I

103D CONGRESS

1ST SESSION H.R. 2884

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

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘School-to-Work Opportunities Act of 1993’’.

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

5 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes and congressional intent.

Sec. 4. Definitions.

Sec. 5. Federal administration.

TITLE I—SCHOOL-TO-WORK OPPORTUNITIES BASIC PROGRAM

COMPONENTS

Sec. 101. General program requirements.

Sec. 102. 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. State development grants.

Subtitle B—State Implementation Grants

Sec. 211. Purpose.

Sec. 212. State implementation grants.

TITLE III—FEDERAL IMPLEMENTATION GRANTS TO

PARTNERSHIPS

Sec. 301. Purpose.

Sec. 302. Federal implementation grants to partnerships.

Sec. 303. School-to-Work Opportunities program grants in high poverty areas.

TITLE IV—NATIONAL PROGRAMS

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

Sec. 402. Performance outcomes and evaluation.

Sec. 403. Training and technical assistance.

TITLE V—GENERAL PROVISIONS

Sec. 501. State request and responsibilities for a waiver of statutory and regulatory requirements.

Sec. 502. Waivers of statutory and regulatory requirements by the Secretary of

Education.

Sec. 503. Waivers of statutory and regulatory requirements by the Secretary of

Labor.
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Sec. 504. Safeguards.

Sec. 505. Authorization of appropriations.

Sec. 506. Acceptance of gifts, and other matters.

Sec. 507. Effective date.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) three-fourths of America’s high school stu4 dents enter the workforce without baccalaureate de5 grees, and many do not possess the academic and

6 entry-level occupational skills necessary to succeed in

7 the changing workplace;

8 (2) unemployment among American youth is in9 tolerably high, and earnings of high school graduates

10 have been falling relative to those with more edu11 cation;

12 (3) the American workplace is changing in re13 sponse to heightened international competition and

14 new technologies, and these forces, which are ulti15 mately beneficial to the Nation, are shrinking the

16 demand for and undermining the earning power of

17 unskilled labor;

18 (4) the United States is the only industrialized

19 Nation that lacks a comprehensive and coherent sys20 tem to help its youth acquire knowledge, skills, abili21 ties, and information about and access to the labor

22 market necessary to make an effective transition
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1 from school to career-oriented work or to further

2 education and training;

3 (5) American students can achieve to high

4 standards, and many learn better and retain more

5 when they learn in context, rather than in the ab6 stract;

7 (6) work-based learning, which is modeled after

8 the time-honored apprenticeship concept, integrates

9 theoretical instruction with structured on-the-job

10 training, and this approach, combined with school11 based learning, can be very effective in engaging stu12 dent interest, enhancing skill acquisition, and pre13 paring youth for high-skill, high-wage careers; and

14 (7) Federal resources currently fund a series of

15 categorical, work-related education and training pro16 grams that are not administered as a coherent

17 whole.

18 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

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

20 (1) establish a national framework within which

21 all States can create statewide School-to-Work Op22 portunities systems that are integrated with the sys23 tems developed under the Goals 2000: Educate

24 America Act and that offer young Americans access

25 to a performance-based education and training pro-
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1 gram that will enable them to earn portable creden2 tials, prepare them for a first job in a high-skill,

3 high-wage career, and increase their opportunities

4 for further education;

5 (2) transform workplaces into active learning

6 components by making employers full partners in

7 providing high-quality, work-based learning experi8 ences to students;

9 (3) use Federal funds under this Act as venture

10 capital, to underwrite the initial costs of planning

11 and establishing statewide School-to-Work Opportu12 nities systems that will be maintained with other

13 Federal, State, and local resources;

14 (4) promote the formation, among secondary

15 and postsecondary educational institutions, private

16 and public employers, labor organizations, govern17 ment, community groups, parents, and students, of

18 local education and training systems that are dedi19 cated to linking the worlds of school and work;

20 (5) help students attain high academic and oc21 cupational standards;

22 (6) build on and advance a range of promising

23 programs, such as tech-prep education, career acad24 emies, school-to-apprenticeship programs, coopera25 tive education, youth apprenticeship, and business-
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1 education compacts, that can be developed into pro2 grams funded under this Act;

3 (7) improve the knowledge and skills of youth

4 by integrating academic and occupational learning,

5 integrating school-based and work-based learning,

6 and building effective linkages between secondary

7 and postsecondary education;

8 (8) motivate youth, especially low-achieving

9 youth and dropouts, to stay in or return to school

10 and strive to succeed by providing enriched learning

11 experiences and assistance in obtaining good jobs;

12 and

13 (9) further the National Education Goals set

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

15 Act.

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

17 Congress that the Secretary of Labor and the Secretary

18 of Education jointly administer this Act in a flexible man19 ner that—

20 (1) promotes State and local discretion in es21 tablishing and implementing School-to-Work Oppor22 tunities systems and programs; and

23 (2) contributes to reinventing government by

24 building on State and local capacity, eliminating du25 plication, supporting locally established initiatives,
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1 requiring measurable goals for performance, and of2 fering flexibility in meeting these goals.

