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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3711 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3711

     To provide secondary school students with the opportunity to 
 participate in a high-quality internship program as part of a broader 
               districtwide work-based learning program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 27, 2012

 Mr. Blumenthal (for himself and Mr. Franken) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
     To provide secondary school students with the opportunity to 
 participate in a high-quality internship program as part of a broader 
               districtwide work-based learning program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Internship Opportunity 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Department of Labor, nearly two-thirds 
        of new jobs created nationally between 2004 and 2014 will be 
        filled by workers with some postsecondary education, as will 
        almost 90 percent of jobs with higher than average growth and 
        higher than average earnings created over the same period. 
        Individuals with less education are more likely to be 
        unemployed or out of the labor force.
            (2) Research demonstrates that students exposed to 
        integrated curricula combined with work-based learning and 
        career guidance earned 18 percent more over a 4-year period 
        after high school graduation. Working for a moderate number of 
        hours during high school can also positively impact the future 
        educational and occupational attainment of students.
            (3) 69 percent of students who drop out of high school 
        state that they were not engaged in the high school curriculum 
        and experience.
            (4) The relevance of coursework to postsecondary education 
        and career are important to student motivation and engagement. 
        One study found that abstract academic education unconnected to 
        a career was only satisfying to students who were certain that 
        they would get a baccalaureate degree to meet their career 
        aspirations.
            (5) Research shows that many people learn better when they 
        are taught concepts in context. When coordinated with the 
        academic coursework of students, work-based learning can 
        reinforce and strengthen academic competencies. By allowing 
        students to apply what they are learning to real-life 
        situations and problems of significance, work-based learning 
        opportunities can help youth develop 21st century skills, such 
        as problem solving, critical thinking, teamwork, and project 
        management. By providing students with first-hand exposure to 
        jobs and industry professionals, work-based learning can deepen 
        career aspirations and employability skills.
            (6) In a recent State study, students enrolled in 
        comprehensive career and technical education programs improved 
        their grade point averages more than those in a comparison 
        group, and had similar post-high school outcomes despite being 
        lower-achieving and from lower socioeconomic backgrounds.
            (7) A comprehensive review of research on work-based 
        learning found evidence that work-based learning can foster 
        development of problem identification, flexible problem 
        solving, and other higher-order thinking skills, as needed in 
        both higher education and careers.
            (8) According to the Organisation for Economic Co-operation 
        and Development, the Program for International Student 
        Assessment (PISA) defines problem solving as the capacity of an 
        individual to engage in cognitive processing to understand and 
        resolve problem situations where a solution is not immediately 
        obvious. The definition includes the willingness to engage with 
        such situations in order to achieve one's potential as a 
        constructive and reflective citizen.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide secondary school students 
with the opportunity to participate in a high-quality internship 
program as part of a broader school districtwide work-based learning 
program, in order to increase the number of students who--
            (1) graduate from secondary schools with work-based 
        experience; and
            (2) are well-prepared to pursue a full range of 
        postsecondary opportunities, including 2-year and 4-year 
        programs of study at institutions of higher education, 
        apprenticeships, military service, technical training, and 
        employment in in-demand industry sectors or occupations.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Career awareness.--The term ``career awareness'' means 
        activities designed to build student awareness of the variety 
        of careers available for the purpose of identifying areas of 
        interest.
            (2) Career exploration.--The term ``career exploration'' 
        means activities designed for students to explore a variety of 
        career options, including any career prerequisites, for the 
        purpose of increasing student engagement and motivation and 
        informing student decisionmaking.
            (3) Career practicum.--The term ``career practicum'' means 
        activities that extend and deepen classroom work and support 
        the development of college and career readiness skills through 
        real-world work experience and engagement with adults outside 
        of school.
            (4) College and career readiness skills.--The term 
        ``college and career readiness skills'' means--
                    (A) academic skills and competencies;
                    (B) problem solving and critical thinking skills;
                    (C) the ability to work collaboratively;
                    (D) the ability to communicate effectively using a 
                variety of mediums;
                    (E) interpersonal and intrapersonal college and 
                career ready skills such as initiative, perseverance, 
                self-direction, and professionalism;
                    (F) technical and occupation-specific skills; and
                    (G) knowledge of the varying aspects and positions 
                within an industry, including specific workplace 
                skills, context, and culture.
            (5) Eligible entity.--The term ``eligible entity'' means an 
        entity that--
                    (A) is comprised of 1 or more local educational 
                agencies or area career and technical education schools 
                (as defined in section 3 of the Carl D. Perkins Career 
                and Technical Education Act of 2006 (20 U.S.C. 2302));
                    (B) has entered into a memorandum of understanding 
                with not less than 1 business or industry partner in an 
                in-demand industry sector or occupation, a State or 
                local workforce board, a community-based or nonprofit 
                organization, or a qualified intermediary; and
                    (C) may include an institution of higher education.
            (6) In-demand industry sector or occupation.--
                    (A) In general.--The term ``in-demand industry 
                sector or occupation'' means--
                            (i) an industry sector that--
                                    (I) has a substantial current or 
                                potential impact on the regional 
                                economy overall, including attracting 
                                or retaining businesses or quality jobs 
                                (including, at a minimum, jobs that 
                                lead to economic self-sufficiency and 
                                opportunities for advancement) in the 
                                region;
                                    (II) contributes to the growth of 
                                other supporting businesses or the 
                                growth of other industry sectors within 
                                the region;
                                    (III) provides workers with jobs 
                                that have competitive, family-
                                sustaining wages and benefits; and
                                    (IV) includes occupations that 
                                provide opportunities for career 
                                advancement; or
                            (ii) an occupation that--
                                    (I) has a significant presence in 
                                an industry sector;
                                    (II) has a shortage of available 
