II

103D CONGRESS

1ST SESSION S. 1361

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

Opportunities systems in all States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, (legislative day, JUNE 30), 1993

Mr. SIMON (for himself, Mr. KENNEDY, Mr. DURENBERGER, Mr. WOFFORD,

Mr. PELL, Mr. METZENBAUM, Mr. DODD, Mr. HATFIELD, Ms.

MOSELEY-BRAUN, Mr. BREAUX, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Labor

and Human Resources

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

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes and Congressional intent.
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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.

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 de-
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1 grees, and many do not possess the academic and

2 entry-level occupational skills necessary to succeed in

3 the changing workplace;

4 (2) unemployment among American youth is in5 tolerably high, and earnings of high school graduates

6 have been falling relative to those with more

7 education;

8 (3) the American workplace is changing in re9 sponse to heightened international competition and

10 new technologies, and these forces, which are ulti11 mately beneficial to the Nation, are shrinking the

12 demand for and undermining the earning power of

13 unskilled labor;

14 (4) the United States is the only industrialized

15 nation that lacks a comprehensive and coherent sys16 tem to help its youth acquire knowledge, skills, abili17 ties, and information about and access to the labor

18 market necessary to make an effective transition

19 from school to career-oriented work or to further

20 education and training;

21 (5) American students can achieve to high

22 standards, and many learn better and retain more

23 when they learn in context, rather than in the ab24 stract;
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1 (6) work-based learning, which is modeled after

2 the time-honored apprenticeship concept, integrates

3 theoretical instruction with structured on-the-job

4 training, and this approach, combined with school5 based learning, can be very effective in engaging stu6 dent interest, enhancing skill acquisition, and pre7 paring youth for high-skill, high-wage careers; and

8 (7) Federal resources currently fund a series of

9 categorical, work-related education and training pro10 grams that are not administered as a coherent

11 whole.

12 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

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

14 (1) establish a national framework within which

15 all States can create statewide School-to-Work Op16 portunities systems that are integrated with the sys17 tems developed under the Goals 2000: Educate

18 America Act and that offer young Americans access

19 to a performance-based education and training pro20 gram that will enable them to earn portable creden21 tials, prepare them for a first job in a high-skill,

22 high-wage career, and increase their opportunities

23 for further education;

24 (2) transform workplace into active learning

25 components by making employers full partners in
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1 providing high-quality, work-based learning experi2 ences to students;

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

4 capital, to underwrite the initial costs of planning

5 and establishing statewide School-to-Work Opportu6 nities systems that will be maintained with other

7 Federal, State, and local resources;

8 (4) promote the formation, among secondary

9 and postsecondary educational institutions, private

10 and public employers, labor organizations, govern11 ment, community groups, parents, and students, of

12 local education and training systems that are dedi13 cated to linking the worlds of school and work;

14 (5) help students attain high academic and oc15 cupational standards;

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

17 programs, such as tech-prep-education, career aca18 demics, school-to-apprenticeship programs, coopera19 tive education, youth apprenticeship, and business20 education compacts, that can be developed into pro21 grams funded under this Act;

22 (7) improve the knowledge and skills of youth

23 by integrating academic and occupational learning

24 integrating school-based and work-based learning,
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1 and building effective linkages between secondary

2 and postsecondary education;

3 (8) motivate youth, especially low-achieving

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

5 and strive to succeed by providing enriched learning

6 experiences and assistance in obtaining good jobs;

7 and

8 (9) further the National Education Goals set

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

10 Act.

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

12 Congress that the Secretary of Labor and the Secretary

13 of Education jointly administer this Act in a flexible man14 ner that—

15 (1) promote State and local discretion in estab16 lishing and implementing School-to-Work Opportuni17 ties systems and programs; and

18 (2) contributes to reinventing government by

19 building on State and local capacity, eliminating du20 plication, supporting locally established initiatives,

21 requiring measurable goals for performance, and

22 offering flexibility in meeting these goals.

23 SEC. 4. DEFINITIONS.

24 As used in this Act—
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1 (1) the term ‘‘elements of an industry’’ means,

2 with respect to a particular industry that a student

3 is preparing to enter, such elements as planning,

4 management, finances, technical and production

5 skills, underlying principles of technology, labor and

6 community issues, health and safety, and environ7 mental issues related to that industry;

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

9 from the broad range of backgrounds and cir10 cumstances, including disadvantaged students, stu11 dents of diverse racial, ethnic, and cultural back12 grounds, students with disabilities, students with

13 limited English proficiency, and academically tal14 ented students;

15 (3) the term ‘‘approved State plan’’ or ‘‘ap16 proved plan’’ means a School-to-Work Opportunities

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

18 the Secretaries to include the basic program compo19 nents and otherwise meet the requirements of this