3 SEC. 4. DEFINITIONS.

4 As used in this Act—

5 (1) the term ‘‘elements of an industry’’ means,

6 with respect to a particular industry that a student

7 is preparing to enter, such elements as planning,

8 management, finances, technical and production

9 skills, underlying principles of technology, labor and

10 community issues, health and safety, and environ11 mental issues related to that industry;

12 (2) the term ‘‘all students’’ means students

13 from the broad range of backgrounds and cir14 cumstances, including disadvantaged students, stu15 dents of diverse racial, ethnic, and cultural back16 grounds, students with disabilities, students with

17 limited English proficiency, and academically tal18 ented students;

19 (3) the term ‘‘approved State plan’’ or ‘‘ap20 proved plan’’ means a School-to-Work Opportunities

21 plan that is submitted by a State, is determined by

22 the Secretaries to include the basic program compo23 nents and otherwise meet the requirements of this

24 Act, and is consistent with the State’s plan under

25 the Goals 2000: Educate America Act;
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1 (4) the term ‘‘career major’’ means a coherent

2 sequence of courses or field of study that prepares

3 a student for a first job and that—

4 (A) integrates occupational and academic

5 learning, integrates work-based and school6 based learning, and establishes linkages be7 tween secondary and postsecondary education;

8 (B) prepares the student for employment

9 in broad occupational clusters or industry sec10 tors;

11 (C) typically includes at least two years of

12 secondary school and one or two years of post13 secondary education;

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

15 diploma, a certificate or diploma recognizing

16 successful completion of one or two years of

17 postsecondary education (if appropriate), and a

18 skill certificate; and

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

20 entry into a registered apprenticeship program;

21 (5) the term ‘‘employer’’ includes both public

22 and private employers;

23 (6) the term ‘‘Governor’’ means the chief execu24 tive of a State;
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1 (7) the term ‘‘local educational agency’’ shall

2 have the same meaning as provided in paragraph 12

3 of section 1471 of the Elementary and Secondary

4 Education Act of 1965 (20 U.S.C. 2891(12));

5 (8) the term ‘‘partnership’’ means a local entity

6 that is responsible for local School-to-Work Opportu7 nities programs and that consists of employers, pub8 lic secondary and postsecondary educational institu9 tions or agencies, and labor organizations or em10 ployee representatives as defined in section

11 403(c)(1)(B) of the Goals 2000: Educate America

12 Act, and may include other entities, such as non13 profit or community-based organizations, rehabilita14 tion agencies and organizations, registered appren15 ticeship agencies, local vocational education entities,

16 local government agencies, parent organizations and

17 teacher organizations, private industry councils es18 tablished under the Job Training Partnership Act,

19 and federally recognized Indian tribes and Alaska

20 Native villages;

21 (9) the term ‘‘postsecondary education institu22 tion’’ means a public or private nonprofit institution

23 that is authorized within a State to provide a pro24 gram of education beyond secondary education, and

25 includes a community college, a technical college, a
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1 postsecondary vocational institution, or a tribally

2 controlled community college;

3 (10) the term ‘‘registered apprenticeship agen4 cy’’ means either the Bureau of Apprenticeship and

5 Training in the United States Department of Labor

6 or a State apprenticeship agency recognized and ap7 proved by the Bureau of Apprenticeship and Train8 ing as the appropriate body for State registration or

9 approval of local apprenticeship programs and agree10 ments for Federal purposes;

11 (11) the term ‘‘registered apprenticeship pro12 gram’’ means a program registered by a registered

13 apprenticeship agency;

14 (12) the term ‘‘Secretaries’’ means the Sec15 retary of Education and the Secretary of Labor;

16 (13) the term ‘‘skill certificate’’ means a port17 able, industry-recognized credential issued by a

18 School-to-Work Opportunities program under an ap19 proved plan, that certifies that a student has mas20 tered skills at levels that are at least as challenging

21 as skill standards endorsed by the National Skill

22 Standards Board established under the Goals 2000:

23 Educate America Act, except that until such skill

24 standards are developed, the term ‘‘skill certificate’’
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1 means a credential issued under a process described

2 in a State’s approved plan;

3 (14) the term ‘‘State’’ means each of the sev4 eral States, the District of Columbia and the Com5 monwealth of Puerto Rico;

6 (15) the term ‘‘workplace mentor’’ means an

7 employee at the workplace who possesses the skills

8 to be mastered by a student, and who instructs the

9 student, critiques the student’s performance, chal10 lenges the student to perform well, and works in

11 consultation with classroom teachers and the em12 ployer.

13 SEC. 5. FEDERAL ADMINISTRATION.

14 (a) Notwithstanding the Department of Education

15 Organization Act (20 U.S.C. 3401 et seq.), the General

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

17 statutory provisions regarding the establishment of the

18 Department of Labor (29 U.S.C. 551 et seq.), and section

19 166 of the Job Training Partnership Act (29 U.S.C.

20 1576), the Secretaries shall jointly provide for the admin21 istration of the programs established by this Act, and may

22 issue whatever procedures, guidelines, and regulations, in

23 accordance with section 553 of title 5, United States Code,

24 they deem necessary and appropriate to administer and

25 enforce the provisions of this Act.
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1 (b) Section 431 of the General Education Provisions

2 Act (20 U.S.C. 1232), shall not apply to any programs

3 under this Act.

4 TITLE I—SCHOOL-TO-WORK OPPORTUNI5 TIES BASIC PROGRAM COMPONENTS

6 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

7 A School-to-Work Opportunities program under this

8 Act shall—

9 (1) integrate work-based learning and school10 based learning, as provided for in sections 102 and

11 103;

12 (2) provide a student with the opportunity to

13 complete a career major as defined in section 4 of

14 this Act; and

15 (3) incorporate the basis program components

16 provided in sections 102 through 104.