                                skilled workers;
                                    (III) pays competitive, family-
                                sustaining wages and benefits that 
                                enable workers to achieve economic 
                                self-sufficiency, or can reasonably be 
                                expected to lead to a position with 
                                such wages and benefits;
                                    (IV) provides opportunities for 
                                career advancement; and
                                    (V) has a significant impact in the 
                                economy of a region.
                    (B) Determination.--The determination of whether an 
                industry sector or occupation is an in-demand industry 
                sector or occupation under this paragraph shall--
                            (i) be made by the applicant and reviewed 
                        by the Secretary during the application 
                        process;
                            (ii) be made using State or regional 
                        business and labor market projections, 
                        including the use of labor market information; 
                        and
                            (iii) be aligned with the in-demand 
                        industry sectors or occupations identified by 
                        the State Workforce Investment Board or by the 
                        local workforce investment board (as 
                        established in section 111 or 117, 
                        respectively, of the Workforce Investment Act 
                        of 1998 (20 U.S.C. 2821, 2832)) for a region, 
                        where applicable.
            (7) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (8) Internship.--The term ``internship'' means the 
        culminating experience in a work-based learning continuum 
        that--
                    (A) is youth-centered and supports student 
                internship plans;
                    (B) provides secondary school students with 
                opportunities to acquire college and career readiness 
                skills and investigate fields of interest related to 
                the career and postsecondary education goals of the 
                students;
                    (C) is informed by regional labor market 
                information;
                    (D) is aligned with, and reinforces, the academic 
                and technical coursework and curriculum of 
                participating students and promotes the development of 
                college and career readiness skills;
                    (E) ensures that participating students receive 
                compensation for their work, such as secondary or 
                postsecondary academic credit, payment for 
                postsecondary education, a wage or stipend, payment for 
                certification exams, or a combination thereof;
                    (F) provides a meaningful contribution to the 
                organizational goals of the internship provider;
                    (G) facilitates opportunities for a participating 
                student to engage in a structured reflection of the 
                experience of the student and receive a performance 
                assessment by the supervisor of the student;
                    (H) is of significant duration and frequency over 
                the course of the school year, semester, or summer; and
                    (I) complies with the Fair Labor Standards Act of 
                1938 (29 U.S.C. 201 et seq.) and the regulations 
                promulgated under that Act.
            (9) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (10) Qualified intermediary.--The term ``qualified 
        intermediary'' means an entity that--
                    (A) has demonstrated expertise to engage, build, 
                connect, convene, sustain, and evaluate the performance 
                of partnerships with entities such as--
                            (i) employers;
                            (ii) industries;
                            (iii) schools;
                            (iv) community-based organizations;
                            (v) institutions of higher education;
                            (vi) social service organizations;
                            (vii) economic development organizations; 
                        and
                            (viii) workforce systems;
                    (B) facilitates services, resources, and supports 
                to youth and the organizations and systems that are 
                designed to serve them, including--
                            (i) connecting employers to classrooms;
                            (ii) designing and implementing a work-
                        based learning continuum;
                            (iii) developing or providing curricula;
                            (iv) delivering professional development; 
                        and
                            (v) connecting students to internships and 
                        other work-based learning opportunities; and
                    (C) has the capacity to interpret and translate 
                labor market information to inform the development of 
                work-based learning opportunities.
            (11) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (12) Secondary school graduation rate.--The term 
        ``secondary school graduation rate'' means the 4-year adjusted 
        cohort graduation rate, which is--
                    (A) the number of students who graduated in 4 years 
                with a regular diploma; divided by
                    (B) the number of students in the original 9th 
                grade cohort for the graduating class--
                            (i) plus the number of students who 
                        transferred in to the cohort's grade at the 
                        secondary school during the 4-year cohort 
                        period; and
                            (ii) minus the number of students who 
                        transferred out of the cohort's grade at the 
                        secondary school during the 4-year cohort 
                        period.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (14) Student internship plan.--The term ``student 
        internship plan'' means a written plan--
                    (A) developed for the purpose of identifying--
                            (i) student goals and learning objectives; 
                        and
                            (ii) the role of work-based learning in 
                        meeting those goals; and
                    (B) agreed to by--
                            (i) the secondary school student (and the 
                        parent or legal guardian of the student if the 
                        student is less than 18 years old);
                            (ii) a qualified representative from the 
                        school at which the student is enrolled, such 
                        as the school principal, teacher, guidance 
                        counselor, or college and career counselor; and
                            (iii) the internship supervisor or 
                        provider.
            (15) Work-based learning.--The term ``work-based learning'' 
        means coordinated, sequenced, applied learning opportunities 
        for students that--
                    (A) are part of a broader work-based learning 
                continuum that includes both pre- and post-internship 
                activities;
                    (B) are available at each secondary school that is 
                served by a local educational agency that participates 
                in the grant program under this Act, and may be scaled 
                across grades within the individual secondary school;
                    (C) are integrated with academic coursework; and
                    (D) can occur in a workplace or community setting, 
                and may include service-learning.
            (16) Work-based learning continuum.--The term ``work-based 
        learning continuum'' means a continuum of work-based learning 
        experiences that--
                    (A) help build and develop college and career 
                readiness skills among participating students, 
                including career awareness, career exploration, and 
                career practicum; and
                    (B) culminates in an internship and may include 
                other activities and experiences designed to strengthen 
                college and career readiness skills through applied 
                learning.

