Calendar No. 279

103D CONGRESS

1ST SESSION S. 1361

[Report No. 103–179]

A BILL

To establish a national framework for the developNall States, and for other purposes. ment of School-to-Work Opportunities systems in OVEMBER 10 (legislative day, NOVEMBER 2), 1993

Reported with an amendment
II

Calendar No. 279

103D CONGRESS

1ST SESSION S. 1361

[Report No. 103–179]

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, Mrs. MURRAY, Mr. SARBANES, Mr.

INOUYE, Ms. MIKULSKI, Mrs. BOXER, Mr. JOHNSTON, Mr. REID, Mr.

CAMPBELL, and Mr. BINGAMAN) introduced the following bill; which was

read twice and referred to the Committee on Labor and Human Resources

NOVEMBER 10 (legislative day, NOVEMBER 2), 1993

Reported by Mr. KENNEDY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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

11 education;

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 workplace 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 aca24 demics, 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) promote State and local discretion in estab21 lishing and implementing School-to-Work Opportuni22 ties 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

2 offering 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 fields 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

10 sectors;

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 or 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, pri17 vate industry councils established under the Job

18 Training Partnership Act, and federally recognized

19 Indian tribes and Alaska Native villages;

20 (9) the term ‘‘postsecondary education institu21 tion’’ means a public or private nonprofit institution

22 that is authorized within a State to provide a pro23 gram of education beyond secondary education, and

24 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; and

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

12 employer.

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 5 United States Code 553, they deem nec24 essary and appropriate to administer and enforce the pro25 visions 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 OP5 PORTUNITIES BASIC PRO6 GRAM COMPONENTS

7 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

8 A School-to-Work Opportunities program under this

9 Act shall—

10 (1) integrate work-based learning and school11 based learning, as provided for in sections 102 and

12 103;

13 (2) provide a student with the opportunity to

14 complete a career major as defined in section 4 of

15 this Act; and

16 (3) incorporate the basic program components

17 provided in sections 102 through 104.

18 SEC. 102. WORK-BASED LEARNING COMPONENT.

19 The work-based learning component of a School-to20 Work Opportunities program shall include—

21 (1) a planned program of job training and expe22 riences, including skills to be mastered at progres23 sively higher levels, that are relevant to a student’s

24 career major and lead to the award of a skill certifi25 cate;
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1 (2) paid work experience;

2 (3) workplace mentoring;

3 (4) instruction in general workplace com4 petencies; and

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

6 an industry.

7 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

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

10 (1) career exploration and counseling in order

11 to help students who may be interested to identify,

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

13 career majors;

14 (2) initial selection by interested students of a

15 career major not later than the beginning of the

16 11th grade;

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

18 same challenging academic standards established by

19 States for all students under the Goals 2000: Edu20 cate America Act, and to meet the requirements nec21 essary for a student to earn a skill certificate; and

22 (4) regularly scheduled evaluations to identify

23 academic strengths and weaknesses of students and

24 the need for additional learning opportunities to

25 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-
29

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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-
30

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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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•S 1361 RS

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.
32

•S 1361 RS

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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•S 1361 RS

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.
34

•S 1361 RS

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-
36

•S 1361 RS

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
37

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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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•S 1361 RS

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-
39

•S 1361 RS

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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•S 1361 RS

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
42

•S 1361 RS

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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•S 1361 RS

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
44

•S 1361 RS

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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•S 1361 RS

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.

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

7 follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes and congressional intent.

Sec. 4. Definitions.

Sec. 5. Federal administration.

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.

Sec. 213. Limitation on administrative costs.

TITLE III—FEDERAL IMPLEMENTATION GRANTS TO PARTNERSHIPS

Sec. 301. Purposes.

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.
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•S 1361 RS

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. Requirements.

Sec. 505. Sanctions.

Sec. 506. Authorization of appropriations.

Sec. 507. Acceptance of gifts, and other matters.

Sec. 508. State authority.

Sec. 509. Construction.

Sec. 510. Effective date.

Sec. 511. Sunset.

1 SEC. 2. FINDINGS.

2 Congress finds that—

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

6 entry-level occupational skills necessary to succeed in

7 the changing American workplace;

8 (2) a substantial number of American youth, es9 pecially disadvantaged students, students of diverse

10 racial, ethnic, and cultural backgrounds, and students

11 with disabilities, do not complete school;

12 (3) unemployment among American youth is in13 tolerably high, and earnings of high school graduates

14 have been falling relative to earnings of persons with

15 more education;

16 (4) the American workplace is changing in re17 sponse to heightened international competition and

18 new technologies, and such forces, which are ulti-
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•S 1361 RS

1 mately beneficial to the Nation, are shrinking the de2 mand for and undermining the earning power of un3 skilled labor;

4 (5) the United States lacks a comprehensive and

5 coherent system to help its youth acquire the knowl6 edge, skills, abilities, and information about and ac7 cess to the labor market necessary to make an effective

8 transition from school to career-oriented work or to

9 further education and training;

10 (6) American students can achieve to high stand11 ards, and many learn better and retain more when

12 the students learn in context, rather than in the ab13 stract;

14 (7) while many American students have part15 time jobs, there is infrequent linkage between—

16 (A) such jobs; and

17 (B) the career planning or exploration, or

18 the school-based learning, of such students;

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

20 modeled after the time-honored apprenticeship con21 cept, integrates theoretical instruction with structured

22 on-the-job training, and this approach, combined with

23 school-based learning, can be very effective in engag24 ing student interest, enhancing skill acquisition, de-
49

•S 1361 RS

1 veloping positive work attitudes, and preparing youth

2 for high-skill, high-wage careers; and

3 (9) Federal resources currently fund a series of

4 categorical, work-related education and training pro5 grams, many of which serve disadvantaged youth,

6 that are not administered as a coherent whole.

7 SEC. 3. PURPOSES AND CONGRESSIONAL INTENT.

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

9 (1) establish a national framework within which

10 all States can create statewide School-to-Work Oppor11 tunities systems that—

12 (A) are a part of comprehensive education

13 reform;

14 (B) are integrated with the State education

15 systems reformed under the Goals 2000: Educate

16 America Act; and

17 (C) offer opportunities for all students to

18 participate in a performance-based education

19 and training program that will—

20 (i) enable the students to earn portable

21 credentials;

22 (ii) prepare the students for first jobs

23 in high-skill, high-wage careers; and
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•S 1361 RS

1 (iii) increase their opportunities for

2 further education, including education in a

3 4-year college or university;

4 (2) create a universal, high-quality school-to5 work transition system that enables all young Ameri6 cans to identify and navigate paths to productive and

7 progressively more rewarding roles in the workplace;

8 (3) utilize workplaces as active learning environ9 ments in the educational process by making employ10 ers joint partners with educators in providing oppor11 tunities for all students to participate in high-qual12 ity, work-based learning experiences;

13 (4) use Federal funds under this Act as venture

14 capital, to underwrite the initial costs of planning

15 and establishing statewide School-to-Work Opportuni16 ties systems that will be maintained with other Fed17 eral, State, and local resources;

18 (5) promote the formation of partnerships that

19 are dedicated to linking the worlds of school and

20 work, among secondary schools and postsecondary

21 education institutions, private and public employers,

22 labor organizations, government, community-based

23 organizations, parents, students, State educational

24 agencies, local educational agencies, and training and

25 human service agencies;
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1 (6) help all students attain high academic and

2 occupational standards;

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

4 school-to-work transition programs, such as tech-prep

5 education programs, career academies, school-to-ap6 prenticeship programs, cooperative education pro7 grams, youth apprenticeship programs, school-spon8 sored enterprises, and business-education compacts,

9 that can be developed into programs funded under

10 this Act;

11 (8) improve the knowledge and skills of youth by

12 integrating academic and occupational learning, inte13 grating school-based and work-based learning, and

14 building effective linkages between secondary and

15 postsecondary education;

16 (9) motivate all youth, including low-achieving

17 youth, youth who have dropped out of school, and

18 youth with disabilities, to stay in or return to school

19 or a classroom setting and strive to succeed, by pro20 viding enriched learning experiences and assistance

21 in obtaining good jobs and continuing their education

22 in postsecondary education institutions;

23 (10) expose students to a vast array of career op24 portunities, and facilitate the selection of career ma-
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•S 1361 RS

1 jors, based on individual interests, goals, strengths,

2 and abilities; and

3 (11) further the National Education Goals set

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

5 Act.

6 (b) CONGRESSIONAL INTENT.—It is the intent of Con7 gress that the Secretary of Labor and the Secretary of Edu8 cation jointly administer this Act, in consultation with the

9 Secretary of Commerce, in a flexible manner that—

10 (1) promotes State and local discretion in estab11 lishing and implementing School-to-Work Opportuni12 ties systems and programs; and

13 (2) contributes to reinventing government by—

14 (A) building on State and local capacity;

15 (B) eliminating duplication in education

16 and training programs for youth by integrating

17 such programs into one comprehensive system;

18 (C) maximizing the effective use of re19 sources;

20 (D) supporting locally established initia21 tives;

22 (E) requiring measurable goals for perform23 ance; and

24 (F) offering flexibility in meeting such

25 goals.
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1 SEC. 4. DEFINITIONS.