17 SEC. 102. WORK-BASED LEARNING COMPONENT.

18 The work-based learning component of a School-to19 Work Opportunities program shall include—

20 (1) a planned program of job training and expe21 riences, including skills to be mastered at progres22 sively higher levels, that are relevant to a student’s

23 career major and lead to the award of a skill certifi24 cate;

25 (2) paid work experience;
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1 (3) workplace mentoring;

2 (4) instruction in general workplace com3 petencies; and

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

5 an industry.

6 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

7 The school-based learning component of a School-to8 Work Opportunities program shall include—

9 (1) career exploration and counseling in order

10 to help students who may be interested to identify,

11 and select or reconsider, their interests, goals, and

12 career majors;

13 (2) initial selection by interested students of a

14 career major not later than the beginning of the

15 eleventh grade;

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

17 same challenging academic standards established by

18 States for all students under the Goals 2000: Edu19 cate America Act, and to meet the requirements nec20 essary for a student to earn a skill certificate; and

21 (4) regularly scheduled evaluations to identify

22 academic strengths and weaknesses of students and

23 the need for additional learning opportunities to

24 master core academic skills.
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1 SEC. 104. CONNECTING ACTIVITIES COMPONENT.

2 The connecting activities component of a School-to3 Work Opportunities program shall include—

4 (1) matching students with employers’ work5 based learning opportunities;

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

7 school, teacher, parent, and student;

8 (3) providing technical assistance and services

9 to employers and others in designing work-based

10 learning components and counseling and case man11 agement services, and in training teachers, work12 place mentors, and counselors;

13 (4) providing assistance to students who have

14 completed the program in finding an appropriate

15 job, continuing their education, or entering into an

16 additional training program;

17 (5) collecting and analyzing information regard18 ing post-program outcomes of students who partici19 pate in the School-to-Work Opportunities program;

20 and

21 (6) linking youth development activities under

22 this Act with employer strategies or upgrading the

23 skills of their workers.
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1 TITLE II—SCHOOL-TO-WORK OPPORTUNI2 TIES SYSTEM DEVELOPMENT AND IM3 PLEMENTATION GRANTS TO STATES

4 Subtitle A—State Development Grants

5 SEC. 201. PURPOSE.

6 The purpose of this subtitle is to assist States in

7 planning and developing comprehensive, statewide systems

8 for school-to-work opportunities.

9 SEC. 202. STATE DEVELOPMENT GRANTS.

10 (a) IN GENERAL.—Upon the application of a State,

11 the Secretaries may award a development grant to a State

12 in such amount as the Secretaries determine is necessary

13 to enable the State to complete development (that may

14 have begun with funds awarded under the Job Training

15 Partnership Act (29 U.S.C. 1501 et seq.), and the Carl

16 D. Perkins Vocational and Applied Technology Education

17 Act (20 U.S.C. 2301 et seq.), of a comprehensive, state18 wide School-to-Work Opportunities system, except that a

19 development grant under this subtitle may not exceed

20 $1,000,000 in any fiscal year.

21 (b) APPLICATION CONTENTS.—The application for a

22 development grant shall—

23 (1) include a timetable and an estimate of the

24 amount of funding needed to complete the planning

25 and development necessary to implement a com-
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1 prehensive, statewide School-to-Work Opportunities

2 system;

3 (2) describe how the Governor; the chief State

4 school officer; the State agency officials responsible

5 for job training and employment, economic develop6 ment, and postsecondary education; and other ap7 propriate officials will collaborate in the planning

8 and development of the State School-to-Work Oppor9 tunities system;

10 (3) describe how the State will enlist the active

11 and continued participation in the planning and de12 velopment of the statewide School-to-Work Opportu13 nities system of employers and other interested par14 ties such as locally elected officials, secondary and

15 postsecondary educational institutions or agencies,

16 business associations, employees, labor organizations

17 or associations thereof, teachers, students, parents,

18 community-based organizations, rehabilitation agen19 cies and organizations, registered apprenticeship

20 agencies, and local vocational educational agencies;

21 (4) describe how the State will coordinate its

22 planning activities with any local School-to-Work

23 Opportunities program that has received a grant

24 under title III of this Act;
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1 (5) designate a fiscal agent to receive and be

2 accountable for funds awarded under this subtitle;

3 and

4 (6) include such other information as the Sec5 retaries may require.

6 (c) STATE DEVELOPMENT ACTIVITIES.—Funds

7 awarded under this section shall be expended by a State

8 only for activities undertaken to develop a statewide

9 School-to-Work Opportunities system, which may in10 clude—

11 (1) identifying or establishing an appropriate

12 State structure to administer the School-to-Work

13 Opportunities system;

14 (2) identifying or establishing broad-based part15 nerships among employers, labor, education, govern16 ment, and other community organizations to partici17 pate in the design, development, and administration

18 of School-to-Work Opportunities programs;

19 (3) developing a marketing plan to build con20 sensus and support for School-to-Work Opportuni21 ties programs;

22 (4) promoting the active involvement of busi23 ness in planning and developing local School-to24 Work Opportunities programs;
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1 (5) supporting local School-to-Work Opportuni2 ties planning and development activities to provide

3 guidance in the development of School-to-Work Op4 portunities programs;

5 (6) initiating pilot programs for testing key

6 components of State program design;

7 (7) developing a State process for issuing skill

8 certificates that takes into account the work of the

9 National Skill Standards Board and the criteria es10 tablished under Goals 2000: Educate America Act;

11 (8) designing challenging curricula;

12 (9) developing a system for labor market analy13 sis and strategic planning for local targeting of in14 dustry sectors or broad occupational clusters;

15 (10) analyzing the post high school employment

16 experiences of recent high school graduates and

17 dropouts; and

18 (11) preparing the plan required for submission

19 of an application for an Implementation Grant

20 under subtitle B.