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

21 the Goals 2000: Educate America Act;

22 (4) the term ‘‘career major’’ means a coherent

23 sequence of courses or fields of study that prepares

24 a student for a first job and that—
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1 (A) integrates occupational and academic

2 learning, integrates work-based and school3 based learning, and establishes linkages be4 tween secondary and postsecondary education;

5 (B) prepares the student for employment

6 in broad occupational clusters or industry

7 sectors;

8 (C) typically includes at least two years of

9 secondary school and one or two years of post10 secondary education;

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

12 diploma, a certificate or diploma recognizing

13 successful completion of one or two years of

14 postsecondary education (if appropriate), and a

15 skill certificate; and

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

17 entry into a registered apprenticeship program;

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

19 and private employers;

20 (6) the term ‘‘Governor’’ means the chief execu21 tive of a State;

22 (7) the term ‘‘local educational agency’’ shall

23 have the same meaning as provided in paragraph 12

24 of section 1471 of the Elementary and Secondary

25 Education Act of 1965, (20 U.S.C. 2891(12));
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1 (8) the term ‘‘partnership’’ means a local entity

2 that is responsible for local School-to-Work Opportu3 nities programs and that consists of employers, pub4 lic secondary or postsecondary educational institu5 tions or agencies, and labor organizations or em6 ployee representatives as defined in section

7 403(c)(1)(B) of the Goals 2000: Educate America

8 Act, and may include other entities, such as non9 profit or community-based organizations, rehabilita10 tion agencies and organizations, registered appren11 ticeship agencies, local vocational education entities,

12 local government agencies, parent organizations, pri13 vate industry councils established under the Job

14 Training Partnership Act, and federally recognized

15 Indian tribes and Alaska Native villages;

16 (9) the term ‘‘postsecondary education institu17 tion’’ means a public or private nonprofit institution

18 that is authorized within a State to provide a pro19 gram of education beyond secondary education, and

20 includes a community college, a technical college, a

21 postsecondary vocational institution, or a tribally

22 controlled community college;

23 (10) the term ‘‘registered apprenticeship agen24 cy’’ means either the Bureau of Apprenticeship and

25 Training in the United States Department of Labor
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1 or a State apprenticeship agency recognized and ap2 proved by the Bureau of Apprenticeship and Train3 ing as the appropriate body for State registration or

4 approval of local apprenticeship programs and agree5 ments for Federal purposes;

6 (11) the term ‘‘registered apprenticeship pro7 gram’’ means a program registered by a registered

8 apprenticeship agency;

9 (12) the term ‘‘Secretaries’’ means the Sec10 retary of Education and the Secretary of Labor;

11 (13) the term ‘‘skill certificate’’ means a port12 able, industry-recognized credential issued by a

13 School-to-Work Opportunities program under an ap14 proved plan, that certifies that a student has mas15 tered skills at levels that are at least as challenging

16 as skill standards endorsed by the National Skill

17 Standards Board established under the Goals 2000:

18 Educate America Act, except that until such skill

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

20 means a credential issued under a process described

21 in a State’s approved plan;

22 (14) the term ‘‘State’’ means each of the sev23 eral States, the District of Columbia, and the Com24 monwealth of Puerto Rico; and
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1 (15) the term ‘‘workplace mentor’’ means an

2 employee at the workplace who possesses the skills

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

4 student, critiques the student’s performance, chal5 lenges the student to perform well, and works in

6 consultation with classroom teachers and the

7 employer.

8 SEC. 5. FEDERAL ADMINISTRATION.

9 (a) Notwithstanding the Department of Education

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

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

12 statutory provisions regarding the establishment of the

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

14 166 of the Job Training Partnership Act (29 U.S.C.

15 1576), the Secretaries shall jointly provide for the admin16 istration of the programs established by this Act, and may

17 issue whatever procedures, guidelines, and regulations, in

18 accordance with 5 United States Code 553, they deem nec19 essary and appropriate to administer and enforce the pro20 visions of this Act.

21 (b) Section 431 of the General Education Provisions

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

23 under this Act.
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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;

10 (2) provide a student with the opportunity to

11 complete a career major as defined in section 4 of

12 this Act; and

13 (3) incorporate the basic program components

14 provided in sections 102 through 104.