2 As used in this Act—

3 (1) the term ‘‘all aspects of the industry’’ means

4 all aspects of the industry or industry sector a stu5 dent is preparing to enter, including planning, man6 agement, finances, technical and production skills,

7 underlying principles of technology, labor and com8 munity issues, health and safety issues, and environ9 mental issues, related to such industry or industry

10 sector;

11 (2) the term ‘‘all students’’ means students from

12 a broad range of backgrounds and circumstances, in13 cluding disadvantaged students, students with diverse

14 racial, ethnic, or cultural backgrounds, students with

15 disabilities, students with limited-English proficiency,

16 students who have dropped out of school, and aca17 demically talented students;

18 (3) the term ‘‘approved plan’’ means a School19 to-Work Opportunities system plan that is submitted

20 by a State under section 212(a), is determined by the

21 Secretaries to include the program components de22 scribed in sections 102 through 104 and otherwise

23 meet the requirements of this Act, and is consistent

24 with the improvement plan of the State, if any, under

25 the Goals 2000: Educate America Act;
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1 (4) the term ‘‘career major’’ means a coherent se2 quence of courses or field of study that prepares a stu3 dent for a first job and that—

4 (A) integrates academic and occupational

5 learning, integrates school-based and work-based

6 learning, establishes linkages between secondary

7 and postsecondary education, and prepares stu8 dents for admission to 2-year or 4-year post9 secondary education institutions;

10 (B) prepares the student for employment in

11 broad occupational clusters or industry sectors;

12 (C) typically includes at least 2 years of

13 secondary education and at least 1 or 2 years of

14 postsecondary education;

15 (D) provides the students, to the extent

16 practicable, with strong experience in and under17 standing of all aspects of the industry the stu18 dents are planning to enter;

19 (E) results in the award of—

20 (i) a high school diploma or its equiva21 lent, such as—

22 (I) a general equivalency diploma;

23 or

24 (II) an alternative diploma or

25 certificate for students with disabilities
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1 for whom such alternative diploma or

2 certificate is appropriate;

3 (ii) a certificate or diploma recogniz4 ing successful completion of 1 or 2 years of

5 postsecondary education (if appropriate);

6 and

7 (iii) a skill certificate; and

8 (F) may lead to further education and

9 training, such as entry into a registered appren10 ticeship program, or may lead to admission to a

11 4-year college or university;

12 (5) the term ‘‘employer’’ includes both public and

13 private employers;

14 (6) the term ‘‘Governor’’ means the chief execu15 tive of a State;

16 (7) the term ‘‘local educational agency’’ has the

17 meaning given the term in section 1471(12) of the El18 ementary and Secondary Education Act of 1965 (20

19 U.S.C. 2891(12));

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

21 that—

22 (A) is responsible for carrying out local

23 School-to-Work Opportunities programs;

24 (B) consists of employers or employer orga25 nizations, public secondary schools and post-
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1 secondary educational institutions (or represent2 atives, such as teachers, counselors, and adminis3 trators), and labor organizations or

4 nonmanagerial employee representatives; and

5 (C) may include other entities, such as com6 munity-based organizations, national trade asso7 ciations working at local levels, rehabilitation

8 agencies and organizations, registered appren9 ticeship agencies, local vocational education enti10 ties, proprietary institutions of higher education

11 as defined in section 481(b) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1088(b)) (so long

13 as such institutions meet the requirements speci14 fied in section 498 of such Act), local government

15 agencies, parent organizations and teacher orga16 nizations, vocational student organizations, pri17 vate industry councils established under section

18 102 of the Job Training Partnership Act (29

19 U.S.C. 1512), and Indian tribes, as defined in

20 section 1 of the Tribally Controlled Community

21 College Assistance Act of 1978 (25 U.S.C. 1801);

22 (9) the term ‘‘postsecondary education institu23 tion’’ means a public or private institution that is

24 authorized within a State to provide a program of

25 education beyond secondary education, and includes a
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1 community college, a technical college, a postsecond2 ary vocational institution, a tribally controlled com3 munity college, as defined in section 1 of the Tribally

4 Controlled Community College Assistance Act of 1978,

5 and a 4-year college or university;

6 (10) the term ‘‘registered apprenticeship agency’’

7 means the Bureau of Apprenticeship and Training in

8 the Department of Labor or a State apprenticeship

9 agency recognized and approved by the Bureau of Ap10 prenticeship and Training as the appropriate body

11 for State registration or approval of local apprentice12 ship programs and agreements for Federal purposes;

13 (11) the term ‘‘registered apprenticeship pro14 gram’’ means a program registered by a registered

15 apprenticeship agency;

16 (12) the term ‘‘related services’’ includes the

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

18 Individuals with Disabilities Education Act (20

19 U.S.C. 1401(17));

20 (13) the term ‘‘school site mentor’’ means a pro21 fessional employed at a school who is designated as

22 the advocate for a particular student, and who works

23 in consultation with classroom teachers, counselors,

24 related services personnel, and the employer of the
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1 student to design and monitor the progress of the

2 School-to-Work Opportunities program of the student;

3 (14) the term ‘‘School-to-Work Opportunities

4 program’’ means a program that meets the require5 ments of this Act, other than a program described in

6 section 401(a);

7 (15) the term ‘‘secondary school’’ has the mean8 ing given the term in section 1201(d) of the Higher

9 Education Act of 1965 (20 U.S.C. 1141(d));

10 (16) the term ‘‘Secretaries’’ means the Secretary

11 of Education and the Secretary of Labor;

12 (17) the term ‘‘skill certificate’’ means a port13 able, industry-recognized credential issued by a

14 School-to-Work Opportunities program under an ap15 proved plan, that certifies that a student has mastered

16 skills at levels that are at least as challenging as skill

17 standards endorsed by the National Skill Standards

18 Board established under the National Skill Standards

19 Act of 1993, except that until such skill standards are

20 developed, the term ‘‘skill certificate’’ means a creden21 tial issued under a process described in the approved

22 plan of a State;

23 (18) the term ‘‘State’’ means each of the several

24 States, the District of Columbia, and the Common25 wealth of Puerto Rico;
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1 (19) the term ‘‘State educational agency’’ has the

2 meaning given the term in section 1471(23) of the El3 ementary and Secondary Education Act of 1965 (20

4 U.S.C. 2891(23)); and

5 (20) the term ‘‘workplace mentor’’ means an em6 ployee or other individual, approved by the employer

7 at a workplace, who possesses the skills and knowledge

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

9 student, critiques the performance of the student, chal10 lenges the student to perform well, and works in con11 sultation with classroom teachers and the employer of

12 the student.

13 SEC. 5. FEDERAL ADMINISTRATION.

14 (a) JOINT ADMINISTRATION.—Notwithstanding the

15 Department of Education Organization Act (20 U.S.C.

16 3401 et seq.), the General Education Provisions Act (20

17 U.S.C. 1221 et seq.), the Act entitled ‘‘An Act To Create

18 a Department of Labor’’, approved March 4, 1913 (29

19 U.S.C. 551 et seq.), and section 166 of the Job Training

20 Partnership Act (29 U.S.C. 1576), the Secretaries shall

21 jointly provide for the administration of the programs es22 tablished by this Act. The Secretaries shall jointly issue such

23 uniform procedures, guidelines, and regulations, in accord24 ance with section 553 of title 5, United States Code, as the
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1 Secretaries determine to be necessary and appropriate to

2 administer and enforce the provisions of this Act.