21 Subtitle B—State Implementation Grants

22 SEC. 211. PURPOSE.

23 The purpose of this subtitle is to assist States

24 in the implementation of comprehensive, statewide

25 School-to-Work Opportunities systems.
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1 SEC. 212. STATE IMPLEMENTATION GRANTS.

2 (a) ELIGIBILITY AND APPLICATION.—A State may

3 apply to the Secretaries for a competitive implementation

4 grant by submitting an application that contains—

5 (1) a plan for a comprehensive, statewide

6 School-to-Work Opportunities system that meets the

7 content requirements provided in subsection (b);

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

9 funds under this Act to local School-to-Work Oppor10 tunities partnerships;

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

12 such a request, for one or more waivers of certain

13 statutory or regulatory requirements, as provided for

14 under title V of this Act; and

15 (4) such other information as the Secretaries

16 may require.

17 (b) CONTENTS OF STATE PLAN.—A State plan

18 shall—

19 (1) designate the geographical areas to be

20 served by partnerships, which shall, to the extent

21 feasible, reflect local labor market areas;

22 (2) describe how the State will stimulate and

23 support local School-to-Work Opportunities pro24 grams that meet the requirements of this Act, and

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

26 to cover all geographic areas in the State;
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1 (3) describe the procedure by which the Gov2 ernor; the chief State school officer; the State agen3 cy officials responsible for job training and employ4 ment, economic development, and postsecondary

5 education; and other appropriate officials will col6 laborate in the implementation of the School-to7 Work Opportunities system:

8 (4) describe the procedure for obtaining the ac9 tive and continued involvement in the statewide

10 School-to-Work Opportunities system of employers

11 and other interested parties such as locally elected

12 officials, secondary and postsecondary educational

13 institutions or agencies, business associations, em14 ployees, labor organizations or associations thereof,

15 teachers, students, parents, community-based orga16 nizations, rehabilitation agencies and organizations,

17 registered apprenticeship agencies, and local voca18 tional educational agencies;

19 (5) describe how the School-to-Work Opportuni20 ties system will coordinate the use of education and

21 training funds from State and private sources with

22 funds available from such related Federal programs

23 as the Adult Education Act (20 U.S.C. 1201 et

24 seq.), the Carl D. Perkins Vocational and Applied

25 Technology Education Act (20 U.S.C. 2301 et seq.),
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1 the Elementary and Secondary Education Act of

2 1965 (20 U.S.C. 2701 et seq.), the Family Support

3 Act of 1988 (42 U.S.C. 602 note, 606 note), the

4 Goals 2000: Educate America Act, the Individuals

5 With Disabilities Education Act (20 U.S.C. 1400 et

6 seq.), the Job Training Partnership Act (29 U.S.C.

7 1501 et seq.), the National Apprenticeship Act (29

8 U.S.C. 50 et seq.), and the Rehabilitation Act of

9 1973 (29 U.S.C. 701 et seq.);

10 (6) describe the resources, including private sec11 tor resources, the State intends to employ in main12 taining the School-to-Work Opportunities system

13 when funds under this Act are no longer available;

14 (7) describe how the State will ensure opportu15 nities for all students to participate in School-to16 Work Opportunities programs;

17 (8) describe how the State will ensure opportu18 nities for young women to participate in School-to19 Work Opportunities programs in a manner that

20 leads to employment in high-performance, high-pay21 ing jobs, including jobs in which women traditionally

22 have been underrepresented;

23 (9) describe how the State will ensure opportu24 nities for low achieving students, students with dis25 abilities, and former students who have dropped out
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1 of school to participate in School-to-Work Opportu2 nities programs;

3 (10) describe the State’s process for assessing

4 the skills and knowledge required in career majors,

5 and awarding skill certificates that take into account

6 the work of the National Skill Standards Board and

7 the criteria established under Goals 2000: Educate

8 America Act;

9 (11) describe the manner in which the State

10 will, to the extent feasible, continue and incorporate

11 programs funded under section 302 of this Act in

12 the State School-to-Work Opportunities system;

13 (12) describe the performance standards that

14 the State intends to meet; and

15 (13) designate a fiscal agent to receive and be

16 accountable for School-to-Work Opportunities funds

17 awarded under this subtitle.

18 (c) REVIEW OF APPLICATIONS.—The Secretaries

19 shall submit each application to a peer review process, de20 termine whether to approve the State’s School-to-Work

21 Opportunities plan, and, if such determination is affirma22 tive, further determine whether to take one or a combina23 tion of the following actions—

24 (1) award an implementation grant;
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1 (2) approve the State’s request, if any, for a

2 waiver in accordance with the procedures in title V

3 of this Act; and

4 (3) inform the State of the opportunity to apply

5 for further development funds, except that further

6 development funds may not be awarded to a State

7 that receives an implementation grant.

8 (d) AMOUNT OF GRANT.—The Secretaries shall es9 tablish the minimum and maximum amounts available for

10 an implementation grant, and shall determine the actual

11 amount granted to any State based on such criteria as

12 the scope and quality of the plan and the number of pro13 jected program participants.