SEC. 5. GRANTS AUTHORIZED.

    (a) In General.--The Secretary is authorized to award grants, on a 
competitive basis, to eligible entities for the development and 
implementation of equitable, comprehensive, districtwide opportunities 
for secondary school students to participate in an internship program 
as part of a broader work-based learning continuum.
    (b) Duration.--Each grant awarded shall be for a minimum of a 3-
year period and a maximum of a 5-year period and may be renewed based 
on performance as determined by the Secretary.
    (c) Grant Amount.--The Secretary shall ensure that each grant 
awarded to an eligible entity under this Act is of sufficient size and 
scope to enable the eligible entity to carry out the grant activities 
described in section 7.
    (d) Geographic Distribution.--The Secretary shall ensure that 
grants under this Act are awarded to eligible entities that--
            (1) meet the grant application requirements described in 
        section 6; and
            (2) represent different geographic regions of the United 
        States, including urban and rural areas.
    (e) Reservation of Funds.--From the amounts appropriated under 
section 9, the Secretary shall reserve not less than 1 percent and not 
more than 2 percent for--
            (1) the evaluation of activities implemented under this 
        Act;
            (2) technical assistance; and
            (3) the dissemination of information on effective 
        internship and work-based learning programs.

SEC. 6. APPLICATION.