3 (b) REGULATIONS.—Section 431 of the General Edu4 cation Provisions Act (20 U.S.C. 1232) shall not apply to

5 regulations issued with respect to any programs under this

6 Act.

7 (c) PLAN.—Within 120 days after the date of enact8 ment of this Act, the Secretaries shall prepare a plan for

9 the joint administration of this Act and submit such plan

10 to the appropriate Committees of Congress for review and

11 comment.

12 TITLE I—SCHOOL-TO-WORK OP13 PORTUNITIES BASIC PRO14 GRAM COMPONENTS

15 SEC. 101. GENERAL PROGRAM REQUIREMENTS.

16 A School-to-Work Opportunities program under this

17 Act shall—

18 (1) integrate school-based learning and work19 based learning, as provided for in sections 102 and

20 103, integrate academic and occupational learning,

21 and establish effective linkages between secondary and

22 postsecondary education;

23 (2) provide participating students with the op24 portunity to complete career majors;
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1 (3) incorporate the program components pro2 vided in sections 102 through 104;

3 (4) provide participating students, to the extent

4 practicable, with strong experience in and under5 standing of all aspects of the industry the students are

6 preparing to enter; and

7 (5) provide all students with equal access to the

8 full range of such program components (including

9 both school- and work-based learning components)

10 and related activities and to recruitment, enrollment,

11 and placement activities.

12 SEC. 102. WORK-BASED LEARNING COMPONENT.

13 (a) MANDATORY ACTIVITIES.—The work-based learn14 ing component of a School-to-Work Opportunities program

15 shall include—

16 (1) paid work experience;

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

18 experiences (including training related to

19 preemployment and employment skills to be mastered

20 at progressively higher levels) that are coordinated

21 with learning in the school-based learning component

22 described in section 103 and are relevant to the career

23 majors of students and lead to the award of skill cer24 tificates;

25 (3) workplace mentoring; and
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1 (4) instruction in general workplace com2 petencies, including instruction and activities devel3 oping positive work attitudes, and employability and

4 participative skills.

5 (b) PERMISSIBLE ACTIVITIES.—Such component may

6 include such activities as job shadowing, school-sponsored

7 enterprises, or on-the-job training for academic credit.

8 SEC. 103. SCHOOL-BASED LEARNING COMPONENT.

9 The school-based learning component of a School-to10 Work Opportunities program shall include—

11 (1) career exploration and counseling, beginning

12 prior to the 11th grade year of the students, in order

13 to help students who may be interested to identify,

14 and select or reconsider, their interests, goals, and ca15 reer majors;

16 (2) initial selection by interested students of ca17 reer majors not later than the beginning of the 11th

18 grade;

19 (3) a program of study designed to meet aca20 demic standards established by the State for all stu21 dents, including, where applicable, any content stand22 ards developed under the Goals 2000: Educate Amer23 ica Act, and to meet the requirements necessary to

24 prepare students for postsecondary education and to

25 earn skill certificates; and
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1 (4) regularly scheduled evaluations involving on2 going consultation and problem solving with students

3 to identify academic strengths and weaknesses, aca4 demic progress, workplace knowledge, goals, and the

5 need for additional learning opportunities to master

6 core academic and vocational skills.

7 SEC. 104. CONNECTING ACTIVITIES COMPONENT.

8 The connecting activities component of a School-to9 Work Opportunities program shall include—

10 (1) matching students with the work-based learn11 ing opportunities of employers;

12 (2) serving, with respect to each student, as a li13 aison among the student and the employer, school,

14 teacher, and parent of the student, and, if appro15 priate, other community partners;

16 (3) providing technical assistance and services to

17 employers, including small- and medium-sized busi18 nesses, and other parties in—

19 (A) designing work-based learning compo20 nents described in section 102 and counseling

21 and case management services; and

22 (B) training teachers, workplace mentors,

23 school site mentors, and counselors;

24 (4) providing assistance to schools and employers

25 to integrate school-based and work-based learning and
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1 integrate academic and occupational learning in the

2 program;

3 (5)(A) providing assistance to participants who

4 have completed the program in finding an appro5 priate job, continuing their education, or entering

6 into an additional training program; and

7 (B) linking the participants with other commu8 nity services that may be necessary to assure a suc9 cessful transition from school to work;

10 (6) collecting and analyzing information regard11 ing post-program outcomes of participants in the

12 School-to-Work Opportunities program, including dis13 advantaged students, students with diverse racial, eth14 nic, or cultural backgrounds, students with disabil15 ities, students with limited-English proficiency, stu16 dents who have dropped out of school, and academi17 cally talented students; and

18 (7) linking youth development activities under

19 this Act with employer and industry strategies for

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

5 Subtitle A—State Development

6 Grants

7 SEC. 201. PURPOSE.

8 The purpose of this subtitle is to assist States in plan9 ning and developing comprehensive, statewide systems for

10 school-to-work opportunities.

11 SEC. 202. STATE DEVELOPMENT GRANTS.

12 (a) IN GENERAL.—

13 (1) AWARD.—On the application of the Governor

14 on behalf of a State, the Secretaries may award a de15 velopment grant to the State in such amount as the

16 Secretaries determine to be necessary to enable the

17 State to complete development of a comprehensive,

18 statewide School-to-Work Opportunities system.

19 (2) AMOUNT.—The amount of a development

20 grant under this subtitle may not exceed $1,000,000

21 for any fiscal year.

22 (3) COMPLETION.—The Secretaries may award

23 such grant to complete development initiated with

24 funds awarded under the Job Training Partnership

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

2 (20 U.S.C. 2301 et seq.).

3 (b) APPLICATION CONTENTS.—To be eligible to receive

4 a grant under subsection (a), a State shall submit an appli5 cation to the Secretaries that shall—

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

7 amount of funding needed to complete the planning

8 and development necessary to implement a com9 prehensive, statewide School-to-Work Opportunities

10 system, for all students;

11 (2) describe the manner in which—

12 (A) the Governor;

13 (B) the State educational agency;

14 (C) the State agency officials responsible for

15 job training and employment;

16 (D) the State agency officials responsible for

17 economic development;

18 (E) the State agency officials responsible for

19 postsecondary education; and

20 (F) other appropriate officials,

21 will collaborate in the planning and development of

22 the statewide School-to-Work Opportunities system;

23 (3) describe the manner in which the State has

24 obtained and will continue to obtain the active and

25 continued participation, in the planning and develop-
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1 ment of the statewide School-to-Work Opportunities

2 system, of employers and other interested parties such

3 as locally elected officials, secondary schools and post4 secondary educational institutions (or related agen5 cies), business associations, employees, labor organiza6 tions or associations of such organizations, teachers,

7 related services personnel, students, parents, commu8 nity-based organizations, rehabilitation agencies and

9 organizations, registered apprenticeship agencies, vo10 cational educational agencies, vocational student or11 ganizations, and human service agencies;

12 (4) describe the manner in which the State will

13 coordinate planning activities with any local school14 to-work programs, including programs that have re15 ceived a grant under title III, if any;

16 (5) designate a fiscal agent to receive and be ac17 countable for funds awarded under this subtitle;

18 (6) include such other information as the Sec19 retaries may require;

20 (7) provide evidence of the support of the officials

21 and agencies described in paragraph (2) for the ap22 plication; and

23 (8) be submitted at such time and in such man24 ner as the Secretaries may require.
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1 (c) STATE DEVELOPMENT ACTIVITIES.—Funds award2 ed under this section shall be expended by a State only for

3 activities undertaken to develop a statewide School-to-Work

4 Opportunities system, which may include—

5 (1) identifying or establishing an appropriate

6 State structure to administer the School-to-Work Op7 portunities system;

8 (2) identifying secondary and postsecondary

9 school-to-work programs that might be incorporated

10 into the State system;

11 (3) identifying or establishing broad-based part12 nerships among employers, labor, education, govern13 ment, and other community and parent organizations

14 to participate in the design, development, and admin15 istration of School-to-Work Opportunities programs;

16 (4) developing a marketing plan to build consen17 sus and support for School-to-Work Opportunities

18 programs;