14 (e) STATE IMPLEMENTATION ACTIVITIES.—Funds

15 awarded under this section shall be expended by a State

16 only for activities undertaken to implement the State’s

17 School-to-Work Opportunities system, which may in18 clude—

19 (1) recruiting and providing assistance to em20 ployers to provide work-based learning for students;

21 (2) conducting outreach activities to promote

22 and support collaboration in School-to-Work Oppor23 tunities programs by businesses, labor organizations,

24 and other organizations;
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1 (3) providing training for teachers, employers,

2 workplace mentors, counselors, and others;

3 (4) providing labor market information to local

4 partnerships that is useful in determining which

5 high-skill, high-wage occupations are in demand;

6 (5) designing or adapting model curricula that

7 can be used to integrate academic and vocational

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

9 secondary and postsecondary education;

10 (6) designing or adapting model work-based

11 learning programs and identifying best practices;

12 and

13 (7) conducting outreach activities and providing

14 technical assistance to other States that are develop15 ing or implementing School-to-Work Opportunities

16 systems.

17 (f) ALLOCATION OF FUNDS TO PARTNERSHIPS.—A

18 State shall award subgrants to partnerships, according to

19 criteria established by the State, that total no less than

20 65 per centum of the sums awarded to it under this sec21 tion in the first year, 75 per centum of such sums in the

22 second year, and 85 per centum of such sums in each year

23 thereafter.

24 (g) STATE SUBGRANTS TO PARTNERSHIPS.—
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1 (1) APPLICATION.—A partnership that seeks a

2 subgrant to carry out a local School-to-Work Oppor3 tunities program shall submit an application to the

4 State that—

5 (A) describes how the program would in6 clude the basic program components and other7 wise meet the requirements of title I of this

8 Act;

9 (B) sets forth measurable program goals

10 and outcomes;

11 (C) describes the local strategies and time12 tables to provide School-to-Work Opportunities

13 program opportunities for all students; and

14 (D) provides such other information as the

15 State may require.

16 (2) ALLOWABLE ACTIVITIES.—A partnership

17 shall expend funds awarded under this section only

18 for activities undertaken to carry out School-to-Work

19 Opportunities programs as defined in this Act, and

20 such activities may include—

21 (A) recruiting and providing assistance to

22 employers to provide the work-based learning

23 components in the School-to-Work Opportuni24 ties program;
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1 (B) establishing consortia of employers to

2 support the School-to-Work Opportunities pro3 gram and provide access to jobs related to stu4 dents’ career majors;

5 (C) supporting or establishing

6 intermediaries to perform the activities de7 scribed in section 104 and to provide assistance

8 to students in obtaining jobs and further edu9 cation and training;

10 (D) designing or adapting school curricula

11 that can be used to integrate academic and vo12 cational learning, school-based and work-based

13 learning, and secondary and postsecondary edu14 cation;

15 (E) providing training to work-based and

16 school-based staff on new curricula, student as17 sessments, student guidance, and feedback to

18 the school regarding student performance;

19 (F) establishing in schools participating in

20 a School-to-Work Opportunities program a

21 graduation assistance program to assist at-risk

22 and low-achieving students in graduating from

23 high school, enrolling in postsecondary edu24 cation or training, and finding or advancing in

25 jobs;
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1 (G) conducting or obtaining an indepth

2 analysis of the local labor market and the ge3 neric and specific skill needs of employers to

4 identify high-demand, high-wage careers to

5 target;

6 (H) integrating work-based and school7 based learning into existing job training pro8 grams for youth who have dropped out of

9 school;

10 (I) establishing or expanding school-to-ap11 prenticeship programs in cooperation with reg12 istered apprenticeship agencies and apprentice13 ship sponsors; and

14 (J) assisting participating employers, in15 cluding small- and medium-size businesses, to

16 identify and train workplace mentors and to de17 velop work-based learning components.

18 TITLE III—FEDERAL IMPLEMENTATION

19 GRANTS TO PARTNERSHIPS

20 SEC. 301. PURPOSE.

21 The purposes of this title are—

22 (1) to authorize the Secretaries to award com23 petitive grants to partnerships in States that have

24 not received an implementation grant under section

25 212, in order to provide funding for communities
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1 that have built a sound planning and development

2 base for School-to-Work Opportunities programs and

3 are ready to begin implementing a local School-to4 Work Opportunities program; and

5 (2) to authorize the Secretaries to award com6 petitive grants to implement School-to-Work Oppor7 tunities programs in high poverty areas of urban

8 and rural communities to provide support for a com9 prehensive range of education, training, and support

10 services for youth residing in designated high pov11 erty areas.

12 SEC. 302. FEDERAL IMPLEMENTATION GRANTS TO PART13 NERSHIPS.

14 (a) IN GENERAL.—The Secretaries may award

15 School-to-Work Opportunities implementation grants to

16 partnerships in States that have not received an imple17 mentation grant under section 212, according to competi18 tive criteria established by the Secretaries.

19 (b) APPLICATION PROCEDURE.—A partnership that

20 desires to receive a direct Federal grant under this section

21 shall submit an application to the Secretaries in accord

22 with procedures specified by the Secretaries, but before

23 the partnership submits the application to the Secretaries

24 it shall first submit the application to the State for review

25 and comment.
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1 (c) APPLICATION CONTENTS.—The grant application

2 from a partnership shall include a plan for local School3 to-Work Opportunities programs that—

4 (1) describes how the partnership will meet the

5 requirements of this Act;

6 (2) includes the State’s comments, if any;

7 (3) contains information that is consistent with

8 the content requirements for a State plan that are

9 specified in section 212(b) (4) through (10);

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

11 accountable for funds under this section; and

12 (5) provides other information that the Sec13 retaries may require.

14 (d) CONFORMITY WITH APPROVED STATE PLAN.—

15 The Secretaries shall not award a grant under this section

16 to a partnership in a State that has an approved plan un17 less the Secretaries determines, after consultation with the

18 State, that the plan submitted by the partnership is in

19 accord with the approved State plan.

