ties 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 Samoa,

17 Guam, the Virgin Islands, the Federated States of Microne18 sia, the Republic of the Marshall Islands, and Palau, to

19 implement comprehensive School-to-Work Opportunities

20 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 the
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1 availability of appropriations for the fiscal year involved

2 to make the payments.

3 (d) LIMITATION.—A State or territory shall be eligible

4 to receive only 1 implementation grant under subsection (a)

5 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 in

10 such form and containing such information as the Secretar11 ies may reasonably require.

12 (b) COORDINATION WITH GOALS 2000: Educate Amer13 ica Act.—A State seeking assistance under both this Act

14 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 appli20 cation for funds under the Goals 2000: Educate

21 America Act, submit its application under this Act as

22 an amendment to the Goals 2000: Educate America

23 Act application so long as such amendment meets the

24 requirements of this Act and is coordinated with and
35

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1 not duplicative of the Goals 2000: Educate America

2 Act application.

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

4 (1) a plan for a comprehensive, statewide School5 to-Work Opportunities system under a State plan

6 that meets the requirements described in subsection

7 (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 such

11 a request, for 1 or more waivers of certain statutory

12 or regulatory requirements, as provided for under

13 title V.

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

15 (1) designate the geographical areas to be served

16 by local partnerships, which shall, to the extent fea17 sible, reflect local labor market areas;

18 (2) describe how the State will stimulate and

19 support local School-to-Work Opportunities programs

20 that meet the requirements of this Act, and how the

21 State’s system will be expanded over time to cover all

22 geographic areas in the State, including urban and

23 rural areas;

24 (3) describe the procedure by which the Governor,

25 the State educational agency, the State agency offi-
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1 cials responsible for vocational education, job training

2 and employment, economic development, and post3 secondary education, the State sex equity coordinator

4 assigned under section 111(b)(1) of the Carl D. Per5 kins Vocational and Applied Technology Education

6 Act (20 U.S.C. 2321(b)(1)), and other appropriate of7 ficials will collaborate in the implementation of the

8 School-to-Work Opportunities system;

9 (4) describe how the State has obtained and will

10 continue to obtain the active involvement in the state11 wide School-to-Work Opportunities system of employ12 ers and other interested parties such as locally elected

13 officials, secondary and postsecondary educational in14 stitutions or agencies, business associations, indus15 trial extension centers, employees, organized labor,

16 teachers, related services personnel, students, parents,

17 community-based organizations, rehabilitation agen18 cies and organizations, registered apprenticeship

19 agencies, local vocational educational agencies, voca20 tional student organizations, and State or regional

21 cooperative education associations;

22 (5) describe how the School-to-Work Opportuni23 ties system will coordinate with or integrate existing

24 local school-to-work programs and other appropriate

25 programs, including those financed from State and
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1 private sources, with funds available from related

2 programs under other provisions of Federal law, such

3 as—

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

5 1201 et seq.);

6 (B) the Carl D. Perkins Vocational and Ap7 plied Technology Education Act (20 U.S.C. 2301

8 et seq.);

9 (C) the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 2701 et seq.);

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

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

13 (E) the Job Opportunities and Basic Skills

14 Training Program authorized under part F of

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

16 681 et seq.);

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

18 (G) the Individuals With Disabilities Edu19 cation Act (20 U.S.C. 1400 et seq.);

20 (H) the Job Training Partnership Act (29

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

22 (I) the National Apprenticeship Act (29

23 U.S.C. 50 et seq.);

24 (J) the Rehabilitation Act of 1973 (29

25 U.S.C. 701 et seq.); and
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1 (K) the National and Community Service

2 Trust Act of 1993;

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

4 training for teachers, employers, mentors, counselors,

5 and others, including programs which focus on the

6 counseling and training of women, minorities, and

7 individuals with disabilities for high-skill, high-wage

8 careers in non-traditional occupations, and provide

9 assurance of coordination with such activities in

10 other Acts;

11 (7) describe how the State will adopt, develop, or

12 assist local partnerships in the development of model

13 curricula and innovative instructional methodologies,

14 to be used in the secondary, and where possible, the

15 elementary grades, that integrate academic and voca16 tional learning and promote career awareness, and

17 that are consistent with academic and skill standards

18 established pursuant to the Goals 2000: Educate

19 America Act;

20 (8) describe how the State will expand and im21 prove career and academic counseling in the elemen22 tary and secondary grades, which may include link23 ages to career counseling and labor market informa24 tion services outside of the school system;
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1 (9) describe the resources, including private sec2 tor resources, the State intends to employ in main3 taining the School-to-Work Opportunities system

4 when funds under this Act are no longer available;

5 (10) describe how the State will ensure effective

6 and meaningful opportunities for all students to par7 ticipate in School-to-Work Opportunities programs;

8 (11) describe the State’s goals and the methods it

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

10 opportunities for young women to participate in

11 School-to-Work Opportunities programs in a manner

12 that leads to employment in high-performance, high13 paying jobs, including nontraditional employment,

14 and goals to ensure an environment free from racial

15 and sexual harassment;

16 (12) describe how the State will ensure opportu17 nities for low achieving students, students with dis18 abilities, and school dropouts to participate in

19 School-to-Work Opportunities programs;

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

21 skills and knowledge required in career majors and

22 awarding skill certificates that is consistent with the

23 work of the National Skill Standards Board and the

24 criteria established under Goals 2000: Educate Amer25 ica Act;
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1 (14) describe the manner in which the State will,