19 (5) promoting the active involvement of business,

20 including small- and medium-sized businesses, in

21 planning, developing, and implementing local School22 to-Work Opportunities programs;

23 (6) identifying ways that local school-to-work

24 programs could be coordinated with the statewide

25 School-to-Work Opportunities system;
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1 (7) supporting local planning and development

2 activities to provide guidance, training, and technical

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

5 (8) identifying or establishing mechanisms for

6 providing training and technical assistance to en7 hance the development of a statewide School-to-Work

8 Opportunities system;

9 (9) initiating pilot programs for testing key

10 components of the program design of programs under

11 the system;

12 (10) developing a State process for issuing skill

13 certificates that is, to the extent feasible, consistent

14 with the efforts of the National Skill Standards Board

15 and the skill standards endorsed under the National

16 Skill Standards Act of 1993;

17 (11) designing challenging curricula, in coopera18 tion with representatives of local partnerships, that

19 take into account the diverse learning needs and

20 abilities of the student population served by the sys21 tem;

22 (12) developing a system for labor market analy23 sis and strategic planning for local targeting, of in24 dustry sectors or broad occupational clusters, that can
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1 provide students with placements in high-skill work2 places;

3 (13) analyzing the post-high school employment

4 experiences of recent high school graduates and stu5 dents who have dropped out of school;

6 (14) preparing the plan described in section

7 212(b); and

8 (15) developing a training and technical support

9 system for teachers, employers, mentors, counselors,

10 related services personnel, and other parties.

11 Subtitle B—State Implementation

12 Grants

13 SEC. 211. PURPOSE.

14 The purpose of this subtitle is to assist States in the

15 implementation of comprehensive, statewide School-to-Work

16 Opportunities systems.

17 SEC. 212. STATE IMPLEMENTATION GRANTS.

18 (a) IN GENERAL.—

19 (1) ELIGIBILITY.—On the application of the

20 Governor on behalf of a State, the Secretaries may

21 award, on a competitive basis, a 5-year implementa22 tion grant to the State.

23 (2) APPLICATION.—To be eligible to receive a

24 grant under paragraph (1), a State shall submit an

25 application to the Secretaries that shall—
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1 (A) contain—

2 (i) a plan for a comprehensive, state3 wide School-to-Work Opportunities system

4 that meets the requirements of subsection

5 (b);

6 (ii) a description of the manner in

7 which the State will allocate funds made

8 available through such a grant to local

9 School-to-Work Opportunities partnerships

10 under subsection (g);

11 (iii) a request, if the State decides to

12 submit such a request, for one or more

13 waivers of certain statutory or regulatory

14 requirements, as provided for under title V;

15 (iv) a description of the manner in

16 which—

17 (I) the Governor;

18 (II) the State educational agency;

19 (III) the State agency officials re20 sponsible for job training and employ21 ment;

22 (IV) the State agency officials re23 sponsible for economic development;

24 (V) the State agency officials re25 sponsible for postsecondary education;
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1 (VI) other appropriate officials;

2 and

3 (VII) the private sector,

4 collaborated in the development of the appli5 cation; and

6 (v) such other information as the Sec7 retaries may require; and

8 (B) be submitted at such time and in such

9 manner as the Secretaries may require.

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

11 to in subsection (a)(2)(A)(i) shall—

12 (1) designate the geographical areas to be served

13 by partnerships that receive grants under subsection

14 (g), which shall, to the extent feasible, reflect local

15 labor market areas;

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

17 stimulate and support local School-to-Work Opportu18 nities programs that meet the requirements of this

19 Act, and the manner in which the statewide School20 to-Work Opportunities system will be expanded over

21 time to cover all geographic areas in the State;

22 (3) describe the procedure by which—

23 (A) the Governor;

24 (B) the State educational agency;
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1 (C) the State agency officials responsible for

2 job training and employment;

3 (D) the State agency officials responsible for

4 economic development;

5 (E) the State agency officials responsible for

6 postsecondary education; and

7 (F) other appropriate officials,

8 will collaborate in the implementation of the state9 wide School-to-Work Opportunities system;

10 (4) describe the manner in which the State has

11 obtained and will continue to obtain the active and

12 continued involvement, in the statewide School-to13 Work Opportunities system, of employers and other

14 interested parties such as locally elected officials, sec15 ondary schools and postsecondary educational institu16 tions (or related agencies), business associations, em17 ployees, labor organizations or associations of such or18 ganizations, teachers, related services personnel, stu19 dents, parents, community-based organizations, reha20 bilitation agencies and organizations, registered ap21 prenticeship agencies, vocational educational agencies,

22 vocational student organizations, State or regional co23 operative education associations, and human service

24 agencies;
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1 (5) describe the manner in which the School-to2 Work Opportunities system will coordinate with or

3 integrate local school-to-work programs, including

4 programs financed from State and private sources,

5 with funds available from such related Federal pro6 grams as programs under the Adult Education Act

7 (20 U.S.C. 1201 et seq.), the Carl D. Perkins Voca8 tional and Applied Technology Education Act (20

9 U.S.C. 2301, et seq.), the Elementary and Secondary

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

11 Higher Education Act of 1965 (20 U.S.C. 1001 et

12 seq.), part F of title IV of the Social Security Act (42

13 U.S.C. 681 et seq.), the Goals 2000: Educate America

14 Act, the National Skills Standards Act of 1993, the

15 Individuals with Disabilities Education Act (20

16 U.S.C. 1400 et seq.), the Job Training Partnership

17 Act (29 U.S.C. 1501 et seq.), the Act of August 16,

18 1937 (commonly known as the ‘‘National Apprentice19 ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50

20 et seq.); the Rehabilitation Act of 1973 (29 U.S.C. 701

21 et seq.), and the National and Community Service

22 Act of 1990 (42 U.S.C. 12501 et seq.);

23 (6) describe the strategy of the State for provid24 ing training for teachers, employers, mentors, coun25 selors, related services personnel, and other parties;
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1 (7) describe the strategy of the State for incor2 porating project-oriented, experiential learning pro3 grams which integrate theory and academic knowl4 edge with hands-on skills and applications into the

5 school curriculum for all students in the State;

6 (8) describe the resources, including private sec7 tor resources, that the State intends to employ in

8 maintaining the School-to-Work Opportunities system

9 when funds under this Act are no longer available;

10 (9) describe the manner in which the State will

11 ensure effective and meaningful opportunities for all

12 students in the State to participate in School-to-Work

13 Opportunities programs;

14 (10) describe the goals of the State and the meth15 ods the State will use, such as awareness and out16 reach, to ensure opportunities for young women to

17 participate in School-to-Work Opportunities pro18 grams in a manner that leads to employment in high19 performance, high-paying jobs, including nontradi20 tional employment;

21 (11) describe the manner in which the State will

22 ensure opportunities for low-achieving students, stu23 dents with disabilities, and former students who have

24 dropped out of school, to participate in School-to25 Work Opportunities programs;
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1 (12) describe the process of the State for assessing

2 the skills and knowledge required in career majors,

3 and the process for awarding skill certificates that is

4 consistent with the efforts of the National Skill Stand5 ards Board and the skill standards endorsed under

6 the National Skill Standards Act of 1993;

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

8 ensure that students participating in the programs

9 are provided, to the greatest extent possible, with

10 flexibility to develop new career goals over time and

11 to change career majors without adverse consequences;

12 (14) describe the manner in which the State will,

13 to the extent feasible, continue programs funded under

14 section 302 in the statewide School-to-Work Opportu15 nities system;

16 (15) describe the manner in which local school17 to-work programs, including programs funded under

18 section 302, if any, will be integrated into the state19 wide School-to-Work Opportunities system;

20 (16) describe the performance standards that the

21 State intends to meet;

22 (17) designate a fiscal agent to receive and be ac23 countable for funds awarded under this subtitle; and
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1 (18) provide evidence of the support of the offi2 cials and agencies described in paragraph (3) for the

3 plan, and their agreement with the plan.

4 (c) REVIEW OF APPLICATIONS.—In reviewing each ap5 plication submitted under subsection (a), the Secretaries

6 shall submit the application to a peer review process, deter7 mine whether to approve the plan described in subsection

8 (b), and, if such determination is affirmative, further deter9 mine whether to take one or more of the following actions:

10 (1) Award an implementation grant described in

11 subsection (a) to the State submitting the application.