20 (e) IMPLEMENTATION ACTIVITIES.—Funds awarded

21 under this section shall be expended by a partnership only

22 for activities undertaken to implement School-to-Work Op23 portunities programs under this Act, including, but not

24 limited to, the activities specified in section 212(g)(2).
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1 SEC. 303. SCHOOL-TO-WORK OPPORTUNITIES PROGRAM

2 GRANTS IN HIGH POVERTY AREAS.

3 (a) IN GENERAL.—From the funds reserved under

4 section 505(b), the Secretaries are authorized to award

5 grants to implement School-to-Work Opportunities pro6 grams, that include the basic program components and

7 otherwise meet the requirements of title I of this Act, in

8 high poverty areas, as provided in this section, of urban

9 and rural communities, in order to provide support for a

10 comprehensive range of education, training, and support

11 services for youth residing in such areas. The Secretaries

12 are authorized to award such grants according to criteria

13 established by the Secretaries, except that the Secretaries

14 shall not award a grant under this section to a School15 to-Work Opportunities program unless the Secretaries de16 termine after consultation with the State and partnership

17 that it is in accord with approved State and local plans,

18 if any.

19 (b) DEFINITION.—For purposes of this section, the

20 term ‘‘high poverty area’’ means an urban census tract,

21 a nonmetropolitan county, a Native American Indian res22 ervation, or an Alaska Native village, with a poverty rate

23 of 30 per centum or more, as determined by the Bureau

24 of the Census.

25 (c) ALLOWABLE ACTIVITIES.—Funds awarded under

26 this section may be expended for activities such as those
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1 that support school-based job specialists to assist students

2 in obtaining employment, and that recruit employers and

3 assist them to develop work-based learning opportunities

4 for students.

5 (d) USE OF FUNDS.—Funds available under this sec6 tion may be awarded in combination with funds appro7 priated for the Youth Fair Chance Program.

8 TITLE IV—NATIONAL PROGRAMS

9 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

10 PROJECTS.

11 (a) IN GENERAL.—With funds reserved under section

12 505(c), the Secretaries shall conduct research and develop13 ment and establish a program of experimental and dem14 onstration projects, to further the purposes of this Act.

15 (b) ADDITIONAL USE OF FUNDS.—Funds reserved

16 under section 505(c) may also be used for programs or

17 services authorized under any other provision of this Act

18 that are most appropriately administered at the national

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

20 State.

21 SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

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

23 with the States, shall by grants, contracts, or otherwise,

24 establish a system of performance measures for assessing

25 State and local programs regarding—
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1 (1) progress in the development and implemen2 tation of State plans that include the basic program

3 components and otherwise meet the requirements of

4 title I;

5 (2) participation in School-to-Work Opportuni6 ties programs by employers, schools, and students;

7 (3) progress in developing and implementing

8 strategies for addressing the needs of in-school and

9 out-of-school, at-risk youth;

10 (4) student outcomes, including—

11 (A) academic learning gains;

12 (B) staying in school and attaining a high

13 school diploma, skill certificate, and college

14 degree;

15 (C) placement and retention in further

16 education or training, particularly in the stu17 dent’s career major; and

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

19 particularly in the student’s career major; and

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

21 the needs of employers.

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

23 national evaluation of School-to-Work Opportunities pro24 grams funded under this Act that will track and assess

25 the progress of implementation of State and local pro-
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1 grams and their effectiveness based on measures such as

2 those described in subsection (a).

3 (c) REPORTS.—Each State shall provide periodic re4 ports, at such intervals as the Secretaries determine, con5 taining information described in paragraphs (1) through

6 (4) of subsection (a).

7 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

8 (a) PURPOSE.—The Secretaries shall work in co9 operation with the States, employers and their associa10 tions, schools, labor organizations, and community organi11 zations to increase their capacity to develop and imple12 ment effective School-to-Work Opportunities programs.

13 (b) AUTHORIZED ACTIVITIES.—The Secretaries shall

14 provide, through grants, contracts, or other arrange15 ments—

16 (1) training, technical assistance, and other ac17 tivities that will:

18 (A) enhance the skills, knowledge, and ex19 pertise of the personnel involved in planning

20 and implementing State and local School-to21 Work Opportunities programs; and

22 (B) improve the quality of services pro23 vided to individuals served under this Act;

24 (2) assistance to States and partnerships in

25 order to integrate resources available under this Act
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1 with resources available under other Federal, State,

2 and local authorities;

3 (3) assistance to States and partnerships to re4 cruit employers to provide the work-based learning

5 component of School-to-Work Opportunities pro6 grams.

7 (c) PEER REVIEW.—The Secretaries may use funds

8 under section 505(c) for the peer review of State applica9 tions and plans under section 212 and applications under

10 title III of this Act.

11 TITLE V—GENERAL PROVISIONS

12 SEC. 501. STATE REQUEST AND RESPONSIBILITIES FOR A

13 WAIVER OF STATUTORY AND REGULATORY

14 REQUIREMENTS.

15 (a) STATE REQUEST FOR WAIVER.—A State with an

16 approved plan may, at any point during the development

17 or implementation of a School-to-Work Opportunities pro18 gram, request a waiver of one or more statutory or regu19 latory provisions from the Secretaries in order to carry

20 out the purposes of the Act.

21 (b) PARTNERSHIP REQUEST FOR WAIVER.—A part22 nership that seeks a waiver of any of the laws specified

23 in sections 502 and 503 shall submit an application for

24 such waiver to the State, and the State shall determine
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1 whether to submit the application for a waiver to the Sec2 retaries.