15 SEC. 102. WORK-BASED LEARNING COMPONENT.

16 The work-based learning component of a School-to17 Work Opportunities program shall include—

18 (1) a planned program of job training and expe19 riences, including skills to be mastered at progres20 sively higher levels, that are relevant to a student’s

21 career major and lead to the award of a skill certifi22 cate;

23 (2) paid work experience;

24 (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 exploration and counseling in order

9 to help students who may be interested to identify,

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

11 career majors;

12 (2) initial selection by interested students of a

13 career major not later than the beginning of the

14 11th grade;

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

16 same challenging academic standards established by

17 States for all students under the Goals 2000: Edu18 cate America Act, and to meet the requirements nec19 essary for a student to earn a skill certificate; and

20 (4) regularly scheduled evaluations to identify

21 academic strengths and weaknesses of students and

22 the need for additional learning opportunities to

23 master core adacemic skills.
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1 SEC. 104. CONNECTION 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 for upgrading the

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

5 Subtitle A—State Development

6 Grants

7 SEC. 210. PURPOSE.

8 The purpose of this subtitle is to assist States in

9 planning and developing comprehensive, statewide systems

10 for school-to-work opportunities.

11 SEC. 202. STATE DEVELOPMENT GRANTS.

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

13 the Secretaries may award a development grant to a State

14 in such amount as the Secretaries determine is necessary

15 to enable the State to complete development (that may

16 have begun with funds awarded under the Job Training

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

18 D. Perkins Vocational and Applied Technology Education

19 Act (20 U.S.C. 2301 et seq.)) of a comprehensive, state20 wide School-to-Work Opportunities system, except that a

21 development grant under this subtitle may not exceed

22 $1,000,000 in any fiscal year.

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

24 development grant shall—
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1 (1) include a timetable and an estimate of the

2 amount of funding needed to complete the planning

3 and development necessary to implement a com4 prehensive, statewide School-to-Work Opportunities

5 system;

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

7 school officer; the State agency officials responsible

8 for job training and employment, economic develop9 ment, and postsecondary education; and other ap10 propriate officials will collaborate in the planning

11 and development of the State School-to-Work Oppor12 tunities system;

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

14 and continued participation in the planning and de15 velopment of the statewide School-to-Work Opportu16 nities system of employers and other interested par17 ties such as locally elected officials, secondary and

18 postsecondary educational institutions or agencies,

19 business associations, employees, labor organizations

20 or associations thereof, teachers, students, parents,

21 community-based organizations, rehabilitation agen22 cies and organizations, registered apprenticeship

23 agencies, and local vocational educational agencies;

24 (4) describe how the State will coordinate its

25 planning activities with any local School-to-Work
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1 Opportunities program that has received a grant

2 under title III of this Act;

3 (5) designate a fiscal agent to receive and be

4 accountable for funds awarded under this subtitle;

5 and

6 (6) include such other information as the Sec7 retaries may require.

8 (c) STATE DEVELOPMENT ACTIVITIES.—Funds

9 awarded under this section shall be expended by a State

10 only for activities undertaken to develop a statewide

11 School-to-Work Opportunities system, which may in12 clude—

13 (1) identifying or establishing an appropriate

14 State structure to administer the School-to-Work

15 Opportunities system;

16 (2) identifying or establishing broad-based part17 nerships among employers, labor, education, govern18 ment, and other community organizations to partici19 pate in the design, development, and administration

20 of School-to-Work Opportunities programs;

21 (3) developing a marketing plan to build con22 sensus and support for School-to-Work Opportuni23 ties programs;
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1 (4) promoting the active involvement of busi2 ness in planning and developing local School-to3 Work Opportunities programs;

4 (5) supporting local School-to-Work Opportuni5 ties planning and development activities to provide

6 guidance in the development of School-to-work Op7 portunities programs;

8 (6) initiating pilot program for testing key com9 ponents of State program design;

10 (7) developing a State process for issuing skill

11 certificates that takes into account the work of the

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

14 (8) designing challenging curricula;

15 (9) developing a system for labor market analy16 sis and strategic planning for local targeting of in17 dustry sectors or broad occupational clusters;

18 (10) analyzing the post high school employment

19 experiences of recent high school graduates and

20 dropouts; and

21 (11) preparing the plan required for submission

22 of an application for an Implementation Grant

23 under subtitle B.
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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 in the

5 implementation of comprehensive, statewide School-to6 Work Opportunities systems.

7 SEC. 212. STATE IMPLEMENTATION GRANTS.

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

9 apply to the Secretaries for a competitive implementation

10 grant by submitting an application that contains—

11 (1) a plan for a comprehensive, statewide

12 School-to-Work Opportunities system that meets the

13 content requirements provided in subsection (b);

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

15 funds under this Act to local School-to-Work Oppor16 tunities partnerships;

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

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

19 statutory or regulatory requirements, as provided for

20 under title V of this Act; and

21 (4) such other information as the Secretaries

22 may require.