2 to the extent feasible, continue programs funded under

3 title III in the State School-to-Work Opportunities

4 system;

5 (15) describe how local school-to-work programs,

6 including those funded under title III, if any, will be

7 integrated into the State School-to-Work Opportuni8 ties system;

9 (16) describe the performance standards that the

10 State intends to meet in establishing and carrying

11 out the School-to-Work Opportunities system, includ12 ing how the standards developed under section 115 of

13 the Carl D. Perkins Vocational and Applied Tech14 nology Education Act (20 U.S.C. 2301 et seq.) have

15 been incorporated into such performance standards or

16 are used in coordination with such standards;

17 (17) designate a fiscal agent to receive and be ac18 countable for funds provided from a grant under sec19 tion 212; and

20 (18) describe the means by which students who

21 are involved in a school-to-work program may trans22 fer to a post-secondary program.

23 (e) SIMILAR AUTHORITY OF OTHER OFFICIALS OR EN24 TITIES NOT SUPERSEDED.—Nothing in this section shall

25 be construed to negate or supersede the authority of any
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1 official or entity responsible under State or other applicable

2 law for authority that is similar to authority specified

3 under this Act.

4 SEC. 214. REVIEW OF APPLICATION.

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

6 application submitted by a State under section 213, includ7 ing the State plan contained in such application, and shall

8 approve or disapprove such application in accordance with

9 this section.

10 (b) APPROVAL CRITERIA.—The Secretaries may ap11 prove an application only if the State demonstrates in the

12 application—

13 (1) that the State plan is replicable, sustainable,

14 and innovative;

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

16 will collaborate in the planning and development of

17 the proposed plan;

18 (3) that other Federal, State, and local resources

19 will be used to implement the proposed plan;

20 (4) the extent to which such plan would limit

21 administrative costs and increase amounts spent on

22 delivery of services to students enrolled in programs

23 under this Act; and

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

25 least 1 urban and at least 1 rural area, the State will
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1 ensure the establishment of a partnership in at least

2 1 urban and 1 rural area in the State.

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

4 an application submitted by a State does not meet the cri5 teria under subsection (b), or that the application is incom6 plete or otherwise unsatisfactory, the Secretaries shall—

7 (1) notify the State of the reasons for the failure

8 to approve the application;

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

10 under subsection (b), inform the State of the oppor11 tunity to apply for a development grant under sub12 title A, except that further development funds may

13 not be awarded to a State that receives an implemen14 tation grant; and

15 (3) if the application is incomplete or otherwise

16 unsatisfactory, permit the State to resubmit a cor17 rected or amended application.

18 (d) USE OF FUNDS FOR REVIEW OF APPLICATIONS.—

19 The Secretaries may use amounts reserved under section

20 6(b)(4) for the review of applications submitted under sub21 section (a).

22 SEC. 215. USE OF AMOUNTS.

23 The Secretaries may not provide an implementation

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

25 that it will use all amounts received from such grant to
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1 implement the State’s School-to-Work Opportunities system

2 in accordance with the following requirements:

3 (1) SUBGRANTS TO LOCAL PARTNERSHIPS.—

4 (A) AUTHORITY.—

5 (i) IN GENERAL.—Except as provided

6 in clause (ii), the State shall provide

7 subgrants to local partnerships, according

8 to criteria established by the State, for the

9 purpose of carrying out School-to-work Op10 portunities programs described in title I.

11 (ii) PROHIBITION.—The State shall not

12 provide subgrants to local partnerships that

13 have received implementation grants under

14 title III, except that this prohibition shall

15 not apply with respect to local partnerships

16 that are located in high poverty areas, as

17 such term is defined in such title.

18 (B) APPLICATION BY LOCAL PARTNER19 SHIP.—The State may not provide a subgrant

20 under subparagraph (A) to a local partnership

21 unless the partnership submits to the State an

22 application that—

23 (i) describes how the program will in24 clude the basic program components and

25 otherwise meet the requirements of this Act;
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1 (ii) sets forth measurable program

2 goals and outcomes;

3 (iii) describes the local strategies and

4 timetables to provide School-to-Work Oppor5 tunities program opportunities for all stu6 dents as appropriate for the specific local7 ity;

8 (iv) provides assurances that, to the ex9 tent practicable, school-to-work opportuni10 ties provided to students will be in indus11 tries and occupations offering high-skill,

12 high-wage employment opportunities; and

13 (v) provides such other information as

14 the State may require.

15 (C) DISAPPROVAL OF APPLICATION.—If the

16 State determines that an application submitted

17 by a local partnership does not meet the criteria

18 under subparagraph (B), or that the application

19 is incomplete or otherwise unsatisfactory, the

20 State shall—

21 (i) notify the local partnership of the

22 reasons for the failure to approve the appli23 cation; and

24 (ii) if the application is incomplete or

25 otherwise unsatisfactory, permit the local
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1 partnership to resubmit a corrected or

2 amended application.