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

4 shall meet the criteria contained in section 502 or section

5 503 and shall specify the laws or regulations referred to

6 in those sections that the State wants waived.

7 SEC. 502. WAIVERS OF STATUTORY AND REGULATORY RE8 QUIREMENTS BY THE SECRETARY OF EDU9 CATION.

10 (a) IN GENERAL.—(1) Except as provided in sub11 section (c), the Secretary of Education may waive any re12 quirement of any statute listed in subsection (b) or of the

13 regulations issued under such statute for a State that re14 quests such a waiver—

15 (A) if, and only to the extent that, the Sec16 retary of Education determines that such require17 ment impedes the ability of the State or a partner18 ship to carry out the purposes of this Act;

19 (B) if the State waives, or agrees to waive,

20 similar requirements of State law; and

21 (C) if the State—

22 (i) has provided all partnerships, and local

23 educational agencies participating in a partner24 ship, in the State with notice and an oppor-
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1 tunity to comment on the State’s proposal to

2 seek a waiver; and

3 (ii) has submitted the comments of the partner4 ships and local educational agencies to the Secretary

5 of Education.

6 (2) The Secretary of Education shall act promptly on

7 any request submitted pursuant to paragraph (1).

8 (3) Each waiver approved pursuant to this subsection

9 shall be for a period not to exceed five years, except that

10 the Secretary of Education may extend such period if the

11 Secretary of Education determines that the waiver has

12 been effective in enabling the State or partnership to carry

13 out the purposes of this Act.

14 (b) INCLUDED PROGRAMS.—The statutes subject to

15 the waiver authority of this section are as follows—

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

17 Secondary Education Act of 1965, including the

18 Even Start Act;

19 (2) part A of chapter 2 of title I of the Elemen20 tary and Secondary Education Act of 1965;

21 (3) the Dwight D. Eisenhower Mathematics and

22 Science Education Act (title II, part A of the Ele23 mentary and Secondary Education Act of 1965);
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1 (4) the Emergency Immigrant Education Act of

2 1984 (title IV, part D of the Elementary and Sec3 ondary Education Act of 1965);

4 (5) the Drug-Free Schools and Communities

5 Act of 1986 (title V of the Elementary and Second6 ary Education Act of 1965); and

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

8 Technology Education Act.

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

10 Education may not waive any statutory or regulatory re11 quirement of the programs listed in subsection (b) relating

12 to—

13 (1) the basic purposes or goals of the affected

14 programs;

15 (2) maintenance of effort;

16 (3) comparability of services;

17 (4) the equitable participation of students at18 tending private schools;

19 (5) parental participation and involvement;

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

21 educational agencies;

22 (7) the eligibility of an individual for participa23 tion in the affected programs;
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1 (8) public health or safety, labor standards,

2 civil rights, occupational safety and health, or envi3 ronmental protection; or

4 (9) prohibitions or restrictions relating to the

5 construction of buildings or facilities.

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

7 Education shall periodically review the performance of any

8 State or partnership for which the Secretary of Education

9 has granted a waiver and shall terminate the waiver under

10 this section if the Secretary determines that the perform11 ance of the State, partnership, or local educational agency

12 affected by the waiver has been inadequate to justify a

13 continuation of the waiver, or the State fails to waive simi14 lar requirements of State law as required or agreed to in

15 accord with section 502(a)(1)(B).

16 SEC. 503. WAIVERS OF STATUTORY AND REGULATORY RE17 QUIREMENTS BY THE SECRETARY OF LABOR.

18 (a) IN GENERAL.—(1) Except as provided in sub19 section (c), the Secretary of Labor may waive any require20 ment of any statutory provisions listed in subsection (b)

21 or of the regulations issued under such statutory provi22 sions for a State that requests such a waiver—

23 (A) if, and only to the extent that, the Sec24 retary of Labor determines that such requirement
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1 impedes the ability of the State or a partnership to

2 carry out the purposes of this Act;

3 (B) if the State waives, or agrees to waive,

4 similar requirements of State law; and

5 (C) if the State—

6 (i) has provided all partnerships in the

7 State with notice and an opportunity to com8 ment on the State’s proposal to seek a waiver;

9 and

10 (ii) has submitted the comments of the

11 partnerships to the Secretary of Labor.

12 (2) The Secretary of Labor shall act promptly on any

13 request submitted pursuant to paragraph (1).

14 (3) Each waiver approved pursuant to this subsection

15 shall be for a period not to exceed five years, except that

16 the Secretary of Labor may extend such period if the Sec17 retary of Labor determines that the waiver has been effec18 tive in enabling the State or partnership to carry out the

19 purposes of this Act.

20 (b) INCLUDED PROGRAMS.—The statutory provisions

21 subject to the waiver authority of this section are as fol22 lows—

23 (1) section 106(b)(4) (performance standards),

24 section 107 (selection of service providers), section

25 108 (limitation on certain costs), section 141 (gen-
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1 eral program requirements), and section 142 (bene2 fits) of the Job Training Partnership Act, except

3 that section 141(c) and section 141(q) shall not be

4 waived;

5 (2) section 123 of the Job Training Partnership

6 Act (State education coordination and grants);

7 (3) part B of title II of the Job Training Part8 nership Act (Summer Youth Employment and

9 Training Programs);

10 (4) part C, title II of the Job Training Partner11 ship Act (Youth Training Program), except that sec12 tion 263 (eligibility for services) shall not be waived;

13 and

14 (5) part A (Employment and Training Pro15 grams for Native Americans and Migrant and Sea16 sonal Farmworkers), part B (Job Corps), and part

17 H (Youth Fair Chance Program) of title IV of the

18 Job Training Partnership Act.

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

20 Labor may not waive any statutory or regulatory require21 ment of the programs listed in subsection (b) relating to—

22 (1) the basic purposes or goals of the affected

23 programs;

24 (2) the eligibility of an individual for participa25 tion in the affected programs;
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1 (3) the allocation of funds under the affected

2 programs;

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

4 civil rights, occupational safety and health, or envi5 ronmental protection;

6 (5) maintenance of effort; or

7 (6) prohibitions or restrictions relating to the

8 construction of buildings or facilities.