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

24 shall—
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1 (1) designate the geographical areas to be

2 served by partnerships, which shall, to the extent

3 feasible, reflect local labor market areas;

4 (2) describe how the State will stimulate and

5 support local School-to-Work Opportunities pro6 grams that meet the requirements of this Act, and

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

8 to cover all geographic areas in the State;

9 (3) describe the procedure by which the Gov10 ernor; the chief State school officer; the State agen11 cy officials responsible for job training and employ12 ment, economic development, and postsecondary

13 education; and other appropriate officials will col14 laborate in the implementation of the State School15 to-Work Opportunities system;

16 (4) describe the procedure for obtaining the ac17 tive and continued involvement in the statewide

18 School-to-Work Opportunities system of employers

19 and other interested parties such as locally elected

20 officials, secondary and postsecondary educational

21 institutions or agencies, business associations, em22 ployees, labor organizations or associations thereof,

23 teachers, students, parents, community-based orga24 nizations, rehabilitation agencies and organizations,
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1 registered apprenticeship agencies, and local voca2 tional educational agencies;

3 (5) describe how the School-to-Work Opportuni4 ties system will coordinate the use of education and

5 training funds from State and private sources with

6 funds available from such related Federal programs

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

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

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

10 the Elementary and Secondary Education Act of

11 1965 (20 U.S.C. 2701 et seq.), the Family Support

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

13 Goals 2000: Educate America Act, the Individuals

14 with Disabilities Education Act (20 U.S.C. 1400 et

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

16 1501 et seq.), the National Apprenticeship Act (29

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

18 1973 (29 U.S.C. 701 et seq.);

19 (6) describe the resources, including private sec20 tor resources, the State intends to employ in main21 taining the School-to-Work Opportunities system

22 when funds under this Act are no longer available;

23 (7) describe how the State will ensure opportu24 nities for all students to participate in School-to25 Work Opportunities programs;
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1 (8) describe how the State will ensure opportu2 nities for young women to participate in School-to3 Work Opportunities programs in a manner that

4 leads to employment in high-performance, high-pay5 ing jobs, including jobs in which women traditionally

6 have been under-represented;

7 (9) describe how the State will ensure opportu8 nities for low achieving students, students with dis9 abilities, and former students who have dropped out

10 of school to participate in School-to-Work Opportu11 nities programs;

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

13 the skills and knowledge required in career majors,

14 and awarding skill certificates that take into account

15 the work of the National Skill Standards Board and

16 the criteria established under Goals 2000: Educate

17 America Act;

18 (11) describe the manner in which the State

19 will, to the extent feasible, continue and incorporate

20 programs funded under section 302 of this Act in

21 the State School-to-Work Opportunities system;

22 (12) describe the performance standards that

23 the State intends to meet; and
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1 (13) designate a fiscal agent to receive and be

2 accountable for School-to-Work Opportunities funds

3 awarded under this subtitle.

4 (c) REVIEW OF APPLICATIONS.—The Secretaries

5 shall submit each application to a peer review process, de6 termine whether to approve the State’s School-to-Work

7 Opportunities plan, and, if such determination is affirma8 tive, further determine whether to take one or a combina9 tion of the following actions—

10 (1) award an implementation grant;

11 (2) approve the State’s request, if any, for a

12 waiver in accordance with the procedures in title V

13 of this Act; and

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

15 for further development funds, except that further

16 development funds may not be awarded to a State

17 that receives an implementation grant.

18 (d) AMOUNT OF GRANT.—The Secretaries shall es19 tablish the minimum and maximum amounts available for

20 an implementation grant, and shall determine the actual

21 amount granted to any State based on such criteria as

22 the scope and quality of the plan and the number of pro23 jected program participants.

24 (e) STATE IMPLEMENTATION ACTIVITIES.—Funds

25 awarded under this section shall be expended by a State
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1 only for activities undertaken to implement the State’s

2 School-to-Work Opportunities system, which may in3 clude—

4 (1) recruiting and providing assistance to em5 ployers to provide work-based learning for students;

6 (2) conducting outreach activities to promote

7 and support collaboration in School-to-Work Oppor8 tunities programs by businesses, labor organizations,

9 and other organizations;

10 (3) providing training for teachers, employers,

11 workplace mentors, counselors, and others;

12 (4) providing labor market information to local

13 partnerships that is useful in determining which

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

15 (5) designing or adapting model curricula that

16 can be used to integrate academic and vocational

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

18 secondary and postsecondary education;

19 (6) designing or adapting model work-based

20 learning programs and identifying best practices;

21 and

22 (7) conducting outreach activities and providing

23 technical assistance to other States that are develop24 ing or implementing School-to-Work Opportunities

25 systems.
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1 (f) ALLOCATION OF FUNDS TO PARTNERSHIPS.—A

2 State shall award subgrants to partnerships, according to

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

4 65 percent of the sums awarded to it under this section

5 in the first year, 75 percent of such sums in the second

6 year, and 85 percent of such sums in each year thereafter.