3 (D) USE OF AMOUNTS BY LOCAL PARTNER4 SHIP.—The State may not provide a subgrant

5 under subparagraph (A) to a local partnership

6 unless the partnership agrees that it will use all

7 amounts received from such subgrant to carry

8 out activities to implement School-to-Work Op9 portunities programs described in title I, and

10 such activities may include—

11 (i) recruiting and providing assistance

12 to employers, including small and medium

13 sized businesses, to provide the work-based

14 learning components in the School-to-Work

15 Opportunities program;

16 (ii) establishing consortia of employers

17 to support the School-to-Work Opportunities

18 program and provide access to jobs related

19 to students’ career majors;

20 (iii) supporting or establishing

21 intermediaries to perform the activities de22 scribed in section 104 and to provide assist23 ance to students and school dropouts in ob24 taining jobs and further education and

25 training;
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1 (iv) designing or adapting school cur2 ricula that can be used to integrate aca3 demic and vocational learning, school-based

4 and work-based learning, and secondary

5 and postsecondary education;

6 (v) providing training to work-based

7 and school-based staff on new curricula, stu8 dent assessments, student guidance, and

9 feedback to the school regarding student per10 formance;

11 (vi) designing or expanding and im12 proving career awareness, exploration, and

13 counseling activities, beginning at the earli14 est possible age, but beginning no later than

15 the middle school grades;

16 (vii) establishing in schools participat17 ing in a School-to-Work Opportunities pro18 gram a graduation assistance program to

19 assist at-risk students, low-achieving stu20 dents, and students with disabilities in

21 graduating from high school, enrolling in

22 postsecondary education or training, and

23 finding or advancing in jobs;
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1 (viii) providing supplementary and

2 support services, including child care and

3 transportation;

4 (ix) conducting or obtaining an in

5 depth analysis of the local labor market and

6 the generic and specific skill needs of em7 ployers to identify high-demand, high-wage

8 careers to target;

9 (x) integrating work-based and school10 based learning into existing job training

11 programs for school dropouts;

12 (xi) establishing or expanding school13 to-apprenticeship programs in cooperation

14 with registered apprenticeship agencies and

15 apprenticeship sponsors;

16 (xii) assisting participating employers,

17 including small- and medium-size busi18 nesses, to identify and train workplace men19 tors and to develop work-based learning

20 components;

21 (xiii) promoting the formation of part22 nerships between elementary, middle, and

23 secondary schools and local businesses as an

24 investment in future workplace productivity

25 and competitiveness;
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1 (xiv) designing local strategies to pro2 vide adequate planning time and staff de3 velopment activities for teachers, school

4 counselors, and school site mentors, includ5 ing opportunities outside the classroom

6 which are in the worksite;

7 (xv) enhancing linkages between exist8 ing after-school, weekend, and summer jobs,

9 career exploration and school-based learn10 ing; and

11 (xvi) coordinating recruitment of drop12 outs and at-risk and disadvantaged youths

13 by the local partnership with recruitment of

14 these individuals by organizations and in15 stitutions which have a history of success in

16 working with these targeted individuals.

17 (E) PARTNERSHIP COMPACT.—The State

18 may not provide a subgrant under subparagraph

19 (A) to a local partnership unless the partnership

20 agrees that it will establish a process by which

21 the responsibilities and expectations of students,

22 parents, employers, and schools are clearly estab23 lished and agreed upon at the point of entry of

24 the student into a career major program of

25 study.
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1 (F) ADMINISTRATIVE COSTS.—The local

2 partnership may not use more than 5 percent of

3 amounts received from a subgrant under sub4 paragraph (A) for any fiscal year for adminis5 trative costs associated with activities in carry6 ing out, but not including, activities under sub7 paragraphs (D) and (E) for such fiscal year.

8 (G) ALLOCATION REQUIREMENTS.—

9 (i) FIRST YEAR.—In the 1st fiscal year

10 for which a State receives amounts from a

11 grant under section 212, the State shall use

12 not less than 70 percent of such amounts to

13 provide subgrants to local partnerships

14 under subparagraph (A).

15 (ii) SECOND YEAR.—In the 2d fiscal

16 year for which a State receives amounts

17 from a grant under section 212, the State

18 shall use not less than 80 percent of such

19 amounts to provide subgrants to local part20 nerships under subparagraph (A).

21 (iii) THIRD YEAR AND SUCCEEDING

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

23 State receives amounts from a grant under

24 section 212, and in each succeeding year,

25 the State shall use not less than 90 percent
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1 of such amounts to provide subgrants to

2 local partnerships under subparagraph (A).

3 (2) ADDITIONAL STATE ACTIVITIES.—The State

4 may also—

5 (A) recruit and provide assistance to em6 ployers to provide work-based learning for all

7 students;

8 (B) conduct outreach activities to promote

9 and support collaboration in School-to-Work Op10 portunities programs by businesses, organized

11 labor, and other organizations;

12 (C) provide training for teachers, employ13 ers, workplace mentors, counselors, and others;

14 (D) provide labor market information to

15 local partnerships that is useful in determining

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

17 demand;

18 (E) design or adapt model curricula that

19 can be used to integrate academic and vocational

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

21 and secondary and postsecondary education;

22 (F) design or adapt model work-based

23 learning programs and identifying best prac24 tices;
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1 (G) conduct outreach activities and provid2 ing technical assistance to other States that are

3 developing or implementing School-to-Work Op4 portunities systems;

5 (H) reorganize and streamline State sys6 tems to facilitate the development of a com7 prehensive School-to-Work Opportunities system;

8 (I) identify ways that existing local school9 to-work programs could be integrated with the

10 statewide School-to-Work Opportunities system;

11 (J) design career awareness and exploration

12 activities (that may begin as early as the elemen13 tary grades, but beginning no later than middle

14 school grades) such as job shadowing, job site vis15 its, school visits by individuals in various occu16 pations, and mentoring;

17 (K) design and implement school-sponsored

18 work experiences, such as school-sponsored enter19 prises and community development projects;

20 (L) encourage the formation of partnerships

21 between elementary, middle, and secondary

22 schools and local businesses as an investment in

23 future workplace productivity and competitive24 ness;
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1 (M) coordinate recruitment of out-of-school,

2 at-risk, and disadvantaged youths with those or3 ganizations and institutions who have a success4 ful history of working with such youths; and

5 (N) conduct outreach to all students in a

6 manner that most appropriately meets their need

7 and the needs of their communities.