12 (2) Approve the request of the State, if any, for

13 a waiver in accordance with the procedures set forth

14 in title V.

15 (3) Inform the State of the opportunity to apply

16 for further development funds under subtitle A, by

17 submitting to the Secretaries an application that in18 cludes a timetable and an estimate of the amount of

19 funding needed to complete the planning and develop20 ment necessary to implement a comprehensive, state21 wide School-to-Work Opportunities system, except

22 that further development funds may not be awarded

23 to a State that receives an implementation grant

24 under subsection (e).
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1 (d) REVIEW CONSIDERATIONS.—In evaluating an ap2 plication submitted under subsection (a), the Secretaries

3 shall—

4 (1) take into consideration the quality of the ap5 plication, including the replicability, sustainability,

6 and innovation of programs described in the applica7 tion;

8 (2) give priority to applications, based on the ex9 tent to which the system described in the application

10 would limit administrative costs and increase

11 amounts spent on delivery of services to students en12 rolled in programs carried out through the system

13 under this Act; and

14 (3) give priority to applications that describe

15 systems that demonstrate the highest levels of collabo16 ration among appropriate State agencies and officials

17 and the private sector in the planning, development,

18 and implementation of the systems.

19 (e) GRANT AMOUNT AND DURATION OF GRANT.—

20 (1) AMOUNT.—The Secretaries shall establish the

21 minimum and maximum amounts available for an

22 implementation grant under subsection (a), and shall

23 determine the actual amount granted to any State

24 under such subsection, based on such criteria as the

25 scope and quality of the plan described in subsection
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1 (b) and the number of projected participants in pro2 grams carried out through the system.

3 (2) DURATION.—No State shall be awarded more

4 than one implementation grant.

5 (f) STATE IMPLEMENTATION ACTIVITIES.—A State

6 shall expend funds awarded through grants under sub7 section (a) only for activities undertaken to implement the

8 School-to-Work Opportunities system of the State, which

9 may include—

10 (1) recruiting and providing assistance to em11 ployers to provide work-based learning for all stu12 dents;

13 (2) conducting outreach activities to promote

14 and support collaboration, in School-to-Work Oppor15 tunities programs, by businesses, labor organizations,

16 and other organizations;

17 (3) providing training for teachers, employers,

18 workplace mentors, school site mentors, counselors, re19 lated services personnel, and other parties;

20 (4) providing labor market information to local

21 partnerships that is useful in determining which

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

23 (5) designing or adapting model curricula that

24 can be used to integrate academic and occupational

25 learning, school-based and work-based learning, and
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1 secondary and postsecondary education, for all stu2 dents in the State;

3 (6) designing or adapting model work-based

4 learning programs and identifying best practices for

5 such programs;

6 (7) conducting outreach activities and providing

7 technical assistance to other States that are develop8 ing or implementing School-to-Work Opportunities

9 systems;

10 (8) reorganizing and streamlining School-to11 Work Opportunities systems in the State to facilitate

12 the development of a comprehensive statewide School13 to-Work Opportunities system;

14 (9) identifying ways that existing local school-to15 work programs could be integrated with the statewide

16 School-to-Work Opportunities system;

17 (10) designing career awareness and exploration

18 activities, which may begin as early as the elemen19 tary grades, such as job shadowing, job site visits,

20 school visits by individuals in various occupations,

21 and mentoring;

22 (11) designing and implementing school-spon23 sored work experiences, such as school-sponsored en24 terprises and community development projects; and
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1 (12) providing career exploration and awareness

2 services, counseling and mentoring services, college

3 awareness and preparation services, and other serv4 ices to prepare students for the transition from school

5 to work.

6 (g) ALLOCATION OF FUNDS TO PARTNERSHIPS.—A

7 State that receives a grant under subsection (a) shall award

8 grants, according to criteria established by the State, to

9 partnerships to carry out local School-to-Work Opportuni10 ties programs. In awarding such grants, the State shall use

11 not less than 65 percent of the sums awarded to the State

12 under subsection (a) in the first year in which the State

13 awards such grants, 75 percent of such sums in the second

14 such year, and 85 percent of such sums in each such year

15 thereafter.

16 (h) STATE SUBGRANTS TO PARTNERSHIPS.—

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

18 grant to carry out a local School-to-Work Opportuni19 ties program, including a program initiated under

20 section 302, shall submit an application to the State

21 that—

22 (A) describes how the program would in23 clude the program components described in sec24 tions 102, 103, and 104 and otherwise meet the

25 requirements of this Act;
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1 (B) sets forth measurable program goals

2 and outcomes;

3 (C) describes the local strategies and time4 tables of the partnership to provide School-to5 Work Opportunities program opportunities for

6 all students in the area served;

7 (D) provides such other information as the

8 State may require; and

9 (E) is submitted at such time and in such

10 manner as the State may require.

11 (2) ALLOWABLE ACTIVITIES.—A partnership

12 shall expend funds awarded through grants under this

13 subsection only for activities undertaken to carry out

14 local School-to-Work Opportunities programs, and

15 such activities may include, for each such program—

16 (A) recruiting and providing assistance to

17 employers, including small- and medium-size

18 businesses, to provide the work-based learning

19 components described in section 102 in the

20 School-to-Work Opportunities program;

21 (B) establishing consortia of employers to

22 support the School-to-Work Opportunities pro23 gram and provide access to jobs related to the ca24 reer majors of students;
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1 (C) supporting or establishing

2 intermediaries (selected from among the members

3 of the partnership) to perform the activities de4 scribed in section 104 and to provide assistance

5 to students in obtaining jobs and further edu6 cation and training;

7 (D) designing or adapting school curricula

8 that can be used to integrate academic and occu9 pational learning, school-based and work-based

10 learning, and secondary and postsecondary edu11 cation for all students in the area served;

12 (E) providing training to work-based and

13 school-based staff on new curricula, student as14 sessments, student guidance, and feedback to the

15 school regarding student performance;

16 (F) establishing, in schools participating in

17 the School-to-Work Opportunities program, a

18 graduation assistance program to assist at-risk

19 students, low-achieving students, and students

20 with disabilities, in graduating from high school,

21 enrolling in postsecondary education or training,

22 and finding or advancing in jobs;

23 (G) conducting or obtaining an indepth

24 analysis of the local labor market and the generic
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1 and specific skill needs of employers to identify

2 high-demand, high-wage careers to target;

3 (H) integrating work-based and school4 based learning into existing job training pro5 grams for youth who have dropped out of school;

6 (I) establishing or expanding school-to-ap7 prenticeship programs in cooperation with reg8 istered apprenticeship agencies and apprentice9 ship sponsors;

10 (J) assisting participating employers, in11 cluding small- and medium-size businesses, to

12 identify and train workplace mentors and to de13 velop work-based learning components;

14 (K) designing local strategies to provide

15 adequate planning time and staff development

16 activities for teachers, school counselors, related

17 services personnel, and school site mentors;

18 (L) enhancing linkages between—

19 (i) after-school, weekend, and summer

20 jobs; and

21 (ii) opportunities for career explo22 ration and school-based learning; and

23 (M) providing career exploration and

24 awareness services, counseling and mentoring

25 services, college awareness and preparation serv-
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1 ices, and other services to prepare students for

2 the transition from school to work.

3 SEC. 213. LIMITATION ON ADMINISTRATIVE COSTS.

4 (a) STATE SYSTEM.—A State that receives an imple5 mentation grant under section 212 may not use more than

6 15 percent of the amounts received through the grant for

7 any fiscal year for administrative costs associated with im8 plementing the School-to-Work Opportunities system of the

9 State for such fiscal year.

10 (b) LOCAL PROGRAM.—A partnership that receives a

11 grant under section 212 may not use more than 15 percent

12 of the amounts received through the grant for any fiscal

13 year for administrative costs associated with carrying out

14 the School-to-Work Opportunities programs of the partner15 ship for such fiscal year.

16 TITLE III—FEDERAL IMPLEMEN17 TATION GRANTS TO PART18 NERSHIPS

19 SEC. 301. PURPOSES.

20 The purposes of this title are—

21 (1) to authorize the Secretaries to award com22 petitive grants to partnerships in States that have not

23 received, or have only recently received, implementa24 tion grants under section 212(a), in order to provide

25 funding for communities that have established a
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1 sound planning and development base for School-to2 Work Opportunities programs and are ready to begin

3 implementing a local School-to-Work Opportunities

4 program; and

5 (2) to authorize the Secretaries to award com6 petitive grants to implement School-to-Work Opportu7 nities programs in high poverty areas of urban and

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

10 services for youth residing in designated high poverty

11 areas.