7 (g) STATE SUBGRANTS TO PARTNERSHIPS.—

8 (1) APPLICATION.—A partnership that seeks a

9 subgrant to carry out a local School-to-Work Oppor10 tunities program shall submit an application to the

11 State that—

12 (A) describes how the program would in13 clude the basic program components and other14 wise meet the requirements of title I of this

15 Act;

16 (B) sets forth measurable program goals

17 and outcomes;

18 (C) describes the local strategies and time19 tables to provide School-to-Work Opportunities

20 program opportunities for all students; and

21 (D) provides such other information as the

22 State may require.

23 (2) ALLOWABLE ACTIVITIES.—A partnership

24 shall expend funds awarded under this section only

25 for activities undertaken to carry out School-to-Work
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1 Opportunities programs as defined in this Act, and

2 such activities may include—

3 (A) recruiting and providing assistance to

4 employers to provide the work-based learning

5 components in the School-to-Work Opportuni6 ties program;

7 (B) establishing consortia of employers to

8 support the School-to-Work Opportunities pro9 gram and provide access to jobs related to stu10 dents’ career majors;

11 (C) supporting or establishing inter12 mediaries to perform the activities described in

13 section 104 and to provide assistance to stu14 dents in obtaining jobs and further education

15 and training;

16 (D) designing or adapting school curricula

17 that can be used to integrate academic and vo18 cational learning, school-based and work-based

19 learning, and secondary and postsecondary

20 education;

21 (E) providing training to work-based and

22 school-based staff on new curricula, student as23 sessments, student guidance, and feedback to

24 the school regarding student performance;
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1 (F) establishing in schools participating in

2 a School-to-Work Opportunities program a

3 graduation assistance program to assist at-risk

4 and low-achieving students in graduating from

5 high school, enrolling in postsecondary edu6 cation or training, and finding or advancing in

7 jobs;

8 (G) conducting or obtaining an in-depth

9 analysis of the local labor market and the ge10 neric and specific skill needs of employers to

11 identify high-demand, high-wage careers to

12 target;

13 (H) integrating work-based and school14 based learning into existing job training pro15 grams for youth who have dropped out of

16 school;

17 (I) establishing or expanding school-to-ap18 prenticeship programs in cooperation with reg19 istered apprenticeship agencies and apprentice20 ship sponsors; and

21 (J) assisting participating employers, in22 cluding small- and medium-size businesses, to

23 identify and train workplace mentors and to de24 velop work-based learning components.
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1 TITLE III—FEDERAL IMPLEMEN2 TATION GRANTS TO PART3 NERSHIPS

4 SEC. 301. PURPOSE.

5 The purposes of this title are—

6 (1) to authorize the Secretaries to award com7 petitive grants to partnerships in States that have

8 not received an implementation grant under section

9 212, in order to provide funding for communities

10 that have built a sound planning and development

11 base for School-to-Work Opportunities programs and

12 are ready to begin implementing a local School-to13 Work Opportunities program; and

14 (2) to authorize the Secretaries to award com15 petitive grants to implement School-to-Work Oppor16 tunities programs in high poverty areas of urban

17 and rural communities to provide support for a com18 prehensive range of education, training, and support

19 services for youth residing in designated high pov20 erty areas.

21 SEC. 302. FEDERAL IMPLEMENTATION GRANTS TO PART22 NERSHIPS.

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

24 School-to-Work Opportunities implementation grants to

25 partnerships in States that have not received an imple-
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1 mentation grant under section 212, according to competi2 tive criteria established by the Secretaries.

3 (b) APPLICATION PROCEDURE.—A partnership that

4 desires to receive a direct Federal grant under this section

5 shall submit an application to the Secretaries in accord

6 with procedures specified by the Secretaries, but before

7 the partnership submits the application to the Secretaries

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

9 and comment.

10 (c) APPLICATION CONTENTS.—The grant application

11 from a partnership shall include a plan for local School12 to-Work Opportunities program that—

13 (1) describes how the partnership will meet the

14 requirements of this Act;

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

16 (3) contains information that is consistent with

17 the content requirements for a State plan that are

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

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

20 accountable for funds under this section; and

21 (5) provides other information that the Sec22 retaries may require.

23 (d) CONFORMITY WITH APPROVED STATE PLAN.—

24 The Secretaries shall not award a grant under this section

25 to a partnership in a State that has an approved plan un-
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1 less the Secretaries determine, after consultation with the

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

3 accord with the approved State plan.

4 (e) IMPLEMENTATION ACTIVITIES.—Funds awarded

5 under this section shall be expended by a partnership only

6 for activities undertaken to implement School-to-Work Op7 portunities programs under this Act, including, but not

8 limited to, the activities specified in section 212(g)(2).