8 SEC. 216. ALLOCATION REQUIREMENT.

9 The Secretaries shall establish the minimum and max10 imum amounts available for an implementation grant

11 under section 212, and shall determine the actual amount

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

13 and quality of the plan and the number of projected pro14 gram participants.

15 SEC. 217. ADMINISTRATIVE COSTS.

16 The State may not use more than 5 percent of amounts

17 received from an implementation grant under section 212

18 for any fiscal year for administrative costs associated with

19 activities in carrying out, but not including, activities

20 under section 215 for such fiscal year.

21 SEC. 218. REPORTS.

22 The Secretaries may not provide an implementation

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

24 that it will submit to the Secretaries such periodic reports
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1 as the Secretaries may reasonably require relating to the

2 use of amounts from such grant.

3 Subtitle C—Development and Im4 plementation Grants for School5 to-Work Programs for Indian

6 Youths

7 SEC. 221. AUTHORIZATION.

8 (a) IN GENERAL.—From amounts reserved under sec9 tion 6(b)(2), the Secretaries shall provide grants to establish

10 and carry out School-to-Work Opportunities programs for

11 Indian youths that involve Bureau funded schools (as de12 fined in section 1139(3) of the Education Amendments of

13 1978 (25 U.S.C. 2019(3))).

14 (b) ADDITIONAL AUTHORITIES.—The Secretaries may

15 carry out subsection (a) through such means as they find

16 appropriate, including—

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

18 Interior; and

19 (2) the provision of financial assistance to In20 dian tribes and Indian organizations.

21 SEC. 222. REQUIREMENTS.

22 In providing grants under section 221, the Secretaries

23 shall require recipients of such grants to comply with re24 quirements similar to those requirements imposed on States

25 under subtitles A and B of this title.
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1 TITLE III—FEDERAL IMPLEMEN2 TATION GRANTS TO LOCAL

3 PARTNERSHIPS

4 SEC. 301. PURPOSES.

5 The purposes of this title are—

6 (1) to authorize the Secretaries to provide com7 petitive grants directly to local partnerships in order

8 to provide funding for communities that have built a

9 sound planning and development base for School-to10 Work Opportunities programs and are ready to begin

11 implementing a local School-to-Work Opportunities

12 program; and

13 (2) to authorize the Secretaries to provide com14 petitive grants to local partnerships to implement

15 School-to-Work Opportunities programs in high pov16 erty areas of urban and rural communities to provide

17 support for a comprehensive range of education,

18 training, and support services for youths residing in

19 such areas.

20 SEC. 302. AUTHORIZATION.

21 (a) GRANTS TO LOCAL PARTNERSHIPS.—

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

23 Secretaries may provide implementation grants di24 rectly to local partnerships in States in such amounts

25 as the Secretaries determine is necessary to enable
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1 such partnerships to implement a School-to-Work Op2 portunities program.

3 (2) RESTRICTIONS.—A local partnership—

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

5 under this subsection;

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

7 under this subsection if such partnership is lo8 cated in a State that—

9 (i) has been provided an implementa10 tion grant under section 212; and

11 (ii) has received amounts from such

12 grant for any fiscal year after the 1st fiscal

13 year under such grant; and

14 (C) that receives a grant under this sub15 section shall not be eligible to receive a grant

16 under subsection (b).

17 (b) GRANTS TO LOCAL PARTNERSHIPS IN HIGH POV18 ERTY AREAS.—

19 (1) IN GENERAL.—Subject to paragraphs (2) and

20 (3), the Secretaries shall, from amounts reserved

21 under section 6(b)(3), provide grants to local partner22 ships which are located in high poverty areas in

23 States in such amounts as the Secretaries determine

24 is necessary to enable such partnerships to implement
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1 a School-to-Work Opportunities program in such

2 areas.

3 (2) RESTRICTIONS.—A local partnership—

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

5 under this subsection; and

6 (B) that receives a grant under this sub7 section shall not be eligible to receive a grant

8 under subsection (a).

9 (3) PRIORITY.—In providing grants under para10 graph (1), the Secretaries shall give priority to local

11 partnerships that have a demonstrated effectiveness in

12 the delivery of comprehensive vocational preparation

13 programs with successful rates in job placement

14 through cooperative activities among local educational

15 agencies, local businesses, labor organizations, and

16 other organizations.

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

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

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

20 approval of the Secretaries and subject to the availability

21 of appropriations for the fiscal year involved to make the

22 payments.
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1 SEC. 303. APPLICATION.

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

3 an implementation grant under section 302 to a local part4 nership unless the partnership—

5 (1) submits to the State for review and comment

6 an application in such form and containing such in7 formation as the Secretaries may reasonably require;

8 and

9 (2) submits such application to the Secretaries.