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

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

15 implementation grants, in accordance with competitive cri16 teria established by the Secretaries, to partnerships in

17 States that have not received an implementation grant

18 under section 212, or are carrying out activities for an ini19 tial year of an initial grant under such section, in order

20 to enable the partnerships to begin implementing local

21 School-to-Work Opportunities programs.

22 (b) APPLICATION PROCEDURE.—A partnership that

23 desires to receive or extend a Federal implementation grant

24 under this section shall submit an application to the Sec25 retaries at such time and in such manner as the Secretaries
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1 may require. The partnership shall submit the application

2 to the State for review and comment before submitting the

3 application to the Secretaries. The Secretaries shall submit

4 the application to a peer review process.

5 (c) APPLICATION CONTENTS.—The application de6 scribed in subsection (b) shall include a plan for local

7 School-to-Work Opportunities programs that—

8 (1) describes the manner in which the partner9 ship will meet the requirements of this Act;

10 (2) includes the comments of the State on the

11 plan, if any;

12 (3) contains information that is consistent with

13 the information required to be submitted as part of

14 a State plan in accordance with paragraphs (4)

15 through (10) of section 212(b);

16 (4) designates a fiscal agent to receive and be ac17 countable for funds under this section; and

18 (5) provides such other information as the Sec19 retaries may require.

20 (d) CONFORMITY WITH APPROVED PLAN.—The Sec21 retaries shall not award a grant under this section to a

22 partnership in a State that has an approved plan unless

23 the Secretaries determine, after consultation with the State,

24 that the plan submitted by the partnership is in accordance

25 with the approved plan.
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1 (e) IMPLEMENTATION ACTIVITIES.—A partnership

2 shall expend funds awarded under this section only for ac3 tivities undertaken to implement School-to-Work Opportu4 nities programs, which may include the activities specified

5 in section 212(f).

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

7 GRANTS IN HIGH POVERTY AREAS.

8 (a) IN GENERAL.—

9 (1) AWARD OF GRANTS.—From the funds re10 served under section 506(b), the Secretaries are au11 thorized to award grants, in accordance with competi12 tive criteria established by the Secretaries, to partner13 ships to implement School-to-Work Opportunities pro14 grams that include the program components described

15 in sections 102, 103, and 104 and otherwise meet the

16 requirements of title I, in high poverty areas.

17 (2) DEFINITION.—For purposes of this sub18 section, the term ‘‘high poverty area’’ means an urban

19 census tract, the block number area in a

20 nonmetropolitan county, or an Indian reservation (as

21 defined in section 403(9) of the Indian Child Protec22 tion and Family Violence Prevention Act (25 U.S.C.

23 3202(9)), with a poverty rate of 20 percent or more

24 among youth aged 5 to 17, inclusive, as determined

25 by the Bureau of the Census.
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1 (b) APPLICATION PROCEDURE.—A partnership that

2 desires to receive a grant under this section, in addition

3 to any funds received under section 212 or 302, shall submit

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

5 manner as the Secretaries may require. The partnership

6 shall submit the application to the State for review and

7 comment before submitting the application to the Secretar8 ies. The Secretaries shall submit the application to a peer

9 review process.

10 (c) APPLICATION CONTENTS.—The application de11 scribed in subsection (b) shall include a plan for local

12 School-to-Work Opportunities programs that—

13 (1) describes the manner in which the partner14 ship will meet the requirements of this Act;

15 (2) includes the comments of the State on the

16 plan, if any;

17 (3) contains information that is consistent with

18 the information required to be submitted as part of

19 a State plan in accordance with paragraphs (4)

20 through (10) of section 212(b);

21 (4) designates a fiscal agent to receive and be ac22 countable for funds under this section; and

23 (5) provides such other information as the Sec24 retaries may require.
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1 (d) CONFORMITY WITH APPROVED PLAN.—The Sec2 retaries shall not award a grant under this section to a

3 partnership in a State that has an approved plan unless

4 the Secretaries determine, after consultation with the State,

5 that the plan submitted by the partnership is in accordance

6 with the approved plan.

7 (e) IMPLEMENTATION ACTIVITIES.—A partnership

8 shall expend funds awarded under this section only for ac9 tivities undertaken to implement School-to-Work Opportu10 nities programs, including the activities specified in section

11 212(h)(2).

12 (f) USE OF FUNDS.—Funds awarded under this sec13 tion may be awarded in combination with funds awarded

14 under the Youth Fair Chance Program set forth in part

15 H of title IV of the Job Training Partnership Act (29

16 U.S.C. 1782 et seq.).

17 TITLE IV—NATIONAL PROGRAMS

18 SEC. 401. RESEARCH, DEMONSTRATION, AND OTHER

19 PROJECTS.

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

21 506(c), the Secretaries shall conduct research and develop22 ment projects and establish a program of experimental and

23 demonstration projects, to further the purposes of this Act.

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

25 under section 506(c) may be used for programs or services
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1 authorized under any other provision of this Act that are

2 most appropriately administered at the national level and

3 that will operate in, or benefit, more than one State.

4 SEC. 402. PERFORMANCE OUTCOMES AND EVALUATION.

5 (a) IN GENERAL.—Using funds reserved under section

6 506(c), the Secretaries, in collaboration with the States,

7 shall establish a system of performance measures for assess8 ing State and local School-to-Work Opportunities programs

9 regarding—

10 (1) progress in the development and implementa11 tion of State plans described in section 212(b) with

12 respect to programs that include the program compo13 nents described in sections 102, 103, and 104 and

14 otherwise meet the requirements of title I;

15 (2) participation in School-to-Work Opportuni16 ties programs by employers, schools, and students;

17 (3) progress in developing and implementing

18 strategies for addressing the needs of all students in

19 the State;

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

21 ensure opportunities for young women to participate

22 in School-to-Work Opportunities programs, including

23 participation in nontraditional employment;

24 (5) outcomes for students in the programs (in25 cluding disadvantaged students, students with diverse
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1 racial, ethnic, or cultural backgrounds, students with

2 disabilities, students with limited-English proficiency,

3 students who have dropped out of school, and aca4 demically talented students), which outcomes shall in5 clude—

6 (A) academic learning gains;

7 (B) progress in staying in school and at8 taining—

9 (i) a high school diploma or its equiva10 lent, such as—

11 (I) a general equivalency diploma;

12 or

13 (II) an alternative diploma or

14 certificate for students with disabilities

15 for whom such alternative diploma or

16 certificate is appropriate;

17 (ii) a skill certificate; and

18 (iii) a postsecondary degree;

19 (C) attainment of strong experience in and

20 understanding of all aspects of the industry the

21 students are preparing to enter;

22 (D) placement and retention in further edu23 cation or training, particularly in the career

24 major of the student; and
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•S 1361 RS

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

2 particularly in the career major of the student;

3 and

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

5 needs of employers.

6 (b) EVALUATION.—Using funds reserved under section

7 506(c), the Secretaries shall conduct, through grants, con8 tracts, or other arrangements, a national evaluation of

9 School-to-Work Opportunities programs funded under this

10 Act that will track and assess the progress of implementa11 tion of State and local School-to-Work Opportunities pro12 grams and their effectiveness based on measures such as the

13 measures described in subsection (a).

14 (c) REPORTS TO THE SECRETARIES.—

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

16 submit to the Secretaries periodic reports, at such in17 tervals as the Secretaries may determine, containing

18 information described in paragraphs (1) through (5)

19 of subsection (a).

20 (2) FEDERAL PROGRAMS.—Each State shall pre21 pare and submit reports to the Secretaries, at such

22 intervals as the Secretaries may determine, contain23 ing information on the extent to which Federal pro24 grams implemented at the State and local level may

25 be duplicative, outdated, overly restrictive, or other-
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1 wise counterproductive to the development of com2 prehensive statewide School-to-Work Opportunities

3 systems.