    (a) In General.--An eligible entity desiring a grant under this Act 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may reasonably 
require.
    (b) Contents of Internship Plan.--Each application submitted under 
this section shall include the goals and strategies for developing and 
providing secondary school students with an opportunity to participate 
in a student-focused internship program as the culminating experience 
of a broader work-based learning continuum, including--
            (1) a description of how the work-based learning program 
        will address rigorous academic content knowledge that prepares 
        secondary school students for success in institutions of higher 
        education and careers without the need for remediation at the 
        postsecondary level;
            (2) a description of the work-based learning continuum that 
        will prepare and provide opportunities for secondary school 
        students to participate in an internship as a culminating 
        experience in the continuum, which description shall include--
                    (A) the internship program implementation timeline;
                    (B) a description of any changes to the secondary 
                school schedule, including restructuring or extending 
                the school day and coordination with any after-school 
                or out-of-school-time programs;
                    (C) the number, percentage, and grade level of 
                students to be served under the grant;
                    (D) the creation and implementation of student 
                internship plans for each student served;
                    (E) a description of the opportunities for students 
                to engage in structured reflection on their student 
                internship plan and internship experiences;
                    (F) a plan for pre-internship preparation for the 
                students, such as review of regional labor market 
                information, employer classroom visits, field trips, or 
                job-shadowing;
                    (G) a plan for classroom-based internship support 
                activities;
                    (H) a plan for student transportation;
                    (I) a plan for post-internship activities; and
                    (J) a description of the participant compensation 
                for the work of the participating students, such as 
                wages, stipends, or the number of secondary or 
                postsecondary credits participants may receive upon 
                completion of the internship program;
            (3) a description of how the work-based learning continuum 
        and internship experience will improve outcomes for low-income 
        and underserved students, based on evidence;
            (4) identification of program goals and performance 
        indicators, including student academic performance indicators 
        and student participation, attendance, engagement, and 
        internship completion, and other outcomes, such as secondary 
        school graduation, institution of higher education enrollment, 
        and decreased need for postsecondary remediation;
            (5) a plan to assess--
                    (A) the performance of the intern against college 
                and career readiness skills and attributes; and
                    (B) the quality of each internship program in the 
                areas of internship experience, preparation, connection 
                to an in-demand industry sector or occupation, 
                responsibilities, and engagement;
            (6) a memorandum of understanding between members of the 
        eligible entity and a description of partnership requirements 
        and expectations and individual member responsibilities;
            (7) where applicable, a memorandum of understanding between 
        the eligible entity and an institution of higher education 
        regarding the provision and cost of any postsecondary credits 
        earned by participating students;
            (8) the identification of, and a plan to address, any State 
        or local worker's compensation, minimum work age, safety, or 
        liability issues for work-based learning that occurs outside of 
        school property or outside of regular school hours;
            (9) an assurance that the internship provider complies with 
        all provisions of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 201 et seq.);
            (10) an assurance that business or industry employees are 
        neither replaced nor displaced by an intern participating in 
        the program;
            (11) an assessment of, and a plan to address, any 
        attendance policies, scheduling policies, or other policies 
        related to compensating interns, including the number of 
        credits that may be earned and time students may spend outside 
        of the classroom, that may serve as barriers to program 
        implementation or graduation from secondary school in the 
        standard number of years;
            (12) the means by which the eligible entity will encourage 
        and support the full participation of secondary school students 
        who are children with disabilities, as defined in section 602 
        of the Individuals with Disabilities Education Act (20 U.S.C. 
        1401), students from low-income families, and diverse learners, 
        including English language learners, in the activities funded 
        under the grant;
            (13) an assurance that students are not tracked or directed 
        into certain internships or career paths and that a variety of 
        internship choices of comparable rigor and quality are provided 
        to students;
            (14) a description of supplemental support services 
        provided, such as academic counseling and counseling regarding 
        institutions of higher education and careers, including the 
        provision of labor market information and mentoring;
            (15) a plan that provides professional development 
        opportunities, including time and resources to enable 
        participation, to teachers and internship supervisors and 
        employers to ensure that student internships are aligned with 
        and reinforce academic content and college and career readiness 
        skills;
            (16) a plan that--
                    (A) supports ongoing communication between 
                participating teachers, administrators, and internship 
                supervisors or employers in an effort to share and 
                monitor student data and to assess and support student 
                performance; and
                    (B) ensures that such communication and student 
                data sharing complies with the requirements, including 
                requirements for consent, of section 444 of the General 
                Education Provisions Act (20 U.S.C. 1232g) (commonly 
                known as the ``Family Educational Rights and Privacy 
                Act of 1974'');
            (17) a program sustainability plan that--
                    (A) leverages Federal and non-Federal funding 
                (including in-kind resources);
                    (B) builds a broad-based coalition of support among 
                secondary schools, employers, parents, institutions of 
                higher education, State or local workforce boards, 
                community based organizations, philanthropy, and other 
                partners through outreach and communication efforts; 
                and
                    (C) may establish an advisory board that includes 
                representatives from participating schools, businesses, 
                community-based organizations, philanthropy, 
                institutions of higher education, workforce boards, and 
                qualified intermediaries;
            (18) the requirement of a cash or in-kind match from 
        employer partners, such as covering the cost of transportation, 
        training, and materials;
            (19) a description of how the strategies implemented under 
        this Act strengthen, leverage, do not duplicate, and align with 
        programs within the community served that are funded under the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), the 
        Carl D. Perkins Career and Technical Education Act of 2006 (20 
        U.S.C. 2301 et seq.), the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.), and the Higher Education 
        Act of 1965 (20 U.S.C. 1001 et seq.); and
            (20) in the case of an eligible entity that includes a 
        local educational agency that serves more than 1 secondary 
        school, if districtwide implementation is not feasible within 1 
        year, a description of how the local educational agency will 
        increase the scale of the grant program on an annual basis such 
        that all secondary schools served by the local educational 
        agency will be served by the grant program before the end of 
        the grant period or prior to the time of grant renewal.