10 (b) TIME LIMIT FOR STATE REVIEW AND COMMENT.—

11 (1) IN GENERAL.—The State shall provide for re12 view and comment on the application under sub13 section (a) not later than 30 days after the date on

14 which the State receives the application from the local

15 partnership.

16 (2) SUBMISSION WITHOUT STATE REVIEW AND

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

18 comment within the 30-day time period specified in

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

20 application to the Secretaries without first obtaining

21 such review and comment.

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

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

24 and be accountable for amounts received from a grant

25 under section 302;
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1 (2) the State’s comments regarding such applica2 tion under subsection (a)(1);

3 (3) information that is consistent with the con4 tent requirements for a State plan that are specified

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

6 (4) a description of how the partnership will

7 meet the other requirements of this Act.

8 (d) USE OF FUNDS FOR REVIEW OF APPLICATIONS.—

9 The Secretaries may use amounts reserved under section

10 6(b)(4) for the review of applications submitted under sub11 section (a).

12 SEC. 304. USE OF AMOUNTS.

13 The Secretaries may not provide an implementation

14 grant under section 302 to a local partnership unless the

15 partnership agrees that it will use all amounts from such

16 grant to carry out activities to implement a School-to-Work

17 Opportunities program described in title I, including the

18 activities described in clauses (i) through (xvi) of section

19 215(1)(D).

20 SEC. 305. CONFORMITY WITH APPROVED STATE PLAN.

21 The Secretaries may not award a grant under section

22 302 to a local partnership located in a State that has an

23 approved plan unless the Secretaries determine, after con24 sultation with the State, that the plan submitted by the

25 partnership is in accord with the approved State plan.
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1 SEC. 306. REPORTS.

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 submit to the Secretaries

5 such periodic reports as the Secretaries may reasonably re6 quire relating to the use of amounts from such grant.

7 SEC. 307. HIGH POVERTY AREA DEFINED.

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

9 means—

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

11 tracts, a nonmetropolitan county, a Native American

12 Indian reservation, or an Alaska Native village, with

13 a poverty rate of 30 percent or more, as determined

14 by the Bureau of the Census; or

15 (2) an area that has an unemployment rate

16 greater than the national average unemployment for

17 the most recent 12 months for which satisfactory data

18 are available.

19 TITLE IV—NATIONAL PROGRAMS

20 AND REPORTS

21 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

22 PROJECTS.

23 (a) IN GENERAL.—From amounts reserved under sec24 tion 6(b)(4), the Secretaries shall conduct research and de25 velopment and establish a program of experimental and

26 demonstration projects, to further the purposes of this Act.
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1 (b) ADDITIONAL USE OF AMOUNTS.—Amounts re2 served under section 6(b)(4) may also be used for programs

3 or services authorized under any other provision of this Act

4 that are most appropriately administered at the national

5 level and that will operate in, or benefit more than, one

6 State.

7 SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

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

9 with the States, shall by grants, contracts, or otherwise, es10 tablish a system of performance measures for assessing

11 State and local programs regarding—

12 (1) progress in the development and implementa13 tion of State plans that include the basic program

14 components and otherwise meet the requirements of

15 title I;

16 (2) participation in School-to-Work Opportuni17 ties programs by employers, schools, students, and

18 school dropouts, including information on the gender,

19 race, ethnicity, socioeconomic background, limited

20 English proficiency, and disability of all partici21 pants;

22 (3) progress in developing and implementing

23 strategies for addressing the needs of students and

24 school dropouts;
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1 (4) progress in meeting the State’s goals to en2 sure opportunities for young women to participate in

3 School-to-Work Opportunities programs;

4 (5) outcomes of participating students and school

5 dropouts, by gender, race, ethnicity, socioeconomic

6 background, limited English proficiency, and disabil7 ity of the participants, including information on—

8 (A) academic learning gains;

9 (B) staying in school and attaining a high

10 school diploma, or a General Equivalency Di11 ploma, or alternative diploma or certificate for

12 those students with disabilities for whom such al13 ternative diploma or certificate is appropriate,

14 skill certificate, and college degree;

15 (C) placement and retention in further edu16 cation or training, particularly in the student’s

17 career major; and

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

19 particularly in the student’s career major; and

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

21 needs of employers.

22 (b) EVALUATION.—The Secretaries shall conduct a na23 tional evaluation of School-to-Work Opportunities pro24 grams funded under this Act by grants, contracts, or other25 wise, that will track and assess the progress of implementa-
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1 tion of State and local programs and their effectiveness

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

3 (c) REPORTS.—Each State shall provide periodic re4 ports, at such intervals as the Secretaries determine, con5 taining—

6 (1) information described in paragraphs (1)

7 through (6) of subsection (a); and

8 (2) information on the extent to which current

9 Federal programs implemented at the State and local

10 level may be duplicative, outdated, overly restrictive,

11 or otherwise counter-productive to the development of

12 comprehensive statewide School-to-Work Opportuni13 ties systems.

14 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

15 (a) PURPOSE.—The Secretaries shall work in coopera16 tion with the States, the State sex equity coordinators as17 signed under section 111(b)(1) of the Carl D. Perkins Voca18 tional and Applied Technology Education Act (20 U.S.C.

19 2321(b)(1)), employers and their associations, secondary

20 and postsecondary schools, student and teacher organiza21 tions, organized labor, and community-based organizations

22 to increase their capacity to develop and implement effec23 tive School-to-Work Opportunities programs.