9 SEC. 303. SCHOOL-TO-WORK OPPORTUNITIES PROGRAM

10 GRANTS IN HIGH POVERTY AREAS.

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

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

13 grants to implement School-to-Work Opportunities pro14 grams, that include the basic program components and

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

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

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

18 comprehensive range of education, training, and support

19 services for youth residing in such areas. The Secretaries

20 are authorized to award such grants according to criteria

21 established by the Secretaries, except that the Secretaries

22 shall not award a grant under this section to a School23 to-Work Opportunities program unless the Secretaries de24 termine after consultation with the State and partnership
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1 that it is in accord with approved State and local plans,

2 if any.

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

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

5 a nonmetropolitan county, a Native American Indian res6 ervation, or an Alaska Native village, with a poverty rate

7 of 30 percent or more, as determined by the Bureau of

8 the Census.

9 (c) ALLOWABLE ACTIVITIES.—Funds awarded under

10 this section may be expended for activities such as those

11 that support school-based job specialists to assist students

12 in obtaining employment, and that recruit employers and

13 assist them to develop work-based learning opportunities

14 for students.

15 (d) USE OF FUNDS.—Funds available under this sec16 tion may be awarded in combination with funds appro17 priated for the Youth Fair Chance Program.

18 TITLE IV—NATIONAL PROGRAMS

19 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

20 PROJECTS.

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

22 505(c), the Secretaries shall conduct research and develop23 ment and establish a program of experimental and dem24 onstration projects, to further the purposes of this Act.
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1 (b) ADDITIONAL USE OF FUNDS.—Funds reserved

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

3 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,

10 establish a system of performance measures for assessing

11 State and local programs regarding—

12 (1) progress in the development and implemen13 tation 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, and students;

18 (3) progress in developing and implementing

19 strategies for addressing the needs of in-school and

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

21 (4) student outcomes, including—

22 (A) academic learning gains;

23 (B) staying in school and attaining a high

24 school diploma, skill certificate, and college

25 degree;
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1 (C) placement and retention in further

2 education or training, particularly in the stu3 dent’s career major; and

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

5 particularly in the student’s career major; and

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

7 the needs of employers.

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

9 national evaluation of School-to-Work Opportunities pro10 grams funded under this Act that will track and assess

11 the progress of implementation of State and local pro12 grams and their effectiveness based on measures such as

13 those described in subsection (a).

14 (c) REPORTS.—Each State shall provide periodic re15 ports, at such intervals as the Secretaries determine, con16 taining information described in paragraphs (1) through

17 (4) of subsection (a).

18 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

19 (a) PURPOSE.—The Secretaries shall work in co20 operation with the States, employers and their associa21 tions, schools, labor organizations, and community organi22 zations to increase their capacity to develop and imple23 ment effective School-to-Work Opportunities programs.
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1 (b) AUTHORIZED ACTIVITIES.—The Secretaries shall

2 provide, through grants, contracts, or other arrange3 ments—

4 (1) training, technical assistance, and other ac5 tivities that will:

6 (A) enhance the skills, knowledge, and ex7 pertise of the personnel involved in planning

8 and implementing State and local School-to9 Work Opportunities programs; and

10 (B) improve the quality of services pro11 vided to individuals served under this Act;

12 (2) assistance to States and partnerships in

13 order to integrate resources available under this Act

14 with resources available under other Federal, State,

15 and local authorities;

16 (3) assistance to States and partnerships to re17 cruit employers to provide the work-based learning

18 component of School-to-Work Opportunities pro19 grams.

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

21 under section 505(c) for the peer review of State applica22 tions and plans under section 212 and applications under

23 title III of this Act.
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1 TITLE V—GENERAL PROVISIONS

2 SEC. 501. STATE REQUEST AND RESPONSIBILITIES FOR A

3 WAIVER OF STATUTORY AND REGULATORY

4 REQUIREMENTS.

5 (a) STATE REQUEST FOR WAIVER.—A state with an

6 approved plan may, at any point during the development

7 or implementation of a School-to-Work Opportunities pro8 gram, request a waiver of one or more statutory or regu9 latory provisions from the Secretaries in order to carry

10 out the purposes of the Act.

11 (b) PARTNERSHIP REQUEST FOR WAIVER.—A part12 nership that seeks a waiver of any of the laws specified

13 in sections 502 and 503 shall submit an application for

14 such waiver to the State, and the State shall determine

15 whether to submit the application for a waiver to the

16 Secretaries.

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

18 shall meet the criteria contained in section 502 or section

19 503 and shall specify the laws or regulations referred to

20 in those sections that the State wants waived.