SEC. 7. USE OF GRANT FUNDS.

    (a) In General.--An eligible entity that receives a grant under 
this Act shall use funds to implement districtwide opportunities for 
students to participate in an internship program as part of a work-
based learning continuum, including--
            (1) providing professional development and supporting 
        ongoing communication and opportunities for coordination, 
        including through--
                    (A) the use of technology between teachers and 
                internship supervisors or employers;
                    (B) data sharing that complies with the 
                requirements, including requirements for consent, of 
                section 444 of the General Education Provisions Act (20 
                U.S.C. 1232g) (commonly known as the ``Family 
                Educational Rights and Privacy Act of 1974'') and the 
                development of ways to support student participation 
                and success to ensure that--
                            (i) internship activities and 
                        responsibilities are aligned with and reinforce 
                        academic content and college and career 
                        readiness skills; and
                            (ii) classroom teaching incorporates high-
                        quality connections to work-based learning; and
                    (C) supporting student placement and student and 
                program assessment;
            (2) providing nonacademic and academic support, such as 
        tutoring, to support the improvement of skills;
            (3) increasing student access to school-based college and 
        career counselors and integrated supports;
            (4) providing or facilitating the transportation required 
        for a student to fully participate in the activities funded 
        under the grant;
            (5) developing and implementing a work-based learning and 
        internship program curriculum and assessments to ensure that 
        internship activities and responsibilities are aligned to and 
        reinforce academic content and college and career readiness 
        skills;
            (6) providing for the cost of postsecondary credits for 
        participating secondary students such that the credits are of 
        no cost to the student;
            (7) restructuring the school day--
                    (A) to accommodate work-based learning 
                opportunities and scheduling; and
                    (B) to allow participating students to earn course 
                credit for participation in an internship program that 
                may occur outside of school hours or during the summer, 
                in addition to during regular school hours;
            (8) providing technological support, including investments 
        in data systems and sharing of data (in compliance with the 
        requirements, including requirements for consent, of section 
        444 of the General Education Provisions Act (20 U.S.C. 1232g) 
        (commonly known as the ``Family Educational Rights and Privacy 
        Act of 1974'') between members of the eligible entity, such as 
        student attendance, credit accrual, and performance-based 
        assessments in an effort to monitor, evaluate, and support 
        student progress;
            (9) contracting with qualified intermediaries to connect 
        students to and support high-quality internships and work-based 
        learning opportunities; and
            (10) providing technical assistance and support to 
        internship providers in implementing the internship program.
    (b) Prohibition.--An eligible entity that receives a grant under 
this Act shall not use grant funds to pay salaries to participating 
students or to pay salaries to, or on behalf of, internship providers.

SEC. 8. REPORTING.

    Each eligible entity that receives a grant under this Act shall 
annually, for each year of the grant, make available to the Secretary 
and to the public a report that includes information about--
            (1) the number of secondary schools and the number of 
        students that are participating in the eligible entity's 
        program under this Act;
            (2) best practices; and
            (3) a description of program outcomes and the impact of the 
        grant program on student learning and achievement, which 
        shall--
                    (A) be based on the data that is collected in 
                accordance with the indicators described in section 
                6(b)(4) and the assessment plan described in section 
                6(b)(5);
                    (B) include any increases in secondary school 
                graduation rates or rates of enrollment in an 
                institution of higher education; and
                    (C) include student data that is disaggregated by 
                gender, by each major racial and ethnic group, by 
                English proficiency status, by migrant status, by 
                students with disabilities as compared to nondisabled 
                students, and by economically disadvantaged students as 
                compared to students who are not economically 
                disadvantaged, except that, in the case of a local 
                educational agency or a school, such disaggregation 
                shall not be required in a case in which the number of 
                students in a category is insufficient to yield 
                statistically reliable information or the results would 
                reveal personally identifiable information about an 
                individual student.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for each of the fiscal years 2013 through 
2018.
                                 <all>
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