24 (b) AUTHORIZED ACTIVITIES.—The Secretaries shall

25 provide, through grants, contracts, or other arrangements—
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1 (1) training, technical assistance, and other ac2 tivities that will—

3 (A) enhance the skills, knowledge, and ex4 pertise of the personnel involved in planning and

5 implementing State and local School-to-Work

6 Opportunities programs, such as training of per7 sonnel to assist students; and

8 (B) improve the quality of services provided

9 to individuals served under this Act;

10 (2) assistance to States and local partnerships in

11 order to integrate resources available under this Act

12 with resources available under other Federal, State,

13 and local authorities; and

14 (3) assistance to States and local partnerships to

15 recruit employers to provide the work-based learning

16 component of School-to-Work Opportunities programs.

17 SEC. 404. AMENDMENT TO JOB TRAINING PARTNERSHIP

18 ACT TO PROVIDE SCHOOL-TO-WORK OPPOR19 TUNITIES ACTIVITIES FOR CAPACITY BUILD20 ING AND INFORMATION AND DISSEMINATION

21 NETWORK.

22 Section 453(b)(2) of the Job Training Partnership Act

23 (29 U.S.C. 1733(b)(2)) is amended—
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1 (1) in subparagraph (C)(ii)(V), by striking the

2 period at the end of such subparagraph and inserting

3 ‘‘; and’’; and

4 (2) by adding at the end the following new sub5 paragraph:

6 ‘‘(D)(i) from the amount appropriated pur7 suant to section 6(a) of the School-to-Work Op8 portunities Act of 1993, collect and disseminate

9 information—

10 ‘‘(I) on successful school-to-work pro11 grams carried out pursuant to such Act and

12 innovative school and work-based curricu13 lum;

14 ‘‘(II) on research and evaluation con15 ducted concerning school-to-work opportuni16 ties activities;

17 ‘‘(III) that will assist States and part18 nerships in undertaking labor market anal19 ysis, surveys or other activities related to

20 economic development;

21 ‘‘(IV) on skill certificates, skill stand22 ards and related assessment technologies;

23 and
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1 ‘‘(V) on methods for recruiting and

2 building the capacity of employers to pro3 vide work-based learning opportunities; and

4 ‘‘(ii) from such amount, facilitate commu5 nication and the exchange of information and

6 ideas among States and partnerships carrying

7 out school-to-work opportunities programs pur8 suant to such Act.’’.

9 SEC. 405. REPORTS TO CONGRESS.

10 Not later than 24 months after the date of the enact11 ment of this Act, and every 12 months thereafter, the Sec12 retaries shall submit a report to the Congress on all School13 to-Work Opportunities programs carried out pursuant to

14 this Act. The Secretaries shall, at a minimum, include in

15 each such report—

16 (1) information concerning the programs that re17 ceive assistance under this Act;

18 (2) a summary of the information contained in

19 the State and local partnership reports submitted

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

21 (3) information regarding the findings and ac22 tions taken as a result of any evaluation conducted by

23 the Secretaries.
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1 TITLE V—WAIVER OF STATU2 TORY AND REGULATORY RE3 QUIREMENTS

4 SEC. 501. STATE AND LOCAL PARTNERSHIP REQUESTS AND

5 RESPONSIBILITIES FOR WAIVERS.

6 (a) STATE REQUEST FOR WAIVER.—A State may sub7 mit, as a part of the State plan (or as an amendment to

8 the plan) described in section 213(d), a request for a waiver

9 of 1 or more statutory or regulatory provisions described

10 in section 502 or 503 from the Secretaries in order to carry

11 out the School-to-work Opportunity system established by

12 such State. Such request may include different waivers with

13 respect to different areas within the State.

14 (b) LOCAL PARTNERSHIP REQUEST FOR WAIVER.—

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

16 a waiver of any of the laws specified in section 502

17 or 503 shall submit an application for such waiver to

18 the State and the State shall determine whether to

19 submit the application for such waiver to the Sec20 retaries.

21 (2) TIME LIMIT.—

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

23 determination to submit the application under

24 paragraph (1) not later than 30 days after the
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1 date on which the State receives the application

2 from the local partnership.

3 (B) DIRECT SUBMISSION.—If the State does

4 not make a determination to submit the applica5 tion within the 30-day time period specified in

6 subparagraph (A), the local partnership may

7 submit the application to the Secretaries without

8 first obtaining such review and comment.

9 (c) WAIVER CRITERIA.—The request by the State shall

10 meet the criteria contained in section 502 or section 503

11 and shall specify the laws or regulations referred to in those

12 sections that the State wants waived.

13 SEC. 502. WAIVER AUTHORITY OF SECRETARY OF EDU14 CATION.

15 (a) WAIVER AUTHORITY.—

16 (1) IN GENERAL.—Except as provided in sub17 section (c), the Secretary of Education may waive

18 any requirement under any provision of law referred

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

20 such provision, for a State that requests such a waiv21 er and has an approved State plan under section

22 214—

23 (A) if, and only to the extent that, the Sec24 retary of Education determines that such re25 quirement impedes the ability of the State or a
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1 local partnership to carry out the purposes of

2 this Act;

3 (B) if the State provides the Secretary with

4 documentation of the necessity for the waiver, in5 cluding—

6 (i) the specific requirement that will be

7 waived;

8 (ii) the specific positive outcomes ex9 pected from the waiver and why those out10 comes cannot be achieved while complying

11 with the requirement;

12 (iii) the process which will be used to

13 monitor the progress in implementing the

14 waiver; and

15 (iv) such other information as the Sec16 retary may require;

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

18 similar requirements of State law; and

19 (D) if the State—

20 (i) has provided all local partnerships

21 in the State, and local educational agencies

22 participating in a local partnership in the

23 State, with notice and an opportunity to

24 comment on the State’s proposal to seek a

25 waiver;
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1 (ii) provides, to the extent feasible, stu2 dents, parents, and advocacy and civil

3 rights groups an opportunity to comment

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

5 and

6 (iii) has submitted the comments of the

7 local partnerships and local educational

8 agencies to the Secretary of Education.