21 SEC. 502. WAIVERS OF STATUTORY AND REGULATORY RE22 QUIREMENTS BY THE SECRETARY OF EDU23 CATION.

24 (a) IN GENERAL.—(1) Except as provided in sub25 section (c), the Secretary of Education may waive any re-
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1 quirement of any statute listed in subsection (b) or of the

2 regulations issued under such statute for a State that re3 quests such a waiver—

4 (A) if, and only to the extent that, the Sec5 retary of Education determines that such require6 ment impedes the ability of the State or a partner7 ship to carry out the purposes of this Act;

8 (b) if the State waives, or agrees to waive, simi9 lar requirements of State law; and

10 (c) if the State—

11 (i) has provided all partnerships, and local

12 educational agencies participating in a partner13 ship, in the State with notice and an oppor14 tunity to comment on the State’s proposal to

15 seek a waiver; and

16 (ii) has submitted the comments of the

17 partnership and local educational agencies to

18 the Secretary of Education.

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

20 any request submitted pursuant to paragraph (1).

21 (3) Each waiver approved pursuant to this subsection

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

23 the Secretary of Education may extend such period if the

24 Secretary of Education determines that the waiver has
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1 been effective in enabling the State or partnership to carry

2 out the purposes of this Act.

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

4 the waiver authority of this section are as follows—

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

6 Secondary Education Act of 1965, including the

7 Even Start Act;

8 (2) part A of chapter 2 of title I of the Elemen9 tary and Secondary Education Act of 1965;

10 (3) the Dwight D. Eisenhower Mathematics and

11 Science Education Act (title II, part A of the Ele12 mentary and Secondary Education Act of 1965);

13 (4) the Emergency Immigrant Education Act of

14 1984 (title IV, part D of the Elementary and Sec15 ondary Education Act of 1965);

16 (5) the Drug-Free Schools and Communities

17 Act of 1986 (title V of the Elementary and Second18 ary Education Act of 1965); and

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

20 Technology Education Act.

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

22 Education may not waive any statutory or regulatory re23 quirement of the programs listed in subsection (b) relating

24 to—
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1 (1) the basic purposes or goals of the affected

2 programs;

3 (2) maintenance of effort;

4 (3) comparability of services;

5 (4) the equitable participation of students at6 tending private schools;

7 (5) parental participation and involvement;

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

9 educational agencies;

10 (7) the eligibility of an individual for participa11 tion in the affected programs;

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

13 civil rights, occupational safety and health, or envi14 ronmental protection; or

15 (9) prohibitions or restrictions relating to the

16 construction of buildings or facilities.

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

18 Education shall periodically review the performance of any

19 State or partnership for which the Secretary of Education

20 has granted a waiver and shall terminate the waiver under

21 this section if the Secretary determines that the perform22 ance of the State, partnership, or local educational agency

23 affected by the waiver has been inadequate to justify a

24 continuation of the waiver, or the State fails to waive simi-
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1 lar requirements of State law as required or agreed to in

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

3 SEC. 503. WAIVERS OF STATUTORY AND REGULATORY RE4 QUIREMENTS BY THE SECRETARY OF LABOR.

5 (a) IN GENERAL.—(1) Except as provided in sub6 section (c), the Secretary of Labor may waive any require7 ment of any statutory provisions listed in subsection (b)

8 or of the regulations issued under such statutory provi9 sions for a State that requests such a waiver—

10 (A) if, and only to the extent that, the Sec11 retary of Labor determines that such requirement

12 impedes the ability of the State or a partnership to

13 carry out the purposes of this Act;

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

15 similar requirements of State law; and

16 (C) if the State—

17 (i) has provided all partnerships in the

18 State with notice and an opportunity to com19 ment on the State’s proposal to seek a waiver;

20 and

21 (ii) has submitted the comments of the

22 partnerships to the Secretary of Labor.

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

24 request submitted pursuant to paragraph (1).
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1 (3) Each waiver approved pursuant to this subsection

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

3 the Secretary of Labor may extend such period if the Sec4 retary of Labor determines that the waiver has been effec5 tive in enabling the State or partnership to carry out the

6 purposes of this Act.

7 (b) INCLUDED PROGRAMS.—The statutory provisions

8 subject to the waiver authority of this section are as fol9 lows—

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

11 section 107 (selection of service providers), section

12 108 (limitation on certain costs), section 141 (gen13 eral program requirements), and section 142 (bene14 fits) of the Job Training Partnership Act, except

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

16 waived;

17 (2) section 123 of the Job Training Partnership

18 Act (State education coordination and grants);

19 (3) part B of title II of the Job Training Part20 nership Act (Summer Youth Employment and

21 Training Programs);

22 (4) part C, title II of the Job Training Partner23 ship Act (Youth Training Program), except that sec24 tion 263 (eligibility for services) shall not be waived;

25 and
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1 (5) part A (Employment and Training Pro2 grams for Native Americans and Migrant and Sea3 sonal Farmworkers), part B (Job Corps), and part

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

5 Job Training Partnership Act.

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

7 Labor may not waive any statutory or regulatory require8 ment of the programs listed in subsection (b) relating to—

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

10 programs;

11 (2) the eligibility of an individual for participa12 tion in the affected programs;

13 (3) the allocation of funds under the affected

14 programs;

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

16 civil rights, occupational safety and health, or envi17 ronmental protection;

18 (5) maintenance of effort; or

19 (6) prohibitions or restrictions relating to the

20 construction of buildings or facilities.