4 (d) REPORT TO THE CONGRESS.—Using funds re5 served under section 506(c), not later than 24 months after

6 the date of enactment of this Act, the Secretaries shall sub7 mit a report to the Congress on School-to-Work Opportuni8 ties programs and shall, at a minimum, include in such

9 report—

10 (1) information concerning the programs that re11 ceive assistance under this Act;

12 (2) a summary of the information contained in

13 the State reports submitted under subsection (c); and

14 (3) information regarding the findings and ac15 tions taken as a result of any evaluation conducted by

16 the Secretaries.

17 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

18 (a) PURPOSE.—The Secretaries shall work in coopera19 tion with States, employers and associations of employers,

20 secondary schools and postsecondary education institutions,

21 student and teacher organizations, labor organizations, and

22 community-based organizations, to increase their capacity

23 to develop and implement effective School-to-Work Opportu24 nities programs.
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1 (b) AUTHORIZED ACTIVITIES.—Using funds reserved

2 under section 506(c), the Secretaries shall provide, through

3 grants, contracts, or other arrangements—

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 and

8 implementing State and local School-to-Work

9 Opportunities programs; and

10 (B) improve the quality of services provided

11 to individuals served under this Act;

12 (2) assistance to States and partnerships in13 volved in carrying out School-to-Work Opportunities

14 programs in order to integrate resources available

15 under this Act with resources available under other

16 Federal, State, and local authorities;

17 (3) assistance to States and such partnerships to

18 recruit employers to provide the work-based learning

19 component, described in section 102, of School-to20 Work Opportunities programs; and

21 (4) assistance to States and such partnerships to

22 design and implement school-sponsored enterprises.

23 (c) PEER REVIEW.—The Secretaries may use funds re24 served under section 506(c) for the peer review of State ap-
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1 plications and plans under section 212 and applications

2 under title III.

3 (d) NETWORKS AND CLEARINGHOUSES.—

4 (1) ESTABLISHMENT.—To carry out their re5 sponsibilities under subsection (b), the Secretaries

6 shall establish, through grants, contracts, or other ar7 rangements, a Clearinghouse and Capacity Building

8 Network (hereafter referred to in this subsection as the

9 ‘‘Clearinghouse’’).

10 (2) FUNCTIONS.—The Clearinghouse shall—

11 (A) collect and disseminate information on

12 successful school-to-work programs, and innova13 tive school-based and work-based curricula;

14 (B) collect and disseminate information on

15 research and evaluation conducted concerning

16 activities carried out through School-to-Work

17 Opportunities programs;

18 (C) collect and disseminate information

19 that will assist States and partnerships in un20 dertaking labor market analysis, surveys, or

21 other activities related to economic development;

22 (D) collect and disseminate information on

23 skill certificates, skill standards, and related as24 sessment technologies;
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1 (E) collect and disseminate information on

2 methods for recruiting and building the capacity

3 of employers to provide work-based learning op4 portunities;

5 (F) facilitate communication and the ex6 change of information and ideas among States

7 and partnerships carrying out School-to-Work

8 Opportunities programs; and

9 (G) carry out such other activities as the

10 Secretaries determine to be appropriate.

11 (3) COORDINATION.—The Secretaries shall co12 ordinate the activities of the Clearinghouse with the

13 activities of other similar entities to avoid duplica14 tion and enhance the sharing of relevant information.

15 TITLE V—GENERAL PROVISIONS

16 SEC. 501. STATE REQUEST AND RESPONSIBILITIES FOR A

17 WAIVER OF STATUTORY AND REGULATORY

18 REQUIREMENTS.

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

20 approved plan may, at any point during the development

21 or implementation of a School-to-Work Opportunities pro22 gram, request a waiver of one or more statutory or regu23 latory provisions from the Secretaries in order to carry out

24 the purposes of this Act, and such requests for waivers shall
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1 be submitted as part of the plan or as amendments to the

2 plan.

3 (b) PARTNERSHIP REQUEST FOR WAIVER.—A part4 nership that seeks a waiver of any of the provisions speci5 fied in sections 502 and 503 shall submit an application

6 for such waiver to the State, and the State shall determine

7 whether to submit a request for a waiver to the Secretaries,

8 as provided in subsection (a).

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

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

11 shall specify the provisions or regulations referred to in such

12 sections with respect to which the State seeks a waiver.

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

14 requesting such a waiver, the State shall provide evidence

15 of support for the waiver request by the State agencies or

16 officials with jurisdiction over the provisions or regulations

17 that would be waived.

18 SEC. 502. WAIVERS OF STATUTORY AND REGULATORY RE19 QUIREMENTS BY THE SECRETARY OF EDU20 CATION.

21 (a) IN GENERAL.—

22 (1) WAIVER.—Except as provided in subsection

23 (c), the Secretary of Education may waive any re24 quirement of any provisions specified in subsection
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1 (b) or of the regulations issued under such provisions

2 for a State that requests such a waiver—

3 (A) if, and only to the extent that, the Sec4 retary of Education determines that such re5 quirement impedes the ability of the State or a

6 partnership to carry out the purposes of this Act;

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

8 similar requirements of State law; and

9 (C) if the State—

10 (i) has provided all partnerships that

11 carry out programs under this Act, and

12 local educational agencies participating in

13 such a partnership, in the State with notice

14 and an opportunity to comment on the pro15 posal of the State to seek a waiver; and

16 (ii) has submitted the comments of the

17 partnerships and local educational agencies

18 to the Secretary of Education.

19 (2) ACTION.—The Secretary of Education shall

20 act promptly on any request submitted pursuant to

21 paragraph (1).

22 (3) TERM.—Each waiver approved pursuant to

23 this subsection shall be for a period not to exceed 5

24 years, except that the Secretary of Education may ex25 tend such period if the Secretary of Education deter-
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1 mines that the waiver has been effective in enabling

2 the State or partnership to carry out the purposes of

3 this Act.

4 (b) INCLUDED PROGRAMS.—The provisions subject to

5 the waiver authority of this section are—

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

7 Secondary Education Act of 1965 (20 U.S.C. 2701 et

8 seq.), including the Even Start programs carried out

9 under part B of such chapter (20 U.S.C. 2741 et seq.);

10 (2) part A of chapter 2 of title I of the Elemen11 tary and Secondary Education Act of 1965 (20

12 U.S.C. 2921 et seq.);

13 (3) part A of title II of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 2981 et

15 seq.);

16 (4) part D of title IV of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 3121 et

18 seq.);

19 (5) title V of the Elementary and Secondary

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

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

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

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

24 Education may not waive any statutory or regulatory re-
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1 quirement of the provisions specified in subsection (b) relat2 ing to—

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

4 programs under such provisions;

5 (2) maintenance of effort;

6 (3) comparability of services;

7 (4) the equitable participation of students at8 tending private schools;

9 (5) student and parental participation and in10 volvement;

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

12 educational agencies;

13 (7) the eligibility of an individual for participa14 tion in the affected programs;

15 (8) public health or safety, labor, civil rights, oc16 cupational safety and health, or environmental pro17 tection; or

18 (9) prohibitions or restrictions relating to the

19 construction of buildings or facilities.

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

21 Education shall periodically review the performance of any

22 State or partnership for which the Secretary of Education

23 has granted a waiver under this section and shall terminate

24 the waiver under this section if the Secretary determines

25 that the performance of the State, partnership, or local edu-
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1 cational agency affected by the waiver has been inadequate

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

3 to waive similar requirements of State law as required or

4 agreed to in accordance with subsection (a)(1)(B).

5 SEC. 503. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS BY THE SECRETARY OF LABOR.

7 (a) IN GENERAL.—

8 (1) WAIVER.—Except as provided in subsection

9 (c), the Secretary of Labor may waive any require10 ment of the Act, or any provisions of the Act, speci11 fied in subsection (b) or of the regulations issued

12 under such Act or provisions for a State that requests

13 such a waiver—

14 (A) if, and only to the extent that, the Sec15 retary of Labor determines that such requirement

16 impedes the ability of the State or a partnership

17 to carry out the purposes of this Act;

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

19 similar requirements of State law; and

20 (C) if the State—

21 (i) has provided all partnerships that

22 carry out programs under this Act in the

23 State with notice and an opportunity to

24 comment on the proposal of the State to seek

25 a waiver; and
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1 (ii) has submitted the comments of the

2 partnerships to the Secretary of Labor.