9 (2) APPROVAL OR DISAPPROVAL.—The Secretary

10 of Education shall promptly approve or disapprove

11 any request submitted pursuant to paragraph (1) and

12 shall issue a decision that shall—

13 (A) include the reasons for approving or

14 disapproving the request, including a response to

15 comments; and

16 (B) be disseminated by the State seeking the

17 waiver to interested parties, including educators,

18 parents, students, advocacy and civil rights orga19 nizations, and the public.

20 (3) APPROVAL CRITERIA.—In approving a re21 quest under paragraph (2), the Secretary Education

22 shall consider the amount of State resources that will

23 be used to implement the State plan.

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

25 approved under paragraph (2) shall be for a period
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1 not to exceed 5 years, except that the Secretary of

2 Education may extend such period if the Secretary

3 determines that the waiver has been effective in ena4 bling the State or local partnership to carry out the

5 purposes of this Act.

6 (b) APPLICABLE PROVISIONS OF LAW.—The applicable

7 provisions of law referred to in this subsection are the fol8 lowing:

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

10 Secondary Education Act of 1965, including the Even

11 Start Act.

12 (2) Part A of chapter 2 of title I of the Elemen13 tary and Secondary Education Act of 1965.

14 (3) The Dwight D. Eisenhower Mathematics and

15 Science Education Act (part A of title II of the Ele16 mentary and Secondary Education Act of 1965).

17 (4) The Emergency Immigrant Education Act of

18 1984 (part D of title IV of the Elementary and Sec19 ondary Education Act of 1965).

20 (5) The Drug-Free Schools and Communities Act

21 of 1986 (title V of the Elementary and Secondary

22 Education Act of 1965).

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

24 Technology Education Act.
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1 (c) WAIVERS NOT AUTHORIZED.—The Secretary of

2 Education may not waive any requirement under any pro3 vision of law referred to in subsection (b), or any regulation

4 issued under such provision, relating to—

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

6 of law;

7 (2) maintenance of effort;

8 (3) comparability of services;

9 (4) the equitable participation of students at10 tending private schools;

11 (5) parental participation and involvement;

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

13 educational agencies;

14 (7) the eligibility of individuals for participation

15 in a program under such provision of law;

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

17 rights, occupational safety and health, or environ18 mental protection; or

19 (9) prohibitions or restrictions relating to the

20 construction of buildings or facilities.

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

22 Education shall periodically review the performance of any

23 State or local partnership for which the Secretary has

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

25 the waiver if—
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1 (1) the Secretary determines that the perform2 ance of the State, local partnership, or local edu3 cational agency affected by the waiver, as the case

4 may be, has been inadequate to justify a continuation

5 of the waiver; or

6 (2) the State fails to waive similar requirements

7 of State law as required or agreed to in accordance

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

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

10 (a) WAIVER AUTHORITY.—

11 (1) IN GENERAL.—Except as provided in sub12 section (c), the Secretary of Labor may waive any re13 quirement under any provision of the Job Training

14 Partnership Act (29 U.S.C. 1501 et seq.), or any reg15 ulation issued under such provision, for a State that

16 requests such a waiver and has an approved State

17 plan under section 214—

18 (A) if, and only to the extent that, the Sec19 retary of Labor determines that such requirement

20 impedes the ability of the State or a local part21 nership to carry out the purposes of this Act;

22 (B) if the State provides the Secretary with

23 documentation of the necessity for the waiver, in24 cluding—
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1 (i) the specific requirement that will be

2 waived;

3 (ii) the specific positive outcomes ex4 pected from the waiver and why those out5 comes cannot be achieved while complying

6 with the requirement;

7 (iii) the process which will be used to

8 monitor the progress in implementing the

9 waiver; and

10 (iv) such other information as the Sec11 retary may require;

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

13 similar requirements of State or territory law;

14 and

15 (D) if the State—

16 (i) has provided all local partnerships

17 in the State with notice and an opportunity

18 to comment on the State’s proposal to seek

19 a waiver;

20 (ii) provides, to the extent feasible, stu21 dents, parents, and advocacy and civil

22 rights groups an opportunity to comment

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

24 and
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1 (iii) has submitted the comments of the

2 local partnerships to the Secretary of Labor.

3 (2) APPROVAL OR DISAPPROVAL.—The Secretary

4 of Labor shall promptly approve or disapprove any

5 request submitted pursuant to paragraph (1) and

6 shall issue a decision that shall—

7 (A) include the reasons for approving or

8 disapproving the request, including a response to

9 comments; and

10 (B) be disseminated by the State seeking the

11 waiver to interested parties, including educators,

12 parents, students, advocacy and civil rights orga13 nizations, and the public.

14 (3) APPROVAL CRITERIA.—In approving a re15 quest under paragraph (2), the Secretary of Labor

16 shall consider the amount of State resources that will

17 be used to implement the State plan.