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

22 Labor shall periodically review the performance of any

23 State or partnership for which the Secretary of Labor has

24 granted a waiver and shall terminate the waiver under this

25 section if the Secretary determines that the performance
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1 of the State or partnership affected by the waiver has been

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

3 State fails to waive similar requirements of State law as

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

5 SEC. 504. SAFEGUARDS.

6 The following safeguards shall apply to School-to7 Work Opportunities programs under this Act:

8 (1) No student shall displace any currently em9 ployed worker (including a partial displacement,

10 such as a reduction in the hours of nonovertime

11 work, wages, or employment benefits).

12 (2) No School-to-Work Opportunities program

13 shall impair existing contracts for services or collec14 tive bargaining agreements, except that no program

15 under this Act that would be inconsistent with the

16 terms of a collective bargaining agreement shall be

17 undertaken without the written concurrence of the

18 labor organization and employer concerned.

19 (3) No student shall be employed or job open20 ing filled—

21 (A) when any other individual is on tem22 porary layoff from the participating employer,

23 with the clear possibility of recall, from the

24 same or any substantially equivalent job; or
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1 (B) when the employer has terminated the

2 employment of any regular employee or other3 wise reduced its workforce with the intention of

4 filling the vacancy so created with a student.

5 (4) Students shall be provided with adequate

6 and safe equipment and a safe and healthful work7 place in conformity with all health and safety stand8 ards of Federal, State, and local law.

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

10 modify or affect any Federal or State law prohibit11 ing discrimination on the basis of race, religion,

12 color, ethnicity, national origin, gender, age, or

13 disability.

14 (6) Funds appropriated under authority of this

15 Act shall not be expended for wages of students.

16 (7) The Secretaries shall provide such other

17 safeguards as they may deem appropriate in order

18 to ensure that School-to-Work Opportunities partici19 pants are afforded adequate supervision by skilled

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

21 of this Act.

22 SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

23 (a) AUTHORIZATION.—There are authorized to be ap24 propriated to the Secretaries $300,000,000 in fiscal year

25 1995, and such sums as may be necessary in each of the
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1 seven succeeding fiscal years for allocations to carry out

2 this Act.

3 (b) HIGH POVERTY AREAS.—The Secretaries may re4 serve up to $30,000,000 in fiscal year 1995, and such

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

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

7 be used in conjunction with funds available under the

8 Youth Fair Chance Program, title IV–H of the Job Train9 ing Partnership Act (29 U.S.C. 1671, et seq.).

10 (c) NATIONAL PROGRAMS.—The Secretaries may re11 serve up to $30,000,000 in fiscal year 1995 and such

12 sums as they may deem necessary under this Act, in each

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

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

15 to one quarter of one percent for School-to-Work Opportu16 nities programs under this Act for the territories of the

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

18 Northern Mariana Islands, American Samoa, the Fed19 erated States of Micronesia, and the Republic of the Mar20 shall Islands, and which include Palau until the Compact

21 of Free Association is signed.

22 (e) NATIVE AMERICAN PROGRAMS.—(1) The Sec23 retaries may reserve up to one quarter of one percent of

24 the funds appropriated for any fiscal year under section

25 505(a) for School-to-Work Opportunities programs for In-
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1 dian youth that are consistent with School-to-Work Op2 portunities programs carried out under title II of this Act

3 and that involve Bureau funded schools, as defined in sec4 tion 1139(3) of the Education Amendments of 1978 (25

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

6 (2) The Secretaries may carry out this subsection

7 through such means as they find appropriate, including,

8 but not limited to—

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

10 Interior; and

11 (B) the provision of financial assistance to In12 dian tribes and Indian organizations.

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

14 any fiscal year for programs authorized under this Act

15 shall remain available until expended.

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

17 The Secretaries are authorized, in carrying out this

18 Act, to accept, purchase, or lease in the name of the De19 partment of Labor or the Department of Education, and

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

21 Act, any money or property, real, personal, or mixed, tan22 gible or intangible, received by gift, devise, bequest, or

23 otherwise, and to accept voluntary and uncompensated

24 services notwithstanding the provisions of section 1342 of

25 title 31.
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1 SEC. 507. EFFECTIVE DATE.

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

Æ

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