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

10 Labor shall periodically review the performance of any

11 State or partnership for which the Secretary of Labor has

12 granted a waiver and shall terminate the waiver under this

13 section if the Secretary determines that the performance

14 of the State or partnership affected by the waiver has been

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

16 State fails to waive similar requirements of State law as

17 required or agreed to in accord with section 503(a)(1)(B).

18 SEC. 504. SAFEGUARDS.

19 The following safeguards shall apply to School-to20 Work Opportunities programs under this Act:

21 (1) No student shall displace any currently em22 ployed worker (including a partial displacement,

23 such as a reduction in the hours of non-overtime

24 work, wages, or employment benefits).
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1 (2) No School-to-Work Opportunities program

2 shall impair existing contracts for services or collec3 tive bargaining agreements, except that no program

4 under this Act that would be inconsistent with the

5 terms of a collective bargaining agreement shall be

6 undertaken without the written concurrence of the

7 labor organization and employer concerned.

8 (3) No student shall be employed or job open9 ing filled—

10 (A) when any other individuals is on tem11 porary layoff from the participating employer,

12 with the clear possibility of recall, from the

13 same or any substantially equivalent job; or

14 (B) when the employee has terminated the

15 employment of any regular employer or other16 wise reduced its workforce with the intention of

17 filling the vacancy so created with a student.

18 (4) Students shall be provided with adequate

19 and safe equipment and a safe and healthful work20 place in conformity with all health and safety stand21 ards of Federal, State, and local law.

22 (5) Nothing in this Act shall be construed to

23 modify or affect any Federal or State law prohibit24 ing discrimination on the basis of race, religion,
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1 color, ethnicity, national origin, gender, age, or dis2 ability.

3 (6) Funds appropriated under authority of this

4 Act shall not be expended for wages of students.

5 (7) The Secretaries shall provide such other

6 safeguards as they may deem appropriate in order

7 to ensure that School-to-Work Opportunities partici8 pants are afforded adequate supervision by skilled

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

10 of this Act.

11 SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

12 (a) AUTHORIZATION.—There are authorized to be ap13 propriated to the Secretaries $300,000,000 in fiscal year

14 1995, and such sums as may be necessary in each of the

15 seven succeeding fiscal years for allocations to carry out

16 this Act.

17 (b) HIGH POVERTY AREAS.—The Secretaries may re18 serve up to $30,000,000 in fiscal year 1995, and such

19 sums as may be necessary in each of the succeeding seven

20 years under this Act, to carry out section 303, which may

21 be used in conjunction with funds available under the

22 Youth Fair Chance Program, title IV–H of the Job Train23 ing Partnership Act (29 U.S.C. 1671 et seq.).

24 (c) NATIONAL PROGRAMS.—The Secretaries may re25 serve up to $30,000,000 in fiscal year 1995 and such
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1 sums as they may deem necessary under this Act, in each

2 of the seven succeeding fiscal years to carry out title IV.

3 (d) TERRITORIES.—The Secretaries may reserve up

4 to one quarter of one percent for School-to-Work Opportu5 nities programs under this Act for the territories of the

6 United States, which are the Virgin Islands, Guam, the

7 Northern Mariana Islands, American Samoa, the Fed8 erated States of Micronesia, and the Republic of the Mar9 shall Islands, and which include Palau until the Compact

10 of Free Association is signed.

11 (e) NATIVE AMERICAN PROGRAMS.—(1) The Sec12 retaries may reserve up to one quarter of one percent of

13 the funds appropriated for any fiscal year under section

14 505(a) for School-to-Work Opportunities programs for In15 dian youth that are consistent with School-to-Work Op16 portunities programs carried out under title II of this Act

17 and that involve Bureau funded schools, as defined in sec18 tion 1139(3) of the Education Amendments of 1978 (25

19 U.S.C. 2019(3)).

20 (2) The Secretaries may carry out this subsection

21 through such means as they find appropriate, including,

22 but not limited to—

23 (A) the transfer of funds to the Secretary of the

24 Interior; and
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1 (B) the provision of financial assistance to In2 dian tribes and Indian organizations.

3 (f) AVAILABILITY OF FUNDS.—Funds obligated for

4 any fiscal year for programs authorized under this Act

5 shall remain available until expended.

6 SEC. 506. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

7 The Secretaries are authorized, in carrying out this

8 Act, to accept, purchase, or lease in the name of the De9 partment of Labor or the Department of Education, and

10 employ or dispose of in furtherance of the purposes of this

11 Act, any money or property, real, personal, or mixed, tan12 gible or intangible, received by gift, devise, bequest, or oth13 erwise, and to accept voluntary and uncompensated serv14 ices notwithstanding the provisions of section 1342 of title

15 31.

16 SEC. 507. EFFECTIVE DATE.

17 This Act shall take effect on the day of enactment.

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