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

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

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

21 Labor may extend such period if the Secretary deter22 mines that the waiver has been effective in enabling

23 the State or local partnership to carry out the pur24 poses of this Act.
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1 (b) WAIVERS NOT AUTHORIZED.—The Secretary of

2 Labor may not waive any requirement under any provision

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

4 seq.), or any regulation issued under such provision, relat5 ing to—

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

7 of law;

8 (2) the eligibility of individuals for participation

9 in a program under such provision of law;

10 (3) the allocation of funds under such provision

11 of law;

12 (4) public health or safety, labor standards, civil

13 rights, occupational safety and health, or environ14 mental protection;

15 (5) maintenance of effort; or

16 (6) prohibitions or restrictions relating to the

17 construction of buildings or facilities.

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

19 Labor shall periodically review the performance of any

20 State or local partnership for which the Secretary has

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

22 the waiver if—

23 (1) the Secretary determines that the perform24 ance of the State or local partnership affected by the
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1 waiver has been inadequate to justify a continuation

2 of the waiver; or

3 (2) the State fails to waive similar requirements

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

5 accordance with subsection (a)(1)(B).

6 SEC. 504. COMBINATION OF FEDERAL FUNDS FOR HIGH

7 POVERTY SCHOOLS.

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

9 school-to-work transition activities with activities under

10 this Act and maximize the effective use of resources, a local

11 partnership may carry out schoolwide school-to-work activi12 ties in schools that meet the requirements of subparagraphs

13 (A) and (B) of section 263(g)(1) of the Job Training Part14 nership Act (29 U.S.C. 1643(g)(1)(A) and (B)) by combin15 ing Federal funds under this Act with other Federal funds

16 from among those programs under—

17 (1) the provisions of law listed in paragraphs (2)

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

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

20 1501 et seq.)

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

22 Federal funds combined under subsection (a) under the re23 quirements of this Act, except that the provisions contained

24 in paragraphs (1) through (6) and paragraphs (8) and (9)

25 of section 502(c), and paragraph (1) and paragraphs (3)
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1 through (6) of section 503(b) shall remain in effect with

2 respect to the use of such funds.

3 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

4 local partnership seeking to combine funds under subsection

5 (a) must include in its application under title II or title

6 III—

7 (1) a description of the funds it proposes to com8 bine under the requirements of this Act;

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

10 funds;

11 (3) the specific outcomes expected of participants

12 in schoolwide school-to-work activities; and

13 (4) such other information as the State, or Sec14 retaries, as the case may be, may require.

15 (d) DISSEMINATION OF INFORMATION.—The local

16 partnership shall, to the extent feasible, provide information

17 on the proposed combination of Federal funds under sub18 section (a) to parents, students, educators, advocacy and

19 civil rights organizations, and the public.

20 TITLE VI—SAFEGUARDS

21 SEC. 601. SAFEGUARDS.

22 The following safeguards shall apply to each School23 to-Work Opportunities program carried out under this Act:

24 (1) NONDISCRIMINATION.—Nothing in this Act

25 shall be construed to modify or affect any Federal or
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1 State law prohibiting discrimination on the basis of

2 race, religion, color, ethnicity, national origin, gen3 der, age, or disability.

4 (2) PROHIBITION OF WAGES.—Funds appro5 priated pursuant to section 6 shall not be expended

6 for the wages of youth participants or workplace men7 tors.

8 (3) LABOR STANDARDS.—The labor standards

9 contained in section 143 of the Job Training Partner10 ship Act (29 U.S.C. 1553), except for the standards

11 contained in subsection (a)(4) of such section, shall

12 apply to each program.

13 (4) INDIVIDUALS NOT ENTITLED TO SERVICES.—

14 Nothing in this Act shall be construed to provide any

15 individual with an entitlement to the services author16 ized by this Act.

17 (5) SIMILAR AUTHORITY OF OTHER OFFICIALS

18 OR ENTITIES NOT SUPERSEDED.—Nothing in this Act

19 shall be construed to negate or supersede the authority

20 of any official or entity responsible under State or

21 other applicable law for authority that is similar to

22 authority specified under this Act.

23 (6) SUPPLEMENT NOT SUPPLANT REQUIRE24 MENT.—Funds provided under this Act shall be used

25 to supplement and not to supplant Federal, State,
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1 and local public funds expended to provide services

2 for existing school-to-work opportunities systems and

3 programs.

4 (7) OTHER SAFEGUARDS.—The Secretaries shall

5 provide such other safeguards as they deem appro6 priate in order to ensure that participants in a pro7 gram are afforded adequate supervision by skilled

8 adult workers, or, otherwise, to further the purposes of

9 this Act.

10 TITLE VII—REAUTHORIZATION

11 OF JOB TRAINING FOR THE

12 HOMELESS DEMONSTRATION

13 PROGRAM UNDER THE STEW14 ART B. MCKINNEY HOMELESS

15 ASSISTANCE ACT

16 SEC. 701. REAUTHORIZATION.

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

18 Assistance Act (42 U.S.C. 11449(a)) is amended by striking

19 ‘‘the following amounts:’’ and all that follows and inserting

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

21 1994 and 1995.’’.

HR 2884 RH——2

HR 2884 RH——3

HR 2884 RH——4

HR 2884 RH——5
80

•HR 2884 RH

HR 2884 RH——6