3 (2) ACTION.—The Secretary of Labor shall act

4 promptly on any request submitted pursuant to para5 graph (1).

6 (3) TERM.—Each waiver approved pursuant to

7 this subsection shall be for a period not to exceed 5

8 years, except that the Secretary of Labor may extend

9 such period if the Secretary of Labor determines that

10 the waiver has been effective in enabling the State or

11 partnership to carry out the purposes of this Act.

12 (b) INCLUDED PROGRAMS.—The Act subject to the

13 waiver authority of this section is the Job Training Part14 nership Act (29 U.S.C. 1501 et seq.).

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

16 Labor may not waive any statutory or regulatory require17 ment of the Act, or any provision of the Act, specified in

18 subsection (b) relating to—

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

20 programs under such provisions;

21 (2) maintenance of effort;

22 (3) the allocation of funds under the affected pro23 grams;

24 (4) the eligibility of an individual for participa25 tion in the affected programs;
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1 (5) public health or safety, labor, civil rights, oc2 cupational safety and health, or environmental pro3 tection; or

4 (6) prohibitions or restrictions relating to the

5 construction of buildings or facilities.

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

7 Labor shall periodically review the performance of any

8 State or partnership for which the Secretary of Labor has

9 granted a waiver under this section and shall terminate the

10 waiver under this section if the Secretary determines that

11 the performance of the State or partnership affected by the

12 waiver has been inadequate to justify a continuation of the

13 waiver, or the State fails to waive similar requirements of

14 State law as required or agreed to in accordance with sub15 section (a)(1)(B).

16 SEC. 504. REQUIREMENTS.

17 The following requirements shall apply to School-to18 Work Opportunities programs under this Act:

19 (1) No student participating in such a program

20 shall displace any currently employed worker (includ21 ing a partial displacement, such as a reduction in the

22 hours of nonovertime work, wages, or employment

23 benefits).

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

25 shall impair existing contracts for services or collec-
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1 tive bargaining agreements, and no program under

2 this Act that would be inconsistent with the terms of

3 a collective bargaining agreement shall be undertaken

4 without the written concurrence of the labor organiza5 tion and employer concerned.

6 (3) No student shall be employed or fill a posi7 tion—

8 (A) when any other individual is on tem9 porary layoff from the participating employer,

10 with the clear possibility of recall, from the same

11 or any substantially equivalent job; or

12 (B) when the employer has terminated the

13 employment of any regular employee or other14 wise reduced the work force of the employer with

15 the intention of filling the vacancy so created

16 with a student.

17 (4) Students participating in such programs

18 shall be provided with adequate and safe equipment

19 and safe and healthful workplaces in conformity with

20 all health and safety standards of Federal, State, and

21 local law.

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

23 modify or affect any Federal or State law prohibiting

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

25 ethnicity, national origin, gender, age, or disability.
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1 (6) Funds appropriated under authority of this

2 Act shall not be expended for wages of students par3 ticipating in such programs.

4 (7) The Secretaries shall establish such other re5 quirements as the Secretaries may determine to be

6 appropriate, in order to ensure that participants in

7 such programs are afforded adequate supervision by

8 skilled adult workers, or to otherwise further the pur9 poses of this Act.

10 SEC. 505. SANCTIONS.

11 (a) IN GENERAL.—The Secretaries may terminate or

12 suspend financial assistance, in whole or in part, to a re13 cipient or refuse to extend a grant for a recipient, if the

14 Secretaries determine that the recipient has failed to meet

15 the requirements of this Act, including requirements under

16 section 402(c), or any regulations under this Act, or any

17 approved plan submitted pursuant to this Act. The Sec18 retaries shall provide to the recipient prompt notice of such

19 termination, suspension, or refusal to extend a grant and

20 the opportunity for a hearing within 30 days after such

21 notice.

22 (b) NONDELEGATION.—The Secretaries shall not dele23 gate any of the functions or authority specified in this sec24 tion, other than to an officer whose appointment is required
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1 to be made by and with the advice and consent of the Sen2 ate.

3 SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

4 (a) AUTHORIZATION.—There are authorized to be ap5 propriated to the Secretaries $300,000,000 for fiscal year

6 1995, and such sums as may be necessary for each of the

7 7 succeeding fiscal years to carry out this Act.

8 (b) HIGH POVERTY AREAS.—Of the amounts appro9 priated under subsection (a), the Secretaries may reserve

10 up to $30,000,000 for fiscal year 1995, and such sums as

11 may be necessary for each of the succeeding 7 years to carry

12 out section 303, which reserved funds may be used in con13 junction with funds available under the Youth Fair Chance

14 Program set forth in part H of title IV of the Job Training

15 Partnership Act (29 U.S.C. 1782 et seq.).

16 (c) NATIONAL PROGRAMS.—Of the amounts appro17 priated under subsection (a), the Secretaries may reserve

18 up to $30,000,000 for fiscal year 1995 and such sums as

19 may be necessary for each of the 7 succeeding fiscal years

20 to carry out title IV.

21 (d) TERRITORIES.—

22 (1) IN GENERAL.—Of the amounts appropriated

23 for a fiscal year under subsection (a), the Secretaries

may reserve up to 1 24 ⁄4 of 1 percent to make Federal

25 implementation grants to territories under section
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1 212 on the same basis as the Secretaries make grants

2 to States under such section. The territories shall use

3 funds made available through such grants to imple4 ment School-to-Work Opportunities programs in ac5 cordance with the requirements applicable to States

6 under subtitle B of title II.

7 (2) DEFINITION.—As used in this subsection, the

8 term ‘‘territory’’ means the United States Virgin Is9 lands, Guam, the Commonwealth of the Northern

10 Mariana Islands, American Samoa, the Federated

11 States of Micronesia, and the Republic of the Mar12 shall Islands, and includes the Republic of Palau

13 (until the Compact of Free Association is ratified).

14 (e) NATIVE AMERICAN PROGRAMS.—

15 (1) RESERVATION.—The Secretaries may reserve

up to 1 16 ⁄4 of 1 percent of the funds appropriated for

17 any fiscal year under subsection (a) to make Federal

18 implementation grants to appropriate entities under

19 section 212 on the same basis as the Secretaries make

20 grants to States under such section. The territories

21 shall use funds made available through such grants to

22 implement School-to-Work Opportunities programs,

23 for students who are Indians (as defined in section

24 1(1) of the Tribally Controlled Community College

25 Assistance Act of 1978 (25 U.S.C. 1801(1)), that in-
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1 volve Bureau funded schools, as defined in section

2 1139(3) of the Education Amendments of 1978 (25

3 U.S.C. 2019(3)), in accordance with the requirements

4 applicable to States under subtitle B of title II.

5 (2) IMPLEMENTATION.—The Secretaries may

6 carry out this subsection through such means as the

7 Secretaries determine to be appropriate, including—

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

9 the Interior; and

10 (B) the provision of financial assistance to

11 tribes and Indian organizations, as defined in

12 paragraphs (13) and (7), respectively, of section

13 1139 of such Act.

14 (f) AVAILABILITY OF FUNDS.—Funds obligated for any

15 fiscal year for programs authorized under this Act shall re16 main available until expended.

17 SEC. 507. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

18 The Secretaries are authorized, in carrying out this

19 Act, to accept, purchase, or lease in the name of the Depart20 ment of Labor or the Department of Education, and employ

21 or dispose of in furtherance of the purposes of this Act, any

22 money or property, real, personal, or mixed, tangible or in23 tangible, received by gift, devise, bequest, or otherwise, and

24 to accept voluntary and uncompensated services notwith-
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1 standing the provisions of section 1342 of title 31, United

2 States Code.

3 SEC. 508. STATE AUTHORITY.

4 Nothing in this Act shall be construed to supersede the

5 legal authority, under State law or other applicable law,

6 of any State agency or State public official over programs

7 that are under the jurisdiction of the agency or official.

8 SEC. 509. CONSTRUCTION.

9 Nothing in this Act shall be construed to establish a

10 right for any person to bring an action to obtain services

11 under this Act.

12 SEC. 510. EFFECTIVE DATE.

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

14 this Act.

15 SEC. 511. SUNSET.

16 The authority provided by this Act shall terminate on

17 October 1 of the ninth calendar year after the date of enact18 ment of this Act.

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